[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[House]
[Pages H8477-H8488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ANCSA LAND BANK PROTECTION ACT OF 1998
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 2000) to amend the Alaska
[[Page H8478]]
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. 2000
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)(B)) is
amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) 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--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) 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. DEVELOPMENT BY THIRD-PARTY TRESPASSERS.
Section 907(d)(2)(A)(i) of the Alaska National Interest
Lands Conservation Act (43 U.S.C. 1636(d)(2)(A)(i)) is
amended--
(1) by inserting ``Any such modification shall be performed
by the Native individual or Native Corporation.'' after
``substantial modification.'';
(2) by inserting a period after ``developed state'' the
second place it appears; and
(3) by adding ``Any lands previously developed by third-
party trespassers shall not be considered to have been
developed.''.
SEC. 3. RETAINED MINERAL ESTATE.
(a) In General.--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)''.
(b) Failure to Appeal Not Prohibitive.--Section 12(c) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c))
is amended by adding at the end the following:
``(5) Subparagraphs (A), (B), and (C) of paragraph (4)
shall apply, notwithstanding the failure of the Regional
Corporation to have appealed the rejection of a selection
during the conveyance of the relevant surface estate.''.
SEC. 4. AMENDMENT TO PUBLIC LAW 102-415.
Section 20 of the Alaska Land Status Technical Corrections
Act of 1992 (106 Stat. 2129), 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 subsurface estate are
hereby provided to CIRI. Within 1 year from the date of the
enactment of this subsection, CIRI shall select 3,520 acres
of subsurface estate in land from the area designated for
selection by paragraph I.B.(2)(b) of the document identified
in section 12(b) (referring to the Talkeetna Mountains) of
the Act of January 2, 1976 (43 U.S.C. 1611 note). Not more
than five selections shall be made under this subsection,
each of which shall be reasonably compact and in whole
sections, except when separated by unavailable land or when
the remaining entitlement is less than a whole section.''.
SEC. 5. CLARIFICATION ON TREATMENT OF BONDS FROM A NATIVE
CORPORATION.
Section 29(c) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1626(c)) is amended--
(1) in paragraph (3)(A), by inserting ``and on bonds
received from a Native Corporation'' after ``from a Native
Corporation''; and
(2) in paragraph (3)(B), by inserting ``or bonds issued by
a Native Corporation which bonds shall be subject to the
protection of section 7(h) until voluntarily and expressly
sold or pledged by the shareholder subsequent to the date of
distribution'' before the semicolon.
SEC. 6. CALISTA NATIVE 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) the Calista Corporation, the Native Regional
Corporation organized under the authority of the Alaska
Native Claims Settlement Act for the Yupik Eskimos of
Southwestern Alaska, which includes the majority of the Yukon
Delta National Wildlife Refuge--
(A) has responsibilities provided for by the Alaska Native
Claims 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;
(3) the implementation of the exchange referenced in this
subsection is essential to helping Calista utilize its assets
to carry out those responsibilities and to realize the
benefits of the Alaska Native Claims Settlement Act;
(4) 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 102-172; and
(5) 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 of Public
Law 102-172 (105 Stat. 1206) is amended to read as follows:
``Sec. 8126. (a)(1) In exchange for lands, partial estates,
and land selection rights identified in the document entitled
`The Calista Conveyance and Relinquishment Document', dated
October 28, 1991, as amended September 22, 1998 (hereinafter
referred to as `CCRD'), the United States will establish a
property account for the Calista Corporation, a corporation
organized under the laws of the State of Alaska, in the
amount identified in the CCRD, and in accordance with the
provisions of this Act.
``(2) The CCRD contains the land descriptions of the lands
and interests in lands to be conveyed, the selections to be
relinquished, the charges to entitlement, the quantity and
class of entitlement to be transferred to the United States,
the terms of the Kuskokwim Corporation Conservation Easement,
and the amount that is authorized for the property account.
``(3) The covenants, terms, and conditions to be used in
any transfers to the United States described in the CCRD
shall be binding on the United States and the participating
Native corporations and shall be a matter of Federal law.
``(b)(1) The aggregate values of such lands and interests
in lands, together with compensation for the considerations
set forth in congressional findings concerning the Calista
Region and its villages, shall be the sum provided in section
IX of the CCRD. The amounts credited to the property account
described in this subsection shall not be subject to
adjustment for minor changes in acreage resulting from
preparation or correction of the land descriptions in the
CCRD or the exclusion of any small tracts of land as a result
of hazardous material surveys. The Secretary of the Interior
shall maintain an accounting of the lands and interests in
lands remaining to be conveyed or relinquished by Calista
Corporation and the participating village corporations
pursuant to this section. The Secretary of the Treasury on
October 1, 1998, shall establish a property account on behalf
of Calista Corporation.
``(2) The account shall be credited and available for use
as provided in paragraph (4), according to the following
schedule of percentages of the amount in section IX of the
CCRD:
``(A) On October 1, 1999, and on October 1 of each year
thereafter through October 1, 2005, the amount equal to 12.69
percent.
``(B) On October 1, 2007, the amount equal to 11.17
percent.
``(3)(A) Unless otherwise authorized by law, the aggregate
amount of all credits to the
[[Page H8479]]
account, pursuant to the schedule set forth in paragraph (2),
shall be equal to the amount in section IX of the CCRD.
``(B) All amounts credited to the account shall be from
amounts in the Treasury not otherwise appropriated and shall
be available for expenditure without further appropriation
and without fiscal year limitation.
``(4) The property account may not be used until all
conveyances, relinquishments of selections, and adjustments
to entitlements described in the CCRD have been made to and
accepted by the United States. The Secretary of the Interior
shall notify the Secretary of the Treasury when all
requirements of the preceding sentence have been met.
Immediately thereafter the Secretary of the Treasury shall
comply with his duties under this paragraph including the
computations of the amount in the account, the amount that
may be expended in any particular Federal fiscal year, and
the balance of the account after any transaction. The
property account may be used in the same manner as any other
property account held by any other Alaska Native Corporation.
``(5) Notwithstanding any other provision of law, Calista
Corporation on its own behalf or on behalf of the village
corporations identified in the CCRD, may assign any or all of
the account upon written notification to the Secretary of the
Treasury and the Secretary of the Interior.
``(6) The Secretary of the Treasury shall notify the
Secretary of the Interior and Calista whenever there is a
reduction in the property account, the purpose for such
reduction and the remaining balance in the account. The
Alaska State Office of the Bureau of Land Management shall be
the official repository of such notices.
``(7) 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 that section, such revenues shall be calculated
in accordance with section IX of the CCRD.
``(8) The United States shall not be liable for the
redistribution of benefits by the Calista Corporation to the
participating Alaska Native village corporations pursuant to
this section.
``(9) These transactions are not based on appraised
property values and therefore shall not be used as a
precedent for establishing property values.
``(10) Prior to the issuance of any conveyance documents or
relinquishments and acceptance, the Secretary of the Interior
and the participating Native corporations may, by mutual
agreement, modify the legal descriptions included in the CCRD
to correct clerical errors.
``(11) Property located in the State of Alaska that is
purchased by use of the property account shall be considered
and treated as conveyances of land selections under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(12) The conveyance of lands, partial estates and land
selection rights and relinquishment or adjustments to
entitlement made by the Alaska Native Corporations pursuant
to this section and the use of the property account in the
Treasury shall be treated as the receipt of land or any
interest therein or cash in order to equalize the values of
properties exchanged pursuant to section 22(f) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1621(f)) as provided
in the first sentence in section 21(c) of that Act (43 U.S.C.
1620(c)).
``(13) With respect to the content of the CCRD, the
Secretary of the Interior, the Calista Regional Corporation,
and the participating village corporations agree upon the
lands, interests in lands, relinquishments and adjustments to
entitlement described therein that may be offered to the
United States pursuant to this section. These parties also
agree with the amounts to be made available in the property
account once all conveyances and relinquishments are
completed, and the parties agree with the needs set forth in
the congressional findings in section 6(a) of the ANCSA Land
Bank Protection Act of 1998. The parties do not necessarily
agree on the hortatory statements, descriptions, and
attributions of resource values which are included in the
CCRD as drafted by Calista. But such disagreements will not
affect the implementation of this section.
``(14) Descriptions of resource values provided for surface
lands which are not offered in the exchange and will remain
privately owned by village corporations form no part of the
consideration for the exchange.''.
SEC. 7. 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. 8. 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 during a fiscal year ending 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. 9. 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 subsection (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 other than as a result of reacquisition by
the United States after January 3, 1959, and
``(C) if any protest which is filed by the State of Alaska
pursuant to paragraph (5)(B) with respect to the application
is withdrawn or dismissed either before, on, or after the
date of the enactment of this paragraph.
``(8)(A) Any allotment application which is open and
pending and which is legislatively approved by enactment of
paragraph (7) shall, when allotted, be made subject to any
easement, trail, or right-of-way in existence on the date of
the Native allotment applicant's commencement of use and
occupancy.
``(B) The jurisdiction of the Secretary is extended to make
any factual determinations required to carry out this
paragraph.''.
SEC. 10. 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. 11. LOCAL HIRE REPORT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Interior shall
transmit to Congress a report.
(b) Local Hire.--The report required by subsection (a)
shall--
(1) 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);
(2) address the recruitment processes that may restrict
employees hired under subsection (a) of such section from
successfully obtaining positions in the competitive service;
and
(3) 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.
(c) Cooperation.--The Secretary of Agriculture shall
cooperate with the Secretary of the Interior in carrying out
this section with respect to the Forest Service.
SEC. 12. SHAREHOLDER BENEFITS.
Section 7 of the Alaskan Native Claims Settlement Act (43
U.S.C. 1606) is amended by adding at the end the following:
``(r) Benefits for Shareholders or Immediate Families.--The
authority of a Native Corporation to provide benefits to its
shareholders who are Natives or descendants of Natives or to
its shareholders' immediate family members who are Natives or
descendants of Natives to promote the health, education, or
welfare of such shareholders or family members is expressly
authorized and confirmed. Eligibility for such benefits need
not be based on share ownership in the Native Corporation and
such benefits may be provided on a basis other than pro rata
based on share ownership.''.
SEC. 13. SHAREHOLDER HOMESITE PROGRAM.
Section 39(b)(1)(B) of the Alaskan Native Claims Settlement
Act (43 U.S.C. 1629e(b)(1)(B)) is amended by inserting after
``settlor corporation'' the following: ``or the land is
conveyed for a homesite by the Trust to a beneficiary of the
Trust who is also a legal resident under Alaska law of the
Native village of the settlor corporation and the conveyance
does not exceed 1.5 acres''.
SEC. 14. SHORT TITLE.
This Act may be cited as the ``ANCSA Land Bank Protection
Act of 1998''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from California (Mr. Miller) each
will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 2000 is legislation I have introduced in
consultation with the Alaskan Federation of Natives. Considerable time
has been spent to resolve the Calista land exchange issue,
[[Page H8480]]
and I want to thank all parties involved for their commitment to
resolve this important land exchange for Calista.
This land exchange was authorized to provide Calista with a means of
economic self-sufficiency pursuant to the purposes of ANCSA. Under
Section 8126 of the Defense appropriations Bill, the Secretary of the
Interior and Calista were to determine a mutual agreement value for
Calista's land. However, the two parties have been unable to arrive at
a mutually agreeable value. Section 6 of this bill will eliminate this
impasse by establishing a total value to be credited to Calista's lands
and interests, as Congress has had to do in numerous other instances in
1976. In doing so Congress, will simply be providing the figure with
Calista and the Secretary of the Interior were unable to determine.
I have two letters of support for section 6, the Calista land
exchange, from six conservation organizations. Mr. Speaker, these
organizations stated their support for the Calista land exchange when
the lands offered by Calista was 28,000 acres of surface lands and
182,000 acres of subsurface lands. Calista has gone further in their
commitment to address conservation issues within the region by
increasing their surface acres to 56,577 and subsurface to 161,938
acres. The land package includes an overall of 218,515 acres of land,
one-third the size of Rhode Island. These five conservation
organizations recognize the fish and wildlife habitat of lands offered
for exchange by the Calista Corporation. All of these lands, interests
in land and subsurface estates in the exchange are located within the
Yukon Delta National Wildlife Refuge.
I would like to point out to the gentleman from California (Mr.
Miller), my esteemed colleague, that the white-fronted geese and
pacific brant are only a couple of the species which migrate to
California from the Yukon Delta National Wildlife Refuge. It appears to
me that Mr. Miller and I have birds of a feather which hold strong ties
between our respective States. Let us hope this will carry over to the
agreement of this important wildlife refuge land exchange.
Lastly, the language contained in Section 6 of the Calista land
exchange was coauthored by the Department of Interior, and the Calista
Corporation reached a consensus with this important land exchange in
America. At the request of the Department, Calista Corporation provided
legal descriptions of lands being exchanged, a conservation easement
agreement and added more surface lands. This was accomplished after
intense discussion and negotiation of the Department of Interior. The
language is also a product of efforts by Calista and the Department of
Interior to address issues which were raised by that Department, the
Office of Management and Budget, the General Services Administration,
the House Committee on the Budget and the Congressional Budget Office.
I urge my colleagues to support this important exchange for the good of
the environment on the terms which are very extensive and lengthy
negotiations to address all parties concerned. I urge my colleagues
again to support the passage of this legislation.
Mr. Speaker, I include the following for the Record:
The Calista Conveyance and Relinquishment Document (CCRD)
October 28, 1991
[Revised September 22, 1998]
(Revised September 22, 1998 to reflect changes to
previously included Calista parcels, additions of the NIMA
and The Kuskokwim Corporation (TKC) tracts to the lands being
offered, The TKC Conservation Easement, and other relevant
edits.)
Table Contents
Calista Conveyance and Relinquishment Document (CCRD)
I. Purpose
II. The Alaska National Interest Lands Conservation Act
III. The Calista Land Exchange
IV. Fish and Wildlife Habitat Values
V. Calista Land Package
VI. Summary
VII. Current Social Conditions
VIII. Prehistory of Yukon Delta Region
IX. Land Transaction Accounting
X. Description of the Lands, Interest in Lands and
Entitlements to Land to Be Conveyed
HAMILTON PARCEL
DALL LAKE PARCEL
NIMA PARCEL
HOOPER BAY PARCEL
SCAMMON BAY PARCEL
KUSILVAK PARCEL
KUSKOKWIM TRACT
CALISTA CORPORATION 14(h)(8) ENTITLEMENT
APPENDIX A: TKC Conservation Easement
APPENDIX B: Resolutions of Village Corporations
APPENDIX C: U.S. Fish and Wildlife Service Maps of Calista
Lands Package Parcels
Calista Conveyance and Relinquishment Document (CCRD)
I. Purpose
The purpose of this document is to identify the lands,
interests in lands, and entitlements to lands owned by
Calista Corporation and three Native Village Corporations
which are to be exchanged for property held by the U.S.
Government or otherwise conveyed to the United States,
pursuant to an agreement with the Calista Corporation and the
participating Native Village Corporations. The Calista
Corporation represents the largest rural Native population in
Alaska and includes some of the poorest economic conditions
in the States. Yet, under the Alaska Native Claims Settlement
Act formula, Calista received less land per capita than any
other regional corporation.
The underlying purposes of the Calista land exchange,
authorized by Section 8126 of P.L. 102-172, include--
(1) assisting Calista to convert its principal tangible
asset, its lands, to property that can be used to help the
Corporation remain viable, develop economically, and continue
to carry out its responsibilities as envisioned in ANCSA to
the people of the Calista Region; and
(2) helping to ensure and enhance the long-term
conservation of Native-owned fish and wildlife habitat
located within the boundaries of Yukon Delta National
Wildlife Refuge.
The Calista land exchange authorizes the exchange of
interests in land largely located within the boundaries of
the Yukon Delta National Wildlife Refuge owned by Calista
Corporation, NIMA Corporation, Nunapiglluraq Corporation, and
The Kuskokwim Corporation (Alaska native Village
Corporations) for other property owned by the federal
government. The Calista exchange has been modeled on other
post-ANCSA property settlements.
With respect to the content of the exchange, the Secretary
of the Interior, the Calista Regional Corporation and the
participating Native village corporations agree upon the
lands, interests in lands, relinquishments, and adjustments
to entitlement that may be offered to the United States
pursuant to this document and enacting legislation consistent
with its terms. The parties also agree with the amounts to be
made available in the property account once all conveyances
and relinquishments are completed and the needs which form
the basis for such amounts. The parties do not necessarily
agree on the hortatory statements and descriptions which are
included in this document, but such disagreements will not
affect the implementation of this exchange.
Descriptions of wildlife values are provided herein for
some surface lands which are not offered in the exchange and
which will remain privately owned by Native village
corporations. Such surface lands and any wildlife values or
other surface values of these lands form no part of the
consideration for the exchange.
II The Alaska National Interest Lands Conservation Act
The Calista land exchange involves interest in land which
are largely located within the boundaries of a National
conservation system unit established in 1980 by the Alaska
National Interest Lands Conservation Act (ANILCA) (P.L. 96-
487). Among other things, ANICLA significantly expanded the
National Wildlife Refuge System in Alaska.
Among the purpose of ANILCA are these--
``to preserve unrivaled scenic and geological values
associated with natural landscapes;
to provide for the maintenance of sound populations of, and
habitat for, wildlife species of inestimable value to the
citizens of Alaska and the Nation, including those species
dependent on vast relatively undeveloped areas;
to preserve in their natural state extensive unaltered
Arctic tundra, boreal forest, and coastal rainforest
ecosystems;
to protect the resources related to subsistence needs. . .
.''
Section 103(c) of ANILCA provides that if ``. . . a Native
Corporation . . . desires to convey any such lands, the
Secretary may acquire such lands . . . and any such lands
shall become part of the unit, and be administered
accordingly.''
ANILCA also provides that the purposes ``for which the
Yukon Delta National Wildlife Refuge is established and shall
be managed include--
(i) to conserve fish and wildlife populations and habitats
in their natural diversity including, but no limit to,
shorebirds, seabirds, whistling swans, emperor, white-fronted
and Canada geese, black brant and other migratory birds,
salmon, muskox and marine mammals; . . .
(iii to provide . . . the opportunity for continued
subsistence uses by local residents . . .''
consistent with the purposes of ANICLA and the Yukon Delta
National Wildlife Refuge, the lands in this exchange package
will become part of the Refuge upon completion
[[Page H8481]]
of the transactions authorized in the Calista land package.
III. The Calista Land Exchange
The Calista Corporation is an Alaska Native Regional
Corporation organized under authority of the Alaska Native
Claims Settlement Act (ANCSA) whose lands are located in
Southwestern Alaska. It includes more than 50 Yupik Villages
in the Yukon-Kuskokwim Delta.
The Calista land exchange involves a total of approximately
218,515 acres of land or interests in land, including 46,577
acres of surface fee and conservation easements protecting
the surface resources and habitat, and approximately 208,515
acres of subsurface estate, all within the YDNWR as well as
10,000 acres of entitlement to surface fee which may be
selected adjacent to the YDNWR. The actual acreage in the
conveyances is substantially larger than this because the
computation of acreage deletes lakes more than 50 acres in
size and rivers more than 198 feet in width. Title to these
water bodies will also be transferred to the United States if
the water bodies are not navigable. The subsurface lands in
this lands package are in a very deep sedimentary basin whose
geology indicates the potential for hydrocarbon deposits.
Thus far, exploration on Calista subsurface lands has been
minimal and at relatively shallow depths. If significant
hydrocarbon deposits are discovered, however, it would be
unlikely that such lands would be available for exchange or
acquisition in the future.
IV. Fish and Wildlife Habitat Values
All of the lands, interests in lands and subsurface estates
in the exchange located are within the Yukon Delta National
Wildlife Refuge in southwestern Alaska. Additionally, Calista
Corporation is offering an entitlement to 10,000 acres of
land. The Calista Region is a sedimentary basin created over
the millennia by the flow of the Yukon and Kuskokwim Rivers.
The region is composed of extensive wetlands, marshes, some
highlands and mountains, estuaries, streams and riverine
areas. Because of the character of the land, it has been for
centuries, and is today, a highly productive and principal
nesting area for countless thousands of shorebirds,
waterfowl, passerines and other wildlife. (See maps following
page 4)
Some of the waterfowl and other birds inhabiting this
region are: Spectacled Eider, Gyrfalcon, Tundra Swans, White-
fronted Goose, Steller's Eider, Bristle thighed Curlew,
Northern Goshawk, Swainson's Thrush, Golden Eagle, Snow
Geese, Peregrine Falcon, Gray Cheeked Thrush, King Eider,
Black Brant, Great Horned Owl, Blackpoll Warbler, Northern
Pintail, Cackling Canada Goose, Emperor Goose, Canvasback,
Wilson's Warbler, Arctic Tern, and Harlequin Duck.
Additionally, the Calista region is also home to wolves,
brown and black bear, moose, caribou, otter, fox and many
other species of wildlife, as well as all major species of
salmon, grayling, sheefish, rainbow trout, dolly varden,
blackfish, pike and four species of white fish.
According to the U.S.F.W.S. the following are a few of the
superlatives describing the Yukon Kuskokwim Delta/Calista
Region:
Up to 80% of the world population of Pacific black brant
breed or nest on the coastal fringe of the Yukon Koskokwim
Delta Region;
Virtually the entire breeding population of cackling Canada
geese nest in the Region;
Approximately 90% of the world's population of emperor
geese nest in the Region;
Almost all of the world's population of white-fronted geese
nest in the Region;
Sixty percent of the world's breeding bristle-thighed
curlew nest in the Region;
100% of the world's black turntone population inhabit the
Region;
Nesting by a majority of world's populations of Western
Sandpipers and Pacific dunlins;
Highest diversity of the world's large shorebirds;
Over 800,000 ducklings, or approximately 50% of the
statewide total, were produced from the region;
Eight species of raptors breed in this region.
Disclaimer: The information in this section regarding fish
and wildlife habitat values of the Yukon Delta National
Wildlife Refuge is intended to provide the reader with an
overview of the values attendant to the Refuge itself and is
not intended to relate those values to subsurface interests
offered in this proposal. Also, the fish and wildlife values
discussed in connection with subsurface parcels clearly
relate and are intended to relate to the overlying surface
estate regardless of whether the surface estate is included
in this proposal. For detailed information regarding the
birds which inhabit or have been identified as using the
lands in specific parcels in this lands package, please refer
to the document prepared by Calista, entitled ``Background
Information on Fish and Wildlife Habitat Resources of the
Yukon-Kuskokwim Delta Region and the Calista Native Regional
Corporation Land Exchange Parcels'' as revised 1997, which is
based on information gathered over the years from the Yupik
Eskimos who inhabit the Region and other sources.
V. Calista Land Package
The following chart lists the land parcels in the package.
------------------------------------------------------------------------
Parcel name and interest to be conveyed Acreage
------------------------------------------------------------------------
Dall Lake: Fee--Surface...................................... 12,486
Hamilton: Fee--Surface....................................... 7,135
Section 14(h)(8) Entitlement: Fee--Surface & Subsurface...... 10,000
Hooper Bay: Subsurface....................................... 21,190
Scammon Bay: Subsurface...................................... 77,512
Kusilvak: Subsurface......................................... 63,236
Calista Subsurface on TKC Surface: Subsurface................ 16,998
Calista Subsurface on NIMA Surface: Subsurface............... 9,958
TKC: Conservation Easement................................... 16,998
NIMA: Surface................................................ 9,958
Calista Subsurface on Hamilton Surface: Subsurface........... 7,135
Calista Subsurface on Dall Lake Surface: Subsurface.......... 12,486
------------------------------------------------------------------------
VI. Summary
------------------------------------------------------------------------
Parcel name and interest to be conveyed Acreage
------------------------------------------------------------------------
NIMA Lands: Fee--Surface & Subsurface........................ 9,958
Hamilton Lands: Fee--Surface & Subsurface.................... 7,135
TKC Lands: Conservation Easement & subsurface................ 16,998
Dall Lake: Fee--Surface & Subsurface......................... 12,486
Calista Section 14(h)(8) Entitlement: Entitlement to Surface 10,000
Fee & Subsurface............................................
----------
Total Fee and Conservation Easement+Subsurface........... 56, 577
Hooper Bay: Subsurface....................................... 21,190
Scammon Bay: Subsurface...................................... 77,512
Kusilvak: Subsurface......................................... 63,236
----------
Total Subsurface Only.................................... 161,938
------------------------------------------------------------------------
VII. Current Social Conditions
The state of living conditions for most of the Native
people of the Calista Region can be difficult for outsiders
to comprehend. Many of the basics of life which the rest of
America takes for granted--running water, flush toilets,
trash collection, paved roads, neighborhood schools, a doctor
in the community, an ambulance in time of medical emergency,
the fire department, a regular paycheck from a job, a public
library--barely exist within the region. The following
disturbing statistics reflect both causes and symptoms of the
problems endemic to the region. The Calista Region has:
The highest infant mortality rate in the Nation;
A concentration of the population under the age of five,
approximately 14.5%, among the highest in the Nation;
Rates of hepatitis, meningitis and tuberculosis that are
among the highest in the Nation;
Higher invasive cervical cancer rates than the rest of the
population, growing 335% at a time when rates for U.S. whites
and blacks decreased over 40%;
High rates of alcoholism, drug abuse and domestic violence;
Extraordinarily high suicide rates: 10% of all young men
will commit or attempt suicide by the age of 25;
Unemployment rates of between 60% and 90%;
Inadequate sanitation with limited running water or indoor
plumbing facilities;
The second highest rate of multi-generational housing in
Alaska, with 16.4% of the households containing three or more
generations per household;
The highest rate of household overcrowding in Alaska, with
nearly 81% of the houses in the Calista Region containing
less than 300 square feet;
The lowest level of education of all Americans, Alaska
Natives complete only an average of 9.3 years, compared to
12.5 years for all Americans; and
Teen pregnancy rates of more than twice the national
average.
The Calista land exchange is being pursued by the Calista
Corporation as a key element in its efforts to remain a
viable Native Regional corporation with the capacity to help
effectively address these social and health issues. The
exchange will help the Calista Corporation work for
improvements in basic community infrastructure and facilities
in the region. In the Calista Region, there are, at present,
few economic resources other than the fish and wildlife upon
which to base the economy. In addition, the exchange has the
potential to create business opportunities and expand
employment for the Region, thereby providing individuals
with greater means to help themselves and their
communities.
The Calista Region has never experienced economic booms
like other areas of the state. The Calista Region and its
residents were left out of the Trans-Alaska pipeline
construction boom. The Region was too far away to provide
services and village residents had neither the skills nor the
trade union membership necessary to get the jobs available
during construction of the pipeline. As local economies in
other areas of the state grew throughout the 1970's and
1980's, the Calista Region's economy, with the exception of
construction, actually declined and local residents became
even more dependent on state and federal monies for survival.
Government spending is the single most important component
of the Regional economy, as is the case in much of rural
Alaska. The stability of the Calista Region's economy has
been largely dependent upon outside public funding;
consequently the economy is very vulnerable to state or
federal budgetary and program adjustments. In 1990, it was
estimated that state and federal expenditures accounted for
approximately 65% of the total wages earned by the residents
of the Calista Region.
The growth of government, trade and services sectors has
resulted in more white collar/professional jobs in the
Region. However, most men living in the villages are trained
as blue collar workers and laborers so the Region has a
disproportionately high amount of blue collar labor available
for the few labor related jobs available. As a result, new
white collar jobs are often filled by outsiders coming into
the Region with the necessary skills.
[[Page H8482]]
VIII. Prehistory of Yukon Delta Region
The lands of this Region were probably inhabited from at
least 10,000 years ago to about 7,000 years ago by people of
the Paleo-Arctic Tradition. From about 7,000 years ago to
about 4,000 years ago people of the Northern Archaic
Tradition lived in the area. This tradition was followed by
the Arctic Small Tool Tradition, 4,000 to 3,000 years ago,
and by the Norton Tradition, from 3,000 to 1,000 years ago.
The archaeological record documents the lengthy human
habitation of the area and more importantly, the cultural
roots of the Region's contemporary Yupik inhabitation. The
cultural ancestors of present-day Western Region Yupik
Eskimos were living in and utilizing the subsistence
resources of the Region since about A.D. 1000.
While the Refuge has moderate populations of mammals,
including small furbearers, moose, caribou, and recently re-
established musk-ox, the primary wildlife resource is the
enormous populations of ducks, geese, swans, shorebirds, and
water birds that nest on the Delta. An estimated 100 million
waterfowl, shorebirds, and sea birds representing over 50
species use the Delta for nesting and for resting and feeding
during migration. A large percentage of the migrating birds
of the Pacific Flyway originate from the Yukon Delta. (See
maps in Appendix C).
The importance of the Delta as nesting grounds for North
American waterfowl increases yearly as productive prairie
pothole nesting habitats in the United States and Canada are
drained for agriculture or are lost to drought.
IX. Land Transaction Accounting
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 relinquishment and
conveyance by Calista (and where relevant, The Hamilton
Corporation, The Kuskokwim Corporation, or NIMA Corporation)
of the lands and interest in lands in this document shall be
based on and credited with, respectively, a total amount of
$39.4 million for the lands interests in lands and other
considerations referenced in this document. 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 compensation received by
Calista under Section 8126 subsection (b)(1) as amended for
subsurface estate listed in the Calista Conveyance and
Relinquishment Document.
X. Description of the Lands, Interest in lands and Entitlements to Land
To Be Conveyed
hamilton/yukon delta area--7,135 acres
Location. The Hamilton parcel is located near the delta
complex at the mouth of the Yukon River between Apoon Pass
and Nanvaranak Slough. It is approximately 20 miles south of
Norton Sound.
General Description. The Hamilton parcel consists of 7135
acres of combined surface and subsurface estate. The lands
are part of the wet muskeg coastal plain with slough, lake
and pond habitats. Several small sloughs head in the parcel
and dozens of small lakes and ponds and their adjacent
marshes and wetlands are scattered throughout the parcel.
Most of the land is less than 20 feet above sea level and the
dwarf tundra vegetation is underlain by sand and silty flood
plain material. The southern part of the parcel contains some
areas of deciduous shrub land and has more extensive grassy
marshlands and riverine habitats. The parcel is five miles
south of the Yukon River Delta unit of the historic Clarence
Rhode Wildlife Range and the abandoned Village of Hamilton.
Refuge Values of the Surface. The chief habitat and
wildlife value of the parcel is waterfowl nesting. The parcel
is contiguous to coastal plain habitat to the north and west,
and is used by geese, swans, sandhill cranes, ducks, loons,
and numerous shorebirds, including curlews, sandpipers, and
plovers. Maps of species distribution by density blocks,
produced by U.S. Fish and Wildlife, show the area to have
medium range densities for pintail ducks, scaup, and tundra
swans: one to four birds per square mile, and up to one per
square mile densities for Canada geese, Arctic loons, and
sandhill cranes. Other nesting birds include white-fronted
geese, scoters, shovellers, and mallards. Shorebirds of
several species are common to abundant. Whitefish,
sheefish (inconnu), and northern pike are common in the
sloughs and larger lakes. Furbearers such as mink, otter,
muskrat, beaver, Arctic and red fox are abundant, but
large mammals are rare due to the lack of protective
cover. The land has been assigned a medium priority rank
in the Alaska Priority System.
Hamilton Subsurface. The subsurface beneath the Hamilton
surface lands is part of the Yukon Delta/Norton Sound
Sedimentary Basin. Calista leased the Yukon Delta subsurface
lands to Amoco Exploration in 1978. These lands have also had
several generations of seismic survey work since the early
1970's and the area continues to receive oil industry
attention.
hamilton parcel (nunapiglluraq corporation and calista corporation
lands)
Nunapiglluraq Corporation (for the village of Hamilton)
will convey to the United States of America the surface
estate for the following described lands that it received in
Interim Conveyance No. 562, dated October 28, 1982. Calista
Corporation will convey to the United States of America the
subsurface estate for the following described lands that it
received in Interim Conveyance No. 563, dated October 28,
1982. Nunapiglluraq Corporation entitlement to lands under
Section 12 (a) and Calista Corporation rights under Section
14(f) of ANCSA will be reduced by the acreage specified in
the below described legal description.
Hamilton Parcel Land Description
Seward Meridian, Alaska, (Unsurveyed)
T. 31 N., R. 77 W.
Secs. 29 and 30.
Containing approximately 735 acres.
T. 31 N., R. 78 W.
Secs. 1 and 2;
Secs. 11 through 14;
Secs. 23, 24, and 25.
Containing approximately 5,440 acres.
T. 32 N., R. 78 W.
Sec. 35, S\1/2\.
Sec. 36.
Containing approximately 960 acres.
Aggregating approximately 7,135 acres.
dall lake area--12,486 acres
Location. The Dall Lake parcel is located along the
southeastern border of Dall Lake southeast of Bethel, Alaska,
about 30 miles from the Bering Sea waters of Etolin Strait.
It borders the eastern boundary of the Nelson Island unit of
the Clarence Rhode National Wildlife Range.
General Description. The Dall Lake parcel is a surface and
subsurface selection of approximately 12,486 acres. This
parcel consists of low elevation wetlands dotted with
innumerable lakes and ponds along the southeastern border of
Dall Lake, an extremely large inland lake covering more than
150 square miles. Wet muskeg tundra vegetation and lake
margins characterize the habitat at Dall Lake.
Refuge Values of the Surface. The Dall Lake parcel lies
within the Yukon-Kuskokwim lowlands unit of the Yukon Delta
NWR. This unit is largely wetlands, habitat for a diversity
of fish and wildlife including geese, ducks, swans,
shorebirds, moose, caribou, many species of fur bearers,
ptarmigan, and many other bird and mammal species.
The area is an important producer of ducks and is
significant as a staging area for thousands of snow geese
migrating to and from their nesting grounds on Wrangell
Island in the Soviet Far East. US Fish & Wildlife Service has
indicated high scaup nesting densities of four to 12 birds
per square mile, and pintail and scoter densities of one to
four per square mile in the area. Also occurring at densities
of one to four birds per square mile are tundra swans, Canada
geese, Arctic loons, and sandhill cranes. Other species noted
in aerial surveys within the parcel area were red-throated
loons, white-fronted geese, old squaw ducks, and mallards.
Both shorebirds and ptarmigan are common in the area.
Approximately 30 musk oxen use the Dall Lake area year
around. These musk oxen are part of the growing 100-head
mainland herd established on Nelson Island which is currently
expanding its range to inland parts of the refuge. Fur
bearers such as mink, otter, muskrat, and red fox are common
in the Dall Lake area and are important subsistence
resources. The lakes and waterways contain resident Arctic
char, whitefish, northern pike, cisco, and burbot, all used
by villagers for subsistence. The land has been assigned a
high priority in the Alaska Priority System.
Subsurface Values. The subsurface beneath the Dall Lake
surface lands is in the central portion of the Bethel/
Kuskokwim Delta Sedimentary Basin. Calista leased the Bethel
Basin lands to Shell Exploration in 1974. Like the Yukon
Delta area, these lands have had several generations of
seismic survey work since the early 1970's and the area
continues to receive oil industry attention. In 1962 a single
test well was placed on the flank of what is now defined as
the Bethel Basin. In the future it is likely that this
sedimentary basin, which is nearly the size of Oklahoma, will
receive more exploration.
DALL LAKE PARCEL (NIMA CORPORATION AND CALISTA CORPORATION LANDS)
The legal description below describes lands validly
selected by NIMA Corporation (for the village of Mekoryuk)
under Section 12(a) of ANCSA. NIMA Corporation will file an
irrevocable prioritization with the Bureau of Land Management
for all the lands described below. NIMA Corporation will
relinquish any and all selections pursuant to Section 12(a)
and 12(b) of ANCSA for the below described lands. NIMA
Corporation entitlement to lands under Section 12(a) of ANCSA
will be reduced by the acreage specified in the below
described legal description. Upon filing of the irrevocable
prioritization and relinquishment by NIMA Corporation, rights
to the subsurface estate in the lands described below, which
would accrue to Calista Corporation pursuant to Section 14(f)
of ANCSA, are extinguished and Calista Corporation will not
be entitled to substitute lands elsewhere by virtue of the
extinguishment. Additionally Calista Corporation shall file a
relinquishment to the in-lieu selections under Serial Number
AA-8099-1 top filed on any lands described below that are
identified for sale to the United States of America. Calista
Corporation rights under Section 14(f) of ANCSA will be
reduced by the acreage specified in the below described legal
description.
Dall Lake Parcel Land Description
Steward Meridian, Alaska Unsurveyed
T. 1 N., R. 82 W.
Secs. 23 through 36.
[[Page H8483]]
Containing approximately 7,716 acres.
T. 1 N., R. 83 W.
Sec. 25;
Secs. 26 and 27, excluding U.S. Survey 10449;
Sec. 28;
Secs. 33 through 36.
Containing approximately 4,770 acres.
Aggregating approximately 12,486 acres.
NIMA AREA--9,958 acres
Location. The NIMA parcel adjoins the Dall Lake parcel on
its northern border. It is located near the southeastern
shore of Dall Lake, southeast of Bethel, Alaska, about 30
miles from the Bering Sea waters of Etolin Strait.
General Description. The NIMA parcel is a surface and
subsurface conveyance of approximately 9,958 acres. This
parcel consists of low elevation wetlands and lakes and ponds
near the southeastern shore of Dall Lake, an extremely large
inland lake covering more than 150 square miles. Wet muskeg
tundra vegetation and lake margins characterize the habitat
at Dall Lake.
Refuge Values of the Surface. The NIMA parcel has the same
habitat and subsurface attributes as the Dall Lake parcel,
with which it is contiguous. Therefore, the Refuge and
Subsurface values are the same as for the adjoining Dall Lake
parcel.
NIMA PRACEL (NIMA CORPORATION AND CALISTA CORPORATION LANDS)
NIMA Corporation (for the village of Mekoryuk) will convey
to the United States of America the surface estate for the
following described lands it received in Interim Conveyance
No. 453, dated November 20, 1981. Calista Corporation will
convey the subsurface estate to the United States of America
for the following described lands that it received in Interim
Conveyance No. 454, dated November 20, 1981. Additionally
Calista Corporation shall file a relinquishment to the in-
lieu selections under Serial Number AA-8099-1 top filed on
any lands described below that are identified for sale to the
United States of America. NIMA Corporation entitlement to
lands under Section 12(a) and Calista Corporation rights
under Section 14(f) of ANCSA will be reduced by the acreage
specified in the below described legal description.
NIMA Parcel Land Description
Seward Meridian, Alaska, (Unsurveyed)
T. 1 N., R., 82 W.
Secs. 1 through 22.
Containing approximately 9,958 acres.
Aggregating approximately 9,958 acres.
Hooper bay area--21,190 acres
Location. The Hooper Bay parcel is located on Dall Point;
Kokechik Bay is on the north, Hooper Bay on the south, and
the Bering Sea to the west. It is adjacent to the Clarence
Rhode National Wildlife Range unit of the Yukon Delta
National Wildlife Refuge on its eastern border.
General Description. The Hooper Bay parcel consists of
subsurface estate. The surface is owned by Sea Lion
Corporation and is not offered as a part of this proposal.
The surface estate is coastal plain with innumerable small
ponds and lakes and several small sloughs. Most of the parcel
is below 50 feet in elevation. Long shore sand spits form
northern and southern extensions of the land, and dunes form
Dall Point itself. The village of Hooper Bay is located at
the mouth of Napareayak Slough on Hooper Bay.
Habitat Values of the Surface. Village corporation lands
overlying the offered subsurface estate include Kokechik Bay
frontage with some of the highest value habitat rankings on
the Yukon Wildlife Delta Refuge. Although acquisition of the
subsurface estate will prevent development of subsurface
resources and any related disruption of the surface, the
village corporation may develop the surface estate. These
lands are biologically productive, tide-influenced marshlands
critical to the Arctic nesting geese species. High densities
of nesting emperor, white fronted, and cackling Canada geese
utilize this rich marshland, and it is also important for
nesting swans, cranes, ducks, loons and abundant numbers of
several species of shorebirds. Northern pintails in the
coastal zone occur at three times the density that they occur
in the interior delta, averaging four to 12 per square mile
in F&WS aerial surveys. Scaup also occur at these densities
and other ducks such as old squaw, spectacled and common
eider, scoters, shovellers, and mallards also utilize the
habitat. The mudflats and sand spits in both bays are vital
feeding and staging areas for vast numbers of migrating
waterfowl and shorebirds.
Subsurface Values. These lands have been subject to oil and
gas leases twice in the recent past. The geology is
permissive of several mineral deposit types; however, there
are no known occurrences of minerals in this poorly explored
Region.
Hooper bay parcel (Calista corporation lands)
Calista Corporation will convey the subsurface estate to
the United States of America for the following described
lands that it received in Interim Conveyances Nos. 511, dated
May 28, 1982, and 579, dated December 22, 1982. The surface
estate of these lands is being retained by Sea Lion
Corporation (for the village of Hooper Bay). Calista
Corporation rights under Section 14(f) of ANCSA will be
reduced by the acreage specified in the below described legal
description. The surface acreage charged against Sea Lion
Corporation 12(a) entitlement will not be affected.
Hooper Bay Parcel Land Description
Seward Meridian, Alaska (Unsurveyed)
T. 17 N., R. 93 W.
Secs. 1 through 4;
Secs. 5 and 8;
Secs. 9 through 12;
Sec. 13 excluding F-14703 Parcel C;
Secs. 14 through 18;
Secs. 20 through 23;
Sec. 24, excluding F-14703 Parcel C.
Containing approximately 12,155 acres.
T. 18 N., R. 93 W.
Secs. 4 and 9;
Secs. 11 through 16;
Secs. 21 and 22;
Secs. 23 through 28;
Secs. 33 through 36.
Containing approximately 9,035 acres.
Aggregating approximately 21,190 acres.
scammon bay area--77,512 acres
Location. The Scammon Bay parcel is located on the Bering
Sea coast at Scammon Bay on the Yukon-Kuskokwim Delta.
General Description. The Scammon Bay parcel is a large
tract (25 miles long by up to 12 miles across) of subsurface
estate, whose surface estate is privately owned by Askinuk
Corporation, the Native corporation of Scammon Bay village,
is not involved in this conveyance. The parcel includes
77,512 acres of conveyed subsurface estate and remaining
subsurface entitlements at Scammon Bay. The parcel includes
about 20 miles of Bering Sea coastline.
The surface overlying this subsurface parcel consists of
several distinct habitats. There is a prominent, rocky,
mountainous upland to the south which is used by upland
ground-nesting birds such as ptarmigan, rock sandpipers,
golden and semi-palmated plovers, short-eared owls, and
jaegers. Steep rocky bluffs, fast, clear streams, and small
sheltered bays characterize the parcel's 14 miles of Bering
Sea shoreline on the southern shore of the bay. The mountains
rise to an elevation of 1,465 feet within the parcel. The
intrusive volcanic rock that forms the mountains is useful as
quarry material and is currently being extracted for an
airport improvement project at the village of Scammon Bay.
The southern border of the parcel is adjacent to the Kokechik
Bay/Paimuit unit of the Clarence Rhode Unit of the YDNWR
which has some of the most significant habitat values on the
Yukon-Kuskokwim Delta National Wildlife Refuge due to its
intensive use by Arctic nesting geese species.
To the north, the overlying habitat is a flat coastal plain
utilized by Arctic nesting geese such as the endangered
white-fronted geese, emperor geese and cackling Canada geese.
The coastal plain is dissected by the large, shallow meanders
of the Kun River and several smaller tributaries including
the Kikneak and Ear Rivers. Habitat includes tidal sloughs
and estuaries, beach ridges and swales, lake and pond shores,
and sedge meadows important to nesting and brood-rearing.
Habitat Values of the Surface. The offered Scammon Bay
surface parcel underlies Native land in the delta coastal
plain unit of the Yukon Delta NWR. Although acquisition of
the subsurface estate will prevent development of subsurface
resources and any related disruption of the surface, the
village corporation may develop the surface estate. The
dominant feature of this unit is vast wetlands characterized
by thousands of thaw lakes and ponds underlain by permafrost.
The freeze-thaw cycle coupled with regular tidal and riverine
flooding maintain a herbaceous wetland that is excellent
waterfowl habitat. It is considered the best goose-brant
nesting area in North America. Historically, one half of the
continental populations of brant nested on the coastal
fringe, as do nearly the entire populations of cackling
Canada and emperor geese. Most of the Pacific flyway
population of white-fronted geese also nest here. In addition
to cackling Canada geese, two other subspecies of Canada
geese--both Taverner's and lesser Canada geese--are also
found within this unit. The three subspecies appear to favor
slightly different zones with cacklers nesting in a ten mile
wide band closest to the sea, Taverner's moving inland
slightly, and lesser Canada's somewhat more inland.
These zones, however, do overlap. The area is also
considered part of the largest and most important shorebird
habitat in the Pacific Flyway. It is the largest single
expanse of intertidal habitat in North or South America, and
provides the major breeding grounds for North American
populations of black turnstone, dunlin, western sandpiper,
rock sandpiper, and bar-tailed godwit, as well as being an
important staging area for bristle-thighed curlews.
The periodic flooding of the tidal marshes of the coastal
plain creates a rich food source for nesting and rearing
young and contributes to goose, swan, and crane densities of
one to 12 per square mile with heaviest nesting densities
along the coast (US Fish & Wildlife aerial surveys). Pintail
and scaup (four to 12 per square mile), scoter (one to four
per square mile), old squaw, spectacled eiders, loons (up to
12 per square mile), and shorebirds also nest on the coastal
plain. Mink, otter, muskrat, beaver, and Arctic and red fox
are common to abundant.
Subsurface Values. These lands have been subject to oil and
gas leases twice in the recent past. The geology is
permissive of several mineral deposit types; however, little
is known of the occurrence of minerals in this poorly
explored Region. The known current
[[Page H8484]]
value of the subsurface estate in the Scammon Bay area is
based to a large extent on the ready supply of sand, gravel
and rock. This area is the only local source for these
materials in a Region where such materials are scarce and
costly.
scammon bay parcel (calista corporation lands)
Calista Corporation will convey the subsurface estate to
the United States of America for the following described
lands that it received in Interim Conveyances Nos. 573, dated
November 19, 1982, and 959, dated September 28, 1984. The
surface estate of these lands is being retained by Askinuk
Corporation (for the village of Scammon Bay). Calista
Corporation rights to lands under Section 14(f) of ANCSA will
be reduced by the acreage specified in the below described
legal description. The surface acreage charged against
Askinuk Corporation 12(a) entitlements will not be affected.
Scammon Bay Parcel Land Description
Seward Meridian, Alaska (Unsurveyed)
T. 20 N., R. 88 W.
Secs. 5 through 8;
Sec. 18, excluding F-19228 Parcel A and F-19234;
Sec. 19, excluding F-19234;
Sec. 20;
Secs. 26 and 27;
Sec. 28, excluding F-15947;
Sec. 29, excluding F-15947;
Sec. 30;
Sec. 35.
Containing approximately 6,685 acres.
T. 21 N., R. 88 W.
Secs. 9 through 16;
Secs. 21 through 31;
Sec. 32, excluding F-19043 Parcel B;
Sec. 33, excluding F-19229 Parcel A;
Secs. 34, 35, and 36.
Containing approximately 14,757 acres.
T. 20 N., R. 89 W.
Secs. 1 and 2;
Sec. 3, excluding F-18977 Parcel B;
Sec. 4, excluding F-18977 Parcel B and F-19229 Parcel A;
Secs. 5 and 6;
Secs. 7 and 8, excluding F-19233;
Sec. 9;
Sec. 10, excluding F-19045;
Secs. 11 and 12;
Sec. 13, excluding F-19234;
Sec. 14, excluding F-19043 Parcel A and F-19241;
Sec. 15, excluding F-19043 Parcel A, F-19045, and F-19241;
Sec. 16;
Secs. 17 and 18, excluding F-19233;
Secs. 19, 20, and 21;
Secs. 22 and 23, excluding F-19241;
Sec. 24, excluding F-19234;
Secs. 25 through 28;
Sec. 29, excluding F-19231 Parcel B;
Secs. 30, 31, and 32.
Containing approximately 17,259 acres.
T. 21 N., R. 89 W.
Secs. 5 through 10;
Secs. 15 through 23;
Secs. 25 through 30;
Secs. 32 through 36.
Containing approximately 14,616 acres.
T. 20 N., R. 90 W.
Secs. 1 through 4;
Secs. 11 through 30;
Sec. 31, excluding F-14759 Parce C;
Secs. 32 through 36.
Containing approximately 18,232 acres.
T. 20 N., R. 91 W
Sec. 11, excluding F-19041 and F-19223 Parcel B;
Secs. 12 and 13;
Sec. 14, excluding F-19041 and F-19223 Parcel B;
Sec. 15, excluding F-19223 Parcel B;
Sec. 16, excluding F-19039 Parcel B;
Secs. 17 through 20;
Sec. 21, excluding F-15023 Parcel A and F-19224;
Sec. 22, excluding F-19224.
Containing approximately 4,573 acres.
T. 20 N., R. 92 W.
Sec. 13, excluding F-19033 Parcel A, F-19044 Parcel B;
Sec. 14, excluding F-19039 Parcel A, F-19056 Parcel A, and F-
19221 Parcel B;
Secs. 23 and 24.
Containing approximately 1,390 acres.
Aggregating approximately 77,512 acres.
Any and all remaining rights that would accrue to Calista
Corporation pursuant to Section 14(f) of ANCSA beneath land
conveyed to Askinuk Corporation pursuant to Section 12(a) of
ANCSA are hereby extinguished and no substitute subsurface
will be conveyed to Calista Corporation. Any rights pursuant
to Section 12(a)(1) of ANCSA accruing to Calista Corporation
by virtue of any conveyance to Askinuk Corporation within the
boundaries of the Clarence Rhode Unit of the Yukon Delta
National Wildlife Refuge are unaffected.
kusilvak area--62,236 acres
Location. The Kusilvak parcel is located on the Black River
several miles west of the Kusilvak Mountains and
approximately twenty miles from the Bering Sea.
General Description. This parcel is a subsurface estate and
subsurface entitlement of 63,236 acres. It includes 41,688
acres of conveyed subsurface estate and 21,548 acres of
remaining subsurface entitlements. The surface estate is
owned by Sea Lion Corporation and is not part of the lands to
be conveyed. The Black River, a major waterway, runs for
about 15 miles through the parcel. The parcel is
characterized by coastal lowlands and river flood plains with
many large lakes and innumerable small lakes and ponds. The
Black River has formed numerous sloughs, oxbows, and cutoff
channels.
Habitat Values of the Surface. The offered Kusilvak
subsurface parcel underlies Native lands whose chief habitat
and wildlife value is waterfowl nesting. Although acquisition
of the subsurface estate will prevent development of
subsurface resources and any related disruption of the
surface, the village corporation may develop the surface
estate. The Native lands are used by Canada geese, swans,
loons, cranes, and many species of ducks, as well as
shorebirds. Population densities of northern pintails and
tundra swans have been mapped at 4 to 12 per square mile
based on USF&W aerial surveys. Canada geese, scaup, scoter,
cranes, and loons are common. Whitefish, sheefish (inconnu),
and northern pike are important resources of the Black River
and are heavily used for subsistence by nearby villages. Fur
bearers such as mink, otter, Arctic and red fox are abundant
in the parcel. There is moderate potential for summer and
winter range for the expanding mainland musk-ox herd, which
is occasionally seen in the southern part of the parcel.
Subsurface Values. These lands have been subject to oil and
gas leases twice in the recent past. The geology is
permissive of several mineral deposit types however there is
little known about mineralization in this poorly explored
Region. The current known value of the subsurface in the
Kusilvak area is based to a large extent on the ready supply
of sand, gravel and rock.
kusilvak parcel (calista corporation lands)
Calista Corporation will convey the subsurface estate to
the United States of America for the following described
lands that it received in Interim Conveyance No. 511, dated
May 28, 1982. The surface estate of these lands is being
retained by Sea Lion Corporation (for the village of Hooper
Bay). Calista Corporation rights under Section 14(f) of ANCSA
will be reduced by the acreage specified in the below
described legal description. The surface acreage charged
against Sea Lion Corporation 12(a) entitlement will not be
affected.
Kusilvak Parcel Land Description
Seward Meridian, Alaska (Unsurveyed)
T. 21 N., R. 84 W.
Sec. 6.
Containing approximately 525 acres.
T. 22 N., R. 84 W.
Sec. 31.
Containing approximately 508 acres.
T. 21 N., R. 85 W.
Secs. 2 through 7.
Sec. 18.
Containing approximately 4,231 acres.
Secs. 3 through 10;
Secs. 15 through 22;
Secs. 27 through 36.
Containing approximately 14,577 acres.
T. 23 N., R. 85 W.
Secs. 30, 31, and 32.
Containing approximately 1,623 acres.
T. 21 N., R. 86 W.
Sec. 4;
Sec. 5, excluding F-19237;
Sec. 6, excluding F-19238 Parcel A;
Secs. 13 and 14.
Containing approximately 2,185 acres.
T. 22 N., R. 86 W.
Secs. 19 through 25;
Secs. 28 through 31;
Sec. 32 excluding F-19237;
Secs. 33 and 36.
Containing approximately 7,574 acres.
T. 13 N., R. 86 W.
Secs. 11 through 15;
Secs. 21 through 26;
Sec. 27, excluding F-18428 Parcel A;
Sec. 28, excluding F-18428 Parcel A;
Sec. 29;
Secs. 32 through 36.
Containing approximately 10,465 acres.
Aggregating approximately 41,688 acres.
The following described lands include approximately 73,524
acres which have been validly selected by Sea Lion
Corporation (for the village of Hooper Bay) under Section
12(a) of ANCSA. Sea Lion Corporation has a remaining Section
12(a) entitlement of approximately 32,289 acres. Using a
portion of its remaining Section 12(a) entitlement, Sea Lion
Corporation will file an irrevocable prioritization with the
Bureau of Land Management for approximately 21,548 acres
consistent with ANCSA selection limitations at 43 C.F.R.
2651.4 from the lands described below. Upon filing of the
irrevocable prioritization, rights to the subsurface estate
which would accrue to Calista Corporation pursuant to Section
14(f) of the ANCSA are extinguished and no conveyance of the
subsurface estate will occur. Calista Corporation rights
under Section 14(f) of ANCSA will be reduced by the 21,548
acres specified above. At such time as the prioritized
surface is patented to Sea Lion Corporation, the surveyed
acreage will be charged against Sea Lion Corporation section
12(a) ANCSA entitlement.
Seward Meridian, Alaska (Unsurveyed)
T. 21 N., R. 83 W.
Sec. 3;
Secs. 6 through 10;
Secs. 15 through 18.
Containing approximately 5,616 acres.
T. 22 N., R.83 W.
Secs. 6 and 7.
Containing approximately 1,240 acres.
T. 21 N., R. 84 W.
Sec. 1;
Sec. 2, excluding F-18345 Parcel B;
Sec. 3, excluding F-16760 Parcel B and F-18345 Parcel A;
[[Page H8485]]
Sec. 4, excluding F-16760 parcel B;
Sec. 5;
Secs. 7, 8, and 9;
Sec. 10, excluding F-18394 parcel C and F-18345 parce A;
Secs. 11 through 15;
Sec. 24.
Containing approximately 8,142 acres.
T. 22 N., R. 84 W.
Secs. 1 and 2;
Secs. 11 and 12;
Sec. 14;
Sec. 19;
Sec. 23;
Sec. 26, excluding F-18566 Parcel B;
Secs. 27 through 30;
Sec. 32;
Secs. 33 and 34, excluding F-16760 Parcel B;
Sec. 35;
Sec. 36, excluding F-16922 Parcel B.
Containing approximately 9,681 acres.
T. 20 N., R. 85 W.
Secs. 5 through 9;
Secs. 16 and 17;
Secs. 20 and 21.
Containing approximately 4,873 acres.
T. 21 N., R. 85 W.
Sec. 1;
Secs. 8 through 12;
Sec. 16;
Sec. 17, excluding F-18394 Parcel B;
Secs. 20 and 21;
Secs. 27, 28, and 29;
Secs. 33, 34, and 35.
Containing approximately 9,035 acres.
T. 22 N., R. 85 W.
Secs. 23 through 26.
Containing approximately 1,715 acres.
T. 20 N., R. 86 W.
Sec. 1, excluding F-16922 Parcel A;
Sec. 2;
Sec. 12.
Containing approximately 1,845 acres.
T. 21 N., R. 86 W.
Secs. 1, 2, and 3;
Secs. 7 through 12;
Secs. 15 through 23;
Secs. 26, 27, and 28;
Sec. 29, excluding F-18798 Parcel A;
Secs. 30 and 31;
Sec. 32, excluding F-18976 Parcel B;
Secs. 33, 34, and 35.
Containing approximately 14,172 acres.
T. 20 N., R. 87 W.
Secs. 2 through 11;
Secs. 14, 15, and 16;
Secs. 17 and 18, excluding F-14705 Parcel B;
Secs. 19 through 23;
Sec. 25;
Sec. 26, excluding F-19226;
Sec. 27, excluding F-19226 and F-19227;
Sec. 28, excluding F-19227;
Secs. 29 through 32;
Sec. 33, excluding F-19227;
Sec. 34, excluding F-19226 and F-19227;
Sec. 35, excluding F-19226;
Sec. 36.
Containing approximately 17,205 acres.
Aggregating approximately 73,524 acres.
kuskokwim area--16,998 Acres
Location. This tract is located west and southwest of
Whitefish Lake, which is west of Aniak, Alaska.
General Description. This tract consists of open tundra
with abundant lakes and ponds. The tract includes a
conservation easement on the surface estate, which is owned
by the Kuskokwim Corporation, a village corporation, and
Calista Corporation's subsurface estate in the corresponding
acreage.
Refuge Values of the Surface. The Whitefish Lake area is
generally upland tundra with some associated wetland habitat.
This is a staging area for waterfowl in the spring and fall.
Unlike much of the delta, black spruce stands grow on this
parcel, which harbors passerines, raptors, owls, and eagles.
The area provides habitat for populations of moose and brown
and black bear. The Mulchatna caribou herd winters near
Whitefish Lake. White fronted and Canada geese visit the
area, as well as several species of puddle and diving ducks,
including canvas back, scoter, and scaup. Fur-bearers
including mink, fox, and wolves utilize the area. The land
has been assigned a medium to low priority rank in the
U.S.F.W.S. Refuge Priority System.
Subsurface Values. Whitefish Lake is at the eastern end of
the Bethel Basin, which is prospective for hydrocarbons.
There are reports of gas seeps at Whitefish Lake. The area
lies just west of the mouth of the gold placer bearing Ophir
Creek, where active mining claims exist.
kuskokwim tract
(The Kuskokwim Corporation and Calista Corporation Lands)
The Kuskokwim Corporation (successor in interest to Lower
Kalskag, Incorporated) will convey a conservation easement to
the United States of America (Appendix A hereto) on the
surface estate of the following described lands that it
received in Interim Conveyance No. 745, dated September 30,
1983. Calista Corporation will convey to the United States of
America the subsurface estate to the following described
lands that it received in Interim Conveyance No. 746, dated
September 30, 1983. The Kuskokwim Corporation entitlement to
lands under Section 12(a) and Calista Corporation rights
under Section 14(f) of ANCSA will be reduced by the acreage
specified in the below described legal description.
Kuskokwim Parcel Land Descripton
Seward Meridian, Alaska (Unsurveyed)
T. 14 N., R. 60 W.
Sec. 7;
Secs. 8 and 9, excluding USS 10010;
Secs. 16 through 21.
Containing approximately 5,130 acres.
Seward Meridian, Alaska (Surveyed)
T. 14 N., R. 61 W.
Secs. 1 and 2;
Sec. 11, excluding Lots 1 and 2 of USS 10063;
Sec. 12, excluding Lot 2 of USS 10063;
Sec. 13:
Sec. 14, excluding Lot 3 of USS 10063;
Sec. 23, excluding Lot 4 of USS 10063;
Sec. 24.
Containing approximately 4,473 acres.
T. 15 N., R. 61 W.
Secs. 1 and 2, excluding USS 10002;
Sec. 3;
Secs. 11 and 12, excluding USS 10002;
Sec. 13, excluding Lot 2 of USS 10013;
Sec. 14;
Sec. 23;
Sec. 24, excluding Lot 2 of USS 10013;
Secs. 25 and 26;
Secs. 35 and 36.
Containing approximately 5,625.01 acres.
T. 16 N., R. 61 W.
Secs. 33, 34, and 35.
Containing approximately 1,770 acres.
Aggregating approximately 16,998.01 acres.
SECTION 14(h)(8) ENTITLEMENT--10,000 acres
This entitlement is to surface and subsurface estate and
can be selected from Federal lands within the Calista Region.
Calista Corporation is currently under-selected under
subsection 14(h)(8). It is Calista's position that because
this entitlement predates expansion of the Yukon Delta
National Wildlife Refuge by ANILCA, Calista retains the right
to select in those portions of the Refuge which were not
withdrawn prior to ANILCA. The U.S.F.W.S. disagrees and
asserts that Section 304 of ANILCA bars the exercise of
selection rights within the refuge. Even if the U.S.F.W.S.
position is correct, the entitlement could be used to select
lands adjacent to the Refuge.
The 14(h)(8) entitlement will be used to select Federal
lands which contain prospective oil and gas horizons,
potential mineral deposits, or surface estate development
potential, such as real estate projects, hydroelectric power,
and commercial uses such as fish processing.
Calista is currently leasing several 14(h)(8) tracts to
various mineral exploration companies. Federal acceptance of
this entitlement will help limit potential adverse impacts on
the Refuge.
CALISTA CORPORATION 14(h)(8) ENTITLEMENT
Calista Corporation agrees to the extinguishment of 10,000
acres of its Section 14(h)(8) entitlement under ANCSA.
Recognizing that the various parcels being conveyed by
Nunapiglluraq, NIMA, Kuskokwim, and Calista Corporation,
which are described above, have not been surveyed, the
Corporations affected shall neither receive any gain nor bear
any loss, as a result of any future survey of these lands.
In those instances in which Calista Corporation is
conveying the subsurface estate under retained or selected
village Corporations surface lands, Calista Corporation
agrees that it shall neither receive any gain nor bear any
loss, as a result of any future survey of the surface of
these lands.
Pursuant to Section 901 of ANILCA, 43 U.S.C. 1631 as
amended, the submerged beds of meanderable lakes, rivers, or
streams have been estimated using Bureau of Land Management
Master Title Plats and will not be charged against the
acreage entitlement of ANCSA corporations participating in
this legislation. Upon aquisition of uplands which abut or
surround non-navigable lakes, rivers, or streams, title to
the lands under said water bodies attributable to the uplands
conveyed to the United States shall vest in the United
States.
The term in-lieu refers to the right of the Regional
Corporation established under Section 123(a)(1) to select the
subsurface estate in an equal acreage from outside the
boundaries of refuges established prior to ANCSA.
Any lands hereafter conveyed by the United States to any
person pursuant to the Alaska Native Allotment Act or Section
905 of ANILCA or any amendment or supplement to either such
statute from the lands conveyed or relinquished to the United
States pursuant to this contract shall not cause any
adjustment in the acreage charged to the entitlement of any
of the corporations participating in this contract nor shall
any additional entitlement accrue to any of the foregoing
corporations by virtue of any such conveyance by the United
States.
____
The Conservation Fund,
Shepherdstown, WV, September 22, 1995.
Hon. Ted Stevens,
U.S. Senate, Washington, DC.
Dear Senator Stevens: As I understand it, you are
considering legislative steps to implement the land exchange
authorized in P.L. 102-172 for the benefit of the Calista
Corporation and of the Yukon Delta National Wildlife Refuge.
I am writing to you to voice my support for efforts in
Congress to complete this exchange, which I believe would be
of substantial benefit to the conservation of wildlife refuge
resources in the Yukon Delta region.
By way of background, as you may know, I was with the U.S.
Fish and Wildlife Service (USFWS) for 24 years. Three of
those years were spent as the Alaska Regional Director of the
USFWS from 1983 until 1987 and two years as the Associate
Director in Washington, D.C. Since my retirement from
government, I have served as the Director of
[[Page H8486]]
Science for the Conservation Fund, a publicly supported non-
profit organization dedicated to advancing land and water
conservation.
From studying the Calista land exchange, it appears that
approximately 28,000 acres of fee or fee entitlement would be
involved and 182,000 acres of subsurface estate. Given the
nature of the lands in the Yukon Delta region, acquiring the
subsurface estate as proposed will go a long way toward
conserving the resources of the surface estate which contains
critical fish and wildlife habitat in the northern sector of
the Pacific Flyway. This is a wildlife refuge of tremendous
resources clearly worthy of special conservation efforts.
The exchange would make productive and creative use of
certain excess or surplus government property in exchange for
lands and interests in lands to be conserved. This seems to
be a sensible approach to assist conservation while at the
same time providing a means to enable an Alaska Native
Corporation to serve the most populous, undeveloped and the
poorest Native region in the state. This is especially true
considering the few dimes on the excess or surplus property
dollar often associated with the sale of such lands in the
Federal portfolio.
I know that it has been difficult bringing this exchange to
a successful conclusion. I believe, as you apparently do,
that the time has come to resolve this in an expeditious way
that is fair and reasonable for the landowner and for the
government. As in the past, when a process gets so bogged
down for whatever reason, that is it unable to deal fairly
and effectively with an issue, it is likely that the Congress
will need to step in to help achieve an equitable resolution.
It appears that is the case here.
Thank you again for your consideration of my views on this
matter and I strongly urge you and your colleagues to take
action soon to implement this land exchange.
Sincerely,
Robert E. Putz, Ph.D.
____
National Audubon Society,
Anchorage, AK, July 10, 1996.
Hon. Don Young,
House Resources Committee,
Longworth House Office Building,
Washington, DC.
I'm writing on behalf of the National Audubon Society
including its 2,200 Alaska members to support your
legislative efforts to achieve a land exchange authorized in
P.L. 102-172 for the benefit of the Calista Corporation on
the Yukon Delta National Wildlife Refuge.
Audubon recognizes the Yukon Delta National Wildlife Refuge
as among the premier waterfowl production areas on the
continent. Its wetland habitats produce an annual fall flight
of geese, ducks and swans that benefit thousands of hunters
and other wildlife enthusiasts throughout the Pacific Flyway.
Most importantly, these waterfowl along with millions of
other migratory birds, fish and game animals constitute the
mainstay of the region's subsistence economy.
After having worked with Calista and other partners for
some 10 years on the Yukon-Kuskokwim Delta Goose Management
Plan, we are convinced that the majority of their
stockholders fully realize how essential the protection of
fish and wildlife habitat through flyway-wide cooperation is
to the future of their people and the wildlife that grace
their lives. Through the goose management plan, and with
Calista's cooperation, we are achieving great success in
restoring seriously depleted goose populations to healthy
levels. The proposed land exchange will further enhance these
and other joint efforts to conserve refuge fish and wildlife.
We know that Calista has worked long and hard to negotiate
a fair and equitable administrative land exchange with the
Department of the Interior, but to no avail. Thus it appears
congressional action is required to resolve the matter in a
way that is most fair to Calista stockholders while providing
greater protection to refuge resources of great state and
national significance. We believe this can be accomplished by
exchanging approximately 28,000 acres of surface and 182,000
acres of subsurface estate for certain excess or surplus
government properties as P.L. 102-172 provides. With federal
acquisition monies becoming increasingly scarce, this seems
an innovative and practical approach to better conserve our
nation's wildlife heritage while helping the Calista
Corporation and its stockholders better secure their economic
future. In other words, this should be a win-win solution for
all concerned.
Thank you for your leadership on this important issue,
Congressman Young, and for your consideration of our views.
Sincerely,
David R. Cline,
Senior Wildlife Counselor.
____
The Coastal Coalition,
Anchorage, AK, June 24, 1996.
Speaker Newt Gingrich,
Rayburn House Office Building,
Washington, DC.
Dear Speaker Gingrich: I am writing to you in strong
support of the Calista land exchange in H.R. 2506 and urge
that you act on this measure as quickly as possible. As a
long time resident of Alaska and someone concerned with
conservation and sustainable economic development, I cannot
overstate to you how important this exchange is--both to the
people and the resources of the Calista region.
The Calista land exchange involves outstanding fish and
wildlife habitat located within the Yukon Delta National
Wildlife Refuge (YDNWR). The Yukon Delta is one of the most
unique and productive delta ecosystems in the world. And, it
is a place of my heart.
Twenty years ago, I first experienced the Yukon Delta as my
brother and I paddled by canoe over two thousand miles from
the Great Slave Lake in the Northwest Territories of Canada
across the old fur-trade route to the Yukon river, and then
down to the Bering Sea. To us, the Yukon Delta had become an
almost mythical destination. But, by the time we had reached
the delta, we had become excited about ``ending'' our
expedition, sponsored by Old Town Canoe Company, and we were
eager to fly out. What we found there surprised and delighted
both of us--a gentle and calm beauty and abundance neither of
us had anticipated. This was, in our two-thousand mile
journey, one of the most special places we had encountered.
We decided to stay awhile.
Later, as the University of Alaska's marine extension agent
for western Alaska for several years based in Kotzebue. I
returned to the area many times attempting to help the local
people develop a commercial economy. I came to realize then
what I learned at the end of our canoe expedition--that the
highest and best use of this delta was in preserving it
intact, just as it was.
This is something that I think the local people came to
realize long ago. Thousands of geese, ducks, loons, cranes,
and swans, as well as seabirds and shorebirds migrate to this
spectacular refuge every summer to breed and raise their
young. The wetlands that exist on the Calista inholdings with
the refuge provide critical habitat for many species of
birds, fish, and mammals, making these areas an integral part
of the ecosystem. Because wildlife do not often subscribe to
politically constructed boundaries, any consideration for
conserving this extraordinary ecosystem as a national
wildlife refuge must include the Calista lands. It is crucial
that Calista lands be protected in a manner consistent with
the management objectives of the refuge.
Unlike some Alaska Native corporations, it has been very
difficult for the native people of the Calista region to
translate their land endowment into financial capital that
can be used to provide shareholder dividends and to develop
real, long-term cash economies.
Thus, the exchange proposed in H.R. 2505 is somewhat
sublime--surplus federal property for conservation. It could
well become the U.S. version of the debt-for-nature exchanges
now underway between international lending institutions and
third-world countries to preserve dwindling habitat.
This exchange, if approved, will help to protect ancestral
lands and wildlife habitat, and it will provide Calista the
money with which to hopefully jumpstart profitable ventures
elsewhere. I hope your action might also help alleviate other
social problems in the region, such as the alarmingly high
rates of suicide, infant morality, hepatitis, meningitis,
tuberculosis, alcoholism and unemployment.
This is a chance to do something right, that will be
remembered as such in history. Seldom do we get such a
chance. it is my sincere hope that this exchange will be the
first of many, bringing conservation, social, cultural, and
economic benefits to rural Alaska.
I urge that you take immediate action to ensure that this,
and many other similar exchanges, are enacted.
Sincerely,
Rick Steiner.
____
Ducks Unlimited Inc.,
Washington, DC, June 21, 1996.
Hon. Don Young,
Hon. George Miller,
Committee on Resources, House of Representatives, Washington,
DC.
Dear Mr. Young and Mr. Miller: We are aware of a pending
land trade between the federal government and Calista Native
Corporation. The area that would be acquired by the U.S. Fish
and Wildlife Service in this swap is land that serves as a
very important waterfowl breeding area for the Pacific and
Central flyways of North America. Substantial portions of the
populations of several waterfowl and other bird species use
the Yukon-Kuskokwim river delta for breeding and as staging
and stopover habitat in their annual migratory cycle.
I understand that you have legislation under consideration
that will facilitate a situation that allows the Fish and
Wildlife Service to acquire these lands. Ducks Unlimited is
in favor of assuring that these lands will be kept in a
condition that will allow these birds maximum opportunity to
complete their life cycle needs.
Sincerely,
Scott Sutherland,
Director of Governmental Affairs.
____
Herndon, VA,
September 18, 1995.
Hon. Don Young, Chairman,
House Resources Committee, Washington, DC.
Dear Mr. Chairman: It has been brought to my attention that
you are considering early actions to further the land
exchange involving the Calista Regional Corporation (Calista)
originally authorized by P.L. 102-172. As an individual with
lengthy involvement in the implementation of the Alaska
Native Claims Settlement Act, passage of the Alaska National
Interest Lands Conservation Act, and numerous related Alaska
issues including efforts to achieve completion of the Calista
land exchange, I am writing this brief letter to express my
support
[[Page H8487]]
for actions that will further a fair and equitable exchange
that benefits both the shareholders of Calista and the
conservation interests of the Federal Government. You may
recall that for nearly eight years I was in charge of the
Fish and Wildlife Service efforts to support the
Administration's proposals under Section 17(d)(2) of the
ANCSA. In that capacity, I was directly involved with many
discussions in the Calista Region regarding long-term
cooperation on land and resource issues between the
government and the Native leaders in the region and villages.
Since leaving that FWS position, I continued having periodic
involvement in Alaska matters. I am thoroughly familiar with
the exchange provision in law and the efforts made by Calista
to reach accord with the Department of the Interior.
It has been my intent to write you a more detailed analysis
of the difficulties that have afflicted the Calista exchange
and to offer my support for your efforts to remove major
impediments. The suddenness of the potential actions in your
committee necessitate sending this shorter communication on
the subject.
The Calista Corporation has invested substantial resources
and time in their efforts to resolve concerns within the
Department of the Interior and to move forward with an
exchange that represents fairness to the corporation and
reasonable benefits to the government. Unfortunately, even
with those tangible and resolute overtures by Calista, the
exchange process never achieved the level of meaningful two-
way communications necessary to resolve serious differences
in approach. Thus, although I had sincerely hoped that a
beneficial and just reconciliation of differences would be
negotiated, there has been no real progress in this matter
for more than a year.
Mr. Chairman, even while we have had differences through
the years, each of us has worked in his own way for self-
determination, fairness and equity for the Native peoples of
your great state. I believe that Calista has made an
honorable offer of lands and interests in lands that would
benefit the long-term conservation and management of the
Yukon Delta National Wildlife Refuge. They have sought
fairness in the terms of the exchange, but they have been
unable to engage the Interior Department representatives in
meaningful negotiations. It appears necessary and important
for you to assist Calista toward a just exchange arrangement
that also provides the refuge with benefits at a fair cost. I
will strongly support actions to accomplish those worthy
goals.
Sincerely yours,
William C. Reffalt.
____
California State Division, The Izaak Walton League of
America,
June 11, 1996.
Hon. Don Young, Chairman,
House Resources Committee, Washington, DC.
Dear Mr. Chairman: The California Division of the Izaak
Walton of America is a non-profit grassroots organization
who's members are dedicated to outdoor recreation and the
conservation and the preservation of our natural resources.
On behalf of the 500 members statewide. I am writing to offer
my support of legislation that would facilitate the Calista
Land transfers authorized by Congress in 1991 and urge that
this important measure be enacted expeditiously.
This measure would help conserve and protect critical
wildlife habitat located within the Yukon Delta National
Wildlife Refuge (YDNWR) in the Calista region of Alaska. Much
of the terrain involved provides a low lying coastal habitat
for waterfowl, fish and other wildlife typical of the Calista
Region and the YDNWR. The YDNWR was established in 1980,
pursuant to the Alaska National Interest Lands Act, to
protect nesting and breeding habitats for large numbers of
migratory birds. Millions of geese, duck, loons, cranes, and
swans, as well as shorebirds and seabirds migrate to the
spectacular refuge every summer to breed and raise their
young. The wetlands that exist on these in holdings are world
class and serve as unparalleled habitat for many species of
birds and other wildlife.
The specific wildlife that would be protected by this
exchange is outstanding. For example, Pacific Bract, White
Fronted Geese, Cackling Canada Geese and Emperor Geese nest
on the parcels in the exchange. These birds are all ``species
of Concern'' under the Migratory Bird Treaty Act. Their
numbers have been declining precipitously. All waterfowl in
the refuge, except for the Emperor Geese, sue the Pacific
flyway, wintering over at various locations along the U.S.
West Coast and Mexico. In addition, most shorebirds nesting
in the refuge also migrate along this flyway, wintering as
far away as South America. Wintering overgrounds are where
birds spend at least half of their lives. Securing the
stability of these waterfowl populations' nesting and
overwintering grounds must remain a priority if these
populations are to thrive. The Calista land exchanges would
greatly enhance this overall protection.
The Calista exchange involves both surface and sub-surface
estates. Given the access and other rights of the subsurface
estate owner to use and otherwise disturb the surface estate,
in order to adequately protect the wildlife and associated
habitats, it is imperative that the subsurface estate be
protected as well. Consequently, acquisition of subsurface
estates is crucial to carrying out the overall purposes of
the refuge.
In closing, if adequately protected, the wilderness lands
offered by the Calista inholdings will create a legacy of the
world class natural resources in the Yukon Delta National
Wildlife Refuge that can be shared by anglers, hunters,
boaters, ecotourists, wildlife viewers and subsistence users
alike.
Sincerely,
Samuel A. Carr Jr.,
National Director.
Mr. YOUNG of Alaska. Mr. Speaker, I reserve the balance of my time.
Mr. MILLER of California. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. MILLER of California asked and was given permission to revise
and extend his remarks.)
Mr. MILLER of California. Mr. Speaker, I urge strong support of this
legislation, and I want to commend the gentleman from Alaska (Mr.
Young) for his long and difficult negotiations and successful
negotiations to work out this legislation, and I want to recognize the
contribution of Deborah Williams and many others at the Department of
Interior who have worked hard to develop this consensus legislation.
Again, I thank the gentleman for all his efforts in developing this
consensus legislation, and I urge the passage of this legislation.
Mr. Speaker, H.R. 2000 is the third generation of Alaska Native
technical amendment bills. The fundamental premise is that these bills
are developed on a consensus basis between the Alaska Federation of
Natives, the Department of the Interior, the State of Alaska, and other
affected parties. The notion is to avoid controversy, leaving those
battles to other bills and other forums.
And while there have been bumps in the road, the two previous Alaska
Native technical amendment bills have become law and it appears that
H.R. 2000 is now also acceptable to the Administration.
One of the more difficult issues in this bill involves the
acquisition of lands owned by Calista corporation and Native village
corporations which lie within the boundaries of the Yukon Delta
National Wildlife Refuge. This acquisition was first authorized on a
rider added by the Senate to the FY 1990 Defense Appropriations Act,
and the process of reaching agreement between Calista and the
Department of the Interior has been far from smooth.
But we now have before us an agreement which has been carefully
negotiated and is acceptable to both parties. Calista and the villages
will receive federal property worth $39.4 million and in exchange the
U.S. Fish and Wildlife Service will acquire refuge inholdings totaling
over 200,000 acres of subsurface and over 46,000 acres of surface lands
and easements. The Yukon Delta Wildlife Refuge provides critical
habitat for migratory waterfowl and birds on the Pacific Flyway.
The value of the Native lands is established in this legislation at
$39.4 million, but does not reflect fair market value as established by
Fish and Wildlife Service appraisals. Instead, in the judgment of the
Department of the Interior, this is the price tag that is necessary to
make this a willing seller transaction. The payments in excess of fair
market value are considered to be a grant of federal assets which are
needed to recapitalize Native corporations in the most economically
deprived region of Alaska.
As noted in the description of current social conditions set forth in
the land conveyance document, the state of living conditions for most
of the Native people of the Calista region can be difficult for
outsiders to comprehend. Most of the basics of life which the rest of
America takes for granted--such as running water and flush toilets--
barely exist within the region. Among many serious problems, this area
has the highest infant mortality rate in the Nation. It is for these
reasons that the Administration is willing to exchange more
economically valuable assets for the Calista properties within the
wildlife refuge boundaries.
Mr. Speaker, I want to especially recognize the contributions of
Deborah Williams and many others at the Department of the Interior who
have worked very hard to develop this consensus legislation. I thank
the Chairman for bringing H.R. 2000 before the House and I urge support
for the bill.
Mr. YOUNG of Alaska. Mr. Speaker, I have no further requests for
speakers, and I yield back the balance of my time.
Mr. MILLER of California. I, too, Mr. Speaker, 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. 2000, 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.
[[Page H8488]]
A motion to reconsider was laid on the table.
____________________