[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1702 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1702

 To amend the Alaska Native Claims Settlement Act to allow shareholder 
 common stock to be transferred to adopted Alaska Native children and 
               their descendants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 1999

 Mr. Murkowski 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 to allow shareholder 
 common stock to be transferred to adopted Alaska Native children and 
               their descendants, 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. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Alaska Native 
Claims Technical Amendments Act of 1999''.
    (b) Reference.--Whenever in this Act a section or other provision 
is amended or repealed, such amendment or repeal shall be considered to 
be made to that section or other provision of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601, et seq.).

SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.

    Section 7(h)(1)(C)(iii) of the Act (43 U.S.C. 1606(h)(1)(C)(iii)) 
is amended by inserting before the period at the end the following: ``, 
notwithstanding an adoption, relinquishment, or termination of parental 
rights that may have altered or severed the legal relationship between 
the gift donor and recipient''.

SEC. 3. RELATION TO CIVIL RIGHTS ACT OF 1964.

    Section 29(g) of the Act (43 U.S.C. 1626(g)) is amended--
            (1) by inserting ``(1)'' after ``(g)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Any corporation, partnership, joint venture, sole 
proprietorship, trust, or affiliate with which a Native Corporation or 
its affiliate engages in one or more commercial transactions that 
exceed a total of $20,000 in a calendar year shall, when in the course 
and scope of such commercial transaction, be within the class of 
entities excluded from the definition of `employer' by section 
701(b)(1) of Public Law 88-352 (78 Stat. 253).''.

SEC. 4. DEFINITION OF SETTLEMENT TRUST.

    Section 3(t)(2) of the Act (43 U.S.C. 1602(t)(2)) is amended by 
striking ``sole'' and all that follows through ``Stock'' and inserting 
``benefit of shareholders, Natives, and descendants of Natives,''.

SEC. 5. ALASKA NATIVE VETERANS.

    Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1629g) is amended as follows:
            (1) In subsection (a)(1), insert ``amended'' after 
        ``promulgation of''.
            (2) In subsection (a)(1), strike ``subsection (b)'' and 
        insert ``subsection (b)(1) or (b)(2)'';
            (3) In subsection (a)(1), insert ``and may submit an 
        application for an allotment to the Secretary in accordance 
        with the provisions of this section'' after ``December 18, 
        1971''.
            (4) Strike subsection (a)(2) and insert the following:
            ``(2) Allotments may be selected only from--
                    ``(A) lands that were vacant, unappropriated, and 
                unreserved on the date when the person eligible for the 
                allotment first used and occupied those lands;
                    ``(B) lands in the National Petroleum Reserve-
                Alaska which the person eligible for the allotment used 
                and occupied;
                    ``(C) lands that were not vacant, unappropriated, 
                and unreserved on the date when the person eligible for 
                the allotment first used and occupied those lands, but 
                which, prior to December 18, 1971, became vacant, 
                unappropriated, and unreserved during the time that the 
                person eligible for the allotment used and occupied 
                those lands; or
                    ``(D) lands that were not vacant, unappropriated, 
                and unreserved on the date when the person eligible for 
                the allotment first used and occupied those lands, but 
                which became vacant, unappropriated, and unreserved 
                after December 18, 1971, and remain vacant, 
                unappropriated, and unreserved.''.
            (5) In subsection (a)(3)(B), insert ``, and not 
        relinquished'' after ``provision of law''.
            (6) In subsection (a)(3)(C), strike ``Village or Regional'' 
        and insert ``Regional, Village, Urban, or Group''.
            (7) In subsection (a)(3)(C), insert ``, and not 
        relinquished'' after ``Corporation''.
            (8) In subsection (a)(3)(E), insert ``Federal'' after 
        ``acquired''.
            (9) In subsection (a)(3)(I), strike ``, including but not 
        limited to the following'' and all that follows through 
        ``Cemetery sites''.
            (10) In subsection (a)(4), insert ``described in subsection 
        (b)(1) or (b)(2)'' after ``A person''.
            (11) In subsection (a)(4)(B), strike ``(C)'' after 
        ``section 11(a)(1)''.
            (12) In subsection (a)(4)(B), strike ``Park; and'' and 
        insert ``Park; or''.
            (13) In subsection (a)(4)(C), insert ``, or lands withdrawn 
        solely under section 17(d)(1) of this Act'' after ``lands''.
            (14) In subsection (b)(1), strike ``A person'' and insert 
        ``Except as provided in paragraph (3), a person''.
            (15) In subsection (b)(1)(B), strike ``January 1, 1969 and 
        December 31, 1971'' and all that follows through ``December 3, 
        1971'', and insert ``August 5, 1964, and May 7, 1975, and 
        served on active duty for at least 6 months''.
            (16) In subsection (b)(2), insert ``(as defined pursuant to 
        State law)'' after ``personal representative''.
            (17) In subsection (b)(2), strike ``who was'' and insert 
        ``which decedent would have been''.
            (18) In subsection (b)(2), strike ``subsection (b)(1)'' and 
        insert ``paragraph (1),''.
            (19) In subsection (b)(2), strike ``if, during'' and all 
        that follows through ``prisoner of war.'' and insert ``under 
        this section.''.
            (20) In subsection (b)(3)--
                    (A) insert ``previously applied for the same 
                allotment,'' after ``No person who received an 
                allotment,'';
                    (B) insert ``application'' after ``pending 
                allotment'';
                    (C) strike ``receive'' and insert ``apply for''; 
                and
                    (D) insert before the period ``, other than a 
                person acting in the capacity of a personal 
                representative of an estate selecting an allotment 
                pursuant to paragraph (2)''.
            (21) In subsection (e)--
                    (A) strike ``of this section'' and insert ``of the 
                Alaska Native Claims Technical Amendments Act of 
                1999'';
                    (B) strike ``of the Interior'' after ``Secretary'';
                    (C) insert ``amended'' after ``Alaska Native 
                groups''; and
                    (D) insert ``as amended'' after ``rules to carry 
                out this section''.
            (22) Add at the end the following new subsection:
    ``(f) Approval of Allotments.--
            ``(1) In general.--Subject to valid existing rights, and 
        except as otherwise provided in this subsection, within 18 
        months after close of the application period, the Secretary 
        shall approve said application and issue a deed in accordance 
        with the Act of May 17, 1906, which shall be subject to the 
        same terms, conditions, and protections provided for such 
        deeds.
            ``(2) Notification.--Upon receipt of an allotment 
        application, but in any event, not later than 90 days after the 
        close of the application period, the Secretary shall notify the 
        State and all interested parties of the application and the 
        land description contained therein, and any such party shall 
        have 12 months following the close of the application period in 
        which to file with the Secretary a protest as provided in 
        paragraph (3).
            ``(3) Effect of protest.--Paragraph (1) shall not apply and 
        the Native allotment application shall be adjudicated pursuant 
        to the requirements of the Act of May 17, 1906 (Chapter 2469; 
        34 Stat. 197), this Act, and other applicable law, if, pursuant 
        to paragraph (2)--
                    ``(A) a Native Corporation files a protest with the 
                Secretary stating that the applicant is not entitled to 
                the land described in the allotment application, and 
                said land is withdrawn for selection by or has been 
                conveyed to the Native Corporation pursuant to this 
                Act;
                    ``(B) the State files a protest with the Secretary 
                stating that the land described in the allotment 
                application is necessary for access to lands owned by 
                the United States, the State of Alaska, or a political 
                subdivision of the State of Alaska, to resources 
                located thereon, or to a public body of water regularly 
                employed for transportation purposes, and the protest 
                states with specificity the facts upon which the 
                conclusions concerning access are based and that no 
                reasonable alternative for access exists;
                    ``(C) a person or entity files a protest with the 
                Secretary stating that the applicant is not entitled to 
                the land described in the allotment application and 
                that said land is the situs of improvements claimed by 
                the person or entity; or
                    ``(D) a person who resides in the vicinity of the 
                land described in the allotment application files a 
                protest with the Secretary stating that the land 
                described in the allotment application is land subject 
                to communal use.
            ``(4) Approval procedure.--Upon expiration of the 18 months 
        following the close of the application period pursuant to 
        subsection (a)(1), the Secretary shall--
                    ``(A) if no protest is timely filed, approve the 
                application pursuant to paragraph (1); or
                    ``(B) if a protest is timely filed, adjudicate the 
                legal sufficiency of any such protest, and--
                            ``(i) if the protest is legally 
                        insufficient, approve the application; or
                            ``(ii) if the protest is valid, issue a 
                        decision that closes the application and that 
                        is final for the Secretary.''.

SEC. 6. APPLICABILITY OF NATIONAL WILDLIFE REFUGE RESTRICTIONS.

    Section 22(g) of the Act is amended by striking ``Notwithstanding'' 
and all that follows through ``of such Refuge.''.

SEC. 7. ELIM NATIVE CORPORATION LAND RESTORATION.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following new section:

               ``elim native corporation land restoration

    ``Sec. 42. (a) Findings.--The Congress finds that--
            ``(1) approximately 350,000 acres of land were withdrawn by 
        Executive Orders in 1917 for the use of the United States 
        Bureau of Education and of the Natives of Indigenous Alaskan 
        race;
            ``(2) these lands comprised the Norton Bay Reservation 
        (later referred to as Norton Bay Native Reserve) and were set 
        aside for the benefit of the Native inhabitants of the Eskimo 
        Village of Elim, Alaska;
            ``(3) in 1929, an Executive Order deleted 50,000 acres of 
        land from the Norton Bay Reservation, without the informed 
        consent of the Native residents living on the Reservation, and 
        the people of Elim believe this deletion violated the Act of 
        March 3, 1927 (44 Stat. 1347);
            ``(4) there appears to have been only minimal consultation 
        conducted by the United States Government with the inhabitants 
        of Elim prior to this deletion of lands;
            ``(5) the lands were deleted from the Reservation for the 
        benefit of others;
            ``(6) the deleted lands were not offered to be restored to 
        the original Reservation when lands comprising the Reservation 
        were made available to the Native inhabitants of Elim under 
        section 19(b) of this Act at the time of passage of this Act;
            ``(7) the failure to replace these lands has been and 
        continues to be a source of deep concern to the indigenous 
        people of Elim;
            ``(8) until this matter is dealt with equitably, it will 
        continue to be a source of great frustration and sense of loss 
        among the shareholders of the Elim Native Corporation and their 
        descendants; and
            ``(9) in light of the above, to replace the lands deleted 
        in 1929 from the Norton Bay Reservation, which was established 
        for the benefit of the inhabitants of the Village of Elim, 
        50,000 acres of land should be conveyed to the Elim Native 
        Corporation.
    ``(b) Withdrawal and Availability for Selection.--The lands 
described in subsection (c) are withdrawn, subject to valid existing 
rights, from all forms of appropriation or disposition under the public 
land laws, including the mining and mineral leasing laws, for a period 
of 2 years from the date of enactment of this section, for selection by 
the Elim Native Corporation.
    ``(c) Lands Described.--The lands described in this section are 
within the boundary of a parcel of land in the vicinity of Elim, 
Alaska, more particularly depicted and designated `Temporary Withdrawal 
Area' on the map dated August 1, 1999, and entitled Land Withdrawal 
Elim Native Corporation Land Restoration.
    ``(d) Authorization To Select and Receive Title to Lands; 
Reservation of Easement.--The Elim Native Corporation is authorized to 
select and receive title to 50,000 acres of lands within the boundary 
of the lands described in subsection (c) to replace the lands deleted 
from the original Norton Bay Reservation. The Secretary is authorized 
and directed to receive and adjudicate a selection application filed by 
the Elim Native Corporation, and to convey the surface and subsurface 
estate in the selected lands to the Elim Native Corporation subject to 
the following rules, conditions, and limitations:
            ``(1) The Elim Native Corporation shall have 2 years from 
        the date of the enactment of the Alaska Native Claims Technical 
        Amendments Act of 1999 in which to file its selection of no 
        more than 60,000 acres of land from the area described in 
        subsection (c). The selection application shall be filed with 
        the Bureau of Land Management, shall describe a single tract 
        adjacent to U.S. Survey No. 2548, Alaska, and shall be 
        reasonably compact, contiguous, and in whole sections except 
        when separated by unavailable land or when the remaining 
        entitlement is less than a whole section. The Elim Native 
        Corporation shall prioritize its selections made pursuant to 
        this section at the time such selections are filed, and such 
        prioritization shall be irrevocable. Any lands selected shall 
        remain withdrawn until conveyed or full entitlement has been 
        achieved.
            ``(2) The selection filed by the Elim Native Corporation 
        pursuant to this section shall be subject to valid existing 
        rights and may not supersede prior selections of the State of 
        Alaska, any Native corporation, or valid entries of any private 
        individual unless such selection or entry is relinquished prior 
        to any selection by the Elim Native Corporation. Any lands held 
        within the exterior boundaries of lands conveyed to the Elim 
        Native Corporation shall have all rights of ingress and egress 
        to be vested in the inholder and the inholder's agents, 
        employees, co-venturers, licensees, or subsequent grantees, and 
        such easements shall be reserved in the conveyance to the Elim 
        Native Corporation.
            ``(3) The Bureau of Land Management shall reserve easements 
        to the United States for the benefit of the public pursuant to 
        section 17(b) of this Act in the conveyance to the Elim Native 
        Corporation.
            ``(4) The Bureau of Land Management may reserve an easement 
        for the Iditarod National Historic Trail in the conveyance to 
        the Elim Native Corporation.
    ``(e) Finality of Selections.--Selection by the Elim Native 
Corporation of lands under subsection (d) and final conveyance of those 
lands to Elim Native Corporation shall constitute full satisfaction of 
any claim of entitlement of the Elim Native Corporation--
            ``(1) with respect to its land entitlements under section 
        19(b); and
            ``(2) with respect to the extinguishment of the Norton Bay 
        Reservation (as withdrawn by Executive Order No. 2508, dated 
        January 3, 1917, as amended by Executive Order No. 2525, dated 
        February 6, 1917).''.

SEC. 8. CLARIFICATION OF LIABILITY FOR CONTAMINATION.

    The Act is further amended by adding after the section added by 
section 7 of this Act, the following new section:

             ``clarification of liability for contamination

    ``Sec. 43. Notwithstanding section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, or any 
other provision of law, no person acquiring any interest in land under 
this Act shall be liable for the costs of removal or remedial action, 
any damages, or any third party liability arising out of or as a result 
of any contamination on that land at the time that such land was 
acquired under this Act unless such person was directly responsible for 
such contamination.''.
                                 <all>