[Congressional Record Volume 148, Number 108 (Thursday, August 1, 2002)]
[Senate]
[Page S8019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  RATIFYING AN AGREEMENT BETWEEN THE ALEUT CORPORATION AND THE UNITED 
                           STATES OF AMERICA

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 448, S. 1325.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1325) to ratify an agreement between the Aleut 
     Corporation and the United States of America to exchange land 
     rights received under the Alaska Native Claims Settlement Act 
     for certain land interests on Adak Island, and for other 
     purposes.

  There being no objection, the Senate proceeded to the consideration 
of the bill, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment, as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic)

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

     SECTION 1. FINDINGS.

       Congress finds that:
       (1) Adak Island is an isolated island located 1,200 miles 
     southwest of Anchorage, Alaska, between the Pacific Ocean and 
     the Bering Sea. The Island, with its unique physical and 
     biological features, including a deep water harbor and 
     abundant marine-associated wildlife, was recognized early for 
     both its natural and military values. In 1913, Adak Island 
     was reserved and set aside as a Preserve because of its value 
     to seabirds, marine mammals, and fisheries. Withdrawals of 
     portions of Adak Island for various military purposes date 
     back to 1901 and culminated in the 1959 withdrawal of 
     approximately half of the Island for use by the Department of 
     the Navy for military purposes.
       (2) By 1990, military development on Adak Island supported 
     a community of 6,000 residents. Outside of the Adak Naval 
     Complex, there was no independent community on Adak Island.
       (3) As a result of the Defense Base Closure and Realignment 
     Act of 1990 (104 Stat. 1808), as amended, the Adak Naval 
     Complex has been closed by the Department of Defense.
       (4) The Aleut Corporation is an Alaskan Native Regional 
     Corporation incorporated in the State of Alaska pursuant to 
     the Alaska Native Claims Settlement Act (ANCSA), as amended 
     (43 U.S.C. 1601, et seq.). The Aleut Corporation represents 
     the indigenous people of the Aleutian Islands who prior to 
     the Russian exploration and settlement of the Aleutian 
     Islands were found throughout the Aleutian Islands which 
     includes Adak Island.
       (5) None of Adak Island was available for selection by The 
     Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C. 
     1613(h)(8)) because it was part of a National Wildlife Refuge 
     and because the portion comprising the Adak Naval Complex was 
     withdrawn for use by the United States Navy for military 
     purposes prior to the passage of ANCSA in December 1971.
       (6) The Aleut Corporation is attempting to establish a 
     community on Adak and has offered to exchange ANCSA land 
     selections and entitlements for conveyance of certain lands 
     and interests therein on a portion of Adak formerly occupied 
     by the Navy.
       (7) Removal of a portion of the Adak Island land from 
     refuge status will be offset by the acquisition of high 
     quality wildlife habitat in other Aleut Corporation 
     selections within the Alaska Maritime National Wildlife 
     Refuge, maintaining a resident human population on Adak to 
     control caribou, and making possible a continued U.S. Fish 
     and Wildlife Service presence in that remote location to 
     protect the natural resources of the Aleutian Islands Unit of 
     the Alaska Maritime National Wildlife Refuge.
       (8) It is in the public interest to promote reuse of the 
     Adak Island lands by exchanging certain lands for lands 
     selected by The Aleut Corporation elsewhere in the Alaska 
     Maritime National Wildlife Refuge. Experience with 
     environmental problems associated with formerly used defense 
     sites in the State of Alaska suggests that the most effective 
     and efficient way to avoid future environmental problems on 
     Adak is to support and encourage active reuse of Adak.

     SEC. 2. RATIFICATION OF AGREEMENT.

       The document entitled the ``Agreement Concerning the 
     Conveyance of Property at the Adak Naval Complex'' 
     (hereinafter ``the Agreement''), and dated September 20, 
     2000, executed by The Aleut Corporation, the Department of 
     the Interior and the Department of the Navy, together with 
     any technical amendments or modifications to the boundaries 
     that may be agreed to by the parties is hereby ratified, 
     confirmed, and approved and the terms, conditions, 
     procedures, covenants, reservations, indemnities and other 
     provisions set forth in the Agreement are declared to be 
     obligations and commitments of the United States and The 
     Aleut Corporation: Provided, That modifications to the maps 
     and legal descriptions of lands to be removed from the 
     National Wildlife Refuge System within the military 
     withdrawal on Adak Island set forth in Public Land Order 1949 
     may be made only upon agreement of all Parties to the 
     Agreement and notification given to the Committee on 
     Resources of the United States House of Representatives and 
     the Committee on Energy and Natural Resources of the United 
     States Senate: Provided further, That the acreage conveyed to 
     the United States by The Aleut Corporation under the 
     Agreement, as modified, shall be at least 36,000 acres.

     SEC. 3. REMOVAL OF LANDS FROM REFUGE.

       Effective on the date of conveyance to the Aleut 
     Corporation of the Adak Exchange Lands as described in the 
     Agreement, all such lands shall be removed from the National 
     Wildlife Refuge System and shall neither be considered as 
     part of the Alaska Maritime National Wildlife Refuge nor be 
     subject to any laws pertaining to lands within the boundaries 
     of the Alaska Maritime National Wildlife Refuge, including 
     the conveyance restrictions imposed by section 22(g) of the 
     ANCSA, 43 U.S.C. 1621(g), for land in the National Wildlife 
     Refuge System. The Secretary shall adjust the boundaries of 
     the Refuge so as to exclude all interests in lands and land 
     rights, surface and subsurface, received by The Aleut 
     Corporation in accordance with this Act and the Agreement.

     SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT.

       Lands and interests therein exchanged and conveyed by the 
     United States pursuant to this Act shall be considered and 
     treated as conveyances of lands or interests therein under 
     the Alaska Native Claims Settlement Act, except that receipt 
     of such lands and interests therein shall not constitute a 
     sale or disposition of land or interests received pursuant to 
     such Act. The public easements for access to public lands and 
     waters reserved pursuant to the Agreement are deemed to 
     satisfy the requirements and purposes of Section 17(b) of the 
     Alaska Native Claims Settlement Act.

     SEC. 5. REACQUISITION OF LANDS.

       The Secretary of the Interior is authorized to acquire by 
     purchase or exchange, on a willing seller basis only, any 
     land conveyed to The Aleut Corporation under the Agreement 
     and this Act. In the event any of the lands are subsequently 
     acquired by the United States, they shall be automatically 
     included in the Refuge System. The laws and regulations 
     applicable to Refuge lands shall then apply to these lands 
     and the Secretary shall then adjust the boundaries 
     accordingly.

     SEC. 6. GENERAL.

       (a) [Notwithstanding any other provision of law,] 
     Notwithstanding the Federal Property and Administrative 
     Services Act of 1949, as amended (40 U.S.C. 483-484) and the 
     Defense Base Closure and Realignment Act of 1990, as amended 
     (10 U.S.C. 2687), and for the purposes of the transfer of 
     property authorized by this Act, Department of Navy personal 
     property that remains on Adak Island is deemed related to the 
     real property and shall be conveyed by the Department of the 
     Navy to The Aleut Corporation at no additional cost when the 
     related real property is conveyed by the Department of the 
     Interior.
       (b) The Secretary of the Interior shall convey to the Aleut 
     Corporation those lands identified in the Agreement as the 
     former landfill sites without charge to the Aleut 
     Corporation's entitlement under the Alaska Native Claims 
     Settlement Act.
       (c) Any property, including, but not limited to, 
     appurtenances and improvements, received pursuant to this Act 
     shall, for purposes of section 21(d) of the Alaska Native 
     Claims Settlement Act, as amended, and section 907(d) of the 
     Alaska National Interest Lands Conservation Act, as amended, 
     be treated as not developed until such property is actually 
     occupied, leased (other than leases for nominal consideration 
     to public entities) or sold by The Aleut Corporation, or, in 
     the case of a lease or other transfer by The Aleut 
     Corporation to a wholly owned development subsidiary, 
     actually occupied, leased, or sold by the subsidiary.
       (d) Upon conveyance to The Aleut Corporation of the lands 
     described in Appendix A of the Agreement, the lands described 
     in Appendix C of the Agreement will become unavailable for 
     selection under ANCSA.
       (e) The maps included as part of Appendix A to the 
     Agreement depict the lands to be conveyed to The Aleut 
     Corporation. The maps shall be left on file at the Region 7 
     Office of the U.S. Fish and Wildlife Service and the offices 
     of Alaska Maritime National Wildlife Refuge in Homer, Alaska. 
     The written legal descriptions of the lands to be conveyed to 
     The Aleut Corporation are also part of Appendix A. In case of 
     any discrepancies, the maps shall be controlling.

  Mr. REID. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to, the bill, as amended, be read three times, 
passed, and the motion to reconsider be laid upon the table; and that 
any statements relating thereto be printed in the Record, without 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 1325), as amended, was read the third time and passed.

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