[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3608 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3608
To provide for the conveyance of certain property in the State of
Alaska, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2001
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Resources, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the conveyance of certain property in the State of
Alaska, 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. CONVEYANCE OF PROPERTY IN UMNAK ISLAND, ALASKA.
(a) Authority To Convey.--Subject to the conditions set forth in
subsections (b) and (c)(3), the Secretary of the Interior shall convey
to the Chaluka Corporation, the Alaska Native Claims Settlement Act
village corporation for the Native Village of Nikolski, Umnak Island,
Alaska--
(1) Phase I lands, not later than September 30, 2002; and
(2) Phase II lands, upon completion of environmental
restoration by the Department of the Air Force following
written notification described in subsection (c)(1).
(b) Treatment as ANCSA Lands.--
(1) In general.--Any lands conveyed under subsection (a)
shall be deemed, at the time of conveyance, to be selected
under section 12(a) or (b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611(a) or (b)).
(2) Reprioritization of land selections.--The Chaluka
Corporation shall reprioritize its remaining selections under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) upon the conveyance of both Phase I and Phase II lands
under this section.
(c) Environmental Restoration.--
(1) Air force notification.--The Secretary of the Air Force
shall send written notification to the Secretary of the
Interior as soon as environmental restoration of Phase II lands
is complete.
(2) Authorization for cleanup of power house land.--There
are authorized to be appropriated to the Secretary of the Air
Force such sums as are necessary to perform environmental
restoration of the contaminated land beneath and adjacent to
the power house owned by the Native Village of Nikolski,
Alaska.
(3) Federal government access.--The Chaluka Corporation
shall permit, without cost of the United States, reasonable
airfield landing and takeoff rights, and such rights of entry
as are necessary, to the United States Government, its agents,
and its employees for site investigation, environmental
restoration, and environmental monitoring of the former
Nikolski Radio Relay Site.
(d) Cemetery Lands.--There are authorized to be appropriated to the
Secretary of the Interior, to provide to the Chaluka Corporation, such
sums as are necessary to--
(1) move the graves from the cemetery now located beneath
the Nikolski airstrip and the land adjacent to the airstrip;
(2) relocate the graves to a location on Umnak Island
acceptable to the Chaluka Corporation and the Russian Orthodox
Church; and
(3) restore the airstrip to its original usable condition.
(e) Removal of Lands From Refuge.--
(1) In general.--Effective on the date of conveyance under
this section to the Chaluka Corporation of Phase I lands and
Phase II lands, respectively, such lands--
(A) are removed from the National Wildlife Refuge
System;
(B) shall not be considered to be part of the
Alaska Maritime National Wildlife Refuge; and
(C) shall not be subject to any laws pertaining to
lands within the boundaries of the Alaska Maritime
National Wildlife Refuge, including the conveyance
restrictions imposed by section 22(g) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1621(g)), for
land in the National Wildlife Refuge System.
(2) Adjustment of boundaries.--The Secretary of the
Interior shall adjust the boundaries of the Alaska Maritime
National Wildlife Refuge in accordance with paragraph (1).
(f) Survey Requirements.--
(1) BLM surveys.--The Bureau of Land Management is not
required to conduct additional on-the-ground surveys as a
result of conveyances under this section, except that the
patent to the Chaluka Corporation may be based on protracted
section lines and lotting where the reprioritization under
subsection (b)(2) results in a change to the Chaluka
Corporation's final boundaries.
(2) Monumentation.--No additional monumentation is required
to complete the Chaluka Corporation's final entitlement.
(3) Survey of chaluka corporation lands.--Nothing in this
section relieves the Bureau of Land Management of its
obligation to survey lands conveyed to the Chaluka Corporation
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.). Any unsurveyed boundaries of the lands conveyed to
the Chaluka Corporation under this section shall be surveyed
and monumented by the Bureau of Land Management at the time it
performs its survey of the Corporation's final boundaries under
that Act.
(g) Definitions.--In this section:
(1) Former nikolski radio relay site.--The term ``former
Nikolski Radio Relay Site'' means Tracts A, B, and C of Public
Land Order 2374.
(2) Phase i lands.--The term ``Phase I lands'' means the
surface estate in Tract B of Public Land Order 2374, except--
(A) the power house area that requires
environmental restoration, the boundaries for which are
described generally as commencing at the point where
the southern boundary of such Tract B intersects with
the road accessing the Nikolski airstrip, then
meandering in a northeasterly direction along the
easterly boundary of that road until the road
intersects with the Nikolski airport fence, then
proceeding southeasterly along the airport fence to the
point where the fence turns due east, then due south to
the southern boundary of such Tract B, and then due
west along that southern boundary to the commencement
point;
(B) the contaminated area within Tract B of Public
Land Order 2374 located in the vicinity of the point
where the hazardous materials site fence intersects the
northern boundary of such Tract B;
(C) those portions of United States Survey 3890
that are within the boundaries of Tract B of Public
Land Order 2374;
(D) those portions of Tract B of United States
Survey 4904 that are within the boundaries of Tract B
of Public Land Order 2374; and
(E) Tract B of United States Survey 808.
(3) Phase ii lands.--The term ``Phase II lands'' means the
surface estate in--
(A) Tracts A and C of Public Land Order 2374; and
(B) the areas referred to in paragraphs (2)(A) and
(B).
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