[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2505 Reported in House (RH)]





                                                 Union Calendar No. 434

104th CONGRESS

  2d Session

                               H. R. 2505

                          [Report No. 104-797]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 17, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 434
104th CONGRESS
  2d Session
                                H. R. 2505

                          [Report No. 104-797]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 1995

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

                           September 17, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                               18, 1995]

_______________________________________________________________________

                                 A BILL


 
   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)(B)) 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 (D) and (E), respectively, and by inserting after 
        subparagraph (B) the following new subparagraph:
    ``(C) Where such public lands are surrounded by or contiguous to 
subsurface lands obtained by a Regional Corporation under subsection 
(a) or (b), the Corporation may, upon request, have such public land 
conveyed to it.''; and
            (2) in subparagraph (D) (as so redesignated), by striking 
        ``(A) or (B)'' and inserting ``(A), (B), or (C)''.

SEC. 3. ELIM NATIVE CORPORATION LAND RESTORATION.

    (a) Withdrawal and Availability For Selection.--The lands described 
in subsection (b) are withdrawn from disposition under the public land 
laws, entry or appropriation under the mining laws of the United 
States, and the operation of the mineral leasing laws of the United 
States, subject to valid existing rights, for a period of one year from 
the date of enactment of this Act, for selection by the Elim Native 
Corporation under this section.
    (b) Lands Described.--The lands described in this section are a 
parcel of land in the vicinity of Elim, Alaska, at approximately 
latitude 64 50 N. Longitude 162 00 W, more particularly described as 
follows:
            Beginning at the point of intersection of line 3-4, U.S. 
        Survey No. 2548 with the protracted West Boundary of T8S, R18W 
        KRM, Alaska;
            Thence North, along the west boundary of the aforementioned 
        township, approximately 4\1/2\ miles to the protracted position 
        for the corner of sections 1, 6, 7, and 12;
            Thence Northeasterly, parallel with line 4-3 of U.S. Survey 
        No. 2548, approximately 20\1/2\ miles, to a point;
            Thence East approximately 6 miles to corner No. 3 U.S. 
        Survey No. 2548;
            Thence Southwesterly along lines 3-4, U.S. Survey 2548 
        approximately 27\1/2\ miles to the point of beginning, 
        containing, 52,799.3 acres, more or less.
    (c) Authorization To Select Lands; Reservation of Easement.--The 
Elim Native Corporation is authorized to select the lands described in 
subsection (b) to satisfy its land entitlements under section 19(b) of 
the Alaska Native Claims Settlement Act (43 U.S.C. 1618(b)). The 
Secretary is authorized to receive, adjudicate and convey the lands to 
the Elim Native Corporation subject to (1) valid existing rights, and 
(2) an easement reserved to the United States for the benefit of the 
public. An easement in the lands shall be reserved to the Iditarod 
National Historic Trail.
    (d) Withdrawal and Selection of Additional Lands.--The Secretary is 
authorized to withdraw, and Elim Native Corporation is authorized to 
select, within 18 months after the date of the enactment of this Act 
additional lands adjacent to the lands withdrawn by subsection (a) to 
fulfill Elim Native Corporation's land entitlements equal to the total 
acreage of the Norton Bay Reservation as withdrawn by Executive Order 
No. 2508, dated January 3, 1917.

SEC. 4. PROPOSED AMENDMENT TO PUBLIC LAW 102-415.

    Section 20(f) of the Alaska Land Status Technical Corrections Act 
of 1992 (106 Stat. 2129) is amended by adding at the end the following 
new paragraph:
    ``(4) The Region shall be deemed to have 3,520 acres of subsurface 
entitlement pursuant to this section, which entitlement shall be 
satisfied in the manner prescribed for the Region in section 14(h)(9) 
of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(9)).''.

SEC. 5. 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)(i) 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
                    (ii) has been unable to fully carry out such 
                responsibilities; and
                    (B) 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)''; and
            (2) 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 July 16, 1996 (hereinafter referred to as 
        `CCRD Addendum')'';
            (3) by striking ``The value'' and all that follows through 
        ``Provided, That the'' and inserting in lieu thereof the 
        following:
    ``(2) Unless prior to October 1, 1996, the parties mutually agree 
on a value of the lands and interests in lands to be exchanged as 
contained in the CCRD or the CCRD Addendum, the Secretary of the 
Treasury shall credit the property account to be established by 
subsection (c) with an amount determined by paragraph (5) of the CCRD 
Addendum. The'';
            (4) in the last sentence, by inserting a period after 
        ``1642'' and striking all that follows in that sentence; and
            (5) 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) Exchange Administration.--Section 8126(c) of Public Law 102-172 
(105 Stat. 1207) is amended--
            (1) by inserting ``(1)'' after ``(c)'';
            (2) by inserting after ``subsection (a) of this section,'' 
        the following: ``upon conveyance or relinquishment of the 
        remaining lands in the CCRD and the CCRD Addendum,''; and
            (3) by adding at the end the following new paragraphs:
    ``(2) Notwithstanding any other provision of law, Calista 
Corporation 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.
    ``(3) Calista will provide to the Bureau of Land Management, Alaska 
State Office, appropriate documentation 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.
    ``(4) 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. 6. 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. 7. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES OF SAND, 
              GRAVEL, STONE, PUMICE, PEAT, CLAY, OR CINDER RESOURCES.

    Subsection (i)(1) of section 7 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1606(i)(1)) 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. 8. 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. 9. VISITOR SERVICES.

    Paragraph (1) of section 1307(b) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3197(b)(1)) 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. 10. REPORT.

    Within nine months after the date of enactment of this Act, the 
Secretary of the Interior shall submit to Congress a report indicating 
the actions taken in carrying out subsection (b) of section 1308 of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3198). The 
report shall also address the recruitment processes that may restrict 
employees hired under subsection (a) of such section from successfully 
obtaining positions in the competitive service. The Secretary of 
Agriculture shall cooperate with the Secretary of the Interior in 
carrying out this section with respect to the Forest Service.