[Congressional Record Volume 142, Number 113 (Monday, July 29, 1996)]
[Senate]
[Pages S9072-S9073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself and Mr. Stevens):
  S. 1998. A bill to provide for expedited negotiations between the 
Secretary of the Interior and the villages of Chickaloon-Moose Creek 
Native Association, Inc., Ninilichik Native Association, Inc., Seldovia 
Native Association, Inc., Tyonek Native Corp., and Knikatnu, Inc. 
regarding the conveyances of certain lands in Alaska Under the Alaska 
Native Claims Settlement Act, and for other purposes; to the Committee 
on Energy and Natural Resources.


       the alaska native claims settlement amendment act of 1996

 Mr. MURKOWSKI. Mr. President, today I introduce legislation on 
behalf of myself and Senator Stevens. This legislation is intended to 
help facilitate a settlement regarding a complex land dispute between 
five Native Alaskan villages and the Department of the Interior.
  Mr. President, the villages of Chickaloon-Moose Creek, Ninilchik, 
Selovia, Tyonek, and Knikatnu selected lands over 20 years ago pursuant 
to the Alaska Native Claims Settlement Act (ANSCA) along the shores of 
what would later become Lake Clark National Park and on the western 
coast of Cook Inlet. These five villages later relinquished many of 
their original selections so that the Department could consolidate 
their holdings and preserve valuable lake frontage to create the Lake 
Clark National Park in 1980. Without the relinquishment of the 
village's original land selections Lake Clark National Park may never 
have become a reality.
  In return for the relinquishment of their original selections, the 
villages were offered other lands on the western coast of Cook Inlet. 
Because there were five villages, the DOI worked with the villages to 
create different ``rounds'' of selections. This process would ensure 
that no one village would receive all the high or low priority 
selections being offered in the new lands. These rounds were similar to 
the way the NFL conducts its draft.
  After the villages made their selections, with the assistance of the 
Bureau of Land Management (BLM), the selections were then rejected by 
the BLM because they were not ``compact and contiguous'' as required by 
ANSCA. This resulted in a deficiency conveyance agreement which divided 
the village selections in Cook Inlet into two appendices--appendix A, 
and appendix C. When the villages signed their agreement they were 
continuously assured by the BLM that their selection rounds would 
remain intact thereby preserving their highest priority land 
selections. Indeed, correspondence over the years from the Department 
of the Interior indicates that this was the case.
  However, now the DOI claims that none of the appendix C lands could 
be transferred until all appendix A lands have been conveyed. If 
allowed to continue this would result in the Native villages not 
receiving their priority selections under ANCSA.
  It is ironic that it was village corporations who gave up their 
selections so that the Department could create Lake Clark National Park 
and now the DOI is blocking the villages right to select lands they 
originally assisted in selecting by saying it would threaten Lake Clark 
National Park.
  The legislation I am introducing today is a fair compromise to this 
problem. In short the legislation would:
  Require the Secretary to enter into expedited negotiations with the 
village corporations for the purpose of resolving their remaining land 
entitlement issues with either the lands in dispute or other lands in 
Alaska;
  For any village with much the Secretary reaches agreement he must 
implement the agreement within 90 days and the issue is then resolved;
  For any of the villages with which the Secretary fails to reach 
agreement within 180 days, the Secretary must convey to that village 50 
percent of the lands they selected, in the order of their selection by 
priority rounds;
  For any of the five villages that still have remaining acreage in 
their land entitlements, the Secretary must continue to negotiate with 
them and report back to Congress on the status of these negotiations;
  Lastly, the legislation will preserve the village's right to pursue 
the issue through the judicial system.
  Mr. President, this legislation is fair and balanced. Each of the two 
parties involved have the opportunity to resolve the issue in an 
amicable way where both can walk away with positive results. Failing to 
accomplish this, each party then only gets half of what they want.
  I would like to point out that, regardless of the rhetoric coming 
from opponents of this legislation, these selected lands are not part 
of Lake Clark National Park.

[[Page S9073]]

  I understand the DOI may oppose this legislation. I would like to 
inform the Department of the Interior that I am opposed to them making 
Alaska Natives wait 20 years for their promised land 
conveyances.
                                 ______