[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2505 Received in Senate (RDS)]







104th CONGRESS
  2d Session
                                H. R. 2505


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 1996

                                Received

_______________________________________________________________________

                                 AN ACT


 
   To amend the Alaska Native Claims Settlement Act to make certain 
 clarifications to the land bank protection provisions, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTOMATIC LAND BANK PROTECTION.

    (a) Lands Received in Exchange From Certain Federal Agencies.--The 
matter preceding clause (i) of section 907(d)(1)(A) of the Alaska 
National Interest Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is 
amended by inserting ``or conveyed to a Native Corporation pursuant to 
an exchange authorized by section 22(f) of Alaska Native Claims 
Settlement Act or section 1302(h) of this Act or other applicable law'' 
after ``Settlement Trust''.
    (b) Lands Exchanged Among Native Corporations.--Section 
907(d)(2)(B) of such Act (43 U.S.C. 1636(d)(2)) is amended by striking 
``and'' at the end of clause (ii), by striking the period at the end of 
clause (iii) and inserting ``; and'', and by adding at the end the 
following:
            ``(iv) lands or interest in lands shall not be considered 
        developed or leased or sold to a third party as a result of an 
        exchange or conveyance of such land or interest in land between 
        or among Native Corporations and trusts, partnerships, 
        corporations, or joint ventures, whose beneficiaries, partners, 
        shareholders, or joint venturers are Native Corporations.''.
    (c) Actions by Trustee Serving Pursuant to Agreement of Native 
Corporations.--Section 907(d)(3)(B) of such Act (43 U.S.C. 
1636(d)(3)(B)) is amended by striking ``or'' at the end of clause (i), 
by striking the period at the end of clause (ii) and inserting ``; 
or'', and by adding at the end the following:
            ``(iii) to actions by any trustee whose right, title, or 
        interest in land or interests in land arises pursuant to an 
        agreement between or among Native Corporations and trusts, 
        partnerships, or joint ventures whose beneficiaries, partners, 
        shareholders, or joint venturers are Native Corporations.''.

SEC. 2. RETAINED MINERAL ESTATE.

    Section 12(c)(4) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1611(c)(4)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (E) and (F), respectively, and by inserting after 
        subparagraph (B) the following new subparagraphs:
    ``(C) Where such public lands are surrounded by or contiguous to 
subsurface lands obtained by a Regional Corporation under subsections 
(a) or (b), the Corporation may, upon request, have such public land 
conveyed to it.
    ``(D)(i) A Regional Corporation which elects to obtain public lands 
under subparagraph (C) shall be limited to a total of not more than 
12,000 acres. Selection by a Regional Corporation of in lieu surface 
acres under subparagraph (E) pursuant to an election under subparagraph 
(C) shall not be made from any lands within a conservation system unit 
(as that term is defined by section 102(4) of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3102(4)).
    ``(ii) An election to obtain the public lands described in 
subparagraph (A), (B), or (C) shall include all available parcels 
within the township in which the public lands are located.
    ``(iii) For purposes of this subparagraph and subparagraph (C), the 
term `Regional Corporation' shall refer only to Doyon, Limited.''; and
            (2) in subparagraph (E) (as so redesignated), by striking 
        ``(A) or (B)'' and inserting ``(A), (B), or (C)''.

SEC. 3. PROPOSED AMENDMENT TO PUBLIC LAW 102-415.

    Section 20 of the Alaska Land Status Technical Corrections Act of 
1992 (106 Stat. 2129) is amended by adding at the end the following new 
subsection:
    ``(h) Establishment of the account under subsection (b) and 
conveyance of land under subsection (c), if any, shall be treated as 
though 3,520 acres of land had been conveyed to Gold Creek under 
section 14(h)(2) of the Alaska Native Claims Settlement Act for which 
rights to in-lieu subsurface estate are hereby provided to CIRI. Within 
1 year from the date of enactment of this subsection, CIRI shall select 
3,520 acres of land from the area designated for in-lieu selection by 
paragraph I.B.(2)(b) of the document identified in section 12(b) of the 
Act of January 2, 1976 (43 U.S.C. 1611 note).''.

SEC. 4. CALISTA CORPORATION LAND EXCHANGE.

    (a) Congressional Findings.--Congress finds and declares that--
            (1) the land exchange authorized by section 8126 of Public 
        Law 102-172 should be implemented without further delay;
            (2) lands and interests in lands in the exchange are within 
        the boundaries of the Yukon Delta National Wildlife Refuge 
        established by the Alaska National Interest Lands Conservation 
        Act (ANILCA) and include wetlands, grasslands, marshes, and 
        riverine and upland fish and wildlife habitat lands, which 
        represent the premier habitat area for waterfowl and other 
        birds in the Pacific and other flyways--
                    (A) for nesting, breeding, and staging grounds for 
                countless thousands of migratory waterfowl, including 
                species such as Spectacled Eider, Tundra Swan, White-
                fronted Goose, many song birds and neotropical 
                migrants, Harlequin Duck, Canvasbacked Duck, Snow 
                Goose, several species of diving and dabbling ducks, 
                Cackling and other subspecies of Canada Geese, and 
                Emperor Goose; and
                    (B) as habitat for other wildlife and fish such as 
                wolf, brown and black bear, moose, caribou, otter, fox, 
                mink, musk ox, salmon, grayling, sheefish, rainbow 
                trout, blackfish, pike, and dolly varden,
        the acquisition of which lands and interests in lands would 
        further the purposes for which the refuge was established by 
        ANILCA;
            (3) the Yukon-Kuskokwim Delta Region is burdened by some of 
        the most serious and distressing economic, social, and health 
        conditions existing anywhere in the United States, including 
        high incidence of infant mortality, teenage suicide, hepatitis, 
        alcoholism, meningitis, tuberculosis, and unemployment (60 to 
        90 percent);
            (4) the Calista Corporation, the Native Regional 
        Corporation organized under the authority of the Alaska Native 
        Claims Settlement Act (ANCSA) for the Yupik Eskimos of 
        Southwestern Alaska, which includes the entire Yukon Delta 
        National Wildlife Refuge--
                    (A) has responsibilities provided for by the 
                Settlement Act to help address social, cultural, 
                economic, health, subsistence, and related issues 
                within the Region and among its villages, including the 
                viability of the villages themselves, many of which are 
                remote and isolated; and
                    (B) has been unable to fully carry out such 
                responsibilities, and
        the implementation of this exchange is essential to helping 
        Calista utilize its assets to carry out those responsibilities 
        to realize the benefits of ANCSA;
            (5) the parties to the exchange have been unable to reach 
        agreement on the valuation of the lands and interests in lands 
        to be conveyed to the United States under section 8126 of 
        Public Law 102-171; and
            (6) in light of the foregoing, it is appropriate and 
        necessary in this unique situation that Congress authorize and 
        direct the implementation of this exchange as set forth in this 
        section in furtherance of the purposes and underlying goals of 
        the Alaska Native Claims Settlement Act and the Alaska National 
        Interest Lands Conservation Act.
    (b) Land Exchange Implementation.--Section 8126(a) of Public Law 
102-172 (105 Stat. 1206) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking ``October 1, 1996'' and inserting ``October 
        1, 2002'';
            (3) by inserting after ``October 28, 1991'' the following: 
        ``(hereinafter referred to as `CCRD') and in the document 
        entitled, `The Calista Conveyance and Relinquishment Document 
        Addendum', dated September 15, 1996 (hereinafter referred to as 
        `CCRD Addendum')'';
            (4) by striking ``The value'' and all that follows through 
        ``Provided, That the'' and inserting in lieu thereof the 
        following:
    ``(2) Unless prior to December 31, 1996, the parties mutually agree 
on a value of the lands and interests in lands to be exchanged as 
contained in the CCRD and the CCRD Addendum, the aggregate values of 
such lands and interests in lands shall be established as of January 1, 
1997, as provided in paragraph (6) of the CCRD Addendum. The'';
            (5) in the last sentence, by inserting a period after 
        ``1642'' and striking all that follows in that sentence; and
            (6) by adding at the end the following new paragraph:
    ``(3) The amount credited to the property account is not subject to 
adjustment for minor changes in acreage resulting from preparation or 
correction of the land descriptions in the CCRD or CCRD Addendum or the 
exclusion of any small tracts of land as a result of hazardous 
materials surveys.''.
    (c) Extension of Restriction on Certain Property Transfers.--
Section 8126(b) of Public Law 102-172 (105 Stat. 1206) is amended by 
striking ``October 1, 1996'' and inserting ``October 1, 2002''.
    (d) Exchange Administration.--Section 8126(c) of Public Law 102-172 
(105 Stat. 1207) is amended--
            (1) by inserting ``(1)'' after ``(c)'';
            (2) by striking the sentence beginning ``On October 1, 
        1996,'' and inserting in lieu thereof the following: ``To the 
        extent such lands and interests have not been exchanged with 
        the United States, on January 1, 1997, the Secretary of the 
        Treasury shall establish a property account on behalf of 
        Calista Corporation. If the parties have mutually agreed to a 
        value as provided in subsection (a)(2), the Secretary of the 
        Treasury shall credit the account accordingly. In the absence 
        of such an agreement the Secretary of the Treasury shall credit 
        the account with an amount equal to 66 percent of the total 
        amount determined by paragraph (6) of the CCRD Addendum. The 
        account shall be available for use as provided in subsection 
        (c)(3), as follows:
            ``(A) On January 1, 1997, an amount equal to one-half the 
        amount credited pursuant to this paragraph shall be available 
        for use as provided.
            ``(B) On October 1, 1997, the remaining one-half of the 
        amount credited pursuant to this paragraph shall be available 
        for use as provided.
    ``(2) On October 1, 2002, to the extent any portion of the lands 
and interests in lands have not been exchanged pursuant to subsection 
(a) or conveyed or relinquished to the United States pursuant to 
paragraph (1), the account established by paragraph (1) shall be 
credited with an amount equal to any remainder of the value determined 
pursuant to paragraph (1).'';
            (3) by inserting ``(3)'' before ``Subject to'';
            (4) by striking ``on or after October 1, 1996,'' and by 
        inserting after ``subsection (a) of this section,'' the 
        following: ``upon conveyance or relinquishment of equivalent 
        portions of the lands referenced in the CCRD and the CCRD 
        Addendum,''; and
            (5) by adding at the end the following new paragraphs:
    ``(4) Notwithstanding any other provision of law, Calista 
Corporation or the village corporations identified in the CCRD Addendum 
may assign, without restriction, any or all of the account upon written 
notification to the Secretary of the Treasury and the Secretary of the 
Interior.
    ``(5) Calista will provide to the Bureau of Land Management, Alaska 
State Office, appropriate documentation, including maps of the parcels 
to be exchanged to enable that office to perform the accounting 
required by paragraph (1) and to forward such information, if requested 
by Calista, to the Secretary of the Treasury as authorized by such 
paragraph. Minor boundary adjustments shall be made between Calista and 
the Department to reflect the acreage figures reflected in the CCRD and 
the CCRD Addendum.
    ``(6) For the purpose of the determination of the applicability of 
section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1606(i)) to revenues generated pursuant to this section, such revenues 
shall be calculated in accordance with paragraph (4) of the CCRD 
Addendum.''.

SEC. 5. MINING CLAIMS.

    Paragraph (3) of section 22(c) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1621(c)) is amended--
            (1) by striking out ``regional corporation'' each place it 
        appears and inserting in lieu thereof ``Regional Corporation''; 
        and
            (2) by adding at the end the following: ``The provisions of 
        this section shall apply to Haida Corporation and the Haida 
        Traditional Use Sites, which shall be treated as a Regional 
        Corporation for the purposes of this paragraph, except that any 
        revenues remitted to Haida Corporation under this section shall 
        not be subject to distribution pursuant to section 7(i) of this 
        Act.''.

SEC. 6. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES OF SAND, 
              GRAVEL, STONE, PUMICE, PEAT, CLAY, OR CINDER RESOURCES.

    Subsection (i) of section 7 of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1606(i)) is amended--
            (1) by striking ``Seventy per centum'' and inserting ``(A) 
        Except as provided by subparagraph (B), seventy percent''; and
            (2) by adding at the end the following:
    ``(B) In the case of the sale, disposition, or other use of common 
varieties of sand, gravel, stone, pumice, peat, clay, or cinder 
resources made after the date of enactment of this subparagraph, the 
revenues received by a Regional Corporation shall not be subject to 
division under subparagraph (A). Nothing in this subparagraph is 
intended to or shall be construed to alter the ownership of such sand, 
gravel, stone, pumice, peat, clay, or cinder resources.''.

SEC. 7. ALASKA NATIVE ALLOTMENT APPLICATIONS.

    Section 905(a) of the Alaska National Interest Lands Conservation 
Act (43 U.S.C. 1634(a)) is amended by adding at the end the following:
    ``(7) Paragraph (1) of this subsection and section (d) shall apply, 
and paragraph (5) of this subsection shall cease to apply, to an 
application--
            ``(A) that is open and pending on the date of enactment of 
        this paragraph,
            ``(B) if the lands described in the application are in 
        Federal ownership, and
            ``(C) if all protests which were filed by the State of 
        Alaska pursuant to paragraph (5)(B) with respect to the 
        application have been withdrawn and not reasserted or are 
        dismissed.''.

SEC. 8. VISITOR SERVICES.

    Paragraph (1) of section 1307(b) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3197(b)) is amended--
            (1) by striking ``Native Corporation'' and inserting 
        ``Native Corporations''; and
            (2) by striking ``is most directly affected'' and inserting 
        ``are most directly affected''.

SEC. 9. REPORT.

    Within nine months after the date of enactment of this Act, the 
Secretary of the Interior shall submit to Congress a report which 
includes the following:
            (1) Local hire.--(A) The report shall--
                    (i) indicate the actions taken in carrying out 
                subsection (b) of section 1308 of the Alaska National 
                Interest Lands Conservation Act (16 U.S.C. 3198); and
                    (ii) also address the recruitment processes that 
                may restrict employees hired under subsection (a) of 
                such section from successfully obtaining positions in 
                the competitive service.
            (B) The Secretary of Agriculture shall cooperate with the 
        Secretary of the Interior in carrying out this paragraph with 
        respect to the Forest Service.
            (2) Local contracts.--The report shall describe the actions 
        of the Secretary of the Interior in contracting with Alaska 
        Native Corporations to provide services with respect to public 
        lands in Alaska.

            Passed the House of Representatives September 26, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.