[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2016 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2016

  To authorize the exchange of lands between an Alaska Native Village 
Corporation and the Department of the Interior, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2002

 Mr. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the exchange of lands between an Alaska Native Village 
Corporation and the Department of the Interior, 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. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``Identified lands'' means approximately 5,580 acres of 
        lands (including surface and subsurface) designated as ``FWS 
        West'' upon a map entitled ``Proposed Newtok Exchange,'' dated 
        March 17, 2000, and available for inspection in the Anchorage 
        office of the United States Fish and Wildlife Service;
            (2) ``Newtok'' means Newtok Native Corporation, an Alaska 
        Native Corporation established pursuant to the Alaska Native 
        Claims Settlement Act (ANCSA) of 1971 (85 Stat. 688), as 
        amended;
            (3) ``Newtok lands'' means approximately 11,105 acres of 
        lands (including conveyed lands and land selections) identified 
        as ``Aknerkochik'' on the map referred to in paragraph (1);
            (4) ``limited general warranty deed'' means a general 
        warranty deed which is, with respect to its warranties, limited 
        to that portion of the chain of title from the moment of 
        conveyance from the United States to Newtok to and including 
        the moment at which such title is validly reconveyed to the 
        United States of America and its assigns; and
            (5) ``Secretary'' means the Secretary of the Interior.

SEC. 2. LANDS TO BE EXCHANGED.

    (a) Lands Exchanged to the United States.--(1) If, after a final 
value is assigned to the Identified lands and to the Newtok lands, 
Newtok expresses to the Secretary in writing an intent to enter into a 
land exchange with the United States, the Secretary shall accept from 
Newtok a conveyance by limited general warranty deed of those tracts of 
the Newtok lands necessary to equalize the value of the Identified 
lands.
    (2) A value shall be a final value for purposes of paragraph (1) 
if--
            (A) the Secretary has assigned a value to tracts within the 
        Identified lands and the Newtok lands in accordance with 
        section 3 and if all rights to appeal the determination, or to 
        request a review, rehearing, or redetermination of the matter 
        that is the subject of the determination, have been exhausted, 
        have lapsed or have been expressly waived by Newtok; or
            (B) the value is determined by binding arbitration under 
        section 3.
    (3) The Newtok lands shall be included in the Yukon Delta National 
Wildlife Refuge as of the date of the acceptance of the conveyance of 
those lands from Newtok, except that residents of the Village of 
Newtok, Alaska shall retain access rights guaranteed under the Alaska 
National Interest Lands Conservation Act (ANILCA) section 811 (16 
U.S.C. 3121) for subsistence fishing, hunting and gathering as defined 
in ANILCA section 803 (16 U.S.C. 3113).
    (b) Lands Exchanged to Newtok.--In exchange for the Newtok lands 
conveyed under subsection (a)(1), the Secretary shall, subject to valid 
existing rights and notwithstanding any other provision of law, convey 
to Newtok surface and subsurface rights to the Identified lands. Such 
conveyance shall be by quitclaim deed, based upon a metes and bounds 
description of the land to be conveyed. Identified lands shall not be 
subject to section 22(g) of ANCSA.

SEC. 3. APPRAISALS.

    (a) Not later than 60 days after the date of the enactment of this 
Act, the Secretary and Newtok shall meet to determine the identity of a 
qualified appraiser who shall perform an appraisal of the Newtok lands 
and the Identified lands. Such appraiser shall be selected by the 
mutual agreement of the Secretary and Newtok, or if such agreement is 
not reached within 60 days after such initial meeting, then the 
Secretary and Newtok, no later than 90 days after such initial meeting, 
shall each designate an appraiser who is qualified to perform the 
appraisal. The two appraisers so identified shall select a third 
qualified appraiser who shall perform the appraisal. Within 120 days 
after the selection of the third appraiser, a written appraisal report 
setting out the values of the Newtok lands and the Identified lands, 
and the methodology used to arrive at the values, shall be delivered to 
the Secretary and to Newtok.
    (b) Appraisals under this subsection shall be performed in 
conformity with the Uniform Appraisal Standards for Federal Land 
Acquisitions. Any special instruction regarding the performance of the 
appraisals shall be issued only upon the mutual agreement of Newtok and 
the Secretary.
    (c) Within 60 days after the receipt of the appraisal report 
described in paragraph (1), the Secretary shall determine the value of 
the Newtok lands and the Identified lands shall immediately notify 
Newtok of such determination. If Newtok does not agree with the value 
as determined by the Secretary, the Secretary and Newtok shall submit 
the matter to binding arbitration.

SEC. 4. CONVEYANCE.

    (a) Conveyance by Newtok.--Newtok shall have one hundred and eighty 
(180) days after the date the values are final under section 2(a)(2) to 
notify the Secretary of its intent to enter into the exchange and 
convey to the Secretary the appropriate tracts within the Newtok Lands. 
The Secretary may extend such time for good cause.
    (b) Conveyance by the Secretary.--The Secretary shall convey to 
Newtok the Identified lands pursuant to section 2(b) within one hundred 
and eighty (180)

days after the approval of the Newtok conveyance pursuant to subsection 
(a).

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