[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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