[Congressional Record Volume 141, Number 47 (Tuesday, March 14, 1995)]
[House]
[Pages H3096-H3098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             ALASKA NATIVE CLAIMS SETTLEMENT ACT AMENDMENTS

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 402) to amend the Alaska Native Claims Settlement 
Act, and for other purposes, as amended.
  The Clerk read as follows:
                                H.R. 402
       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 
     [[Page H3097]] 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 
     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 and 
     subject to the concurrence of the Kuupik Corporation, 
     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 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 Shishmaref 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 
     Shishmaref Native Corporation become liable for the cleanup 
     of the property solely by virtue of acquiring title from the 
     State or from the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska [Mr. Young] will be recognized for 20 minutes, and the gentleman 
from Massachusetts [Mr. Studds] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Alaska [Mr. Young].
  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. 
402. This bill is the result of a 2-year effort of the Alaska 
Federation of Natives, the State of Alaska, the administration, and my 
ranking minority member, the gentleman from California [Mr. Miller]. I 
thank them for their dedication and hard work.
  The bill is noncontroversial. Most of the provisions have already 
passed the House in previous Congresses but were not acted on by the 
Senate. We hope that the new congressional leadership will improve the 
track record on this bill.
  Mr. Speaker, H.R. 402 makes several technical changes to the Alaska 
Native Claims Settlement Act of 1971 [ANCSA] and the Alaska National 
Interests Land Conservation Act to address some of the unresolved land 
issues which have arisen since the passage of these acts.
  These include specific land conveyances to Native corporations, the 
clarification of mining authority and administration of mining claims 
on lands conveyed to Native corporations, a report on hazardous 
substances on lands conveyed to Native corporations, an authorization 
of technical assistance to Native villages to help with land 
reconveyances required under ANCSA, and a report on Vietnam-era 
veterans who were eligible but did not receive land under the Native 
Allotment Act of May 17, 1906.
  Mr. Speaker, all these provisions are long awaited, but I feel very 
strongly about section 6 regarding unclaimed land allotments for Native 
Alaskans serving during the Vietnam war. 
[[Page H3098]] Many of these Natives were in service overseas and were 
unable to file for their allotments. I do not believe that they should 
be penalized for fulfilling their patriotic duty. I hope that with this 
report, Congress will be able to enact additional legislation on behalf 
of these Alaska Native veterans.
  The version of the bill before the House has a minor change from the 
version reported from the Resources Committee on February 8. In section 
5, we have restored the right of a Native corporation to concur in the 
selection of oil and gas rights allowed under the act. Our minority has 
agreed to this small improvement to the bill.
  I also want to thank Chairman Kasich and his staff for their thorough 
review of this bill in a short period of time and their cooperation in 
scheduling all the bills on today's program.
  I urge my colleagues to support this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. STUDDS asked and was given permission to revise and extend his 
remarks.)
  Mr. STUDDS. Mr. Speaker, I am a bit puzzled by about how long it took 
the gentleman from Alaska to describe this bill. What is different 
about this picture?
  Mr. YOUNG of Alaska. Mr. Speaker, if the gentleman will yield, if I 
may, there is nothing different about this bill at all. We are just 
bringing it up under suspension today.
  Mr. STUDDS. Let me just say that I concur with this legislation which 
is substantially the same as the legislation we passed in the previous 
Congress, and it is without controversy. It is even a good thing.
  Mr. Speaker, I rise in support of the legislation. The gentleman from 
Alaska has long been a good friend of his Alaska Native constituents 
and this bill continues that tradition.
  This legislation was the subject of a hearing, reported by the 
committee, and passed by the House in the previous Congress. The eight 
diverse sections in the bill were largely developed in the course of 
negotiations between the Alaska Federation of Natives, the State of 
Alaska, and the Department of the Interior. This process was successful 
in fostering consensus and minimizing controversy.
  I would note, Mr. Speaker, that this bill also reflects a tradition 
of bipartisan concern and cooperation within the committee when dealing 
with issues affecting Alaska Natives.
  I urge support for the legislation.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no more requests for time, 
and I yield back the balance of my time.
  Mr. STUDDS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska [Mr. Young] that the House suspend the rules and 
pass the bill, H.R. 402, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.
  

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