[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 967 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 967

    To amend the Alaska Native Claims Settlement Act and the Alaska 
National Interest Lands Conservation Act to benefit Alaska natives and 
                rural residents, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 1997

 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 amend the Alaska Native Claims Settlement Act and the Alaska 
National Interest Lands Conservation Act to benefit Alaska natives and 
                rural residents, 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)) is amended by striking 
``and'' at the end of clause (ii), by striking the period at the end of 
clause (iii) and inserting ``; and'', and 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 by striking ``or'' at the end of clause (i), 
by striking the period at the end of clause (ii) and inserting ``; 
or'', and 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 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 subparagraph (3)(A), by inserting ``and on bonds 
        received from a Native Corporation'' after ``from a Native 
        Corporation''; and
            (2) in subparagraph (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. PROPOSED 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 in-lieu subsurface estate are hereby provided to CIRI. Within 
1 year from the date of enactment of this subsection, CIRI shall select 
3,520 acres of land from the area designated for in-lieu selection by 
paragraph I.B.(2)(b) of the document identified in section 12(b) of the 
Act of January 2, 1976 (43 U.S.C. 1611 note).''.

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; and
                    (B) has been unable to fully carry out such 
                responsibilities, and the implementation of this 
                exchange 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 Public Law 
102-172 (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) Unless prior to December 31, 1997, the parties 
        mutually agree on a value of the lands and interests in lands 
        to be exchanged as contained in the CCRD and the CCRD Addendum, 
        the aggregate values of such lands and interests in lands shall 
        be established as of January 1, 1998, as 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, 
        including maps of the parcels to be exchanged 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. 
        Minor boundary adjustments shall be made between Calista and 
        the Department to reflect the acreage figures reflected in the 
        CCRD and the CCRD Addendum.
            ``(6) For the purpose of the determination of the 
        applicability of section 7(i) of the Alaska Native Claims 
        Settlement Act (42 U.S.C. 1606(i)) to revenues generated 
        pursuant to this section, such revenues shall be calculated in 
        accordance with paragraph (4) 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 (42 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. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS IN SOUTHEAST 
              ALASKA.

    (a) Section 16 of the Alaska Native Claims Settlement Act, as 
amended (Pub. L. No. 92-203, 85 Stat. 688, 43 U.S.C. 1601, hereinafter 
referred to as ``the Act'') is amended by adding at the end thereof the 
following new subsection:
    ``(e)(1) The Native residents of each of the Native Villages of 
Haines, Ketchikan, Petersburg, and Wrangell, Alaska, may organize as an 
Urban Corporation.
    ``(2) The Native residents of the Native Village of Tenakee, 
Alaska, may organize as a Group Corporation.
    ``(3) Nothing in this subsection shall affect any existing 
entitlement to land of any Native Corporation pursuant to this Act or 
any other provision of law.''
    (b) Section 8 of the Act is amended by adding at the end the 
following new subsection:
    ``(d) Enrollment in the additional corporations in Southeast 
Alaska.--
            ``(1) The Secretary shall enroll to each of the Urban 
        Corporations for Haines, Ketchikan, Petersburg, or Wrangell 
        those individual Natives who enrolled under this Act to Haines, 
        Ketchikan, Petersburg, or Wrangell, and shall enroll to the 
        Group Corporation for Tenakee those individual Natives who 
        enrolled under this Act to Tenakee: Provided, That nothing in 
        this subsection shall affect existing entitlement to land of 
        any Regional Corporation pursuant to section 12(b) or section 
        14(h)(8) of this Act.
            ``(2) Those Natives who, pursuant to paragraph (1), are 
        enrolled to an Urban Corporation for Haines, Ketchikan, 
        Petersburg, or Wrangell, or to a Group Corporation for Tenakee, 
        and who were enrolled as shareholders of the Regional 
        Corporation for southeast Alaska on or before March 30, 1973, 
shall receive 100 shares of Settlement Common Stock in such Urban or 
Group Corporation.
            ``(3) A Native who has received shares of stock in the 
        Regional Corporation for southeast Alaska through inheritance 
        from a decedent Native who originally enrolled to Haines, 
        Ketchikan, Petersburg, Tenakee, or Wrangell, which decedent 
        Native was not a shareholder in a Village, Group or Urban 
        Corporation, shall receive the identical number of shares of 
        Settlement Common Stock in the Urban Corporation for Haines, 
        Ketchikan, Petersburg, or Wrangell, or in the Group Corporation 
        for Tenakee, as the number of shares inherited by that Native 
        from the decedent Native who would have been eligible to be 
        enrolled to such urban or Group Corporation.''
    (c) Section 7 of the Act is amended as follows:
            (1) By adding at the end of subsection 7(j) the following 
        new sentence: ``Native members of the communities of Haines, 
        Ketchikan, Petersburg, Tenakee, and Wrangell who become 
        shareholders in an Urban or Group Corporation for such a 
        community shall continue to be eligible to receive 
        distributions under this subsection as at-large shareholders of 
        Sealaska Corporation.''
            (2) By adding at the end of section 7 the following new 
        subsection:
    ``(p) No provision of section 8 of the 1997 Act amending the Alaska 
Native Claims Settlement Act and the Alaska National Interest Lands 
Conservation Act to benefit Alaska natives and rural residents, and for 
other purposes, shall affect the ratio for determination of 
distribution of revenues among Native Corporations under this section 
of the Act and the 1982 Section 7(i) Settlement Agreement among the 
Regional Corporations or among Village Corporations under section 7(j) 
of the Act.''.
    (d) Not later than December 31, 1998, the Secretary of the 
Interior, in consultation with the Secretary of Agriculture, and in 
consultation with representatives of the Urban and Group Corporations 
established pursuant to this section, as well as Sealaska Corporation, 
shall submit to the Senate Committee on Energy and Natural Resources 
and the House Committee on Resources a report making recommendations to 
the Congress regarding lands and other appropriate compensation to be 
provided to the Urban and Group Corporations established pursuant to 
this section, including--
            (1) local areas of historical, cultural, and traditional 
        importance to Alaska Natives from the Villages of Haines, 
        Ketchikan, Petersburg, Tenakee, or Wrangell, that should be 
        conveyed to such Urban or Group Corporation, together with any 
        recommended limitations or stipulations regarding the use of 
        such lands, including possible restrictions on the harvest of 
        timber from such lands; and
            (2) such additional forms of compensation as the Secretary 
        may recommend.
    (e) Planning Grants.--There are authorized to be appropriated such 
sums as are necessary to provide the Native Corporations for the 
communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell 
with grants in the amount of $250,000 each, to be used only for 
planning, development and other purposes for which Native Corporations 
are organized under this section.
    (f) Notwithstanding any other provision of Pub. L. No. 92-203, as 
amended, nothing in this section shall create any entitlement to 
federal lands for an Urban or Group Corporation established pursuant to 
this section without further Congressional action.

SEC. 9. 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 section (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, and
                    ``(C) if all protests which were filed by the State 
                of Alaska pursuant to paragraph (5)(B) with respect to 
                the application have been withdrawn and not reasserted 
                or are dismissed.''.

SEC. 10. 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''.

SEC. 11. TRAINING OF FEDERAL LAND MANAGERS.

    The Alaska National Interest Lands Conservation Act (P.L. 96-487, 
94 Stat. 2371) is amended as follows:
            (1) Section 101 is amended by the addition of a new 
        subsection (e) as follows:
    ``(e) In order to comply with this Act all federal public land 
managers in Alaska, or a region that includes Alaska, shall participate 
in an ANILCA training class to be completed within 120 days after 
enactment. All future appointed federal public land managers in Alaska, 
or a region containing Alaska, are required to complete the 
aforementioned ANILCA training within 60 days of appointment.''.

SEC. 12. SUBSISTENCE USES IN GLACIER BAY NATIONAL PARK.

    The Alaska National Interest Lands Conservation Act (P.L. 96-487, 
94 Stat. 2371) is amended as follows:
            (1) Section 202(l) is amended by adding the following at 
        the end thereof: ``Subsistence uses by local residents shall be 
        permitted in the park where such uses are traditional in 
        accordance with the provisions of Title VIII.''.

SEC. 13. ACCESS RIGHTS.

    The Alaska National Interest Lands Conservation Act (P.L. 96-487, 
94 Stat. 2371) is amended as follows:
            (1) Section 1105 is amended by designating the existing 
        language as subsection (a) and inserting a new subsection (b) 
        as follows:
    ``(b) Any alternative route that may be identified by the head of 
the federal agency shall not be less economically feasible and prudent 
than the route for the system being sought by the applicant.''.
            (2) The second sentence in section 1110(a) is amended by 
        striking ``area'' and inserting in lieu thereof: ``area: 
        Provided, That reasonable regulations shall not include any 
        requirements for the demonstration of pre-existing use and: 
        Provided further, That the Secretary shall limit any 
        prohibitions to the smallest area practicable, to the smallest 
        period of time or both. No prohibition shall occur prior to 
        formal consultation with the State of Alaska.''.
            (3) The last sentence of section 1110(b) is amended by 
        inserting ``may include easements, right-of-way, or other 
        interests in land or permits and'' immediately after ``such 
        rights''.
            (4) In the last sentence of section 1110(b), strike 
        ``lands.'' and insert in lieu thereof the following: ``lands: 
        Provided, That the Secretary shall not impose any unreasonable 
        fees or charges on those seeking to secure their rights under 
        this subsection. Individuals or entities possessing rights 
        under this subsection shall not be subject to the requirement 
        of sections 1104, 1105, 1106, and 1107 herein.''.
            (5) Section 1315 is amended by adding a new subparagraph 
        ``(g)'' as follows:
    ``(g) Within National Forest Wilderness Areas and National Forest 
Monument areas as designated in this and subsequent Acts, the Secretary 
of Agriculture may permit or otherwise regulate helicopter use and 
landings, except that he shall allow for helicopter use and landings in 
emergency situations where human life or health are in danger.''.

SEC. 14. USE OF CABINS AND ALLOWED USES.

    The Alaska National Interest Lands Conservation Act (P.L. 96-487, 
94 Stat. 2371) is amended as follows:
            (1) Section 1303(a)(1)(D) is amended by striking 
        ``located.'' and inserting in lieu thereof: the following: 
        ``located: Provided, That the applicant may not be required to 
        waive, forfeit, or relinquish its possessory or personalty 
        interests in a cabin or structure.''.
            (2) Section 1303(a)(2)(D) is amended by striking 
        ``located.'' and inserting in lieu thereof: the following: 
        ``located: Provided, That the applicant may not be required to 
        waive, forfeit, or relinquish its possessory or personalty 
        interests in a cabin or structure.''.
            (3) Section 1303(b)(3)(D) is amended by striking 
        ``located.'' and inserting in lieu thereof the following: 
        ``located: Provided, That the applicant may not be required to 
        waive, forfeit, or relinquish its possessory or personalty 
        interests in a cabin or structure.''.
            (4) Section 1303 is amended by adding a new subsection (e) 
        as follows:
    ``(e) All permits, permit renewals, or renewal or continuation of 
valid leases issued pursuant to this section shall provide for repair, 
maintenance, and replacement activities and may authorize alterations 
to cabins and similar structure that do not constitute a significant 
impairment of unit purposes.''.
            (5) Section 1316(a) is amended by striking ``permittee.'' 
        in the last sentence and inserting in lieu thereof the 
        following: ``permittee: Provided, That structures and 
        facilities may be allowed to stand from season to season.''.
            (6) Section 1316(a) is amended in the first sentence by 
        deleting ``equipment'' and inserting in lieu thereof: 
        ``equipment, including motorized and mechanical equipment,''. 
        (2) by striking ``is most directly affected'' and inserting 
        ``are most directly affected.''.

SEC. 15. REPORT.

    Within nine months after the date of enactment of this Act, the 
Secretary of the Interior shall submit to Congress a report which 
includes the following:
            (1) Local hire.--(A) The report shall--
                    (i) 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); and
                    (ii) also address the recruitment processes that 
                may restrict employees hired under subsection (a) of 
                such section from successfully obtaining positions in 
                the competitive service.
            (B) The Secretary of Agriculture shall cooperate with the 
        Secretary of the Interior in carrying out this paragraph with 
        respect to the Forest Service.
            (2) Local contracts.--The report shall 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.
                                 <all>