[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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