[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1998 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1998

  To provide for expedited negotiations between the Secretary of the 
Interior and the villages of Chickaloon-Moose Creek Native Association, 
Inc., Ninilchik Native Association, Inc., Seldovia Native Association, 
   Inc., Tyonek Native Corporation and Knikatnu, Inc. Regarding the 
 conveyances of certain lands in Alaska Under the Alaska Native Claims 
                Settlement Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 1996

 Mr. Murkowski  (for himself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for expedited negotiations between the Secretary of the 
Interior and the villages of Chickaloon-Moose Creek Native Association, 
Inc., Ninilchik Native Association, Inc., Seldovia Native Association, 
   Inc., Tyonek Native Corporation and Knikatnu, Inc. Regarding the 
 conveyances of certain lands in Alaska Under 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.--(a) The Secretary of the Interior (``Secretary'') shall 
enter into expedited negotiations with the Alaska Native Village 
Corporations of Tyonek Native Corporation, Chickaloon-Moose Creek 
Native Association, Inc., Ninilchik Native Association, Inc., Seldovia 
Native Association, Inc., and Knikatnu, Inc. for the purpose of 
conveying to the Village Corporations, within 180 days of enactment of 
this Act, the lands described in paragraph (d) as ``West Side Lands'' 
or other lands or interests therein in the Cook Inlet Region of Alaska 
or other appropriate alternative financial consideration, as the 
Secretary and the Village Corporations may agree satisfies the 
obligations of this Act in partial fulfillment of the acreage 
entitlement of each Village Corporation under the Alaska Native Claims 
Settlement Act of 1971, (``Settlement Act''). If the Secretary 
successfully completes negotiation with a Village Corporation within 
180 days of enactment of this Act, then, as to reach such Village 
Corporation which has reached an agreement with the Secretary, the 
conveyance obligation provided in subsection (b) of this Act shall be 
suspended and the Secretary shall within 90 days convey to each such 
Village Corporation such lands and interests in lands in the Cook Inlet 
Region of Alaska or provide other appropriate alternative financial 
consideration provided for in the agreement with the affected Village 
Corporation. The Secretary shall consult with Cook Inlet Region, Inc. 
(``CIRI'') regarding to CIRI's subsurface entitlement underlying the 
surface estate of each Village Corporation named in this subsection.
    (b) If, within 80 days of enactment of this Act, the Secretary has 
been unable to reach agreement with a Village Corporation named in 
subsection (a), then, as to each such Village Corporation, the 
Secretary shall within 210 days after enactment of this Act convey all 
right, title, and interest of the United States in and to the surface 
estate of 50 percentum of the West Side Lands in order of existing 
Village Corporation selection priority made in 1974. If the Secretary 
does not complete the conveyances described in the first sentence of 
this subsection within 210 days of enactment of this Act, then such 
conveyances will occur by operation of law 240 days after enactment of 
this Act. Title to the lands described in this subsection shall be 
vested in the Village Corporations with regard to whether such 
selections are listed in appendix A or appendix C of the Deficiency 
Agreement dated August 31, 1976.
    (c)(1) Immediately upon completion of the conveyances described in 
subsection (b), the Secretary shall enter into expedited negotiations 
with the Village Corporations named in subsection (a) for the purpose 
of completing the conveyance to the Village Corporations of any 
remaining West Side Lands which were not conveyed to the Village 
Corporations pursuant to subsection (b) of this Act or alternative 
lands or interests in lands in the Cook Inlet Region of Alaska or such 
other appropriate alternative financial considerations. If within 180 
days of completion of the conveyances described in subsection (b), the 
Secretary has been unable to reach agreement with any of the Village 
Corporations named in subsection (a), then the Secretary shall file a 
report with the Committee on Energy and Natural Resources of the United 
States Senate and the Resources Committee of the United States House of 
Representatives describing the course of negotiations and explaining 
why, in the Secretary's view, no agreement was reached.
    (2) If the Secretary has been unable to reach agreement as 
described in subsection (c) of this Act with a Village Corporation 
named in subsection (a), litigation may be commenced to seek conveyance 
of the remaining lands described in appendix C of the Deficiency 
Agreement dated August 31, 1976, at any time within twelve months of 
enactment of this Act, by any of the five affected village corporations 
or CIRI. Exclusive jurisdiction over such action is vested in the 
United States District Court for the District of Alaska. If such 
litigation is commenced, trial de novo to the court shall be held and 
the Deficiency Agreement shall be construed as an agreement for the 
benefit of Alaska Natives as Native Americans consistent with the 
Federal trust responsibility.
    (d) The ``West Side Lands'' are those lands selected by the Village 
Corporations pursuant to section 12(a) of the ``Settlement Act'' as 
determined by the order of existing Village Corporation selection 
priority ranking made by rounds in 1974, and on file with the Secretary 
and the Committee on Energy and Natural Resources of the United States 
Senate and the Committee on Resources of the United States House of 
Representatives and legally described as follows:
    To Chickaloon-Moose Creek Native Association, Inc.:

                         Seward Meridan, Alaska

                    Township 1 North, Range 20 West

    (Unsurveyed)
    Sections 24, 25, and 36 (fractional).
    To Knikatnu, Inc.:

                         Seward Meridan, Alaska

                    Township 1 South, Range 20 West

    (Unsurveyed)
    Section 1 (fractional)

                    Township 3 South, Range 20 West

    (Unsurveyed)
    Section 3 (fractional)
    Section 4 and 9.

                    Township 1 South, Range 20 West

    (Unsurveyed)
    Section 9 (fractional).
    To Ninilchik Native Association, Inc.:

                        Seward Meridian, Alaska

                    Township 1 South, Range 19 West

    (Unsurveyed)
    Sections 29 and 32 (fractional).

                    Township 2 South, Range 19 West

(Unsurveyed)
    Sections 6 and 18 (fractional).

                    Township 2 South, Range 20 West

(Unsurveyed)
    Section 1 (fractional).
    Sections 6 and 14;
    Sections 23, 24, and 26 (fractional).
    Sections 32 and 33;
    Sections 34 and 35 (fractional).

                    Township 3 South, Range 20 West

(Unsurveyed)
    Section 10 (fractional)

                    Township 3 South, Range 21 West

(Unsurveyed)
    Sections 13 and 19 through 24, inclusive;
    Section 25 (fractional)
    Sections 32 and 34 (fractional).

                    Township 1 North, Range 20 West

(Unsurveyed)
    Sections 6 through 8 (fractional), inclusive;
    Section 16;
    Sections 22 and 23 (fractional);
    Section 26.

                    Township 4 North, Range 19 West

(Unsurveyed)
    Sections 20 and 36.
To Seldovia Native Association, Inc.:

                        Seward Meridian, Alaska

                    Township 2 South, Range 20 West

(Unsurveyed)
    Section 13 (fractional).

                    Township 3 South, Range 20 West

(Unsurveyed)
    Sections 7 and 8;
    Section 16 (fractional);
    Sections 17 and 18;
    Sections 19 and 20 (fractional).
To Tyonek Native Corporation:

                        Seward Meridian, Alaska

                    Township 1 South, Range 20 West

(Unsurveyed)
    Section 2 (fractional);
    Section 3.

                    Township 2 South, Range 21 West

(Unsurveyed)
    Section 36.

                    Township 2 South, Range 20 West

(Unsurveyed)
    Section 12 (fractional);
    Section 31.

                    Township 3 South, Range 20 West

(Unsurveyed)
    Sections 15, 21, and 30 (fractional).

                    Township 3 South, Range 21 West

(Unsurveyed)
    Section 26;
    Section 27 and 28 (fractional);
    Sections 29 through 31 (fractional), inclusive;
    Sections 33, 35, and 36 (fractional).

                    Township 1 North, Range 20 West

(Unsurveyed)
    Section 15 (fractional);
    Section 35.
    Aggregating approximately 29,900 acres, more or less.
    (e) All conveyances made under this Act shall be made in accordance 
with Section 12(a), 14(f), and 17(b) of the Settlement Act.
    (f) Nothing in this Act shall be construed to increase or decrease 
the entitlement under the Settlement Act of any Village Corporation 
named in this Act or of CIRI.
                                 <all>