[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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