[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2000 Reported in House (RH)]






                                                 Union Calendar No. 383
105th CONGRESS
  2d Session
                                H. R. 2000

                          [Report No. 105-677]

   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

                             June 21, 1997

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

                             August 5, 1998

  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 June 
                               21, 1997]

_______________________________________________________________________

                                 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--
            (1) by striking ``and'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; and''; and
            (3) 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--
            (1) by striking ``or'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; or''; and
            (3) 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. CLARIFICATION ON TREATMENT OF BONDS FROM A NATIVE CORPORATION.

    Section 29(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1626(c)) is amended--
            (1) in paragraph (3)(A), by inserting ``and on bonds 
        received from a Native Corporation'' after ``from a Native 
        Corporation''; and
            (2) in paragraph (3)(B), by inserting ``or bonds issued by 
        a Native Corporation which bonds shall be subject to the 
        protection of section 7(h) until voluntarily and expressly sold 
        or pledged by the shareholder subsequent to the date of 
        distribution'' before the semicolon.

SEC. 4. 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 subsurface estate are hereby provided to CIRI. Within one 
year from the date of the enactment of this subsection, CIRI shall 
select 3,520 acres of land from the area designated for selection by 
paragraph I.B.(2)(b) of the document identified in section 12(b) 
(referring to the Talkeetna Mountains) of the Act of January 2, 1976 
(43 U.S.C. 1611 note). Not more than five selections shall be made 
under this subsection, each of which shall be reasonably compact and in 
whole sections, except when separated by unavailable land or when the 
remaining entitlement is less than a whole section.''.

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) 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;
                    (B) has been unable to fully carry out such 
                responsibilities; and
                    (C) the implementation of the exchange referred to 
                in this paragraph is essential to helping Calista 
                utilize its assets to carry out those responsibilities 
                to realize the benefits of ANCSA;
            (3) 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
            (4) 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 the 
Department of Defense Appropriations Act, 1992 (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) The aggregate values of such lands and interests in lands, 
together with compensation for the considerations set forth in the 
findings of this subsection, shall be the sum 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, 1998, 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, 1998, an amount equal to one-half the 
        amount credited pursuant to this paragraph shall be available 
        for use as provided.
            ``(B) On October 1, 1998, 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 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.
    ``(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 (5) 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) 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. 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 subsection (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 other than as a result of reacquisition by 
        the United States after January 3, 1959, and
            ``(C) if any protest which is filed by the State of Alaska 
        pursuant to paragraph (5)(B) with respect to the application is 
        withdrawn or dismissed either before, on, or after the date of 
the enactment of this paragraph.
    ``(8)(A) Any allotment application which is open and pending and 
which is legislatively approved by enactment of paragraph (7) shall, 
when allotted, be made subject to any easement, trail, or right-of-way 
in existence on the date of the Native allotment applicant's 
commencement of use and occupancy.
    ``(B) The Secretary shall make any factual determinations required 
to carry out this paragraph.''.

SEC. 9. 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. 10. LOCAL HIRE REPORT.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of the Interior shall transmit to 
Congress a report.
    (b) Local Hire.--The report required by subsection (a) shall--
            (1) 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);
            (2) address the recruitment processes that may restrict 
        employees hired under subsection (a) of such section from 
        successfully obtaining positions in the competitive service; 
        and
            (3) 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.
    (c) Cooperation.--The Secretary of Agriculture shall cooperate with 
the Secretary of the Interior in carrying out this section with respect 
to the Forest Service.
                                     





                                                 Union Calendar No. 383

105th CONGRESS

  2d Session

                               H. R. 2000

                          [Report No. 105-677]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             August 5, 1998

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