[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 402 Reported in House (RH)]





                                                  Union Calendar No. 38

104th CONGRESS

  1st Session

                               H. R. 402

                          [Report No. 104-73]

_______________________________________________________________________

                                 A BILL

    To amend the Alaska Native Claims Settlement Act, and for other 
                               purposes.

_______________________________________________________________________

                             March 9, 1995

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                  Union Calendar No. 38
104th CONGRESS
  1st Session
                                H. R. 402

                          [Report No. 104-73]

    To amend the Alaska Native Claims Settlement Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

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

                             March 9, 1995

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
    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, 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.