[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            AMENDING THE ALASKA NATIVE CLAIMS SETTLEMENT ACT

  Mr. MILLER of California. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 3612) to amend the Alaska Native Claims 
Settlement Act, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3612

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK 
                   NATIVE ASSOCIATIONS CONVEYANCES.

       The conveyance of approximately 11,520 acres to Montana 
     Creek Native Association, Inc., and the conveyance of 
     approximately 11,520 acres to Caswell Native Association, 
     Inc., by Cook Inlet Region, Inc. in fulfillment of the 
     agreement of February 3, 1976, and subsequent letter 
     agreement of March 26, 1982, among the three parties are 
     hereby adopted and ratified as a matter of Federal law. These 
     conveyances shall be deemed to be conveyances pursuant to 
     section 14(h)(2) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(2)). The group corporations for Montana 
     Creek and Caswell are hereby declared to have received their 
     full entitlement and shall not be entitled to the receipt of 
     any additional lands under the Alaska Native Claims 
     Settlement Act. The ratification of these conveyances shall 
     not have any other effect upon section 14(h) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1613(h)) or upon the 
     duties and obligations of the United States to any Alaska 
     Native Corporation. This ratification shall not be the basis 
     for any claim to land or money by Caswell or Montana Creek 
     group corporations or any other Alaska Native Corporation 
     against the State of Alaska, the United States, or Cook Inlet 
     Region, Incorporated.

     SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALASKA REGIONAL 
                   CORPORATION.

       Section 22(c) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1621(c)) is amended by adding at the end the 
     following:
       ``(3) This section shall apply to lands conveyed by interim 
     conveyance or patent to a regional corporation pursuant to 
     this Act which are made subject to a mining claim or claims 
     located under the general mining laws, including lands 
     conveyed prior to enactment of this paragraph. Effective upon 
     the date of the enactment of this paragraph, the Secretary, 
     acting through the Bureau of Land Management and in a manner 
     consistent with section 14(g) of this Act, shall transfer to 
     the regional corporation administration of all mining claims 
     determined to be entirely within lands conveyed to that 
     corporation. Any person holding such mining claim or claims 
     shall meet such requirements of the general mining laws and 
     section 314 of the Federal Land Management and Policy Act of 
     1976 (43 U.S.C. 1744), except that any filings which would 
     have been made with the Bureau of Land Management if the 
     lands were within Federal ownership shall be timely made to 
     the appropriate regional corporation. The validity of any 
     such mining claim or claims may be contested by the regional 
     corporation, in the place of the United States. All contest 
     proceedings and appeals by the mining claimants of adverse 
     decisions made by the regional corporation shall be brought 
     in Federal District Court for the District of Alaska. Neither 
     the United States nor any Federal agency or official shall be 
     named or joined as a party in such proceedings or appeals. 
     All revenues from such mining claims received after passage 
     of this paragraph shall be remitted to the regional 
     corporation subject to distribution pursuant to section 7(i) 
     of this Act, except that in the event that the mining claim 
     or claims are not totally within the lands conveyed to the 
     regional corporation, the regional corporation shall be 
     entitled only to that proportion of revenues, other than 
     administrative fees, reasonably allocated to the portion of 
     the mining claim or claims so conveyed.''.

     SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE 
                   CONTAMINATION OF TRANSFERRED LANDS.

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


        ``claims arising from contamination of transferred lands

       ``Sec. 40. (a) As used in this section:
       ``(1) The term `contaminant' means hazardous substances 
     harmful to public health or the environment, including 
     asbestos.
       ``(2) The term `lands' means real property transferred to 
     an Alaska Native Corporation pursuant to this Act.
       ``(b) Within 18 months of enactment of this section, and 
     after consultation with the Secretary of Agriculture, State 
     of Alaska, and appropriate Alaska Native corporations and 
     organizations, the Secretary shall submit to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate, a 
     report addressing issues presented by the presence of 
     hazardous substances on lands conveyed or prioritized for 
     conveyance to such corporations pursuant to this Act. Such 
     report shall consist of--
       ``(1) existing information concerning the nature and types 
     of contaminants present on such lands prior to conveyance to 
     Alaska Native corporations;
       ``(2) existing information identifying the existence and 
     availability of potentially responsible parties for the 
     removal or amelioration of the effects of such contaminants;
       ``(3) identification of existing remedies; and
       ``(4) recommendations for any additional legislation that 
     the Secretary concludes is necessary to remedy the problem of 
     contaminants on such lands.''.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF 
                   IMPLEMENTING REQUIRED RECONVEYANCES.

       Section 14(c) of Alaska Native Claims Settlement Act (43 
     U.S.C. 1613(c)) is amended by adding at the end the 
     following:
       ``There is authorized to be appropriated such sums as may 
     be necessary for the purpose of providing technical 
     assistance to Village Corporations established pursuant to 
     this Act in order that they may fulfill the reconveyance 
     requirements of section 14(c) of this Act. The Secretary may 
     make funds available as grants to ANCSA or nonprofit 
     corporations that maintain in-house land planning and 
     management capabilities.''.

     SEC. 5. NATIVE ALLOTMENTS.

       Section 1431(o) of the Alaska National Interest Lands 
     Conservation Act (94 Stat. 2542) is amended by adding at the 
     end the following:
       ``(5) Following the exercise by Arctic Slope Regional 
     Corporation of its option under paragraph (1) to acquire the 
     subsurface estate beneath lands within the National Petroleum 
     Reserve--Alaska selected by Kuukpik Corporation, where such 
     subsurface estate entirely surrounds lands subject to a 
     Native allotment application approved under section 905 of 
     this Act, and the oil and gas in such lands have been 
     reserved to the United States, Arctic Slope Regional 
     Corporation, at its further option, shall be entitled to 
     receive a conveyance of the reserved oil and gas, including 
     all rights and privileges therein reserved to the United 
     States, in such lands. Upon the receipt of a conveyance of 
     such oil and gas interests, the entitlement of Arctic Slope 
     Regional Corporation to in-lieu subsurface lands under 
     section 12(a)(1) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1611(a)(1)) shall be reduced by the amount of 
     acreage determined by the Secretary to be conveyed to Arctic 
     Slope Regional Corporation pursuant to this paragraph.''.

     SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE 
                   ALASKAN VETERANS FOR ALLOTMENTS.

       (a) In General.--No later than six months after the date of 
     enactment of this Act, the Secretary of the Interior, in 
     consultation with the Secretary of Agriculture, the State of 
     Alaska and appropriate Native corporations and organizations, 
     shall submit to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate, a report which shall 
     include, but not be limited to, the following:
       (1) The number of Vietnam era veterans, as defined in 
     section 101 of title 38, United States Code, who were 
     eligible for but did not apply for an allotment of not to 
     exceed 160 acres under the Act of May 17, 1906 (Chapter 
     2469; 34 Stat. 197), as such Act was in effect before 
     December 18, 1971;
       (2) an assessment of the potential impacts of additional 
     allotments on conservation system units as such term is 
     defined in section 102(4) of the Alaska National Interest 
     Lands Conservation Act (94 Stat. 2375); and
       (3) recommendations for any additional legislation that the 
     Secretary concludes is necessary.
       (b) Requirement.--The Secretary of Veterans Affairs shall 
     release to the Secretary of the Interior information relevant 
     to the report required under subsection (a).

     SEC. 7. TRANSFER OF WRANGELL INSTITUTE.

       (a) Property Transfer.--Cook Inlet Region, Incorporated, is 
     authorized to transfer to the United States and the General 
     Services Administration shall accept an approximately 10-acre 
     site of the Wrangell Institute in Wrangell, Alaska, and the 
     structures contained thereon.
       (b) Restoration of Property Credits.--
       (1) In general.--In exchange for the land and structures 
     transferred under subsection (a), property bidding credits in 
     the total amount of $382,305, shall be restored to the Cook 
     Inlet Region, Incorporated, property account in the Treasury 
     established under section 12(b) of the Act of January 2, 1976 
     (Public Law 94-204; 43 U.S.C. 1611 note), referred to in such 
     section as the ``Cook Inlet Region, Incorporated, property 
     account''. Such property bidding credits shall be used in the 
     same fiscal year as received by Cook Inlet Region, 
     Incorporated.
       (2) Hold harmless.--The United States shall defend and hold 
     harmless Cook Inlet Region, Incorporated, and its 
     subsidiaries in any and all claims arising from Federal or 
     Cook Inlet Region, Incorporated, ownership of the land and 
     structures prior to their return to the United States.

     SEC. 8. SHISHMAREF AIRPORT AMENDMENT.

       The Shishmaref Airport, conveyed to the State of Alaska on 
     January 5, 1967, in Patent No. 1240529, is subject to 
     reversion to the United States, pursuant to the terms of that 
     patent for nonuse as an airport. The Secretary is authorized 
     to reacquire the interests originally conveyed pursuant to 
     Patent No. 1240529, and, notwithstanding any other provision 
     of law, the Secretary shall immediately thereafter transfer 
     all right, title, and interest of the United States in the 
     subject lands to the Shismaref Native Corporation. Nothing in 
     this section shall relieve the State, the United States, or 
     any other potentially responsible party of liability, if any, 
     under existing law for the clean up of hazardous or solid 
     wastes on the property, nor shall the United States or 
     Shismaref Native Corporation become liable for the clean up 
     of the property solely by virtue of acquiring title from the 
     State or from the United States.

     SEC. 9. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET 
                   REGION.

       (a) In General.--Section 7(h) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1606(h)) is amended by adding at 
     the end the following new paragraph:
       ``(4)(A) As used in this paragraph, the term `Cook Inlet 
     Regional Corporation' means Cook Inlet Region, Incorporated.
       ``(B) The Cook Inlet Regional Corporation may, by an 
     amendment to its articles of incorporation made in accordance 
     with the voting standards under section 36(d)(1), purchase 
     Settlement Common Stock of the Cook Inlet Regional 
     Corporation and all rights associated with the stock from the 
     shareholders of Cook Inlet Regional Corporation in accordance 
     with any provisions included in the amendment that relate to 
     the terms, procedures, number of offers to purchase, and 
     timing of offers to purchase.
       ``(C) Subject to subparagraph (D), and notwithstanding 
     paragraph (1)(B), the shareholders of Cook Inlet Regional 
     Corporation may, in accordance with an amendment made 
     pursuant to subparagraph (B), sell the Settlement Common 
     Stock of the Cook Inlet Regional Corporation to itself.
       ``(D) No sale or purchase may be made pursuant to this 
     paragraph without the prior approval of the board of 
     directors of Cook Inlet Regional Corporation. Except as 
     provided in subparagraph (E), each sale and purchase made 
     under this paragraph shall be made pursuant to an offer made 
     on the same terms to all holders of Settlement Common Stock 
     of the Cook Inlet Regional Corporation.
       ``(E) To recognize the different rights that accrue to any 
     class or series of shares of Settlement Common Stock owned by 
     stockholders who are not residents of a Native village 
     (referred to in this paragraph as `non-village shares'), an 
     amendment made pursuant to subparagraph (B) shall authorize 
     the board of directors (at the option of the board) to offer 
     to purchase--
       ``(i) the non-village shares, including the right to share 
     in distributions made to shareholders pursuant to subsections 
     (j) and (m) (referred to in this paragraph as `nonresident 
     distribution rights'), at a price that includes a premium, in 
     addition to the amount that is offered for the purchase of 
     other village shares of Settlement Common Stock of the Cook 
     Inlet Regional Corporation, that reflects the value of the 
     nonresident distribution rights; or
       ``(ii) non-village shares without the nonresident 
     distribution rights associated with the shares.
       ``(F) Any shareholder who accepts an offer made by the 
     board of directors pursuant to subparagraph (E)(ii) shall 
     receive, with respect to each non-village share sold by the 
     shareholder to the Cook Inlet Regional Corporation--
       ``(i) the consideration for a share of Settlement Common 
     Stock offered to shareholders of village shares; and
       ``(ii) a security for only the nonresident rights that 
     attach to such share that does not have attached voting 
     rights (referred to in this paragraph as `non-voting 
     security').
       ``(G) An amendment made pursuant to subparagraph (B) shall 
     authorize the issuance of a non-voting security that--
       ``(i) shall, for purposes of subsections (j) and (m), be 
     treated as a non-village share with respect to--
       ``(I) computing distributions under such subsections; and
       ``(I) entitling the holder of the share to the proportional 
     share of the distributions made under such subsections;
       ``(ii) may be sold to Cook Inlet Region, Inc.; and
       ``(iii) shall otherwise be subject to the restrictions 
     under paragraph (1)(B).
       ``(H) Any shares of Settlement Common Stock purchased 
     pursuant to this paragraph shall be canceled on the 
     conditions that--
       ``(i) non-village shares with the nonresident rights that 
     attach to such shares that are purchased pursuant to this 
     paragraph shall be considered to be--
       ``(I) outstanding shares; and
       ``(II) for the purposes of subsection (m), shares of stock 
     registered on the books of the Cook Inlet Regional 
     Corporation in the names of nonresidents of villages; and
       ``(ii) any amount of funds that would be distributable with 
     respect to non-village shares or non-voting securities 
     pursuant to subsection (j) or (m) shall be distributed by 
     Cook Inlet Regional Corporation to itself; and
       ``(iii) village shares that are purchased pursuant to this 
     paragraph shall be considered to be--
       ``(I) outstanding shares, and
       ``(II) for the purposes of subsection (k) shares of stock 
     registered on the books of the Cook Inlet Regional 
     Corporation in the names of the residents of villages.
       ``(I) Any offer to purchase Settlement Common Stock made 
     pursuant to this paragraph shall exclude from the offer--
       ``(i) any share of Settlement Common Stock held, at the 
     time the offer is made, by an officer (including a member of 
     the board of directors) of Cook Inlet Regional Corporation or 
     a member of the immediate family of the officer; and
       ``(ii) any share of Settlement Common Stock held by any 
     custodian, guardian, trustee, or attorney representing a 
     shareholder of Cook Inlet Regional Corporation in fact or 
     law, or any other similar person, entity, or representative.
       ``(J)(i) The board of directors of Cook Inlet Regional 
     Corporation, in determining the terms of an offer to purchase 
     made under this paragraph, including the amount of any 
     premium paid with respect to a non-village share, may rely 
     upon the good faith opinion of a recognized firm of 
     investment bankers or valuation experts.
       ``(ii) Notwithstanding any other provision of law, Cook 
     Inlet Regional Corporation, a member of the board of 
     directors of Cook Inlet Regional Corporation, and any firm or 
     member of a firm of investment bankers or valuation experts 
     who assists in a determination made under this subparagraph 
     shall not be liable for damages resulting from terms made in 
     an offer made in connection with any purchase of Settlement 
     Common Stock if the offer was made--
       ``(I) in good faith;
       ``(II) in reliance on a determination made pursuant to 
     clause (i); and
       ``(II) otherwise in accordance with this paragraph.
       ``(K) The consideration given for the purchase of 
     Settlement Common Stock made pursuant to an offer to purchase 
     that provides for such consideration may be in the form of 
     cash, securities, or a combination of cash and securities, as 
     determined by the board of directors of Cook Inlet Regional 
     Corporation, in a manner consistent with an amendment made 
     pursuant to subparagraph (B).
       ``(L) Sale of Settlement Common Stock in accordance with 
     this paragraph shall not diminish a shareholder's status as 
     an Alaska Native or descendant of a Native for the purpose of 
     qualifying for those programs, benefits and services or other 
     rights or privileges set out for the benefit of Alaska 
     Natives and Native Americans. Proceeds from the sale of 
     Settlement Common Stock shall not be excluded in determining 
     eligibility for any needs-based programs that may be provided 
     by Federal, State or local agencies.''.
       (b) Conforming Amendment.--Section 8(c) of such Act (43 
     U.S.C. 1607(c)) is amended by striking ``(h)'' and inserting 
     ``(h) (other than paragraph (4))''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Miller] will be recognized for 20 minutes, and the 
gentleman from Alaska [Mr. Young] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Miller].
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in support of H.R. 3612, a bill introduced by the 
gentleman from Alaska to resolve certain land management issues that 
have arisen in the implementation of the Alaska Native Claims 
Settlement Act. We have included an amendment to the bill adding the 
provisions of H.R. 4665 to provide an option for Cook Inlet Region, 
Inc. to offer a stock purchase plan to its shareholders.
  H.R. 3612 contains eight land management provisions that were 
developed in close cooperation with the Alaska Native community, 
Administration, State of Alaska and other parties in Alaska. While the 
legislation makes primarily minor or technical changes to existing 
statutes, its provisions are significant for the affected individuals 
and entities, especially Alaska Natives.
  Section 9 of the bill incorporates the Text of H.R. 4665 to allow 
Cook Inlet Region, Inc. (CIRI), by amendment of its articles of 
incorporation, to offer a plan to its shareholders to purchase and 
cancel settlement common stock in the corporation.
  This legislation was requested by CIRI with the support of the Alaska 
Federation of Natives and received no objection by the administration 
or the State of Alaska. It applies only to CIRI and to no other Native 
corporation.
  When Congress passed the 1987 Amendments to ANCSA, it set out in 
section 2(7), the policy of granting shareholders of each corporation 
certain options to structure the further implementation of ANCSA. In 
doing so, Congress is not expressing an opinion on the manner in which 
shareholders in any corporation choose to balance individual rights and 
group rights.
  Congress, in this legislation, offers an additional stock purchase 
option to CIRI. In order to exercise this option, the Board of 
Directors must put the amendment before the shareholders and it must be 
approved by a majority vote (50% plus one of all outstanding stock). 
There is nothing in this legislation which requires the CIRI Board to 
exercise this option if it is approved by the shareholders.
  The sale of stock by a shareholder to the corporation would be 
strictly voluntary and could not be compelled by any party under any 
circumstances. The decision by a shareholder to sell stock can only be 
made after a fair valuation of CIRI assets and through consideration of 
the implications of terminating participation in the lands claims 
settlement. If a Native shareholder sells stock to the corporation, it 
would not affect in any way the Native status of that individual. 
Proceeds from the sale of stock, however, would be considered as an 
asset for any needs-based program.
  Mr. Speaker, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of H.R. 
3612, a bill to amend the Alaska Native Claims Settlement Act. This 
bill is the result of a year and a half effort of the Alaska Federation 
of Natives (AFN), the State of Alaska, the Administration, Chairman 
Miller and the staff from both the Majority and Minority of the Natural 
Resources Committee.
  I want to especially thank Julie Kitka and Nelson Angapak of AFN, 
Paul Kirton and Deborah Williams of the Interior Department, the State 
of Alaska, Mr. Miller and Committee staff for their efforts to bring 
forth a non-controversial bill to amend the Alaska Native Claims 
Settlement Act.
  H.R. 3612 makes a number of technical changes to the Alaska Native 
Claims Settlement Act of 1971 (ANCSA) and the Alaska National Interests 
Land Conservation Act (ANILCA). This bill has nine provisions which 
would resolve some of the technical issues with regard to ANCSA and 
ANILCA not envisioned at time of passage. For instance, Section 1 would 
ratify an agreement reached between the Cook Inlet Region, Incorporated 
and Caswell and Montana Creek Native Associations with regard to land 
conveyances.
  Section 3 would direct the Secretary of Interior to submit a report, 
within 18 months of enactment, to the House Natural Resources Committee 
and the Senate Energy and Natural Resources Committee, addressing the 
issue of hazardous substances on lands conveyed to Native Corporations.
  Another would authorize such sums as may be necessary to provide 
technical assistance to Alaska Native Village Corporations to fulfill 
the requirements of 14(c) of ANCSA.
  Section 6 would direct the Secretary of Interior, in consultation 
with the Secretary of Agriculture, to submit a report to Congress 
within 6 months of enactment, of all those Vietnam era veterans who 
were eligible but did not receive an allotment under the Native 
Allotment Act of May 17, 1906 as such Act was in effect before December 
18, 1971. Mr. Speaker, I feel very strongly about this provision and 
hope that with this report, Congress will be able to enact additional 
legislation on behalf of these Alaska Native Veterans affected and to 
allow them to apply for their native allotments. Many of these veterans 
were called to serve during the Vietnam war and I do not believe they 
should be penalized for fulfilling their patriotic duty. Many were 
unreachable, as you can well imagine, and could not submit an 
application for their native allotment. This section would start the 
process to correct a great injustice to my Alaska Native veterans.
  H.R. 4665, as originally introduced, is now incorporated into this 
bill as Section 9. This section would allow Cook Inlet Region, 
Incorporated (CIRI), by amendment to its Articles of Incorporation, to 
offer a plan to its shareholders to purchase and cancel settlement 
common stock in the Corporation. This section was approved by CIRI 
after extensive survey of its shareholders. This section would 
authorize CIRI, and only CIRI, to purchase and cancel stock from its 
shareholders on a voluntary basis only.
  Mr. Speaker, this bill is purely a non-controversial technical bill 
which addresses some of the unresolved land issues which have arisen 
since the passage of the Alaska Native Claims Settlement Act and the 
Alaska National Interest Lands Conservation Act. I introduced this bill 
on November 21, 1993, the Subcommittee on Oversight and Investigation 
held a hearing on September 22, 1994 and the Committee on Natural 
Resources favorably ordered the bill reported with amendments on 
September 27, 1994 by a voice vote. This bill is non-controversial and 
I urge this body vote for passage of H.R. 3612, with one technical 
amendment at the desk. I thank the gentleman for the time to clarify 
some of the major provisions of this bill, and I urge its adoption.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Miller] that the House suspend the rules 
and pass the bill, H.R. 3612, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof), the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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