[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 402 Engrossed in House (EH)]
1st Session
H. R. 402
_______________________________________________________________________
AN ACT
To amend the Alaska Native Claims Settlement Act, 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. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE
ASSOCIATIONS CONVEYANCES.
The conveyance of approximately 11,520 acres to Montana Creek
Native Association, Inc., and the conveyance of approximately 11,520
acres to Caswell Native Association, Inc., by Cook Inlet Region, Inc.
in fulfillment
of the agreement of February 3, 1976, and subsequent letter agreement
of March 26, 1982, among the three parties are hereby adopted and
ratified as a matter of Federal law. These conveyances shall be deemed
to be conveyances pursuant to section 14(h)(2) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group corporations
for Montana Creek and Caswell are hereby declared to have received
their full entitlement and shall not be entitled to the receipt of any
additional lands under the Alaska Native Claims Settlement Act. The
ratification of these conveyances shall not have any other effect upon
section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)) or upon the duties and obligations of the United States to any
Alaska Native Corporation. This ratification shall not be the basis for
any claim to land or money by Caswell or Montana Creek group
corporations or any other Alaska Native Corporation against the State
of Alaska, the United States, or Cook Inlet Region, Incorporated.
SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALASKA REGIONAL
CORPORATION.
Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1621(c)) is amended by adding at the end the following:
``(3) This section shall apply to lands conveyed by interim
conveyance or patent to a regional corporation pursuant to this Act
which are made subject to a mining claim or claims located under the
general mining laws, including lands conveyed prior to enactment of
this paragraph. Effective upon the date of the enactment of this
paragraph, the Secretary, acting through the Bureau of Land Management
and in a manner consistent with section 14(g) of this Act, shall
transfer to the regional corporation administration of all mining
claims determined to be entirely within lands conveyed to that
corporation. Any person holding such mining claim or claims shall meet
such requirements of the general mining laws and section 314 of the
Federal Land Management and Policy Act of 1976 (43 U.S.C. 1744), except
that any filings which would have been made with the Bureau of Land
Management if the lands were within Federal ownership shall be timely
made to the appropriate regional corporation. The validity of any such
mining claim or claims may be contested by the regional corporation, in
the place of the United States. All contest proceedings and appeals by
the mining claimants of adverse decisions made by the regional
corporation shall be brought in Federal District Court for the District
of Alaska. Neither the United States nor any Federal agency or official
shall be named or joined as a party in such proceedings or appeals. All
revenues from such mining claims received after passage of this
paragraph shall be remitted to the regional corporation subject to
distribution pursuant to section 7(i) of this Act, except that in the
event that the mining claim or claims are not totally within the lands
conveyed to the regional corporation, the regional corporation shall be
entitled only to that proportion of revenues, other than administrative
fees, reasonably allocated to the portion of the mining claim or claims
so conveyed.''.
SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE
CONTAMINATION OF TRANSFERRED LANDS.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``claims arising from contamination of transferred lands
``Sec. 40. (a) As used in this section:
``(1) The term `contaminant' means hazardous substances
harmful to public health or the environment, including
asbestos.
``(2) The term `lands' means real property transferred to
an Alaska Native Corporation pursuant to this Act.
``(b) Within 18 months of enactment of this section, and after
consultation with the Secretary of Agriculture, State of Alaska, and
appropriate Alaska Native corporations and organizations, the Secretary
shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, a report addressing issues presented by the presence of
hazardous substances on lands conveyed or prioritized for conveyance to
such corporations pursuant to this Act. Such report shall consist of--
``(1) existing information concerning the nature and types
of contaminants present on such lands prior to conveyance to
Alaska Native corporations;
``(2) existing information identifying the existence and
availability of potentially responsible parties for the removal
or amelioration of the effects of such contaminants;
``(3) identification of existing remedies; and
``(4) recommendations for any additional legislation that
the Secretary concludes is necessary to remedy the problem of
contaminants on such lands.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF
IMPLEMENTING REQUIRED RECONVEYANCES.
Section 14(c) of Alaska Native Claims Settlement Act (43 U.S.C.
1613(c)) is amended by adding at the end the following: ``There is
authorized to be appropriated such sums as may be necessary for the
purpose of providing technical assistance to Village Corporations
established pursuant to this Act in order that they may fulfill the
reconveyance requirements of section 14(c) of this Act. The Secretary
may make funds available as grants to ANCSA or nonprofit corporations
that maintain in-house land planning and management capabilities.''.
SEC. 5. NATIVE ALLOTMENTS.
Section 1431(o) of the Alaska National Interest Lands Conservation
Act (94 Stat. 2542) is amended by adding at the end the following:
``(5) Following the exercise by Arctic Slope Regional Corporation
of its option under paragraph (1) to acquire the subsurface estate
beneath lands within the National Petroleum Reserve--Alaska selected by
Kuukpik Corporation, where such subsurface estate entirely surrounds
lands subject to a Native allotment application approved under section
905 of this Act, and the oil and gas in such lands have been reserved
to the United States, Arctic Slope Regional Corporation, at its further
option and subject to the concurrence of the Kuupik Corporation, shall
be entitled to receive a conveyance of the reserved oil and gas,
including all rights and privileges therein reserved to the United
States, in such lands. Upon the receipt of a conveyance of such oil and
gas interests, the entitlement of Arctic Slope Regional Corporation to
in-lieu subsurface lands under section 12(a)(1) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1611(a)(1)) shall be reduced by the
amount of acreage determined by the Secretary to be conveyed to Arctic
Slope Regional Corporation pursuant to this paragraph.''.
SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKAN
VETERANS FOR ALLOTMENTS.
(a) In General.--No later than six months after the date of
enactment of this Act, the Secretary of the Interior, in consultation
with the Secretary of Agriculture, the State of Alaska and appropriate
Native corporations and organizations, shall submit to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate, a report which shall include, but
not be limited to, the following:
(1) The number of Vietnam era veterans, as defined in
section 101 of title 38, United States Code, who were eligible
for but did not apply for an allotment of not to exceed 160 acres under
the Act of May 17, 1906 (Chapter 2469; 34 Stat. 197), as such Act was
in effect before December 18, 1971;
(2) an assessment of the potential impacts of additional
allotments on conservation system units as such term is defined
in section 102(4) of the Alaska National Interest Lands
Conservation Act (94 Stat. 2375); and
(3) recommendations for any additional legislation that the
Secretary concludes is necessary.
(b) Requirement.--The Secretary of Veterans Affairs shall release
to the Secretary of the Interior information relevant to the report
required under subsection (a).
SEC. 7. TRANSFER OF WRANGELL INSTITUTE.
(a) Property Transfer.--Cook Inlet Region, Incorporated, is
authorized to transfer to the United States and the General Services
Administration shall accept an approximately 10-acre site of the
Wrangell Institute in Wrangell, Alaska, and the structures contained
thereon.
(b) Restoration of Property Credits.--
(1) In general.--In exchange for the land and structures
transferred under subsection (a), property bidding credits in
the total amount of $382,305, shall be restored to the Cook
Inlet Region, Incorporated, property account in the Treasury
established under section 12(b) of the Act of January 2, 1976
(Public Law 94-204; 43 U.S.C. 1611 note), referred to in such
section as the ``Cook Inlet Region, Incorporated, property
account''. Such property bidding credits shall be used in the
same fiscal year as received by Cook Inlet Region,
Incorporated.
(2) Hold harmless.--The United States shall defend and hold
harmless Cook Inlet Region, Incorporated, and its subsidiaries
in any and all claims arising from Federal or Cook Inlet
Region, Incorporated, ownership of the land and structures
prior to their return to the United States.
SEC. 8. SHISHMAREF AIRPORT AMENDMENT.
The Shishmaref Airport, conveyed to the State of Alaska on January
5, 1967, in Patent No. 1240529, is subject to reversion to the United
States, pursuant to the terms of that patent for nonuse as an airport.
The Secretary is authorized to reacquire the interests originally
conveyed pursuant to Patent No. 1240529, and, notwithstanding any other
provision of law, the Secretary shall immediately thereafter transfer
all right, title, and interest of the United States in the subject
lands to the Shishmaref Native Corporation. Nothing in this section
shall relieve the State, the United States, or any other potentially
responsible party of liability, if any, under existing law for the
clean up of hazardous or solid wastes on the property, nor shall the
United States or Shishmaref Native Corporation become liable for the
cleanup of the property solely by virtue of acquiring title from the
State or from the United States.
Passed the House of Representatives March 14, 1995.
Attest:
Clerk.
104th CONGRESS
1st Session
H. R. 402
_______________________________________________________________________
AN ACT
To amend the Alaska Native Claims Settlement Act, and for other
purposes.