[Congressional Record Volume 149, Number 158 (Tuesday, November 4, 2003)]
[House]
[Pages H10308-H10309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZING EXCHANGE OF LANDS BETWEEN AN ALASKA NATIVE VILLAGE
CORPORATION AND DEPARTMENT OF THE INTERIOR
Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the
Senate 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.
The Clerk read as follows:
S. 924
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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
[[Page H10309]]
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 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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Renzi) and the gentleman from New Mexico (Mr. Udall) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Renzi).
General Leave
Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 924 is sponsored by Senator Lisa Murkowski of the
State of Alaska. This legislation provides for a land exchange between
the Newtok Native Corporation and the United States.
Newtok is a village in western Alaska located on a river that is
rapidly eroding. Within several years, experts believe the river will
eventually wash away key areas of the village. Newtok is inhabited by
the Yupik Eskimo people who still live a natural subsistence lifestyle
and they exist below the poverty line.
In order to avoid the problems the eroding river is going to cause,
local leaders have chosen to relocate Newtok to another site. This is
by no means an easy process, and there are many steps to get this done.
The first step is in the hands of the Congress.
Because the 19 million-acre Yukon National Wildlife Refuge surrounds
the existing village and the site identified for the relocation, a land
exchange is necessary. After much work and negotiations between the
villagers, the corporation, the Fish and Wildlife Service, and the
environmental community an agreement was worked out.
The land exchange described in S. 924 is the product of that
compromise. It will enable Newtok to relocate once it has secured the
funds necessary to do so, and the United States will acquire lands of
high value for waterfowl habitat. More importantly, this legislation
helps people who wish to continue living in the environment their
ancestors have inhabited for thousands of years.
All sides involved should be commended for fashioning a good
agreement that is noncontroversial. I urge passage of the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Mr. Speaker, I am pleased to rise in support
of S. 924. This legislation would ratify a land exchange negotiated
between the U.S. Fish and Wildlife Service and the Newtok Native
Corporation.
The negotiation and resulting land exchange agreement was motivated
by the current state of the Newtok village site. The village is rapidly
eroding and is threatened by flooding. The 300 residents of the Yupik
Eskimo village of Newtok live a largely subsistence lifestyle, which is
heavily dependent upon fish and wildlife resources of the Yukon delta
area of western Alaska.
Under S. 924, the Fish and Wildlife Service would convey about 11,000
acres to the Newtok Native Corporation, which would allow the village
to relocate to safer ground. It is my understanding that the Newtok
Native Corporation intends to donate the lands received under the
exchange to the community.
In return, the Fish and Wildlife Service will receive over 12,000
acres of corporation lands which will be managed in the future as part
of the Yukon Delta National Wildlife Refuge. In addition to the clear
public interest in allowing the village to move to a safer location,
the Fish and Wildlife Service will acquire high-priority lands for the
refuge and, overall, considers this to be a fair exchange.
Mr. Speaker, on behalf of my colleagues on this side of the aisle, we
thank the Alaska delegation for this worthy legislation.
Mr. Speaker, having no additional speakers, I yield back the balance
of my time.
Mr. RENZI. Mr. Speaker, I have no other speakers, and I also yield
back my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and
pass the Senate bill, S. 924.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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