[Congressional Record Volume 149, Number 106 (Thursday, July 17, 2003)]
[Senate]
[Pages S9615-S9616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S9615]]
 LAND EXCHANGE BETWEEN AN ALASKAN NATIVE VILLAGE AND THE DEPARTMENT OF 
                              THE INTERIOR

  The Senate proceeded to consider the bill (S. 924) to authorize the 
exchange of lands between an Alaska Native Village Corporation and the 
Department of the Interior, and for other purposes, which had been 
reported from the Committee on Energy and Natural Resources with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 924

       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) The continued existence of the village of Newtok, 
     Alaska is threatened by the eroding banks of the Ninglick 
     River.
       [(2) A relocation of the village will become necessary for 
     the health and safety of the residents of Newtok within the 
     next 8 years.
       [(3) Lands previously conveyed to the Newtok Native 
     Corporation contain habitat of high value for waterfowl.
       [(4) An opportunity exists for an exchange of lands between 
     the Newtok Native Corporation and the Yukon Delta National 
     Wildlife Refuge that would address the relocation needs of 
     the village while enhancing the quality of waterfowl habitat 
     within the boundaries of the Refuge.
       [(5) An exchange of lands between Newtok and the United 
     States on an other than equal value basis pursuant to the 
     terms of this Act is in the public interest.

     [SEC. 2. DEFINITIONS.

       [For the purposes of this Act, the term--
       [(1) ``ANCSA'' means the Alaska Native Claims Settlement 
     Act of 1971 (43 U.S.C. 1601 et seq.);
       [(2) ``ANILCA'' means the Alaska National Interest Lands 
     Conservation Act of 1980 (16 U.S.C. 410hh-3233, 43 U.S.C. 
     1602 et seq.);
       [(3) ``Calista'' means the Calista Corporation, an Alaska 
     Native Regional Corporation established pursuant to ANCSA;
       [(4) ``Identified Lands'' means approximately 10,943 acres 
     of lands (including surface and subsurface) designated as 
     ``Proposed Village Site'' upon a map entitled ``Proposed 
     Newtok Exchange,'' dated September, 2002, and available for 
     inspection in the Anchorage office of the United States Fish 
     and Wildlife Service;
       [(5) ``limited warranty deed'' means a warranty deed which 
     is, with respect to its warranties, limited to that portion 
     of the chain of title from the moment of conveyance from the 
     United States to Newtok to and including the moment at which 
     such title is validly reconveyed to the United States of 
     America and its assigns;
       [(6) ``Newtok'' means the Newtok Native Corporation, an 
     Alaska Native Village Corporation established pursuant to 
     ANCSA;
       [(7) ``Newtok lands'' means approximately 12,101 acres of 
     surface estate comprising conveyed lands and selected lands 
     identified as Aknerkochik on the map referred to in paragraph 
     (4) and that surface estate selected by Newtok on Baird Inlet 
     Island as shown on said map; and
       [(8) ``Secretary'' means the Secretary of the Interior.

     [SEC. 3. LANDS TO BE EXCHANGED.

       [(a) Lands Exchanged to the United States.--If, within 180 
     days after the date of enactment of this Act, Newtok 
     expresses to the Secretary in writing its intent to enter 
     into a land exchange with the United States, the Secretary 
     shall accept from Newtok a valid, unencumbered conveyance, by 
     limited warranty deed, of the Newtok lands previously 
     conveyed to Newtok. The Secretary shall also accept from 
     Newtok a relinquishment of irrevocable prioritized selections 
     for approximately 4,956 acres for those validly selected 
     lands not yet conveyed to Newtok. The reconveyance of lands 
     by Newtok to the United States and the prioritized, 
     relinquished selections shall be 1.1 times the number of 
     acres conveyed to Newtok under this Act. The number of acres 
     reconveyed to the United States and the prioritized, 
     relinquished selections shall be charged to the entitlement 
     of Newtok.
       [(b) Lands Exchanged to Newtok.--In exchange for the Newtok 
     lands conveyed and selections relinquished under subsection 
     (a), the Secretary shall, subject to valid existing rights 
     and notwithstanding section 14(f) of ANCSA, convey to Newtok 
     the surface and subsurface estate of the Identified Lands. 
     The conveyance shall be by interim conveyance. Subsequent to 
     the interim conveyance, the Secretary shall survey the 
     Identified Lands at no cost to Newtok and issue a patent to 
     the Identified Lands subject to the provisions of ANCSA and 
     this Act. At the time of survey the charge against Newtok's 
     entitlement for acres conveyed or irrevocable priorities 
     relinquished by Newtok may be adjusted to conform to the 
     standard of 1.1 acres relinquished by Newtok for each one 
     acre received.

     [SEC. 4. CONVEYANCE.

       [(a) Timing.--The Secretary shall issue interim conveyances 
     pursuant to subsection 3(b) at the earliest possible time 
     after acceptance of the Newtok conveyance and relinquishment 
     of selections under subsection 3(a).
       [(b) Relationship to ANCSA.--Lands conveyed to Newtok under 
     this Act shall be deemed to have been conveyed under the 
     provisions of ANCSA, except that the provisions of 14(c) of 
     ANCSA shall not apply to these lands, and to the extent that 
     section 22(g) of ANCSA would otherwise be applicable to these 
     lands, the provisions of 22(g) of ANCSA shall also not apply 
     to these lands. Consistent with section 103(c) of ANILCA, 
     these lands shall not be deemed to be included as a portion 
     of the Yukon National Wildlife Refuge and shall not be 
     subject to regulations applicable solely to public lands 
     within this Conservation System Unit.
       [(c) Effect on Entitlement.--Nothing in this Act shall be 
     construed to change the total acreage of land to which Newtok 
     is entitled under ANCSA.
       [(d) Effect on Newtok Lands.--The Newtok Lands shall be 
     included in the Yukon Delta National Wildlife Refuge as of 
     the date of acceptance of the conveyance of those lands from 
     Newtok, except that residents of the Village of Newtok, 
     Alaska, shall retain access rights to subsistence resources 
     on those public lands as guaranteed under ANILCA section 811 
     (16 U.S.C. 3121), and to subsistence uses, such as 
     traditional subsistence fishing, hunting and gathering, 
     consistent with ANILCA section 803 (16 U.S.C. 3113).
       [(e) Adjustment to Calista Corporation ANCSA Entitlement 
     for Relinquished Newtok Selections.--To the extent that 
     Calista subsurface rights are affected by this Act, Calista 
     shall be entitled to an equivalent acreage of in-lieu 
     subsurface entitlement for the Newtok selections relinquished 
     in the exchange as set forth in subsection 3(a) of this Act. 
     This additional entitlement shall come from subsurface lands 
     already selected by Calista, but which have not been 
     conveyed. If Calista does not have sufficient subsurface 
     selections to accommodate this additional entitlement, 
     Calista Corporation is hereby authorized to make an 
     additional in lieu selection for the deficient acreage.
       [(f) Adjustment to Exchange.--If requested by Newtok, the 
     Secretary is authorized to consider and make adjustments to 
     the original exchange to meet the purposes of this Act, 
     subject to all the same terms and conditions of this Act.]

     SECTION 1. DEFINITIONS.

       For the purposes of this Act, the term:
       (1) ``ANCSA'' means the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1601 et seq.);
       (2) ``ANILCA'' means the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3101 et seq.);
       (3) ``Calista'' means the Calista Corporation, an Alaska 
     Native Regional Corporation established pursuant to ANCSA;
       (4) ``Identified Lands'' means approximately 10,943 acres 
     of lands (including surface and subsurface estates) 
     designated as ``Proposed Village Site'' on a map entitled 
     ``Proposed Newtok Exchange,'' dated September, 2002, and 
     available for inspection in the Anchorage office of the 
     United States Fish and Wildlife Service;
       (5) ``limited warranty deed'' means a warranty deed which 
     is, with respect to its warranties, limited to that portion 
     of the chain of title from the moment of conveyance from the 
     United States to Newtok to and including the moment at which 
     such title is validly reconveyed to the United States;
       (6) ``Newtok'' means the Newtok Native Corporation, an 
     Alaska Native Village Corporation established pursuant to 
     ANCSA;
       (7) ``Newtok lands'' means approximately 
     12,101 acres of surface estate comprising conveyed lands and 
     selected lands identified as Aknerkochik on the map referred 
     to in paragraph (4) and that surface estate selected by 
     Newtok on Baird Inlet Island as shown on the map; and
       (8) ``Secretary'' means the Secretary of the Interior.

     SEC. 2. LANDS TO BE EXCHANGED.

       (a) Lands Exchanged to the United States.--If, within 180 
     days after the date of enactment of this Act, Newtok 
     expresses to the Secretary in writing its intent to enter 
     into a land exchange with the United States, the Secretary 
     shall accept from Newtok a valid, unencumbered conveyance, by 
     limited warranty deed, of the Newtok lands previously 
     conveyed to Newtok. The Secretary shall also accept from 
     Newtok a relinquishment of irrevocable prioritized selections 
     for approximately 4,956 acres for those validly selected 
     lands not yet conveyed to Newtok.
       (b) Lands Exchanged to Newtok.--In exchange for the Newtok 
     lands conveyed and selections relinquished under subsection 
     (a), the Secretary shall, subject to valid existing rights 
     and notwithstanding section 14(f) of ANCSA, convey to Newtok 
     the surface and subsurface estates of the Identified Lands. 
     The conveyance shall be by interim conveyance. Subsequent to 
     the interim conveyance, the Secretary shall survey identified 
     Lands at no cost to Newtok and issue a patent to the 
     Identified Lands subject to the provisions of ANCSA and this 
     Act.

     SEC. 3. CONVEYANCE.

       (a) Timing.--The Secretary shall issue interim conveyances 
     pursuant to subsection 2(b) at the earliest possible time 
     after acceptance of the Newtok conveyance and relinquishment 
     of selections under subsection 2(a).
       (b) Relationship to ANCSA.--Lands conveyed to Newtok under 
     this Act shall be treated as having been conveyed under the 
     provisions of ANCSA, except that the provisions of 14(c) and 
     22g of ANCSA shall not apply to these lands. Consistent with 
     section 103(c) of ANILCA, these lands shall not be included 
     as a portion of the

[[Page S9616]]

     Yukon Delta National Wildlife Refuge and shall not be subject 
     to regulations applicable solely to public lands within this 
     Conservation System Unit.
       (c) Effect on Entitlement.--Except as otherwise provided, 
     nothing in this Act shall be construed to change the total 
     acreage of land to which Newtok is entitled under ANCSA.
       (d) Effect on Newtok Lands.--The Newtok Lands shall be 
     included in the Yukon Delta National Wildlife Refuge as of 
     the date of acceptance of the conveyance of those lands from 
     Newtok, except that residents of the Village of Newtok, 
     Alaska, shall retain access rights to subsistence resources 
     on those Newtok lands as guaranteed under section 811 of 
     ANILCA (16 U.S.C. 3121), and to subsistence uses, such as 
     traditional subsistence fishing, hunting and gathering, 
     consistent with section 803 of ANILCA (16 U.S.C. 3113).
       (e) Adjustment to Calista Corporation ANCSA Entitlement for 
     Relinquished Newtok Selections.--To the extent that Calista 
     subsurface rights are affected by this Act, Calista shall be 
     entitled to an equivalent acreage of in lieu subsurface 
     entitlement for the Newtok selections relinquished in the 
     exchange as set forth in subsection 2(a) of this Act. This 
     equivalent entitlement shall come from subsurface lands 
     already selected by Calista, but which have not been 
     conveyed. If Calista does not have sufficient subsurface 
     selections to accommodate this additional entitlement, 
     Calista Corporation is hereby authorized to make an 
     additional in lieu selection for the deficient acreage from 
     lands within the region but outside any conservation system 
     unit.
       (f) Adjustment to Exchange.--If requested by Newtok, the 
     Secretary may consider and make adjustments to the exchange 
     to meet the purposes of this Act, subject to all the same 
     terms and conditions of this Act.

  The committee amendment, in the nature of a substitute, was agreed 
to.
  The bill (S. 924), as amended, was read the third time and passed.

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