[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2547 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 2547
To provide for the conveyance of land interests to Chugach Alaska
Corporation to fulfill the intent, purpose, and promise of the Alaska
Native Claims Settlement Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 1999
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Resources
_______________________________________________________________________
A BILL
To provide for the conveyance of land interests to Chugach Alaska
Corporation to fulfill the intent, purpose, and promise of the Alaska
Native Claims Settlement Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chugach Alaska Natives Settlement
Implementation Act of 1999''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) The term ``ANCSA'' means the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1601 et seq.).
(2) The term ``ANILCA'' means the Alaska National Interest
Lands Conservation Act of 1980, as amended (16 U.S.C. 3101 et
seq.).
TITLE I--EASEMENT FOR ACCESS
SEC. 101. FINDINGS.
The Congress finds that--
(1) Chugach Alaska Corporation, formerly known as Chugach
Natives, Inc., is the Alaska Native Regional Corporation
organized under the authority of ANCSA for the Chugach people
in the Chugach region;
(2) ANCSA promised the Chugach people a fair and just
settlement of their aboriginal claims to lands and waters in
Alaska;
(3) pursuant to section 1430 of ANILCA, the Secretary of
the Interior, the Secretary of Agriculture, the State of
Alaska, and Chugach Alaska Corporation 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 ANCSA by 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;
(4) on September 17, 1982, the aforementioned parties
entered into the 1982 Chugach Natives, Inc. Settlement
Agreement in order to set forth 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;
(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, using, and maintaining roads and other
facilities necessary for the use and development of
that tract of land;
(C) required Chugach Alaska Corporation to apply to
the Forest Supervisor for Chugach National Forest for
conveyance of the easement, and to provide such
information as may be prescribed by the Forest
Supervisor; and
(D) reserved in the United States the right to
prepare environmental documents in connection with the
easement grant, consistent with the provisions of
section 910 of ANILCA, if deemed desirable by the
responsible Federal agency;
(5) on September 11, 1996, the Forest Supervisor deemed
preparation of environmental documents for the easement
desirable;
(6) on August 8, 1997, and January 21, 1998, Chugach Alaska
Corporation and the United States Forest Service entered into
collection agreements, pursuant to which Chugach Alaska
Corporation was required to pay to the United States Forest
Service the costs of United States Forest Service personnel
involvement in the preparation and review of environmental
documents and processing of the easement application;
(7) on March 13, 1998, Chugach Alaska Corporation and the
United States Forest Service entered into a Memorandum of
Understanding, pursuant to which the parties reached agreement
on--
(A) the information prescribed by the Forest
Supervisor, in a detailed work plan prepared jointly by
United States Forest Service and Chugach Alaska
Corporation representatives;
(B) the process for the preparation and approval of
environmental documentation in support of the easement;
and
(C) the requirement that the United States Forest
Service grant an easement to Chugach Alaska Corporation
within 45 days after receiving a complete easement
application from Chugach Alaska Corporation;
(8) In furtherance of providing the environmental
documentation prescribed by the Forest Supervisor, Chugach
Alaska Corporation, at its sole expense--
(A) contracted for the performance of field surveys
and the preparation of resource reports on the cultural
resources, wetlands, threatened, endangered, and
sensitive plant and animal species, vegetation, and
fish and wildlife in the easement project area, as
depicted on the map entitled ``Project Area and
Corridor Carbon Mountain Access Project 1-14-98''.
(B) submitted the resource reports to the United
States Forest Service for review and comment, and
contracted for further field surveys and reports as and
when requested by the United States Forest Service;
(C) in conjunction with United States Forest
Service biologists, contracted for the performance of
field surveys and the preparation of reports for
waterfowl, goshawk, and goat kidding areas in the
easement project area;
(D) contracted for the preparation of bridge
designs and hydrological analyses for major crossings
within the easement project area, submitted such
designs and analyses to the United States Forest
Service for review and comment, and modified such
designs pursuant to comments received from United
States Forest Service specialists;
(E) prepared a transportation plan for the easement
and road, including maintenance and design standards
and an erosion control plan, for review by United
States Forest Service engineers and specialists; and
(F) contracted for the preparation of a draft road
design for field and office review by United States
Forest Service engineers and specialists, and for the
modification of such design pursuant to comments
received by the United States Forest Service;
(9) In June 1998, an interdisciplinary team of specialists
in the fields of fisheries, hydrology, engineering, soils,
wildlife, recreation, and visual quality from the United States
Forest Service and Chugach Alaska Corporation and its
contractors conducted an extensive field review of the easement
corridor and road location, the costs of which were borne by
Chugach Alaska Corporation, and United States Forest Service
specialists concurred with Chugach Alaska Corporation on the
location of the easement corridor;
(10) Following the interdisciplinary team review and
concurrence, United States Forest Service staff officers,
including the Forest Supervisor for the Chugach National
Forest, conducted a field review of the road location and
affirmed such concurrence;
(11) on January 12, 1999, the Forest Supervisor determined
that Chugach Alaska Corporation had completed all studies and
provided adequate documentation to support its easement
application;
(12) on January 19, 1999, Chugach Alaska Corporation
submitted the complete easement application, containing all
information prescribed by the Forest Supervisor, in a
multivolume collection of the extensive field work, reviews,
reports, analyses, and modifications performed and relied upon
in support of the easement, and entitled ``Documentation in
Support of an Easement Application for Road Access Via the
Martin River Valley to the Bering River Coal Fields as Granted
by the 1982 CNI Settlement Agreement'';
(13) to date, the United States Forest Service has failed
to grant Chugach Alaska Corporation an easement for access to
its lands in the vicinity of Carbon Mountain;
(14) without such easement, 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 ANILCA and ANCSA;
(15) Chugach Alaska Corporation has incurred considerable
expense and delay in its efforts to achieve the fair and just
settlement Congress intended and promised to the Chugach people
more than 2 decades ago pursuant to ANCSA;
(16) the easement requirement under the 1982 Chugach
Natives, Inc. Settlement Agreement should be granted without
further delay.
SEC. 102. PURPOSE.
The purpose of this title is to provide Chugach Alaska Corporation
with access to and for the utilization and development of land
interests in the vicinity of Carbon Mountain that were conveyed to
Chugach Alaska Corporation pursuant to ANCSA.
SEC. 103. CONVEYANCE.
Notwithstanding any other provision of law, as soon as practicable
but not later than 90 days after the date of the enactment of this
title, the Secretary of Agriculture shall grant Chugach Alaska
Corporation a perpetual easement located and having the specifications
as set forth in the ``Documentation in Support of an Easement
Application for Road Access Via the Martin River Valley to the Bering
River Coal Fields as Granted by the 1982 CNI Settlement Agreement'',
for the purposes and facilities described therein.
SEC. 104. EASEMENT.
Unless otherwise agreed to by the Secretary of Agriculture and
Chugach Alaska Corporation, the easement granted under section 103 of
this title shall--
(1) include sufficient lands for logistical staging areas
and construction material sites used for the construction and
maintenance of a single-lane forest road; and
(2) include the right for Chugach Alaska Corporation, or
its assignees, to construct, operate, and maintain related
facilities and structures within the right-of-way.
SEC. 105. TRANSFER.
If within 6 months from the date of the enactment of this title the
Secretary of Agriculture and Chugach Alaska Corporation fail mutually
to agree on the terms and conditions of the use of the easement, then
the easement is hereby granted to Chugach Alaska Corporation, and such
grant shall be deemed as a conveyance pursuant to ANCSA.
TITLE II--CEMETERY SITES AND HISTORIC PLACES
SEC. 201. DEFINITIONS.
For the purposes of this title, the following definitions apply:
(1) The term ``Federal Government'' means any Federal
agency of the United States.
(2) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 202. FINDINGS.
The Congress finds the following:
(1) Pursuant to section 14(h)(1) of ANCSA, the Secretary
has the authority to withdraw and convey to the appropriate
regional corporation fee title to existing cemetery sites and
historical places.
(2) Pursuant to section 14(h)(7) of ANCSA, lands located
within a National Forest may be conveyed for the purposes set
forth in section 14(h)(1) of ANCSA.
(3) Chugach Alaska Corporation, the Alaska Native Regional
Corporation for the Chugach Region, applied to the Secretary
for the conveyance of cemetery sites and historical places
pursuant to section 14(h)(1) of ANCSA in accordance with the
regulations promulgated by the Secretary.
(4) Pursuant to such regulations, Village Corporation
selections were given priority over Regional Corporation
selections for the same lands.
(5) Chugach Alaska Corporation's section 14(h)(1)
applications for lands that were selected by and conveyed to
Village Corporations in the Chugach Region were either
withdrawn by Chugach Alaska Corporation or denied by the
Secretary.
(6) As part of the Exxon Valdez Oil Spill Restoration
Program, the Federal Government has acquired and is in the
process of acquiring lands from Village Corporations in the
Chugach Region that Chugach Alaska Corporation applied for
pursuant to section 14(h)(1) of ANCSA and lands from other
private parties in the Chugach Region that contain cemetery
sites and historical places.
(7) The fulfillment of the intent, purpose, and promise of
ANCSA requires that lands Chugach Alaska Corporation selected
or would have selected under section 14(h)(1) of ANCSA and that
were subsequently acquired by the Federal Government should be
made available for conveyance to Chugach Alaska Corporation as
cemetery sites and historical places pursuant to section
14(h)(1) of ANCSA, subject only to a determination that such
lands meet the eligibility criteria for historical places or
cemetery sites, as appropriate, set forth in the Secretary's
regulations.
SEC. 203. WITHDRAWAL OF LANDS.
Notwithstanding any other provision of law, the Secretary shall
withdraw from all forms of appropriation--
(1) all public lands for which Chugach Alaska Corporation
filed an application for conveyance pursuant to section
14(h)(1) of ANCSA as a cemetery site or an historical place,
and such application was denied because the land was selected
by and conveyed to a Village Corporation; and
(2) all lands that the Federal Government acquired or
hereafter acquires from Village Corporations or other private
parties in the Chugach Region in connection with the Exxon
Valdez Oil Spill Restoration Program.
SEC. 204. APPLICATION FOR CONVEYANCE OF WITHDRAWN LANDS.
Chugach Alaska Corporation shall apply to the Secretary for the
conveyance of lands as cemetery sites or historical places under
section 14(h)(1) of ANCSA as follows:
(1) With respect to lands withdrawn pursuant to subsection
203(1) of this title, by filing with the Secretary a request
for reinstatement of its original application, together with
any amendments authorized under section 205 of this title.
(2) With respect to lands withdrawn pursuant to subsection
203(2) of this title, for which Chugach Alaska Corporation has
not filed an application under section 14(h)(1) of ANCSA with
the Secretary, by filing with the Secretary an application in
accordance with the regulations promulgated by the Secretary as
of the date of enactment of this title.
The Secretary shall accept all such requests filed within the periods
set forth in section 207 of this title.
SEC. 205. AMENDMENTS.
Chugach Alaska Corporation may amend original applications filed
with the Secretary for the conveyance of lands pursuant to section
14(h)(1) of ANCSA--
(1) to include lands withdrawn pursuant to section 203 of
this title which are adjacent to lands Chugach Alaska
Corporation selected in its original application and that
Chugach Alaska Corporation deems culturally important and
potentially eligible as a cemetery site or historical place;
and
(2) to cure technical defects.
SEC. 206. PROCEDURE FOR EVALUATING AND CONVEYING SELECTED LANDS.
The lands selected by Chugach Alaska Corporation pursuant to
sections 204 and 205 of this title shall be evaluated for their
eligibility as cemetery sites and historical places, as appropriate,
and conveyed to Chugach Alaska Corporation, in accordance with the
criteria and procedures set forth in the regulations promulgated by the
Secretary as of the date of the enactment of this title. To the extent
that such criteria and procedures conflict with any provision of this
title, the provisions of this title shall control.
SEC. 207. REINSTATEMENT PERIOD.
Notwithstanding any other provision of law, Chugach Alaska
Corporation shall have--
(1) 1 year from the date of enactment of this title to file
a request for reinstatement under subsection 204(1) of this
title, together with any amendments authorized under section
205 of this title; and
(2) 4 years from the date of recording the conveyance
document for any Federal acquisition of lands to file an
application under subsection 204(2) of this title.
SEC. 208. APPLICABILITY.
This title shall apply to all Federal acquisitions of the lands
described in section 203 of this title, whether occurring prior to or
after the date of enactment of this title.
TITLE III--FOREST SYSTEM LAND MANAGEMENT
SEC. 301. DEFINITION.
For the purposes of this title, the term ``Alaska Native
Corporation'' means a ``Native Corporation'' as that term is defined in
section 3(m) of ANCSA, as amended (43 U.S.C. 1601 et seq.).
SEC. 302. FINDINGS.
The Congress finds that--
(1) pursuant to ANCSA and ANILCA, Alaska Native
Corporations own hundreds of thousands of acres of land
intermingled with, adjacent to, or dependent for access upon
National Forest System lands in Alaska;
(2) the United States Forest Service, in a letter dated
June 30, 1998, to Chugach Alaska Corporation, the Alaska Native
Regional Corporation for the Chugach Region established under
ANCSA, disclaimed any legal obligation to coordinate the
revision of the Chugach National Forest land and resource
management plan with the plans of Alaska Native Corporations
for the utilization of their lands and resources;
(3) the uncoordinated development, maintenance, or revision
of land and resource management plans for units of the National
Forest System in Alaska adversely affects the use, development,
and value of the lands and resources conveyed to Alaska Native
Corporations under ANCSA and ANILCA; and
(4) the proper management of National Forest System lands
in Alaska and the fulfillment of the intent, purpose, and
promise of ANCSA require coordination in the development,
maintenance, and revision of land and resource management plans
for units of the National Forest System in Alaska with the
plans of Alaska Native Corporations for the utilization of
their lands which are intermingled with, adjacent to, or
dependent upon for access National Forest System lands.
SEC. 303. COORDINATION REQUIRED.
Notwithstanding any other provision of law, the Secretary of
Agriculture shall coordinate the development, maintenance, and revision
of land and resource management plans for units of the National Forest
System in Alaska with the plans of Alaska Native Corporations for the
utilization of their lands which are intermingled with, adjacent to, or
dependent for access upon National Forest System lands. At a minimum,
such coordination shall involve--
(1) notifying Alaska Native Corporations in advance of the
development, maintenance, or revision of a land and resource
management plan for a unit of the National Forest System in
Alaska;
(2) meeting with Alaska Native Corporations at the
beginning of the plan preparation, maintenance, or revision
process to develop procedures for coordination;
(3) reviewing the plans of Alaska Native Corporations for
the utilization of their lands and resources;
(4) assessing the impacts of Alaska Native Corporation land
use plans on National Forest land and resource management
planning, and determining how to address those impacts; and
(5) identifying conflicts between National Forest land and
resource management plans and the land use plans of Alaska
Native Corporations, and considering alternatives for resolving
those conflicts.
SEC. 304. APPLICABILITY.
This title shall apply to all land and resource management plans
for units of the National Forest System in Alaska--
(1) in the process of being developed or revised on the
date of enactment of this title; and
(2) developed, maintained, or revised after the date of
enactment of this title.
<all>