[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Extensions of Remarks]
[Pages E2493-E2494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PASSAGE OF H.R. 3090

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                      Thursday, November 18, 1999

  Mr. YOUNG of Alaska. Mr. Speaker, I would like to provide additional 
explanatory information regarding the provisions in H.R. 3090.
  At the time of passage of H.R. 3090 by the Committee on Resources, 
the Committee Members on both sides of the aisle agreed that there were 
likely to be additional changes to this bill prior to its being taken 
to the floor of the House. Such changes were ones that the Committee 
anticipated would be developed between the Department of Interior and 
Elim as well as with the concurrence of the majority and the minority 
of the Committee. Those changes were worked out. A number of 
improvements were made to the bill in addition to some reorganization 
of the sections to assist in providing clarity to the bill. What 
follows is a brief explanation and a section-by-section analysis of the 
bill as it is brought before the House.
  As I had indicated in my earlier remarks, this legislation is long 
overdue. It is a matter of equity and fairness that, in furtherance of 
the underlying goals of the Alaska Native Claims Settlement Act 
(ANCSA), replacement lands should be conveyed to the Elim Native 
Corporation under Section 19 of ANCSA. The Committee's intent is that 
such conveyances authorized in this legislation be treated as other 
conveyances to Elim were treated in the past with respect to other 
applicable sections of ANCSA, except that the conveyances under the 
bill will additionally have certain covenants, reservations, terms, and 
conditions that are applicable.
  It is recognized that the watersheds that are likely to be selected 
under this provision (Clear Creek, Tubutulik River, and the Qwik River) 
are ones which provide a vital source of food in the form of fish as 
well as sustenance for wildlife and plants on which the people of Elim 
are, in part, dependent.
  The Committee considered utilizing the lands on the eastern edge of 
the original Norton Bay Reservation as replacement lands to Elim for 
the 50,000 acres which were deleted in 1929. However, because--(1) 
there have been a number of acres of those lands (in particular along 
the coastline) which had been conveyed to the Village of Koyuk or which 
were subject to allotments; (2) of the sensitivity of that area to 
Koyuk; (3) with the knowledge today that, the rivers to the north of 
the original Norton Bay Reservation are of substantial significance to 
the long-term viability of the Elim Native Corporation in to the 
future, the Committee concluded that the area to the north of the 
current of boundary of Elim land holdings was a more appropriate place 
from which Elim should select replacement lands than the original area 
deleted in 1929.
  In addition, provisions were negotiated with Elim which represent a 
good faith effort by all sides to remedy the injustice to Elim from 
many years past as well as to protect the resources of this area with 
several unique natural features. As a result of those negotiations, 
Elim will have full access to the use of the timber on the lands to be 
conveyed for building of homes, cabins, lodges, firewood, and other 
domestic uses on Elim lands, but agreed not to cut or remove 
Merchantable Timber for sale. This will permit Elim to make beneficial, 
developmental, and economic use of lands while conserving most of the 
forested lands for their wildlife habitat benefits.
  As a part of the balancing of interests, the Committee agreed to 
language that would provide a 300 foot buffer area around Clear Creek 
and the Tubutulik River should they be selected by and conveyed to 
Elim. In that area, there would be no support structures or development 
or activities permitted unless they would not or are not likely to 
cause erosion or siltation that would significantly adversely impact 
the water quality or fish habitat of these two water courses.
  The Committee believes that the bill as reported along with the 
amendments as brought before the House represents a reasonable and 
responsible approach to dealing with and resolving this issue. It will 
remedy an injustice to Elim of many years and do so in a way that is 
appropriate given the circumstances as they are in 1999.
  Provisions of the legislature are further explained in the section-
by-section analysis that follows:

                      Section-by-Section Analysis

     Section 1. Elim Native Corporation Land Restoration.
       This section amends the Alaska Native Claims Settlement Act 
     by amending Section 19 by adding a new subsection (c).
       Subsection (c)(1) sets out findings regarding the 
     background and need for the legislation.
       Subsection (c)(2) describes the lands to be withdrawn 
     (``Withdrawal Area'') by reference to a map dated October 19, 
     1999, and withdraws the lands from all forms of appropriation 
     or disposition under the public land laws for a two-year 
     period.
       Subsection (c)(3) authorizes Elim to select and ultimately 
     receive title to 50,000 acres of lands from the lands inside 
     the Withdrawal Area. The Secretary of the Interior is 
     authorized and directed to convey to Elim the fee to the 
     surface and subsurface estate in 50,000 acres of valid 
     selections, subject to the convenants, reservations, terms 
     and conditions in subsection (c).
       Subsection (c)(3)(A) provides two years after the date of 
     enactment for Elim to make its selections. To ensure that it 
     receives the 50,000 acres, under this subparagraph Elim may 
     select up to 60,000 acres and must prioritize its selections 
     at the time it makes the selections. Elim may not revoke or 
     change its priorities. Elim must select a single tract of 
     land adjacent to U.S. Survey No. 2548, Alaska, that is 
     reasonably compact, contiguous, and in whole sections except 
     for two situations. The withdrawn lands remain withdrawn 
     until the Department has conveyed all the lands that Elim 
     Native Corporation is entitled to under subsection (c).
       Subsection (c)(3)(B) provides that, in addition to being 
     subject to valid existing rights, Elim's selections may not 
     supercede prior selections by the State of Alaska or other 
     Native corporations, or valid entries by private individuals 
     unless the State, Native Corporation, or individual 
     relinquishes the selection entry prior to conveyance to Elim.
       Subsection (c)(3)(C) provides that, on receipt of the 
     Conveyance Lands, Elim will have all the legal rights and 
     benefits as landowner of land conveyed under this Act subject 
     to the covenants, reservations, terms and conditions in 
     subsection (c). All other provisions of this Act that were 
     applicable to conveyances under subsection (b) are applicable 
     to conveyances under subsection (c).
       Subsection (c)(3)(D) makes clear that selection by and 
     conveyance to Elim Native Corporation of these lands is in 
     full satisfaction of any claim by Elim Native Corporation of 
     entitlement to lands under section 19 of this Act.
       Subsection (c)(4) provides that the covenants, terms and 
     conditions in this paragraph and in paragraphs (5) and (6) 
     will run with the land and be incorporated into any interim 
     conveyance or patent conveying the lands to Elim.
       Subsection (c)(4)(A) provides that Elim has all the rights 
     of landowner to, and to utilize, the timber resources of the 
     Conveyance Lands including construction of homes, cabins, for 
     firewood and other domestic uses on any Elim lands, except 
     for cutting and removing Merchantable Timber for sale and 
     constructing roads and related infrastructure for the support 
     of such cutting and removing timber for sale.
       Subsection (c)(4)(B) modifies P.L.O. 5563 to permit 
     selection by Elim of lands encompassing prior withdrawals of 
     hot or medicinal springs subject to the applicable covenants, 
     reservations, terms and conditions in paragraphs (5) and (6).
       Subsection (c)(4)(C) provides that if Elim receives 
     conveyance to lands encompassing the Tubutulik River of Clear 
     Creek, or both, Elim will not allow activities in the bed or 
     within 300 feet of these water courses which would cause or 
     would likely cause erosion or siltation so as to 
     significantly adversely impact water quality or fish habitat.
       Subsection (c)(5)(A) sets forth the first of a series of 
     rights to be retained by the United States in the conveyances 
     in paragraph (3). Subparagraph (A) is a retained right to 
     enter the conveyance lands for purposes outlined after 
     providing notice to Elim and an opportunity to have a 
     representative present.
       Subsection (c)(5)(B) provides for retaining rights and 
     remedies against persons who cut or remove Merchantable 
     Timber.
       Subsection (c)(5)(C) provides for the retention of the 
     right to reforest if Merchantable Timber is destroyed by 
     fire, insects, disease or other man-made or natural 
     occurrence, except for such occurrences that occur from 
     Elim's exercise of its rights to use the conveyance lands as 
     landowner.
       Subsection (c)(5)(D) provides for the retention of the 
     right of ingress and egress to the public under section 17(b) 
     of ANCSA to allow the public to visit, for non-commercial 
     purposes, the hot springs located on the conveyance lands and 
     to use any part of the hot springs that is not commercially 
     developed.
       Subsection (c)(5)(E) provides for retaining the right to 
     the United States to enter the

[[Page E2494]]

     conveyance lands containing hot springs in order to conduct 
     scientific research. It also ensures that such research can 
     be conducted and that the results of such research can be 
     used without any compensation to Elim. This subparagraph also 
     provides an equal right to Elim to conduct such research on 
     the hot springs and to use the results of the research 
     without compensation to the United States.
       Subsection (c)(5)(F) provides for the retention of a 
     covenant that restricts commercial development of the hot 
     springs by Elim to a maximum of 15% of the hot springs and 
     15% of the land within \1/4\ mile of the hot springs. This 
     subparagraph also provides that any commercial development of 
     those hot springs will not alter the natural hydrologic or 
     thermal system associated with the hot springs. The provision 
     makes clear that at least 85% of the lands within \1/4\ mile 
     of the hot springs should be left in their natural state.
       Subsection (c)(5)(G) provides that retaining the right to 
     exercise prosecutorial discretion in the enforcement of any 
     covenant, reservation, term or condition does not waive the 
     right to enforce such covenant, reservation, term or 
     condition.
       Subsection (c)(6)(A) provides for the Secretary and Elim, 
     acting in good faith, to enter into a Memorandum of 
     Understanding (MOU) to implement Subsection (c). The 
     subparagraph requires that the MOU include reasonable 
     measures to protect plants and animals in the hot springs and 
     within \1/4\ mile of the hot springs. This subparagraph 
     requires that the parties agree to meet periodically to 
     review the MOU and to amend/replace are extended.
       Subsection (c)(6)(B) provides for Elim to incorporate the 
     covenants, reservations, terms and conditions set forth in 
     subsection (c) in any deed or other instrument by which Elim 
     divests itself of any interest in all or portion of the 
     Conveyance Lands.
       Subsection (c)(6)(C) requires that the BLM, in consultation 
     with Elim, will reserve easements under subsection 17(b) of 
     this Act.
       Subsection (c)(6)(D) provides for the retention of other 
     easements by the BLM, in consultation with Elim, including 
     the right of the public to enter upon and travel along the 
     Tubutulik River and Clear Creek within the Conveyance Lands. 
     This subparagraph provides that the easements shall include 
     trails confined to foot travel along each bank of the 
     Tubutulik River and Clear Creek. This subparagraph requires 
     also that trails be twenty-five feet wide and upland of the 
     ordinary high water mark. It also provides for including one-
     acre sites along the two water courses referenced, that the 
     sites be selected in consultation with Elim and that they be 
     utilized for launching and taking out water craft as well as 
     for short term (twenty-four hours) camping, unless Elim 
     consents to a longer period.
       Subsection (c)(6)(E) provides that the inholders within the 
     boundaries of the Conveyance Lands have rights of ingress and 
     egress. It provides also that the inholder may not exercise 
     these rights in a manner that might result in substantial 
     damage to the surface of the lands and may not make any 
     permanent improvements to the conveyance lands without the 
     consent of Elim.
       Subsection (c)(6)(F) provides that the Bureau of Land 
     Management may reserve an easement for the Iditarod National 
     Historic Trail in the land conveyance to Elim.
       Subsection (c)(7) authorizes appropriations as may be 
     necessary to implement subsection (c).
       Section two. Common Stock to Adopted-Out Descendants.
       Section 7(h) of the Alaska Native Claims Settlement Act 
     sets forth the general rules pertaining to the issuance and 
     transfer of common stock in an Alaska Native Corporation, 
     which stock is referred to as Settlement Common Stock. 
     Generally, the holder of Settlement Common Stock is not 
     permitted to sell, pledge or otherwise alienate this stock. 
     However, Section 7(h)(1)(C) of ANCSA provides certain 
     exceptions to the general prohibition on the alienation of 
     Settlement Common Stock. Under Section 7(h)(1)(C)(iii), the 
     holder of Settlement Common Stock may transfer some or all of 
     the Settlement Common Stock to a close family member by inter 
     vivos gift. Gifts of Settlement Common Stock are permitted 
     to, among others, a child, grandchild or great-grandchild.
       Alaska state law has been interpreted to sever, for all 
     purposes, the relationship between a family and a child who 
     has been adopted out, or for whom parental rights have been 
     relinquished or terminated. Thus, under existing law, a 
     holder of Settlement Common Stock may not inter vivos gift 
     transfer Settlement Common Stock to a child who has been 
     adopted by another family. The proposed amendment in Section 
     2 will permit the biological family of an Alaska Native child 
     to make an inter vivos gift to that child of Settlement 
     Common Stock, regardless of the child's adoption into a non-
     Native family, or the relinquishment or termination of 
     parental rights. The enactment of the provisions of Section 2 
     will resolve the problem currently faced by some Alaska 
     Native children who are unable to receive shares in an Alaska 
     Native Corporation because the relationship with their 
     biological family has been legally severed under Alaska State 
     law.
       Section three. Definition of Settlement Trust.
       Congress enacted the settlement trust option in ANCSA to 
     allow Alaska Native Corporations to establish trusts to hold 
     assets for the benefit of Alaska Native Shareholders. As the 
     law currently stands, these trusts may only benefit holders 
     of Settlement Common Stock. The amendments contained in 
     Section three will permit Native Corporation shareholders, by 
     the vote of a majority of shares, to extend this benefit of 
     ANCSA to all of the Native people in their community, 
     including the children and grandchildren of the original 
     stockholders, regardless of whether they yet own stock in the 
     Native Corporation. This amendment redefines ``settlement 
     trust'' to permit Native Corporations to establish settlement 
     trusts in which potential beneficiaries include shareholders, 
     Natives and descendants of Natives. Because ANCSA was enacted 
     to benefit all Natives, this amendment is in keeping with the 
     original intent of that legislation. At the same time, the 
     interests of 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 non-shareholders

     

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