[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[House]
[Pages H11280-H11283]
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. 2505) to amend the Alaska Native Claims Settlement 
Act to make certain clarifications to the land bank protection 
provisions, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 2505

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

     SECTION 1. AUTOMATIC LAND BANK PROTECTION.

       (a) Lands Received in Exchange From Certain Federal 
     Agencies.--The matter preceding clause (i) of section 
     907(d)(1)(A) of the Alaska National Interest Lands 
     Conservation Act (43 U.S.C. 1636(d)(1)(A)) is amended by 
     inserting ``or conveyed to a Native Corporation pursuant to 
     an exchange authorized by section 22(f) of Alaska Native 
     Claims Settlement Act or section 1302(h) of this Act or other 
     applicable law'' after ``Settlement Trust''.
       (b) Lands Exchanged Among Native Corporations.--Section 
     907(d)(2)(B) of such Act (43 U.S.C. 1636(d)(2)) is amended by 
     striking ``and'' at the end of clause (ii), by striking the 
     period at the end of clause (iii) and inserting ``; and'', 
     and by adding at the end the following:
       ``(iv) lands or interest in lands shall not be considered 
     developed or leased or sold to a third party as a result of 
     an exchange or conveyance of such land or interest in land 
     between or among Native Corporations and trusts, 
     partnerships, corporations, or joint ventures, whose 
     beneficiaries, partners, shareholders, or joint venturers are 
     Native Corporations.''.
       (c) Actions by Trustee Serving Pursuant to Agreement of 
     Native Corporations.--Section 907(d)(3)(B) of such Act (43 
     U.S.C. 1636(d)(3)(B)) is amended by striking ``or'' at the 
     end of clause (i), by striking the period at the end of 
     clause (ii) and inserting ``; or'', and by adding at the end 
     the following:
       ``(iii) to actions by any trustee whose right, title, or 
     interest in land or interests in land arises pursuant to an 
     agreement between or among Native Corporations and trusts, 
     partnerships, or joint ventures whose beneficiaries, 
     partners, shareholders, or joint venturers are Native 
     Corporations.''.

     SEC. 2. RETAINED MINERAL ESTATE.

       Section 12(c)(4) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1611(c)(4)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (E) and (F), respectively, and by inserting 
     after subparagraph (B) the following new subparagraphs:
       ``(C) Where such public lands are surrounded by or 
     contiguous to subsurface lands obtained by a Regional 
     Corporation under subsections (a) or (b), the Corporation 
     may, upon request, have such public land conveyed to it.
       ``(D)(i) A Regional Corporation which elects to obtain 
     public lands under subparagraph (C) shall be limited to a 
     total of not more than 12,000 acres. Selection by a Regional 
     Corporation of in lieu surface acres under subparagraph (E) 
     pursuant to an election under subparagraph (C) shall not be 
     made from any lands within a conservation system unit (as 
     that term is defined by section 102(4) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3102(4)).
       ``(ii) An election to obtain the public lands described in 
     subparagraph (A), (B), or (C) shall include all available 
     parcels within the township in which the public lands are 
     located.
       ``(iii) For purposes of this subparagraph and subparagraph 
     (C), the term `Regional Corporation' shall refer only to 
     Doyon, Limited.''; and
       (2) in subparagraph (E) (as so redesignated), by striking 
     ``(A) or (B)'' and inserting ``(A), (B), or (C)''.

     SEC. 3. PROPOSED AMENDMENT TO PUBLIC LAW 102-415.

       Section 20 of the Alaska Land Status Technical Corrections 
     Act of 1992 (106 Stat. 2129)

[[Page H11281]]

     is amended by adding at the end the following new subsection:
       ``(h) Establishment of the account under subsection (b) and 
     conveyance of land under subsection (c), if any, shall be 
     treated as though 3,520 acres of land had been conveyed to 
     Gold Creek under section 14(h)(2) of the Alaska Native Claims 
     Settlement Act for which rights to in-lieu subsurface estate 
     are hereby provided to CIRI. Within 1 year from the date of 
     enactment of this subsection, CIRI shall select 3,520 acres 
     of land from the area designated for in-lieu selection by 
     paragraph I.B.(2)(b) of the document identified in section 
     12(b) of the Act of January 2, 1976 (43 U.S.C. 1611 note).''.

     SEC. 4. CALISTA CORPORATION LAND EXCHANGE.

       (a) Congressional Findings.--Congress finds and declares 
     that--
       (1) the land exchange authorized by section 8126 of Public 
     Law 102-172 should be implemented without further delay;
       (2) lands and interests in lands in the exchange are within 
     the boundaries of the Yukon Delta National Wildlife Refuge 
     established by the Alaska National Interest Lands 
     Conservation Act (ANILCA) and include wetlands, grasslands, 
     marshes, and riverine and upland fish and wildlife habitat 
     lands, which represent the premier habitat area for waterfowl 
     and other birds in the Pacific and other flyways--
       (A) for nesting, breeding, and staging grounds for 
     countless thousands of migratory waterfowl, including species 
     such as Spectacled Eider, Tundra Swan, White-fronted Goose, 
     many song birds and neotropical migrants, Harlequin Duck, 
     Canvasbacked Duck, Snow Goose, several species of diving and 
     dabbling ducks, Cackling and other subspecies of Canada 
     Geese, and Emperor Goose; and
       (B) as habitat for other wildlife and fish such as wolf, 
     brown and black bear, moose, caribou, otter, fox, mink, musk 
     ox, salmon, grayling, sheefish, rainbow trout, blackfish, 
     pike, and dolly varden,

     the acquisition of which lands and interests in lands would 
     further the purposes for which the refuge was established by 
     ANILCA;
       (3) the Yukon-Kuskokwim Delta Region is burdened by some of 
     the most serious and distressing economic, social, and health 
     conditions existing anywhere in the United States, including 
     high incidence of infant mortality, teenage suicide, 
     hepatitis, alcoholism, meningitis, tuberculosis, and 
     unemployment (60 to 90 percent);
       (4) the Calista Corporation, the Native Regional 
     Corporation organized under the authority of the Alaska 
     Native Claims Settlement Act (ANCSA) for the Yupik Eskimos of 
     Southwestern Alaska, which includes the entire Yukon Delta 
     National Wildlife Refuge--
       (A) has responsibilities provided for by the Settlement Act 
     to help address social, cultural, economic, health, 
     subsistence, and related issues within the Region and among 
     its villages, including the viability of the villages 
     themselves, many of which are remote and isolated; and
       (B) has been unable to fully carry out such 
     responsibilities, and

     the implementation of this exchange is essential to helping 
     Calista utilize its assets to carry out those 
     responsibilities to realize the benefits of ANCSA;
       (5) the parties to the exchange have been unable to reach 
     agreement on the valuation of the lands and interests in 
     lands to be conveyed to the United States under section 8126 
     of Public Law 102-171; and
       (6) in light of the foregoing, it is appropriate and 
     necessary in this unique situation that Congress authorize 
     and direct the implementation of this exchange as set forth 
     in this section in furtherance of the purposes and underlying 
     goals of the Alaska Native Claims Settlement Act and the 
     Alaska National Interest Lands Conservation Act.
       (b) Land Exchange Implementation.--Section 8126(a) of 
     Public Law 102-172 (105 Stat. 1206) is amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by striking ``October 1, 1996'' and inserting ``October 
     1, 2002'';
       (3) by inserting after ``October 28, 1991'' the following: 
     ``(hereinafter referred to as `CCRD') and in the document 
     entitled, `The Calista Conveyance and Relinquishment Document 
     Addendum', dated September 15, 1996 (hereinafter referred to 
     as `CCRD Addendum')'';
       (4) by striking ``The value'' and all that follows through 
     ``Provided, That the'' and inserting in lieu thereof the 
     following:
       ``(2) Unless prior to December 31, 1996, the parties 
     mutually agree on a value of the lands and interests in lands 
     to be exchanged as contained in the CCRD and the CCRD 
     Addendum, the aggregate values of such lands and interests in 
     lands shall be established as of January 1, 1997, as provided 
     in paragraph (6) of the CCRD Addendum. The'';
       (5) in the last sentence, by inserting a period after 
     ``1642'' and striking all that follows in that sentence; and
       (6) by adding at the end the following new paragraph:
       ``(3) The amount credited to the property account is not 
     subject to adjustment for minor changes in acreage resulting 
     from preparation or correction of the land descriptions in 
     the CCRD or CCRD Addendum or the exclusion of any small 
     tracts of land as a result of hazardous materials surveys.''.
       (c) Extension of Restriction on Certain Property 
     Transfers.--Section 8126(b) of Public Law 102-172 (105 Stat. 
     1206) is amended by striking ``October 1, 1996'' and 
     inserting ``October 1, 2002''.
       (d) Exchange Administration.--Section 8126(c) of Public Law 
     102-172 (105 Stat. 1207) is amended--
       (1) by inserting ``(1)'' after ``(c)'';
       (2) by striking the sentence beginning ``On October 1, 
     1996,'' and inserting in lieu thereof the following: ``To the 
     extent such lands and interests have not been exchanged with 
     the United States, on January 1, 1997, the Secretary of the 
     Treasury shall establish a property account on behalf of 
     Calista Corporation. If the parties have mutually agreed to a 
     value as provided in subsection (a)(2), the Secretary of the 
     Treasury shall credit the account accordingly. In the absence 
     of such an agreement the Secretary of the Treasury shall 
     credit the account with an amount equal to 66 percent of the 
     total amount determined by paragraph (6) of the CCRD 
     Addendum. The account shall be available for use as provided 
     in subsection (c)(3), as follows:
       ``(A) On January 1, 1997, an amount equal to one-half the 
     amount credited pursuant to this paragraph shall be available 
     for use as provided.
       ``(B) On October 1, 1997, the remaining one-half of the 
     amount credited pursuant to this paragraph shall be available 
     for use as provided.
       ``(2) On October 1, 2002, to the extent any portion of the 
     lands and interests in lands have not been exchanged pursuant 
     to subsection (a) or conveyed or relinquished to the United 
     States pursuant to paragraph (1), the account established by 
     paragraph (1) shall be credited with an amount equal to any 
     remainder of the value determined pursuant to paragraph 
     (1).'';
       (3) by inserting ``(3)'' before ``Subject to'';
       (4) by striking ``on or after October 1, 1996,'' and by 
     inserting after ``subsection (a) of this section,'' the 
     following: ``upon conveyance or relinquishment of equivalent 
     portions of the lands referenced in the CCRD and the CCRD 
     Addendum,''; and
       (5) by adding at the end the following new paragraphs:
       ``(4) Notwithstanding any other provision of law, Calista 
     Corporation or the village corporations identified in the 
     CCRD Addendum may assign, without restriction, any or all of 
     the account upon written notification to the Secretary of the 
     Treasury and the Secretary of the Interior.
       ``(5) Calista will provide to the Bureau of Land 
     Management, Alaska State Office, appropriate documentation, 
     including maps of the parcels to be exchanged, to enable that 
     office to perform the accounting required by paragraph (1) 
     and to forward such information, if requested by Calista, to 
     the Secretary of the Treasury as authorized by such 
     paragraph. Minor boundary adjustments shall be made between 
     Calista and the Department to reflect the acreage figures 
     reflected in the CCRD and the CCRD Addendum.
       ``(6) For the purpose of the determination of the 
     applicability of section 7(i) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1606(i)) to revenues generated 
     pursuant to this section, such revenues shall be calculated 
     in accordance with paragraph (4) of the CCRD Addendum.''.

     SEC. 5. MINING CLAIMS.

       Paragraph (3) of section 22(c) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1621(c)) is amended--
       (1) by striking out ``regional corporation'' each place it 
     appears and inserting in lieu thereof ``Regional 
     Corporation''; and
       (2) by adding at the end the following: ``The provisions of 
     this section shall apply to Haida Corporation and the Haida 
     Traditional Use Sites, which shall be treated as a Regional 
     Corporation for the purposes of this paragraph, except that 
     any revenues remitted to Haida Corporation under this section 
     shall not be subject to distribution pursuant to section 7(i) 
     of this Act.''.

     SEC. 6. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES 
                   OF SAND, GRAVEL, STONE, PUMICE, PEAT, CLAY, OR 
                   CINDER RESOURCES.

       Subsection (i) of section 7 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1606(i)) is amended--
       (1) by striking ``Seventy per centum'' and inserting ``(A) 
     Except as provided by subparagraph (B), seventy percent''; 
     and
       (2) by adding at the end the following:
       ``(B) In the case of the sale, disposition, or other use of 
     common varieties of sand, gravel, stone, pumice, peat, clay, 
     or cinder resources made after the date of enactment of this 
     subparagraph, the revenues received by a Regional Corporation 
     shall not be subject to division under subparagraph (A). 
     Nothing in this subparagraph is intended to or shall be 
     construed to alter the ownership of such sand, gravel, stone, 
     pumice, peat, clay, or cinder resources.''.

     SEC. 7. ALASKA NATIVE ALLOTMENT APPLICATIONS.

       Section 905(a) of the Alaska National Interest Lands 
     Conservation Act (43 U.S.C. 1634(a)) is amended by adding at 
     the end the following:
       ``(7) Paragraph (1) of this subsection and section (d) 
     shall apply, and paragraph (5) of this subsection shall cease 
     to apply, to an application--
       ``(A) that is open and pending on the date of enactment of 
     this paragraph,
       ``(B) if the lands described in the application are in 
     Federal ownership, and
       ``(C) if all protests which were filed by the State of 
     Alaska pursuant to paragraph (5)(B) with respect to the 
     application have been

[[Page H11282]]

     withdrawn and not reasserted or are dismissed.''.

     SEC. 8. VISITOR SERVICES.

       Paragraph (1) of section 1307(b) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3197(b)) is 
     amended--
       (1) by striking ``Native Corporation'' and inserting 
     ``Native Corporations''; and
       (2) by striking ``is most directly affected'' and inserting 
     ``are most directly affected''.

     SEC. 9. REPORT.

       Within nine months after the date of enactment of this Act, 
     the Secretary of the Interior shall submit to Congress a 
     report which includes the following:
       (1) Local hire.--(A) The report shall--
       (i) indicate the actions taken in carrying out subsection 
     (b) of section 1308 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3198); and
       (ii) also address the recruitment processes that may 
     restrict employees hired under subsection (a) of such section 
     from successfully obtaining positions in the competitive 
     service.
       (B) The Secretary of Agriculture shall cooperate with the 
     Secretary of the Interior in carrying out this paragraph with 
     respect to the Forest Service.
       (2) Local contracts.--The report shall describe the actions 
     of the Secretary of the Interior in contracting with Alaska 
     Native Corporations to provide services with respect to 
     public lands in Alaska.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska [Mr. Young] and the gentleman from New Mexico [Mr. Richardson] 
each will control 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, H.R. 2505 is legislation I 
introduced on behalf of the Alaska Federation of Natives, the statewide 
organization which serves the interests of the over 90,000 Natives in 
the State of Alaska. The bill addresses issues of importance to several 
ANCSA native corporations. I want to thank the Calista Native Corp., 
the Alaska Federation of Natives, the Department of the Interior and 
Committee staff for their efforts to resolve many of the difficult 
issues in this bill. The bill before the House has been amended to 
reflect this agreement.
  The bill, as amended, contains several provisions, I will briefly 
explain few:
  Considerable time has been spent resolving the Calista land exchange 
issue. Thanks to all parties involved for their commitment to move 
forward on this important provision. The Calista region in Alaska is 
one of the poorest and most socially troubled areas in the Nation. This 
land exchange was authorized to provide Calista with a means of 
economic self-sufficiency, consistent with the purpose of ANCSA. Under 
ANCSA, the Secretary of the Interior and Calista were to determine a 
mutually agreeable value for Calista's lands and interests which are to 
be exchanged, subject to a maximum per acre value. However, to date, 
the two parties have been unable to arrive at a mutually agreeable 
value. The committee feels that the Secretary's appraisals did not 
comply with previous legislative directives and, as a result, 
significantly underestimated the value of Calista's lands and 
interests. Section 5 of this bill would eliminate this impasse by 
establishing a value for Calista's lands, as Congress has had to do in 
numerous other instances since 1976. In doing so, Congress is simply 
providing the figure which Calista and the Secretary of the Interior 
were unable to determine. There are costs associated with this 
provision and we have no formal offset for those costs contained in 
H.R. 2505. However, we have worked with Chairman Kasich and the Budget 
Commission to also consider the Resources Committee bill to sell the 
Nation's helium reserves that will more than offset the costs of this 
bill.
  Another provision would make revenues derived by the Native regional 
corporations from the sale of sand, rock, and gravel exempt from the 
revenue-sharing provisions of ANCSA. This provision would codify an 
agreement that was reached between the ANCSA regional corporations in 
June 1980--after many years of litigation.
  Another provision would extend automatic land bank protections to 
land trades between Alaska Native organizations and Federal or State 
governments.
  Mr. Speaker, all of those provisions have been discussed at length 
between the majority and minority. The bill was reported by the 
Resources Committee on a voice vote and I am happy to bring to the 
floor yet another consensus bill.
  I believe this is an excellent ANCSA amendments package and urge my 
colleagues support.
  Mr. Speaker, I include the following for the Record.

    Addendum to the Calista Conveyance and Relinquishment Document, 
                           September 15, 1996

       1. Purpose: The purpose of this Addendum is to provide for 
     the addition of certain surface and subsurface estate lands 
     owned by The Kuskokwim Corporation, NIMA Corporation and the 
     Calista Corporation to those lands to be available for 
     exchange with the United States pursuant to Section 8126 of 
     P.L. 102-172.
       2. Kuskokwim Corporation Tracts: (a) The surface estate 
     lands (through conservation easements) comprised of 
     approximately 17,000 acres which are to be available for 
     exchange from The Kuskokwim Corporation, are those which have 
     been conveyed to The Kuskokwin Corporation and which are 
     generally depicted on a map dated September 15, 1996, 
     entitled, ``Kuskokwim Corporation Parcel, Calista Land 
     Exchange.''
       (b) Upon conveyance of the land or interests in land, 
     including, but not limited to conservation easements, from 
     The Kuskokwim Corporation to the United States pursuant to 
     section 8126 of P.L. 102-172 and this Addendum, Calista shall 
     contemporaneously assign to The Kuskokwim Corporation that 
     portion of its property account allocable to the lands or 
     interest in lands being conveyed from The Kuskokwim 
     Corporation to the United States. Calista is committed to 
     reserve the portion of its property account allocable to The 
     Kuskokwim Corporation and shall maintain its account for that 
     purpose until the conveyance of the interest in land by The 
     Kuskokwim Corporation to the United States.
       (c) The conservation easement conveyed through this 
     Addendum shall restrict the use of the land subject to the 
     easement so as to ensure that it and its resources shall be 
     conserved in perpetuity, that there shall be no development 
     of such land, that such lands shall be opened to public 
     recreational uses compatible with the conservation purposes 
     of this easement, reserving to The Kuskokwim Corporation and 
     its shareholders existing rights to the use of the land for 
     traditional, cultural, customary and subsistence purposes.
       3. NIMA Corporation Tracts: The surface estate lands which 
     are to be available for exchange from the NIMA Corporation, 
     comprised of approximately 10,000 acres, are those which have 
     been conveyed to the NIMA Corporation and which are generally 
     depicted on a map dated September 15, 1996, entitled, ``NIMA 
     Corporation Parcel, Calista Land Exchange.''
       4. Calista Corporation Tracts: The subsurface estates 
     underlying The Kuskokwim Corporation Parcel and the NIMA 
     Corporation Parcel are to be available for exchange from 
     Calista Corporation.
       5. ANCSA: For purposes of Section 7(i) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1606(i)), ``Revenues'' are 
     only those realized in excess of $20 million from the sale or 
     generation of income from property received in exchange 
     for subsurface estate listed in the Calista Conveyance and 
     Relinquishment Document and the CCRD Addendum.
       6. Land Exchange Accounting: (a) The accounting, and, to 
     the extent necessary, the establishment of a property account 
     required by subsection (c) of Section 8126 of P.L. 102-172, 
     upon the relinquishment and conveyance by Calista (and where 
     relevant, The Hamilton Corporation, The Kuskokwim 
     Corporation, or NIMA Corporation) of the lands and interests 
     in lands in the CCRD (less the Tuluksak parcel) and the CCRD 
     Addendum, shall be based on and credited with, respectively, 
     a total amount of $30 million for the lands and interests in 
     lands referenced in the CCRD and in the CCRD Addendum.
       (b) The allocation of value between Calista and the other 
     owners of lands, interests in land, and entitlement to lands 
     contained in the CCRD and the CCRD Addendum to specific 
     lands, interest in lands and entitlement to lands shall be 
     based on the product of the following: (A) the relevant 
     acreage listed in the CCRD or the CCRD Addendum, (B) the per-
     acre equivalent exchange value (in 1996 dollars) from 
     subparagraph I(C)(2)(e)(iii) of the document entitled ``Terms 
     and Conditions for Land Consolidation and Management in the 
     Cook Inlet Area'', as referenced in Section 12(b)(7)(iv) of 
     the Act of January 2, 1976 (P.L. 94-204), as amended, and (C) 
     relevant factor from the following list: unexplored 
     subsurface estate--.066; surface estate--.237; fee--.303; 
     14(h)(8) entitlement--.514; conservation easements on surface 
     estate--.178.

  Mr. Speaker, I reserve the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.

[[Page H11283]]

  Mr. Speaker, let me commend the gentleman from Alaska, Chairman 
Young. This one is a good bill, and I commend the gentleman for working 
in a bipartisan fashion with the minority.
  As the gentleman said, 9 out of the 10 areas of disagreement were 
worked out. The 10th was dropped. The compensation package was worked 
out also. What you have here is basically some Native American 
corporations getting Federal surplus property. This is a good piece of 
legislation. I think the chairman worked very well with the 
administration, which he frequently does.
  Mr. Speaker, let me say we support the bill, and we congratulate the 
chairman.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman from New 
Mexico for his comments.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of any 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. 2505, 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.

                          ____________________