[Congressional Record Volume 145, Number 157 (Tuesday, November 9, 1999)]
[House]
[Pages H11718-H11720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              ELIM NATIVE CORPORATION LAND RESTORATION ACT

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3090) to amend the Alaska Native Claims Settlement 
Act to restore certain lands to the Elim Native Corporation, and for 
other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3090

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

     SECTION 1. ELIM NATIVE CORPORATION LAND RESTORATION.

       Section 19 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1618) is amended by adding at the end the following 
     new subsection:
       ``(c)(1) Findings.--The Congress finds that--
       ``(A) approximately 350,000 acres of land were withdrawn by 
     Executive Orders in 1917 for the use of the United States 
     Bureau of Education and of the Natives of Indigenous Alaskan 
     race;
       ``(B) these lands comprised the Norton Bay Reservation 
     (later referred to as Norton Bay Native Reserve) and were set 
     aside for the benefit of the Native inhabitants of the Eskimo 
     Village of Elim, Alaska;
       ``(C) in 1929, 50,000 acres of land were deleted from the 
     Norton Bay Reservation by Executive Order.
       ``(D) the lands were deleted from the Reservation for the 
     benefit of others;
       ``(E) the deleted lands were not available to the Native 
     inhabitants of Elim under subsection (b) of this section at 
     the time of passage of this Act;
       ``(F) the deletion of these lands has been and continues to 
     be a source of deep concern to the indigenous people of Elim; 
     and
       ``(G) until this matter is dealt with, it will continue to 
     be a source of great frustration and sense of loss among the 
     shareholders of the Elim Native Corporation and their 
     descendants.
       ``(2) Withdrawal.--The lands depicted and designated 
     `Withdrawal Area' on the map dated October 19, 1999, along 
     with their legal descriptions, on file with the Bureau of 
     Land Management, and entitled `Land Withdrawal Elim Native 
     Corporation', are hereby withdrawn, subject to valid existing 
     rights, from all forms of appropriation or disposition under 
     the public land laws, including the mining and mineral 
     leasing laws, for a period of 2 years from the date of 
     enactment of this subsection, for selection by the Elim 
     Native Corporation (hereinafter referred to as `Elim').
       ``(3) Authority to select and convey.--Elim is authorized 
     to select in accordance with the rules set out in this 
     paragraph, 50,000 acres of land (hereinafter referred to as 
     `Conveyance Lands') within the boundary of the Withdrawal 
     Area described in paragraph (2). The Secretary is authorized 
     and directed to convey to Elim in fee the surface and 
     subsurface estates to 50,000 acres of valid selections in the 
     Withdrawal Area, subject to the covenants, reservations, 
     terms and conditions and other provisions of this subsection.
       ``(A) Elim shall have 2 years from the date of the 
     enactment of this subsection in which to file its selection 
     of no more than 60,000 acres of land from the area described 
     in paragraph (2). The selection application shall be filed 
     with the Bureau of Land Management, Alaska State Office, 
     shall describe a single tract adjacent to U.S. Survey No. 
     2548, Alaska, and shall be reasonably compact, contiguous, 
     and in whole sections except when separated by unavailable 
     land or when the remaining entitlement is less than a whole 
     section. Elim shall prioritize its selections made pursuant 
     to this subsection at the time such selections are filed, and 
     such prioritization shall be irrevocable. Any lands selected 
     shall remain withdrawn until conveyed or full entitlement has 
     been achieved.
       ``(B) The selection filed by Elim pursuant to this 
     subsection shall be subject to valid existing rights and may 
     not supercede prior selections of the State of Alaska, any 
     Native corporation, or valid entries of any private 
     individual unless such selection or entry is relinquished, 
     rejected, or abandoned prior to conveyance to Elim.
       ``(C) Upon receipt of the Conveyance Lands, Elim shall have 
     all legal rights and privileges as landowner, subject only to 
     the covenants, reservations, terms and conditions specified 
     in this subsection.
       ``(D) Selection by Elim of lands under this subsection and 
     final conveyance of those lands to Elim shall constitute full 
     satisfaction of any claim of entitlement of Elim with respect 
     to its land entitlement.
       ``(4) Covenants, reservations, terms, and conditions.--The 
     covenants, reservations, terms and conditions set forth in 
     this paragraph and in paragraphs (5) and (6) with respect to 
     the Conveyance Lands shall run with the land and shall be 
     incorporated into the interim conveyance, if any, and patent 
     conveying the lands to Elim.
       ``(A) Consistent with paragraph (3)(C) and subject to the 
     applicable covenants, reservations, terms, and conditions 
     contained in this paragraph and paragraphs (5) and (6), Elim 
     shall have all rights to the timber resources of the 
     Conveyance Lands for any use including, but not limited to, 
     construction of homes, cabins, for firewood and other 
     domestic uses on any Elim lands: Provided, That cutting and 
     removal of Merchantable Timber from the Conveyance Lands for 
     sale shall not be permitted: Provided further, That Elim 
     shall not construct roads and related infrastructure for the 
     support of such cutting and removal of timber for sale or 
     permit others to do so. 'Merchantable Timber' means timber 
     that can be harvested and marketed by a prudent operator.
       ``(B) Public Land Order 5563 of December 16, 1975, which 
     made hot or medicinal springs available to other Native 
     Corporations for selection and conveyance, is hereby modified 
     to the extent necessary to permit the selection by Elim of 
     the lands heretofore encompassed in any withdrawal of hot or 
     medicinal springs and is withdrawn pursuant to this 
     subsection. The Secretary is authorized and directed to 
     convey such selections of hot or medicinal springs 
     (hereinafter referred to as `hot springs') subject to 
     applicable covenants, reservations, terms and conditions 
     contained in paragraphs (5) and (6).
       ``(C) Should Elim select and have conveyed to it lands 
     encompassing portions of the Tubutulik River or Clear Creek, 
     or both, Elim shall not permit surface occupancy or knowingly 
     permit any other activity on those portions of land lying 
     within the bed of or within 300 feet of the ordinary high 
     waterline of either or both of these water courses for 
     purposes associated with mineral or other development or 
     activity if they would cause or are likely to cause erosion 
     or siltation of either water course to an extent that would 
     significantly adversely impact water quality or fish habitat.
       ``(5) Rights retained by the u.s.--With respect to 
     conveyances authorized in paragraph (3), the following rights 
     are retained by the United States:
       ``(A) To enter upon the conveyance lands, after providing 
     reasonable advance notice in writing to Elim and after 
     providing Elim with an opportunity to have a representative 
     present upon such entry, in order to achieve the purpose and 
     enforce the terms of this paragraph and paragraphs (4) and 
     (6).
       ``(B) To have, in addition to such rights held by Elim, all 
     rights and remedies available against persons, jointly or 
     severally, who cut or remove Merchantable Timber for sale.
       ``(C) In cooperation with Elim, the right, but not the 
     obligation, to reforest in the event previously existing 
     Merchantable Timber is destroyed by fire, wind, insects, 
     disease, or other similar manmade or natural occurrence 
     (excluding manmade occurrences resulting from the exercise by 
     Elim of its lawful rights to use the Conveyance Lands).
       ``(D) The right of ingress and egress over easements under 
     section 17(b) for the public to visit, for noncommercial 
     purposes, hot springs located on the Conveyance Lands and to 
     use any part of the hot springs that is not commercially 
     developed.
       ``(E) The right to enter upon the lands containing hot 
     springs for the purpose of conducting scientific research on 
     such hot springs and to use the results of such research 
     without compensation to Elim. Elim shall have an equal right 
     to conduct research on the hot springs and to use the results 
     of such research without compensation to the United States.
       ``(F) A covenant that commercial development of the hot 
     springs by Elim or its successors, assigns, or grantees shall 
     include the right to develop only a maximum of 15 percent of 
     the hot springs and any land within 1/4 mile of the hot 
     springs. Such commercial development shall not alter the 
     natural hydrologic or thermal system associated with the hot 
     springs. Not less than 85 percent of the lands within 1/4 
     mile of the hot springs shall be left in their natural state.

[[Page H11719]]

       ``(G) The right to exercise prosecutorial discretion in the 
     enforcement of any covenant, reservation, term or condition 
     shall not waive the right to enforce any covenant, 
     reservation, term or condition.
       ``(6) General.--
       ``(A) Memorandum of understanding.--The Secretary and Elim 
     shall, acting in good faith, enter into a Memorandum of 
     Understanding (hereinafter referred to as the `MOU') to 
     implement the provisions of this subsection. The MOU shall 
     include among its provisions reasonable measures to protect 
     plants and animals in the hot springs on the Conveyance Lands 
     and on the land within \1/4\ mile of the hot springs. The 
     parties shall agree to meet periodically to review the 
     matters contained in the MOU and to exercise their right to 
     amend, replace, or extend the MOU. Such reviews shall include 
     the authority to relocate any of the easements set forth in 
     subparagraph (D) if the parties deem it advisable.
       ``(B) Incorporation of terms.--Elim shall incorporate the 
     covenants, reservations, terms and conditions, in this 
     subsection in any deed or other legal instrument by which it 
     divests itself of any interest in all or a portion of the 
     Conveyance Lands, including without limitation, a leasehold 
     interest.
       ``(C) Section 17(b) easements.--The Bureau of Land 
     Management, in consultation with Elim, shall reserve in the 
     conveyance to Elim easements to the United States pursuant to 
     subsection 17(b) that are not in conflict with other 
     easements specified in this paragraph.
       ``(D) Other easements.--The Bureau of Land Management, in 
     consultation with Elim, shall reserve easements which shall 
     include the right of the public to enter upon and travel 
     along the Tubutulik River and Clear Creek within the 
     Conveyance Lands. Such easements shall also include easements 
     for trails confined to foot travel along, and which may be 
     established along each bank of, the Tubutulik River and Clear 
     Creek. Such trails shall be 25 feet wide and upland of the 
     ordinary high waterline of the water courses. The trails may 
     deviate from the banks as necessary to go around man-made or 
     natural obstructions or to portage around hazardous stretches 
     of water. The easements shall also include one-acre sites 
     along the water courses at reasonable intervals, selected in 
     consultation with Elim, which may be used to launch or take 
     out water craft from the water courses and to camp in non-
     permanent structures for a period not to exceed 24 hours 
     without the consent of Elim.
       ``(E) Inholders.--The owners of lands held within the 
     exterior boundaries of lands conveyed to Elim shall have all 
     rights of ingress and egress to be vested in the inholder and 
     the inholder's agents, employees, co-venturers, licensees, 
     subsequent grantees, or invitees, and such easements shall be 
     reserved in the conveyance to Elim. The inholder may not 
     exercise the right of ingress and egress in a manner that may 
     result in substantial damage to the surface of the lands or 
     make any permanent improvements on Conveyance Lands without 
     the prior consent of Elim.
       ``(F) Iditarod trail.--The Bureau of Land Management may 
     reserve an easement for the Iditarod National Historic Trail 
     in the conveyance to Elim.
       ``(7) Implementation.--There are authorized to be 
     appropriated such sums as may be necessary to implement this 
     subsection.''.

     SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.

       Section 7(h)(1)(C)(iii) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1606(h)(1)(C)(iii)) is amended by 
     inserting before the period at the end the following: ``, 
     notwithstanding an adoption, relinquishment, or termination 
     of parental rights that may have altered or severed the legal 
     relationship between the gift donor and recipient''.

     SEC. 3. DEFINITION OF SETTLEMENT TRUST.

       Section 3(t)(2) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1602(t)(2)) is amended by striking ``sole'' and 
     all that follows through ``Stock'' and inserting ``benefit of 
     shareholders, Natives, and descendants of Natives,''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from Oregon (Mr. DeFazio) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).


                             General Leave

  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on H.R. 3090.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3090 is a bill that I introduced in consultation 
with the Alaska Federation of Natives and ongoing negotiations and 
redrafts with the Department of the Interior and the Elim Native 
Corporation.
  Considerable time has been spent to resolve the Elim land provision, 
and I want to especially thank Cindy Alona, Marilyn Heiman, Paul 
Kirton, Kim Harb, and Chip Markell of the Department of the Interior, 
Roy Jones and Jeff Petrich, minority chief counsel and committee staff, 
for their commitment to resolve this important land issue for the Elim 
Native Corporation.
  H.R. 3090 will authorize the Elim Native Corporation, a village 
corporation established under section 19(b) of the Alaska Native Claims 
Settlement Act, to select and have conveyed to it 50,000 acres of 
Federal land in an area north of the former Norton Bay Reservation.
  This acreage will replace 50,000 acres deleted from the reservation 
in 1929 by executive order from the reservation established for the 
benefit and use of the people whose descendents are today the 
shareholders of the Native Village Corporation. This bill would also 
amend ANCSA to permit shareholder common stock to be transferred to 
adopted-out native children and descendents.

                              {time}  1045

  The last provision of the bill would amend the definition of 
``settlement trust'' under ANCSA to permit Native Corporations to 
establish settlement trusts in which potential beneficiaries include 
shareholders, Natives and the descendants of Natives. Because ANCSA was 
enacted to benefit all Natives, this amendment is in keeping with that 
original intent of that legislation.
  At the same time, the interests of the Alaska Native Corporation 
shareholders are protected because this option is available only to 
those corporations whose shareholders vote, by a majority of all 
outstanding voting shares, to benefit nonshareholders.
  Mr. Speaker, I also wanted to voice the support of the State of 
Alaska for this bill. The State of Alaska could not submit anything in 
writing; however, have verbally supported this important bill for the 
people of Alaska.
  The Coastal Coalition, a conservation group in Alaska, and Donald C. 
Mitchell, a noted ANCSA attorney, have both submitted letters in 
support of the bill. As my colleagues can see, we have a wide range of 
support for passage of this bill.
  Mr. Speaker, I urge my colleagues to support the passage of this 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this important legislation. It is 
long past time to right a wrong done 70 years ago. I am particularly 
pleased that we in this Congress can act to do that.
  I have a longer statement which I would like entered in the Record, 
and I would just reflect in closing that it is always a good day when 
we can act to undo the wrongs done by a Republican President.
  Mr. Speaker, I rise in support of this bill. While Congress generally 
should be very cautious when amending the 1971 Alaska Native Claims 
Settlement Act to change land allocations, in the case of Elim Native 
Corporation there are unique circumstances and special equities which 
justify this legislation.
  Without the knowledge or consent of the Eskimo village of Elim, 
President Hoover deleted 50,000 acres from the Norton Bay Reservation 
in 1929. Although the 1971 Alaska Native Claims Settlement Act provided 
for the conveyance of 300,000 acres to Elim Native Corporation, 
reflecting the boundaries of the Norton Bay Reservation as it existed 
at that time, the residents of Elim have long been seeking to have the 
deleted lands restored.
  While the Department of the Interior has maintained that Elim does 
not have a legal entitlement to the additional 50,000 acres, it is my 
understanding that they, along with the State of Alaska, are now 
prepared to support this legislation as a matter of equity.
  And there does appear to be substantial equities in this case. 
According to Don Mitchell, a historian and former counsel to the Alaska 
Federation of Natives, the deletion of 50,000 acres from the Norton Bay 
Reservation is ``one of the most grievous cases of social and economic 
injustice'' in Alaska history.
  Because the original reservation lands are no longer available for 
selection, the bill provides for an alternative conveyance of 50,000 
acres which are adjacent to the corporation's existing lands. As 
amended, the bill incorporates language which has been negotiated with 
the Department of the Interior and includes important conservation 
safeguards such as easements for public access, restrictions on 
commercial timber harvest, and non-development buffers on river 
corridors.
  Mr. Speaker, I would be remiss without recognizing the crucial role 
of Representative

[[Page H11720]]

Don Young in developing this legislation. The villagers of Elim have a 
strong champion as the Chairman of the Committee on Resources and 
without his dedication to their cause we would not be here on the House 
floor today.
  I urge that my colleagues support the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Hobson). 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. 3090, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________