[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.
____________________