[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.

                          ____________________