[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2798-S2799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ELIM NATIVE CORPORATION LAND RESTORATION

  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, was considered, ordered to a third reading, read the third 
time, and passed.

                               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       ``(A) approximately 350,000 acres of land were withdrawn by 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     Corporation', are hereby withdrawn, subject to valid existing 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 the 
     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 United States 
     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

[[Page S2799]]

     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 United States.--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.
       ``(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,''.

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