[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3087 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 3087

To require the Secretary of Agriculture to grant an easement to Chugach 
                          Alaska Corporation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 1997

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

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Agriculture to grant an easement to Chugach 
                          Alaska Corporation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CHUGACH ALASKA CORPORATION SETTLEMENT IMPLEMENTATION.

    (a) Findings.--Congress finds that--
            (1) pursuant to section 1430 of the Alaska National 
        Interest Lands Conservation Act, the Secretary of the Interior, 
        the Secretary of Agriculture, the State of Alaska, and Chugach 
        Alaska Corporation (the Native Regional Corporation organized 
        under the authority of the Alaska Native Claims Settlement Act 
        for the Chugach people of the Chugach Region and formerly known 
        as Chugach Natives, Inc.) were directed to study land ownership 
        in and around the Chugach Region for the purposes of--
                    (A) providing a fair and just land settlement for 
                the Chugach people and realizing the intent, purpose, 
                and promise of the Alaska Native Claims Settlement Act 
                by the Chugach Alaska Corporation; and
                    (B) identifying lands that, to the maximum extent 
                possible, are of the like, kind, and character of those 
                traditionally used and occupied by the Chugach people, 
                and, to the maximum extent possible, are coastal 
                accessible and economically viable;
            (2) on September 17, 1982, the aforementioned parties 
        entered into the 1982 Chugach Natives, Inc. Settlement 
        Agreement in order to set forth agreement a fair and just land 
        settlement for the Chugach people pursuant to the study 
        directed by Congress, which among its many provisions--
                    (A) required the United States to convey to Chugach 
                Alaska Corporation not more than 73,308 acres of land 
                in the vicinity of Carbon Mountain, which tract of land 
                contains significant natural resources, but is 
                inaccessible by road; and
                    (B) granted Chugach Alaska Corporation rights-of-
                way across Chugach National Forest to such tract of 
                land and required the United States to grant to Chugach 
                Alaska Corporation an easement for the purpose of 
                constructing and using roads and other facilities 
                necessary for development of that tract of land on 
                terms and conditions to be determined by the Settlement 
                Agreement;
            (3) without the such easements, the lands conveyed to 
        Chugach Alaska Corporation in the vicinity of Carbon Mountain 
        cannot be utilized or developed in a manner consistent with the 
        intent of Congress as expressed in the Alaska National Interest 
        Lands Conservation Act and the Alaska Native Claims Settlement 
        Act;
            (4) Chugach Alaska Corporation and the United States Forest 
        Service have been unable to reach agreement on the procedures 
        to be used for granting the easement to Chugach Alaska 
        Corporation or on the terms and conditions related to such 
        easement; and
            (5) the easement required under the 1982 Chugach Natives, 
        Inc. Settlement Agreement should be granted without further 
        delay.
    (b) Easement Conveyance Implementation.--
            (1) In general.--Notwithstanding any other provision of 
        law, not later than 90 days after the date of the enactment of 
        this Act, the Secretary of Agriculture shall, in accordance 
        with the appropriate environmental studies, grant Chugach 
        Alaska Corporation an irrevocable and perpetual 500-foot-wide 
        easement for the construction, use, and maintenance of roads 
        and related facilities necessary for access to and economic 
        development of the land interests in the Carbon Mountain and 
        Katalla vicinity that were conveyed to Chugach Alaska 
        Corporation pursuant to the Alaska Native Claims Settlement 
        Act. The centerline of the easement is depicted on the map 
        entitled ``Carbon Mountain Access Easement'' and dated November 
        4, 1997.
            (2) Submission of survey; relinquishment of unneeded 
        portion of easement.--Not later than 90 days after completion 
        of construction of roads and related facilities on the easement 
        granted pursuant to paragraph (1), Chugach Alaska Corporation 
        shall submit to the Secretary of Agriculture an as-built survey 
        of such roads and related facilities and relinquish to the 
        United States those portions of the easement Chugach Alaska 
        Corporation deems not necessary for future use.
                                 <all>