[Senate Report 104-119]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 154
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-119
_______________________________________________________________________


 
             ALASKA NATIVE CLAIMS SETTLEMENT ACT AMENDMENTS

                                _______


    July 24 (legislative day, July 10), 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 402]
    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 402) to amend the Alaska Native Claims 
Settlement Act, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the Act, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:
                TITLE I--ALASKA NATIVE CLAIMS SETTLEMENT
SECTION 101. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE 
                    ASSOCIATIONS CONVEYANCES.

  The conveyance of approximately 11,520 acres to Montana Creek Native 
Association, Inc., and the conveyance of approximately 11,520 acres to 
Caswell Native Association, Inc., by Cook Inlet Region, Inc. in 
fulfillment of the agreement of February 3, 1976, and subsequent letter 
agreement of March 26, 1982, among the 3 parties are hereby adopted and 
ratified as a matter of Federal law. The conveyances shall be deemed to 
be conveyances pursuant to section 14(h)(2) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1613(h)(2)). The group corporations for 
Montana Creek and Caswell are hereby declared to have received their 
full entitlement and shall not be entitled to receive any additional 
lands under the Alaska Native Claims Settlement Act. The ratification 
of these conveyances shall not have any effect on section 14(h) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) or upon the 
duties and obligations of the United States to any Alaska Native 
Corporation. This ratification shall not be for any claim to land or 
money by the Caswell or Montana Creek group corporations or any other 
Alaska Native Corporation against the State of Alaska, the United 
States, or Cook Inlet Region, Incorporated.

SEC. 102. MINING CLAIMS ON LANDS CONVEYED TO ALASKA REGIONAL 
                    CORPORATIONS.

    Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1621(c)) is amended by adding at the end the following:
          ``(3) This section shall apply to lands conveyed by interim 
        conveyance or patent to a regional corporation pursuant to this 
        Act which are made subject to a mining claim or claims located 
        under the general mining laws, including lands conveyed prior 
        to enactment of this paragraph. Effective upon the date of 
        enactment of this paragraph, the Secretary, acting through the 
        Bureau of Land Management and in a manner consistent with 
        section 14(g), shall transfer to the regional corporation 
        administration of all mining claims determined to be entirely 
        within lands conveyed to that corporation. Any person holding 
        such mining claim or claims shall meet such requirements of the 
        general mining laws and section 314 of the Federal Land 
        Management and Policy Act of 1976 (43 U.S.C. 1744), except that 
        any filings that would have been made with the Bureau of Land 
        Management if the lands were within Federal ownership shall be 
        timely made with the appropriate regional corporation. The 
        validity of any such mining claim or claims may be contested by 
        the regional corporation, in place of the United States. All 
        contest proceedings and appeals by the mining claimants of 
        adverse decision made by the regional corporation shall be 
        brought in Federal District Court for the District of Alaska. 
        Neither the United States nor any Federal agency or official 
        shall be named or joined as a party in such proceedings or 
        appeals. All revenues from such mining claims received after 
        passage of this paragraph shall be remitted to the regional 
        corporation subject to distribution pursuant to section 7(i) of 
        this Act, except that in the event that the mining claim or 
        claims are not totally within the lands conveyed to the 
        regional corporation, the regional corporation shall be 
        entitled only to that proportion of revenues, other than 
        administrative fees, reasonably allocated to the portion of the 
        mining claim so conveyed.''.

SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE 
                    CONTAMINATION OF TRANSFERRED LANDS.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following:
        ``claims arising from contamination of transferred lands
    ``Sec. 40. (a) As used in this section the term `contaminant' means 
hazardous substance harmful to public health or the environment, 
including friable asbestos.
  ``(b) Within 18 months of enactment of this section, and after 
consultation with the Secretary of Agriculture, State of Alaska, and 
appropriate Alaska Native corporations and organizations, the Secretary 
shall submit to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate, a report addressing issues presented by the presence of 
contaminants on lands conveyed or prioritized for conveyance to such 
corporations pursuant to this Act. Such report shall consist of--
          ``(1) existing information concerning the nature and types of 
        contaminants present on such lands prior to conveyance to 
        Alaska Native corporations;
          ``(2) existing information identifying to the extent 
        practicable the existence and availability of potentially 
        responsible parties for the removal or remediation of the 
        effects of such contaminants;
          ``(3) identification of existing remedies;
          ``(4) recommendations for any additional legislation that the 
        Secretary concludes is necessary to remedy the problem of 
        contaminants on the lands; and
          ``(5) in addition to the identification of contaminants, 
        identification of structures known to have asbestos present and 
        recommendations to inform Native landowners on the containment 
        of asbestos.''.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF 
                    IMPLEMENTING REQUIRED RECONVEYANCES.

  Section 14(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1613(c)) is amended by adding at the end the following:
  ``There is authorized to be appropriated such sums as may be 
necessary for the purpose of providing technical assistance to Village 
Corporations established pursuant to this Act in order that they may 
fulfill the reconveyance requirements of section 14(c) of this Act. The 
Secretary may make funds available as grants to ANCSA or nonprofit 
corporations that maintain in-house land planning and management 
capabilities.''.

SEC. 105. NATIVE ALLOTMENTS.

  Section 1431(o) of the Alaska National Interest Lands Conservation 
Act (94 Stat. 2542) is amended by adding at the end the following:
          ``(5) Following the exercise by Arctic Slope Regional 
        Corporation of its option under paragraph (1) to acquire the 
        subsurface estate beneath lands within the National Petroleum 
        Reserve--Alaska selected by Kuukpik Corporation, where such 
        subsurface estate entirely surrounds lands subject to a Native 
        allotment application approved under 905 of this Act, and the 
        oil and gas in such lands have been reserved to the United 
        States, Arctic Slope Regional Corporation, at its further 
        option and subject to the concurrence of Kuukpik Corporation, 
        shall be entitled to receive a conveyance of the reserved oil 
        and gas, including all rights and privileges therein reserved 
        to the United States, in such lands. Upon the receipt of a 
        conveyance of such oil and gas interests, the entitlement of 
        Arctic Slope Regional Corporation to in-lieu subsurface lands 
        under section 12(a)(1) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1611(a)(1)) shall be reduced by the amount of 
        acreage determined by the Secretary to be conveyed to Arctic 
        Slope Regional Corporation pursuant to this paragraph.''.

SEC. 106. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKA 
                    VETERANS FOR ALLOTMENTS.

  (a) In General.--No later than 9 months after the date of enactment 
of this Act, the Secretary of the Interior, in consultation with the 
Secretary of Agriculture, the State of Alaska and appropriate Native 
corporations and organizations, shall submit to the Committee on 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report which shall include, but 
not be limited to, the following:
          (1) The number of Vietnam era veterans, as defined in section 
        101 of title 38, United States Code, who were eligible for but 
        did not apply for an allotment of not to exceed 160 acres under 
        the Act of May 17, 1906 (chapter 2469, 34 Stat. 197), as the 
        Act was in effect before December 18, 1971.
          (2) An assessment of the potential impacts of additional 
        allotments on conservation system units as that term is defined 
        in section 102(4) of the Alaska National Interest Lands 
        Conservation Act (94 Stat. 2375).
          (3) Recommendations for any additional legislation that the 
        Secretary concludes is necessary.
  (b) Requirement.--The Secretary of Veterans Affairs shall release to 
the Secretary of the Interior information relevant to the report 
required under subsection (a).
SEC. 107. TRANSFER OF WRANGELL INSTITUTE.

    (a) Property Transfer.--In order to effect a recision of the ANCSA 
settlement conveyance to Cook Inlet Region, Incorporated of the 
approximately 134.49 acres and structures located thereon 
(``property'') known as the Wrangell Institute in Wrangell, Alaska, 
upon certification to the Secretary by Cook Inlet Region, Incorporated, 
that the Wrangell Institute property has been offered for transfer to 
the City of Wrangell, property bidding credits in an amount of 
$475,000, together with adjustments from January 1, 1976 made pursuant 
to the methodology used to establish the Remaining Obligation 
Entitlement in the Memorandum of Understanding Between the United 
States Department of the Interior and Cook Inlet Region, Incorporated 
dated April 11, 1986, shall be restored to the Cook Inlet Region, 
Incorporated, property account in the Treasury established under 
section 12(b) of the Act of January 2, 1976 (Public Law 94-204, 43 
U.S.C. 1611 note), as amended, referred to in such section as the 
``Cook Inlet Region, Incorporated, property account''. Acceptance by 
the City of Wrangell, Alaska of the property shall constitute a waiver 
by the City of Wrangell of any claims for the costs of remediation 
related to asbestos, whether in the nature of participation or 
reimbursement, against the United States or Cook Inlet Region, 
Incorporated. The acceptance of the property bidding credits by Cook 
Inlet Region, Incorporated, Alaska of the property shall constitute a 
waiver by Cook Inlet Region, Incorporated of any claims for the costs 
of remediation related to asbestos, whether in the nature of 
participation or reimbursement, against the United States. In no event 
shall the United States be required to take title to the property. Such 
restored property bidding credits may be used in the same manner as any 
other portion of the account.
    (b) Hold Harmless.--Upon acceptance of the property bidding credits 
by Cook Inlet Region, Inc., the United States shall defend and hold 
harmless Cook Inlet Region, Incorporated, and its subsidiaries in any 
and all claims arising from asbestos or any contamination existing at 
the Wrangell Institute property at the time of transfer of ownership of 
the property from the United States to Cook Inlet Region, Incorporated.

SEC. 108. SHISHMAREF AIRPORT AMENDMENT.

    The Shishmaref Airport, conveyed to the State of Alaska on January 
5, 1967, in Patent No. 1240529, is subject to reversion to the United 
States, pursuant to the terms of that patent for nonuse as an airport. 
The Administrator of the Federal Aviation Administration is hereby 
directed to exercise said reverter in Patent No. 1240529 in favor of 
the United States within twelve months of the date of enactment of this 
section. Upon revesting of title, notwithstanding any other provision 
of law, the United States shall immediately thereafter transfer all 
right, title, and interest of the United States in the subject lands to 
the Shishmaref Native Corporation. Nothing in this section shall 
relieve the State, the United States, or any other potentially 
responsible party of liability, if any, under existing law for the 
cleanup of hazardous or solid wastes on the property, nor shall the 
United States or Shishmaref Native Corporation become liable for the 
cleanup of the property solely by virtue of acquiring title from the 
State of Alaska or from the United States.

SEC. 109. CONFIRMATION OF WOODY ISLAND AS ELIGIBLE NATIVE VILLAGE.

    The Native village of Woody Island, located on Woody Island, 
Alaska, in the Koniag Region, is hereby confirmed as an eligible Alaska 
Native Village, pursuant to Section 11(b)(3) of the Alaska Native 
Claims Settlement Act (ANCSA). It is further confirmed that Leisnoi, 
Inc., is the Village Corporation, as that term is defined in Section 
3(j) of ANCSA, for the village of Woody Island.
                     TITLE II--HAWAIIAN HOME LANDS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Hawaiian Home Lands Recovery 
Act''.

SEC. 202. DEFINITIONS.

    As used in this title:
          (1) Agency.--The term ``agency'' includes--
                  (A) any instrumentality of the United States;
                  (B) any element of an agency; and
                  (C) any wholly owned or mixed-owned corporation of 
                the United States Government.
          (2) Beneficiary.--The term ``beneficiary'' has the same 
        meaning as is given the term ``native Hawaiian'' under section 
        201(7) of the Hawaiian Homes Commission Act.
          (3) Chairman.--The term ``Chairman'' means the Chairman of 
        the Hawaiian Homes Commission of the State of Hawaii.
          (4) Commission.--The term ``Commission'' means the Hawaiian 
        Homes Commission established by section 202 of the Hawaiian 
        Homes Commission Act.
          (5) Hawaiian homes commission act.--The term ``Hawaiian Homes 
        Commission Act, 1920 (42 Stat. 108 et seq., chapter 42).
          (6) Hawaii state admission act.--The term ``Hawaii State 
        Admission Act'' means the Act entitled ``An Act to provide for 
        the admission of the State of Hawaii into the Union'', approved 
        March 18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 
        491).
          (7) Lost use.--The term ``lost use'' means the value of the 
        use of the land during the period when beneficiaries or the 
        Hawaiian Homes Commission have been unable to use lands as 
        authorized by the Hawaiian Homes Commission Act because of the 
        use of such lands by the Federal Government after August 21, 
        1959.
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 203. SETTLEMENT OF FEDERAL CLAIMS.

    (a) Determination.--
          (1) The Secretary shall determine the value of the following:
                  (A) Lands under the control of the Federal Government 
                that--
                          (i) were initially designated as available 
                        lands under section 203 of the Hawaiian Homes 
                        Commission Act (as in effect on the date of 
                        enactment of such Act); and
                          (ii) were nevertheless transferred to or 
                        otherwise acquired by the Federal Government.
                  (B) The lost use of lands described in subparagraph 
                (A).
          (2)(A) Except as provided in subparagraph (B), the 
        determinations of value made under this subsection shall be 
        made not later than 1 year after the date of enactment of this 
        Act. In carrying out this subsection, the Secretary shall use a 
        method of determining value that--
                  (i) is acceptable to the Chairman; and
                  (ii) is in the best interest of the beneficiaries.
          (B) The Secretary and the Chairman may mutually agree to 
        extend the deadline for making determinations under this 
        subparagraph beyond the date specified in subparagraph (A).
          (3) The Secretary and the Chairman may mutually agree, with 
        respect to the determinations of value described in 
        subparagraphs (A) and (B) of paragraph (1), to provide--
                  (A) for making any portion of the determinations of 
                value pursuant to subparagraphs (A) and (B) of 
                paragraph (1); and
                  (B) for making the remainder of the determinations 
                with respect to which the Secretary and the Chairman do 
                not exercise the option described in subparagraph (A), 
                pursuant to an appraisal conducted under paragraph (4).
          (4)(A) Except as provided in subparagraph (C), if the 
        Secretary and the Chairman do not agree on the determinations 
        of values made by the Secretary under subparagraphs (A) and (B) 
        of paragraph (1), or, pursuant to paragraph (3), mutually agree 
        to determine the value of certain lands pursuant to this 
        subparagraph, such values shall be determined by an appraisal. 
        An appraisal conducted under this subparagraph shall be 
        conducted in accordance with appraisal standards that are 
        mutually agreeable to the Secretary and the Chairman.
          (B) If an appraisal is conducted pursuant to this 
        subparagraph, during the appraisal process--
                  (i) the Chairman shall have the opportunity to 
                present evidence of value to the Secretary;
                  (ii) the Secretary shall provide the Chairman a 
                preliminary copy of the appraisal;
                  (iii) the Chairman shall have a reasonable and 
                sufficient opportunity to comment on the preliminary 
                copy of the appraisal; and
                  (iv) the Secretary shall give consideration to the 
                comments and evidence of value submitted by the 
                Chairman under this subparagraph.
          (C) The Chairman shall have the right to dispute the 
        determinations of values made by an appraisal conducted under 
        this subparagraph. If the Chairman disputes the appraisal, the 
        Secretary and the Chairman may mutually agree to employ a 
        process of bargaining, mediation, or other means of dispute 
        resolution to make the determinations of values described in 
        subparagraphs (A) and (B) of paragraph (1).
    (b) Authorization.--
          (1) Exchange.--Subject to paragraphs (2) and (5), the 
        Secretary may convey Federal lands described in paragraph (5) 
        to the Department of Hawaiian Home Lands in exchange for the 
        continued retention by the Federal Government of lands 
        described in subsection (a)(1)(A).
          (2) Value of lands.--(A) The value of any lands conveyed to 
        the Department of Hawaiian Home Lands by the Federal Government 
        in accordance with an exchange made under paragraph (1) may not 
        be less than the value of the lands retained by the Federal 
        Government pursuant to such exchange.
          (B) For the purposes of this subsection, the value of any 
        lands exchanged pursuant to paragraph (1) shall be determined 
        as of the date the exchange is carried out, or any other date 
        determined by the Secretary, with the concurrence of the 
        Chairman.
          (3) Lost use.--Subject to paragraphs (4) and (5), the 
        Secretary may convey Federal lands described in paragraph (5) 
        to the Department of Hawaiian Home Lands as compensation for 
        the lost use of lands determined under subsection (a)(1)(B).
          (4) Value of lost use.--(A) the value of any lands conveyed 
        to the Department of Hawaiian Home Lands by the Federal 
        Government as compensation under paragraph (3) may not be less 
        than the value of the lost use of lands determined under 
        subsection (a)(1)(B).
          (B) For the purposes of this subparagraph, the value of any 
        lands conveyed pursuant to paragraph (3) shall be determined as 
        of the date that the conveyance occurs, or any other date 
        determined by the Secretary, with the concurrence of the 
        Chairman.
          (5) Federal lands for exchange.--(A) Subject to subparagraphs 
        (B) and (C), Federal lands located in Hawaii that are under the 
        control of an agency (other than lands within the National Park 
        System or the National Wildlife Refuge System) may be conveyed 
        to the Department of Hawaiian Home Lands under paragraphs (1) 
        and (3). To assist the Secretary in carrying out this Act, the 
        head of an agency may transfer to the Department of the 
        Interior, without reimbursement, jurisdiction and control over 
        any lands and any structures that the Secretary determines to 
        be suitable for conveyance to the Department of Hawaiian Home 
        Lands pursuant to an exchange conducted under this section.
          (B) No Federal lands that the Federal Government is required 
        to convey to the State of Hawaii under section 5 of the Hawaii 
        State Admission Act may be conveyed under paragraph (1) or (3).
          (C) No Federal lands that generate income (or would be 
        expected to generate income) for the Federal Government may be 
        conveyed pursuant to an exchange made under this paragraph to 
        the Department of Hawaiian Home Lands.
    (c) Available Lands.--
          (1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary shall require that lands conveyed to the Department 
        of Hawaiian Home Lands under this Act shall have the status of 
        available lands under the Hawaiian Home Commission Act.
          (2) Subsequent exchange of lands.--Notwithstanding any other 
        provision of law, lands conveyed to the Department of Hawaiian 
        Home Lands under this paragraph may subsequently be exchanged 
        pursuant to section 204(3) of the Hawaiian Home Commission Act.
          (3) Sale of certain lands.--Notwithstanding any other 
        provision of law, the Chairman may, at the time that lands are 
        conveyed to the Department of Hawaiian Home Lands as 
        compensation for lost use under this Act, designate lands to be 
        sold. The Chairman is authorized to sell such land under terms 
        and conditions that are in the best interest of the 
        beneficiaries. The proceeds of such a sale may only be used for 
        the purposes described in section 207(a) of the Hawaiian Homes 
        Commission Act.
    (d) Consultation.--In carrying out their respective 
responsibilities under this section, the Secretary and the Chairman 
shall--
          (1) consult with the beneficiaries and organizations 
        representing the beneficiaries; and
          (2) report to such organizations on a regular basis 
        concerning the progress made to meet the requirements of this 
        section.
    (e) Hold Harmless.--Notwithstanding any other provision of law, the 
United States shall defend and hold harmless the Department of Hawaiian 
Home Lands, the employees of the Department, and the beneficiaries with 
respect to any claim arising from the ownership of any land or 
structure that is conveyed to the Department pursuant to an exchange 
made under this section prior to the conveyance to the Department of 
such land or structure.
    (f) Screening.--
          (1) In general.--Notwithstanding any other provision of law, 
        the Secretary of Defense and the Administrator of General 
        Services shall, at the same time as notice is provided to 
        Federal agencies that excess real property is being screened 
        pursuant to applicable Federal laws (including regulations) for 
        possible transfer to such agencies, notify the Chairman of any 
        such screening of real property that is located within the 
        State of Hawaii.
          (2) Response to notification.--Notwithstanding any other 
        provision of law, not later than 90 days after receiving a 
        notice under paragraph (1), the Chairman may select for 
        appraisal real property, or at the election of the Chairman, 
        portions of real property, that is the subject of a screening.
          (3) Selection.--Notwithstanding any other provision of law, 
        with respect to any real property located in the State of 
        Hawaii that, as of the date of enactment of this Act, is being 
        screened pursuant to applicable Federal laws for possible 
        transfer (as described in paragraph (1)) or has been screened 
        for such purpose, but has not been transferred or declared to 
        be surplus real property, the Chairman may select all, or any 
        portion of, such real property to be appraised pursuant to 
        paragraph (4).
          (4) Appraisal.--Notwithstanding any other provision of law, 
        the Secretary of Defense or the Administrator of General 
        Services shall appraise the real property or portions of real 
        property selected by the Chairman using the Uniform Standards 
        for Federal Land Acquisition developed by the Interagency Land 
        Acquisition Conference, or such other standard as the Chairman 
        agrees to.
          (5) Request for conveyance.--Notwithstanding any other 
        provision of law, not later than 30 days after the date of 
        completion of such appraisal, the Chairman may request the 
        conveyance to the Department of Hawaiian Home Lands of--
                  (A) the appraised property; or
                  (B) a portion of the appraised property, to the 
                Department of Hawaiian Home Lands.
          (6) Conveyance.--Notwithstanding any other provision of law, 
        upon receipt of a request from the Chairman, the Secretary of 
        Defense or the Administrator of the General Services 
        Administration shall convey, without reimbursement, the real 
        property that is the subject of the request to the Department 
        of Hawaiian Home Lands as compensation for lands identified 
        under subsection (a)(1)(A) or lost use identified under 
        subsection (a)(1)(B).
          (7) Real property not subject to recoupment.--Notwithstanding 
        any other provision of law, any real property conveyed pursuant 
        to paragraph (6) shall not be subject to recoupment based upon 
        the sale or lease of the land by the Chairman.
          (8) Valuation.--Notwithstanding any other provision of law, 
        the Secretary shall reduce the value identified under 
        subparagraph (A) or (B) of subsection (a)(1), as determined 
        pursuant to such subsection, by an amount equal to the 
        appraised value of any excess lands conveyed pursuant to 
        paragraph (6).
          (9) Limitation.--No Federal lands that generate income (or 
        would be expected to generate income) for the Federal 
        Government may be conveyed pursuant to this subsection to the 
        Department of Hawaiian Home Lands.
SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN HOMES 
                    COMMISSION ACT.

    (a) Notice to the Secretary.--Not later than 120 days after a 
proposed amendment to the Hawaiian Homes Commission Act is approved in 
the manner provided in section 4 of the Hawaii State Admission Act, the 
Chairman shall submit to the Secretary--
          (1) a copy of the proposed amendment;
          (2) the nature of the change proposed to be made by the 
        amendment; and
          (3) an opinion regarding whether the proposed amendment 
        requires the approval of Congress under section 4 of the Hawaii 
        State Admission Act.
    (b) Determination by Secretary.--Not later than 60 days after 
receiving the materials required to be submitted by the Chairman 
pursuant to subsection (a), the Secretary shall determine whether the 
proposed amendment requires the approval of Congress under section 4 of 
the Hawaii State Admission Act, and shall notify the Chairman and 
Congress of the determination of the Secretary.
    (c) Congressional Approval Required.--If, pursuant to subsection 
(b), the Secretary determines that the proposed amendment requires the 
approval of Congress, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Resources of the House of Representatives--
          (1) a draft joint resolution approving the amendment;
          (2) a description of the change made by the proposed 
        amendment and an explanation of how the amendment advances the 
        interests of the beneficiaries;
          (3) a comparison of the existing law (as of the date of 
        submission of the proposed amendment) that is the subject of 
        the amendment with the proposed amendment;
          (4) a recommendation concerning the advisability of approving 
        the proposed amendment; and
          (5) any documentation concerning the amendments received from 
        the Chairman.

SEC. 205. LAND EXCHANGES.

    (a) Notice to the Secretary.--If the Chairman recommends for 
approval an exchange of Hawaiian Home Lands, the Chairman shall submit 
a report to the Secretary on the proposed exchange. The report shall 
contain--
          (1) a description of the acreage and fair market value of the 
        lands involved in the exchange;
          (2) surveys and appraisals prepared by the Department of 
        Hawaiian Home Lands, if any; and
          (3) an identification of the benefits to the parties of the 
        proposed exchange.
    (b) Approval or Disapproval.--
          (1) In general.--Not later than 120 days after receiving the 
        information required to be submitted by the Chairman pursuant 
        to subsection (a), the Secretary shall approve or disapprove 
        the proposed exchange.
          (2) Notification.--The Secretary shall notify the Chairman, 
        the Committee on Energy and Natural Resources of the Senate, 
        and the Committee on Research of the House of Representatives 
        of the reasons for the approval or disapproval of the proposed 
        exchange.
    (c) Exchanges Initiated by Secretary.--
          (1) In general.--The Secretary may recommend to the Chairman 
        an exchange of Hawaiian Home Lands for Federal lands described 
        in section 203(b)(5), other than lands described in 
        subparagraphs (B) and (C) of such section. If the Secretary 
        initiates a recommendation for such an exchange, the Secretary 
        shall submit a report to the Chairman on the proposed exchange 
        that meets the requirements of a report described in subsection 
        (a).
          (2) Approval by chairman.--Not later than 120 days after 
        receiving a recommendation for an exchange from the Secretary 
        under paragraph (1), the Chairman shall provide written 
        notification to the Secretary of the approval or disapproval of 
        a proposed exchange. If the Chairman approves the proposed 
        exchange, upon receipt of the written notification, the 
        Secretary shall notify the Committee on Energy and Natural 
        Resources of the Senate, and the Committee on Resources of the 
        House of Representatives of the approval of the Chairman of the 
        proposed exchange.
          (3) Exchange.--Upon providing notification pursuant to 
        paragraph (2) of a proposed exchange that has been approved by 
        the Chairman pursuant to this section, the Secretary may carry 
        out the exchange.
    (d) Selection and Exchange.--
          (1) In general.--Notwithstanding any other provision of law, 
        the Secretary may--
                  (A) select real property that is the subject of 
                screening activities conducted by the Secretary of 
                Defense or the Administrator of General Services 
                pursuant to applicable Federal laws (including 
                regulations) for possible transfer to Federal agencies; 
                and
                  (B) make recommendations to the Chairman concerning 
                making an exchange under subsection (c) that includes 
                such real property.
          (2) Transfer.--Notwithstanding any other provision of law, if 
        the Chairman approves an exchange proposed by the Secretary 
        under paragraph (1)--
                  (A) the Secretary of Defense or the Administrator of 
                General Services shall transfer the real property 
                described in paragraph (1)(A) that is the subject of 
                the exchange to the Secretary without reimbursement; 
                and
                  (B) the Secretary shall carry out the exchange.
          (3) Limitation.--No Federal lands that generate income (or 
        would be expected to generate income) for the Federal 
        Government may be conveyed pursuant to this subjection to the 
        Department of Hawaiian Home Lands.
    (e) Surveys and Appraisals.--
          (1) Requirement.--The Secretary shall conduct a survey of all 
        Hawaiian Home Lands based on the report entitled ``Survey Needs 
        for the Hawaiian Home Lands'', issued by the Bureau of Land 
        Management of the Department of the Interior, and dated July 
        1991.
          (2) Other surveys.--The Secretary is authorized to conduct 
        such other surveys and appraisals as may be necessary to make 
        an informed decision regarding approval or disapproval of a 
        proposed exchange.

SEC. 206. ADMINISTRATION OF ACTS BY UNITED STATES.

    (a) Designation.--
          (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary shall designate an 
        individual from within the Department of the Interior to 
        administer the responsibilities of the United States under this 
        title and the Hawaiian Homes Commission Act.
          (2) Default.--If the Secretary fails to make an appointment 
        by the date specified in paragraph (1), or if the position is 
        vacant at any time thereafter, the Assistant Secretary for 
        Policy, Budget, and Administration of the Department of the 
        Interior shall exercise the responsibilities for the Department 
        in accordance with subsection (b).
    (b) Responsibilities.--The individual designated pursuant to 
subsection (a) shall, in administering the laws referred to in such 
subsection--
          (1) advance the interests of the beneficiaries; and
          (2) assist the beneficiaries and the Department of Hawaiian 
        Home Lands in obtaining assistance from programs of the 
        Department of the Interior and other Federal agencies that will 
        promote homesteading opportunities, economic self-sufficiency, 
        and social well-being of the beneficiaries.

SEC. 207. ADJUSTMENT.

    The Act of July 1, 1932 (47 Stat. 564, chapter 369; 25 U.S.C. 386a) 
is amended by striking the period at the end and adding the following; 
``: Provided further, That the Secretary shall adjust or eliminate 
charges, defer collection of construction costs, and make no assessment 
on behalf of such charges for beneficiaries that hold leases on 
Hawaiian home lands, to the same extent as is permitted for individual 
Indians or tribes of Indians under this section.''.

SEC. 208. REPORT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Chairman shall report to the Secretary 
concerning any claims that--
          (1) involve the transfer of lands designated as available 
        lands under section 203 of the Hawaiian Homes Commission Act 
        (as in effect on the date of enactment of such Act; and
          (2) are not otherwise covered under this title.
    (b) Review.--No later than 180 days after receiving the report 
submitted under subsection (a), the Secretary shall make a 
determination with respect to each claim referred to in subsection (a), 
whether, on the basis of legal and equitable considerations, 
compensation should be granted to the Department of Hawaiian Home 
Lands.
    (c) Compensation.--If the Secretary makes a determination under 
subsection (b) that compensation should be granted to the Department of 
Hawaiian Home Lands, the Secretary shall determine the value of the 
lands and lost use in accordance with the process established under 
section 203(a), and increase the determination of value made under 
subparagraphs (A) and (B) of section 203(a)(1) by the value determined 
under this subsection.

SEC. 209. AUTHORIZATION.

    There are authorized to be appropriated such sums as may be 
necessary for compensation to the Department of Hawaiian Home Lands for 
the value of the lost use of lands determined under section 203. 
Compensation received by the Department of Hawaiian Home Lands from 
funds made available pursuant to this section may only be used for the 
purposes described in section 207(a) of the Hawaiian Homes Commission 
Act. To the extent that amounts are made available by appropriations 
pursuant to this section for compensation paid to the Department of 
Hawaiian Home Lands for lost use, the Secretary shall reduce the 
determination of value established under section 203(a)(1)(B) by such 
amount.
                         Purpose of the Measure

    The purposes of H.R. 402 are to (Title I) make technical 
changes to the Alaska Native Claims Settlement Act of 1971 
(Public Law 92-203) and the Alaska National Interest Lands 
Conservation Act (Public Law 96-487) to resolve issues not 
envisioned at the time of passage of these acts and to provide 
for the conveyance of certain lands within the State of Alaska; 
and (Title II) to provide for the administration of the 
Hawaiian Homes Commission Act.

                          Background and Need

                                title I

    The purpose of the Alaska Native Claims Settlement Act of 
1971 (ANCSA) was to help settle the aboriginal land claims of 
the Alaska Native people. The goals of ANCSA were two-fold: (1) 
to establish property rights of Alaska Natives to their 
aboriginal lands; and (2) to secure an economic base for their 
long-term survival as a people. ANCSA created 13 regional 
corporations and 200 village corporations, and granted the 
corporations 44 million aces of land and $926.5 million. This 
bill is the result of a largely cooperative effort among the 
Alaska Federation of Natives, the State of Alaska, the 
administration and other interested parties to address some 
technical problems which have arisen since the passage of 
ANCSA.

                                title II

    The Hawaiian Homes Commission Act was passed by the U.S. 
Congress on July 9, 1921, for the purpose of ``rehabilitating'' 
Native Hawaiians by returning them to their lands through a 
Federally-sponsored homesteading program. Approximately 200,000 
acres were set aside under the act which provides that Native 
Hawaiians (defined as lineal descendants of inhabitants of the 
Hawaiian Islands prior to 1778, of at least 50% blood quantum) 
are eligible to lease Hawaiian home lands for up to 199 years.
    Title to Hawaiian home lands was held by the Federal 
Government until Hawaii was admitted into the Union on August 
20, 1959, under the Hawaii Admission Act. As a condition of 
admission, Congress required that the HHCA be adopted as a 
provision of the State constitution, thereby transferring the 
management and disposition of the Hawaiian home land program to 
the State of Hawaii. Congress must approve substantive 
amendments made by the State of Hawaii, the Secretary of the 
Interior must approve any exchange of land, and the Attorney 
General is authorized to sue the State if it breaches its 
responsibility to HHCA beneficiaries.
    After admission into the Union, Hawaii's Department of 
Hawaiian Home Lands (the ``DHHL'') was vested into the 
authority to continue the process of providing Native Hawaiian 
with homestead property. Over the years, the DHHL has attempted 
discharge this responsibility. Many Native Hawaiians have not 
received leases and the Federal Government has continued to use 
some Hawaiian home lands for military purposes.
    There has been a series of studies and reports on the 
administration of the program during territorial times, as well 
as subsequent to Statehood. Part of the focus has been on the 
transfers of certain parcels of land from the program to the 
Federal Government, whether such transfers were legal, whether 
there are any legal remedies, and the amount of harm, if any, 
suffered by the program as a result of the transfer. Title II 
is designed to provide equitable relief.
    Title II would authorize the Secretary of the Interior to 
provide for the exchange of Federal land in Hawaii as a means 
of settling claims against the United States. Such a land 
exchange would be accomplished through a process overseen by 
the Secretary of the Interior. This legislation would also 
authorize the Secretary to convey lands to the DHHL as 
compensation for the lost use of lands initially designated as 
Hawaiian home lands under section 203 of the Hawaiian Homes 
Commission Act. Lost use would be based on the continuing 
Federal use of this land since Hawaii's statehood.

                          Legislative History

    H.R. 402 was introduced in the House of Representatives by 
Congressman Don Young of Alaska on January 4, 1995, and 
referred to the Committee on Resources. On February 8, 1995 the 
full Committee on Resources reported H.R. 402. H.R. 402 passed 
the House on March 15, 1995. Senator Murkowski introduced a 
companion bill, S. 537, in the Senate on March 10, 1995. The 
Senate Energy Committee held a hearing on H.R. 402 and S. 537 
on April 27, 1995.
    In the 103rd Congress, legislation containing provisions 
included in Title I was introduced in both the House and the 
Senate. The House bill, H.R. 3612 passed the House. No action 
was taken in the Senate. Legislation containing provisions 
included in Title II, S. 2174, was introduced by Senator Akaka 
in the 103rd Congress on June 9, 1994. The Subcommittee Mineral 
Resources and Development held a hearing on S. 2174 on June 16, 
1994. At the business meeting on September 21, 1994, the 
Committee on Energy and Natural Resources ordered S. 2174, as 
amended, favorably reported. S. 2174 as amended was passed by 
the Senate in the closing days of the 103rd Congress, but no 
action was taken in the House.
    At the business meeting on June 28, 1995, the Committee on 
Energy and Natural Resources ordered H.R. 402 favorably 
reported with an amendment in the nature of a substitute.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on March 29, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 402, as 
amended as described herein.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield*
Mr. Domenici
Mr. Nickles*
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Jeffords
Mr. Burns
Mr. Johnston*
Mr. Bumpers
Mr. Ford*
Mr. Bradley
Mr. Bingaman*
Mr. Akaka
Mr. Wellstone
Mr. Heflin
Mr. Dorgan

    *Indicates voted by proxy.

                      Section-by-Section Analysis
                title i--alaska native claims settlement

Section 101. Ratification of certain Caswell and Montana Creek Native 
        Association conveyances

    Section 101 adopts and ratifies as a matter of Federal law 
an agreement between Cook Inlet Region, Inc., Caswell Native 
Association, Inc., and Montana Creek Native Association, Inc. 
This agreement conveys 11,520 acres to each Native association 
in fulfillment of their ANCSA land selections.
    Under section 14(h)(2) of ANCSA, Native groups that did not 
qualify as Native villages, such as Montana Creek and Caswell, 
were entitled to receive ``not more than 23,040 acres [of land] 
surrounding the Native group's locality''. In 1974, the Alaska 
Native Claims Appeal Board, Office of Hearings and Appeals 
certified Caswell and Montana Creek as Native groups, thus 
setting their village eligibility disputes. In addition, the 
Appeals Board held that Caswell and Montana Creek each were 
entitled to receive 11,520 acres of land under section 
14(h)(2). In February 1976, Cook Inlet Region, Inc. (CIRI) 
entered into an agreement with the two Native associations to 
convey 11,520 acres to each association.
    Ratification of this agreement will make the lands eligible 
for fire protection under section 22(e) of ANSCA and offer 
additional protection to underdeveloped lands under section 907 
of ANILCA. The ratification of this agreement will not 
adversely impact the section 14(h) entitlements of other ANCSA 
corporations, nor will it be the basis for any claim by the 
Caswell or Montana Creek Native associations or any other ANCSA 
corporation, including CIRI, against the State of Alaska, the 
United States or CIRI.

Section 102. Mining claims after lands conveyed to Alaska Regional 
        Corporation

    This section amends ANCSA to clarify mining regulatory 
authority and administration of mining claims on lands conveyed 
to a regional corporation. This section directs the Secretary 
of Interior, acting through the Bureau of Land Management 
(BLM), to transfer the administration of certain mining claims 
entirely within lands conveyed to a regional corporation to the 
regional corporation.
    When lands were transferred to regional corporations under 
ANCSA sections 11(a)(1), 11(a)(2) and 16, they were conveyed 
subject to valid existing rights, including rights to mineral 
entry. According to the Department of the Interior, miners who 
failed to meet deadlines in ANCSA to patent their mining claims 
also lost the right to obtain a patent from the Federal 
Government under the Federal Land Policy and Management Act 
(FLPMA). Following a 1981 court case, the BLM took the position 
that it no longer had jurisdiction to administer Federal mining 
claims on conveyed land under ANCSA. At the same time, ANCSA 
does not clearly authorize a regional corporation to take over 
the administration of mining claims on these lands. This 
inefficiency in Federal law resulted in confusion for BLM, the 
regional corporations as well as mining claimants.
    This section would address this void in Federal law by 
expressly transferring administration of mining claims from BLM 
to a regional corporation on lands withdrawn under sections 
11(a)(1), 11(a)(2) and 16 of ANCSA. The regional Native 
corporation would administer the mining claims pursuant to 
applicable Federal law, including the requirements of the 
general mining laws and section 314 of FLPMA.
    The regional corporation would receive revenues from the 
mining claims otherwise due the United States. For mining 
claims not totally within the boundaries of lands conveyed to a 
regional corporation, the regional corporation is entitled only 
to that portion of revenues, other than administrative fees, 
reasonably allocated to that portion of the mining claim.

Section 103. Settlement of claims arising from hazardous substance 
        contamination of transferred lands

    This section adds a new section 40 to ANCSA. Under this new 
section, the Secretary of the Interior, in consultation with 
the Secretary of Agriculture, the State of Alaska and 
appropriate Alaska Native corporations and organizations, shall 
submit a report to Congress addressing issues presented by the 
presence of contaminants on lands conveyed or prioritized for 
conveyance to ANCSA corporations. The report is due 18 months 
after the date of enactment of H.R. 402.
    The report shall: (1) provide existing information 
concerning the nature and types of contaminants present on such 
lands prior to conveyance to Alaska Native corporations; (2) 
provide existing information identifying, to the extent 
practicable, the existence and availability of potentially 
responsible parties for the removal or remediation of the 
effects of such contaminants; (3) identify existing remedies; 
(4) make recommendations for any additional legislation 
necessary to remedy the problem of contaminants on such lands; 
and (5) identify structures known to have asbestos present and 
recommendations to inform Native landowners on the containment 
of asbestos.
    This report will provide Congress with additional 
background information to consider further corrective measures, 
if any, for Alaska Native corporations which contend they have 
selected or received little title to contaminants on such 
lands.
    This report will provide Congress with additional 
background information to consider further corrective measures, 
if any, for Alaska Native corporations which contend they 
selected or received title to contaminated lands in fulfillment 
of their ANCSA land entitlement.
    It is the intention of the committee that the terms in 
section 103 be defined consistent with the Comprehensive 
Environmental Response, Compensation, and Liability Act (Public 
Law 96-510).
Section 104. Authorization of appropriations for the purposes of 
        implementing required reconveyances

    Section 104 of the bill amends ANCSA to authorize 
appropriations to provide technical assistance to village 
corporations so they may implement required reconveyances under 
section 14(c) of the Act. This section authorizes the Secretary 
of Interior to provide funds for technical assistance through a 
grant program to any ANCSA corporation or non-profit 
corporations, provided they maintain in-house land planning and 
management capabilities.
    ANCSA mandated that village corporations who are eligible 
to select lands under section 14(c) must reconvey various 
surface estates to third parties who have prior existing rights 
to those lands. There are 209 village who are eligible to 
select ANCSA lands, but to date none of these villages have 
received their full land entitlements. Of those village which 
have received partial transfers of land, between seven and 15 
have completed the required reconveyances. The cost of ANCSA 
reconveyances will vary from village to village based on the 
complexities of land ownership patterns. However, the 
Evansville village corporation expended approximately $10,000 
to fully implement its ANCSA section 14(c) obligations. While 
Evansville is one of the smaller villages, other estimated 
total costs range from $35,000 to $60,000 per village to 
complete all necessary reconveyances. Based on its experiences 
with land reconveyances in the past, the Alaska Federation of 
Natives estimates the implementation cost of section 14(c) to 
be approximately $400,000 to $450,000 per year.

Section 105. Native allotments

    Section 105 amends ANILCA to allow the Arctic Slope 
Regional Corporation (ASRC) to select the subsurface estate 
beneath Native allotments that are completely surrounded by 
Kuukpik Corporation selected lands within the National 
Petroleum Reserve--Alaska (NPR-A).
    Two Native allotments in the NPR-A are surrounded by lands 
conveyed to the village corporation of Nuiqsut, the Kuukpik 
Corporation. The subsurface estate under the Nuiqsut lands has 
been conveyed to ASRC under ANILCA, while the subsurface estate 
(including rights to oil and gas) in the two Native allotments 
remains in control of the United States. Section 5 of H.R. 402 
permits ASRC, at its option, to relinquish to the United States 
a portion of its entitlement under section 12(a)(1) of ANCSA in 
exchange for the reserved oil and gas interests of the United 
States beneath the two Native allotments in the NPR-A.
    Any selections which would include oil and gas rights and 
all rights and privileges reserved to the U.S. would reduce 
ASRC's ANCSA section 12(a)(1) entitlement on an acre-for-acre 
basis. These two native allotments in the NPR-A total less than 
240 acres and the exercise of this option by ASRC would 
consolidate ownership of the subsurface estate and eliminate 
isolated tracts of Federal oil and gas interests.
Section 106. Report concerning open season for certain Alaskan veterans 
        for allotments

    This section directs the Secretary of the Interior to 
submit to Congress within nine months of the date of enactment 
of H.R. 402 a report on the number of Vietnam-era veterans who 
were eligible but did not receive an allotment of up to 160 
acres of land under the Native Allotment Act of 1906. In 
addition, the report is to include recommendations for any 
additional necessary legislation. The Secretary of the Interior 
by releasing any relevant information necessary to prepare the 
required report.
    Under the Native Allotment Act of 1906, only 200 allotment 
applications were received by the Bureau of Indian Affairs 
(BIA) in Alaska before 1970. Late in 1969, the Rural Alaska 
Community Action Program and Alaska Legal Services along with 
others made a conscious effort to educate Alaska Natives on the 
program and assisted qualified Alaska Natives in filing 
applications. Over 8,000 additional applications were filed 
before the Act was repealed by ANCSA on December 18, 1971.
    Many Alaska Natives were serving in the Armed Services 
during the late 60's and early 70's when the BIA opened the 
application process to Alaska Natives. Consequently, many of 
those Alaska Native veterans on active duty in Vietnam were 
unreachable, and missed their opportunity to apply for their 
Native allotments. This section would start the process to 
rectify this inequity.

Section 107. Transfer of Wrangell Institute

    Section 107 would allow Cook Inlet Region, Incorporated 
(CIRI) to receive $475,000 in property bidding credits plus 
adjustments from January 1, 1976 made pursuant to the 
methodology used to establish the Remaining Obligation 
Entitlement in the Memorandum of Understanding between the 
United States Department of the Interior and Cook Inlet Region, 
Inc. dated April 11, 1986, if CIRI offers the Wrangell 
Institute, a former BIA boarding school, to the City of 
Wrangell. The formula for adjustment referred to in the 
Memorandum in effect applies the Consumer Price Index to 
inflation-proof the property bidding credit account. If the 
City accepts the property it waives any claims against the 
Federal Government or CIRI for the cost of the cleanup of the 
asbestos. When CIRI accepts the bidding credits, it also waives 
any claims against the Federal Government for the cost of the 
asbestos cleanup. The provision would also hold CIRI harmless 
for claims related to asbestos and any contamination that was 
on the property when it was transferred from the Federal 
Government to CIRI. The Wrangell Institute is a former BIA 
school that was conveyed to CIRI in fulfillment of the 
corporation's ANCSA land selections. Section 7 would eliminate 
any Federal obligation to clean up or remediate asbestos and 
other contamination on the property which was originally 
constructed and owned by the federal government. Under no 
circumstances is the United States required to take title to 
the property.

Section 108. Shishmaref Airport amendment

    This section directs the Administrator of the Federal 
Aviation Administration to reacquire the interests originally 
conveyed pursuant to a patent of airport land in Shishmaref, 
Alaska, from the State of Alaska, and then transfer all right, 
title and interest in this airport to the Shishmaref Native 
Corporation. This transfer does not relieve the United States, 
the State of Alaska or any other potentially responsible party 
from liability under existing law for clean up of hazardous or 
solid wastes. In addition, neither the United States nor the 
Shishmaref Native Corporation is liable for any clean up of the 
site merely by virtue of acquiring title from the State or the 
United States under this section.
    This conveyance of approximately 30 acres will allow for 
expansion of the village. The Committee intends that this 
transfer should not be charged to the entitlement of Shishmaref 
Native Corporation under any provision of ANCSA.
    The transfer of all right, title and interest of the United 
States in the subject lands includes both the surface and 
subsurface estate.

Section 109. Confirmation of Woody Island as eligible Native Village

    Section 109 confirms that Woody Island, located on Woody 
Island, Alaska, is an eligible Alaska Native village under 
Section 11(b)(3) of ANCSA and that Leisnoi, Incorporated is the 
Village Corporation for the village of Woody Island.
    In 1974, the Bureau of Indian Affairs certified Woody 
Island as an eligible Native village under Section 11(b)(3) of 
ANCSA. Two hundred and thirty-five Alaska Natives were enrolled 
to the village of Woody Island. Leisnoi, Inc. was formed as the 
village corporation for the Native village of Woody Island. In 
1980, Congress recognized Leisnoi, Inc. as a village 
corporation in section 1427 of ANILCA. The section authorized 
the exchange of certain lands and land selection rights of 
Leisnoi, Koniag and other villages in the Koniag Region. An 
individual, in the name of public interest, has recently 
reopened a 1976 court case challenging the eligibility of Woody 
Island. The lawsuit attempts to challenge, almost 20 years 
after the fact, the regulations promulgated by the Department 
of the Interior to determine the eligibility of Native 
villages. If those regulations were deemed invalid, then the 
certification of other Native villages could be called into 
question. The purpose of ANCSA was to settle with some rapidity 
and finality the aboriginal claims of the Alaska Native 
peoples. That goal could be thwarted if the issue of Native 
village eligibility is reopened 20 years after the villages 
have been designated. The Committee believes the public 
interest will be served by confirming Woody Island as an 
eligible village under ANCSA and Leisnoi, Inc. a valid ANCSA 
village corporation.
                     title ii--hawaiian home lands

    Section 201 identifies title II as ``The Hawaiian Home 
Lands Recovery Act.''
    Section 202 defines certain terms used in title II.
    Section 203 provides for the settlement of disputed land 
transfers by establishing a mechanism for valuing Hawaiian home 
lands under the control of the Federal Government and 
authorizing an exchange of land based upon the determination of 
value.
    Subsection (a) requires the Secretary of the Interior (the 
``Secretary'') to determine the value of home lands that were 
transferred or otherwise acquired by the Federal Government as 
well as the value of the lost use of such lands. The subsection 
provides that if the Secretary and the Hawaiian Homes 
Commission Chairman (the ``Chairman'') do not agree on the 
determinations of value made by the Secretary, the value will 
be determined by appraisal. The Chairman is allowed to present 
evidence of value to the Secretary, comment on an appraisal of 
lands, and dispute the appraisal prepared by the Secretary.
    Subsection (b) authorizes the Secretary to convey Federal 
lands to the Department of Hawaiian Home Lands (the ``DHHL''). 
Such conveyances are in exchange for Hawaiian home lands 
retained by the Federal Government as well as in compensation 
for lost use of such lands. No land within the National Park 
System or the National Wildlife System, land that the Federal 
Government is required to convey to the State of Hawaii under 
section 5 of the Hawaii State Admissions Act (the ``Admission 
Act'') or Federal land that generates income are eligible for 
exchange.
    Subsection (c) provides that lands conveyed to the DHHL 
shall have the status of available lands as defined under the 
HHCA.
    Subsection (d) requires the Secretary and the Chairman to 
consult with the beneficiaries concerning the progress made in 
implementing this title.
    Subsection (e) indemnifies the DHHL, its employees, and 
Hawaiian home beneficiaries from claims relating to Federal 
ownership of lands conveyed under this section.
    Subsection (f) requires that the Chairman be notified of 
the availability of Federal lands for possible exchange and 
transfer to DHHL. Upon notification, the Chairman is authorized 
to select lands for exchange. The lands selected shall be 
appraised using the Uniform Standards for Federal Land 
Acquisition and thereafter be conveyed to DHHL. The Secretary 
is required to reduce the value of lands owed to DHHL by the 
value of land conveyed.
    Section 204 sets forth the procedure for approval of 
amendments to the HHCA, as required by the Admission Act. The 
Secretary shall determine whether proposed amendments require 
Congressional approval under section 4 of the Admission Act. 
The Chairman is required to submit information to the Secretary 
which will assist the Secretary in making this determination. 
If the Secretary determines that the amendment meets the 
criteria in section (4) of the Admission Act and the consent of 
Congress is required, the Secretary shall submit a draft joint 
resolution, together with supporting justification, for 
consideration by Congress.
    Section 205 establishes a process for the exchange of lands 
as authorized by section 204(4) of the HHCA. If an exchange of 
lands is requested by the Chairman, the Chairman is required to 
submit a report to the Secretary listing lands recommended for 
exchange. The Secretary must then approve or disapprove the 
recommendation, notifying the relevant committees of Congress 
of his determinations. Under this section, the Secretary may 
also recommend exchanges, subject to similar approval 
requirements. The purpose of this provision is to permit 
Hawaiian home lands that are of marginal use for homesteading 
to be exchanged for Federal land that is better suited for 
housing. This section also requires the Secretary to conduct a 
survey of Hawaiian home lands to verify the land inventory.
    Section 206 requires the Secretary to designate an official 
to administer Federal responsibilities under the HHCA. The 
section charges the designated official with responsibility for 
advancing the interests of beneficiaries and promoting 
homestead opportunities, economic self-sufficiency, and social 
well-being.
    Section 207 provides that cost sharing for reclamation 
projects on Hawaiian home lands shall be the same as cost 
sharing for projects on Indian lands.
    Section 208 requires the Chairman to report to the 
Secretary on unresolved Hawaiian home land claims that are not 
covered by this title. The Secretary is authorized to review 
the report and determine whether compensation should be 
provided in the same manner as authorized for land claims 
covered by this title.
    Section 209 authorizes appropriations to carry out the 
purposes of title II.
                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 11, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 537, a bill to amend 
the Alaska Native Claims Settlement Act, and for other 
purposes.
    Enacting S. 537 would affect direct spending. Therefore, 
pay-as-you-go procedures would apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: S. 537.
    2. Bill title: A bill to amend the Alaska Native Claims 
Settlement Act, and for other purposes.
    3. Bill status: As ordered reported by the Senate Committee 
on Energy and Natural Resources on June 28, 1995.
    4. Bill purpose: S. 537 would amend the Alaska Native 
Claims Settlement Act (ANCSA) and provide for the settlement of 
Native Hawaiian claims against the federal government under the 
Hawaiian Homes Commission Act.
    Title I would allow the reconveyance of land among Alaska 
Native corporations and require the transfer of mining claims 
from the federal government to Native corporations. 
Additionally, Title I would authorize Cook Inlet Region, Inc. 
(CIRI), a Native corporation, to offer to the City of Wrangell, 
Alaska, certain lands in exchange for property bidding credits 
plus adjustments from the federal government. The United States 
would not hold title to nor assume responsibility for the clean 
up of the property; however, it would relieve the corporation 
from any liability associated with asbestos or other 
contaminants found on the property. Title I also would require 
the Department of the Interior (DOI) to conduct a number of 
studies, and would authorize the appropriation of such sums as 
may be necessary for DOI to provide technical assistance to 
Alaskan village corporations.
    Title II of the bill would provide for the conveyance of 
federal lands in Hawaii to the Department of Hawaiian Home 
Lands (DHHL) in exchange for the federal government's continued 
use of lands set aside for the homesteading of Native Hawaiians 
under the Hawaiian Homes Commission Act (HHCA), 1920, and for 
the settlement of claims arising from the lost use, or forgone 
rent, of authorized HHCA lands used by the federal government 
after August 1959. Title II would direct DOI to determine the 
current value of HHCA lands under the control of the federal 
government and the historic value of the lost use of HHCA 
lands. Title II also would authorize the appropriation of all 
funds necessary to settle claims for lost use of HHCA land. 
Federal land that generates income or would be expected to 
generate income for the federal government would not be 
available for conveyance under this act.
    5. Estimated cost to the Federal Government: Enactment of 
S. 537 would increase discretionary spending, subject to 
appropriations of the necessary funds, and would result in a 
loss of offsetting receipts (thereby increasing direct 
spending) as shown in the following table.

----------------------------------------------------------------------------------------------------------------
                                                          1996       1997        1998        1999         200   
----------------------------------------------------------------------------------------------------------------
Authorizations:                                                                                                 
    Estimated authorization level \1\................        1.9         1.0         1.0         1.0         0.4
    Estimated Outlays................................        1.4         1.2         1.0         1.0         0.5
Direct spending:                                                                                                
    Estimated budget authority.......................        1.1         0           0           0           0  
    Estimated Outlays................................        1.1         0           0           0           0  
----------------------------------------------------------------------------------------------------------------
\1\ CBO estimates that additional appropriations would begin in fiscal year 2000 to settle any remaining claims 
  for lost use of land under the Hawaiian Home Lands Recovery Act, but we cannot estimate that amount of this   
  time.                                                                                                         

    The costs of this bill fall within budget functions 300 and 
800.
    CBO assumes that S. 537 would be enacted by the end of 
fiscal year 1995 and that funds would be appropriated as 
estimated to carry out the required activities. The 
requirements set forth in this bill are new and would increase 
DOI's costs by the amounts shown in the previous table.
    6. Basis of estimate: Section 102 of S. 537 would amend the 
Alaska Native Claims Settlement Act to clarify that Native 
corporations have the authority to regulate activities on 
mining claims located on lands conveyed to them by the federal 
government. DOI estimates that in the process of transferring 
authority to regulate the claims to the corporations, the 
agency would incur a cost of about $ 100,000 in 1996. Final 
conveyance of the claims to the corporations would also mean 
that the federal government would no longer collect any fees 
associated with these claims. Because DOI is currently 
collecting little, if anything, in fees from the claims 
affected by this section, we do not expect such losses to be 
significant.
    Section 103 would require DOI to submit a report to the 
Congress on the presence of hazardous substances on lands 
conveyed to Native corporations under ANCSA. Based on 
information provided by DOI, we estimate that this report would 
cost about $750,000 and would be completed over an 18-month 
period beginning in 1996.
    Section 104 would authorize the appropriation of such sums 
as may be necessary for DOI to provide technical assistance to 
village corporations as they reconvey land as required under 
ANCSA. Based on information provided by DOI and the Alaska 
Federation of Natives, we estimate that technical assistance 
would cost about $400,000 annually.
    Section 107 would rescind the conveyance of approximately 
134.5 acres of land and the structures located on the land to 
Cook Inlet Region, Incorporated, a native corporation, in 1977 
as part of this entitlement under ANCSA. Upon offering this 
property to the City of Wrangell, CIRI would receive property 
bidding credits in the amount of approximately $1.1 million, 
even if Wrangell does not accept the offer. Of the $1.1 million 
in credits, $475,000 would represent the net price of the 
returned property, and approximately $605,000 would represent 
consumer price index (CPI) adjustments made semiannually from 
January 1976 through the end of 1994. Because the property was 
contaminated at the time of CIRI's acquisition, the CPI 
adjustments would represent the interest that would have been 
earned had the bidding credits instead been invested. The 
credits would be deposited in CIRI's Treasury property account 
to be used to acquire federal property.
    In addition, section 107 would provide that the property 
would be held by either the City of Wrangell, if it accepts the 
offer, or by CIRI, and that the holder of title would be 
responsible for the clean up of any asbestos or other 
contaminants found on the property. In no event would the 
United States be required to take title to the property. 
Section 107 also would absolve CIRI from any liability for 
damage claims that might result from hazardous substances found 
on the property.
    The value of the property bidding credits would count as 
direct spending in the year they were issued. Correspondingly, 
their use by CIRI to acquire federal properties would count as 
offsetting receipts in the year they were used. Because the use 
of these credits, however, would likely displace cash sales of 
federal properties, their use by CIRI would result in a net 
loss of offsetting receipts in the year they were used. Because 
the use of these credits, however, would likely displace cash 
sales of federal properties, their use by CIRI would result in 
a net loss of offsetting receipts of $1.1 million.
    By relieving CIRI from sharing liability for damage claims 
that might arise from contamination on the returned property, 
enactment of this provision could increase federal exposure to 
liability suits. Because we have no way to predict whether such 
suits will in fact arise, or whether claimants would prevail in 
court, CBO cannot estimate either the likelihood or magnitude 
of such potential costs.
    Section 203 of S. 537 would require DOI to determine the 
value of lands under the control of the federal government and 
the value of the lost use after August 1959 of lands that were 
set aside under the Hawaiian Homes Commission Act as homestead 
lands for Native Hawaiians. Based on information provided by 
DOI, we estimate that this responsibility would cost about 
$625,000 per year for four years, regardless of whether a land 
exchange actually is completed. We assume that DOI would 
conduct a full and formal valuation, which the act does not 
explicitly call for, and the department would be granted an 
extension of the one-year deadline imposed by the act.
    In addition, section 203 would authorize the conveyance of 
federal lands of DHHL as settlement of the claims determined by 
DOI. The value of Federal lands exchanged must be no less than 
the full value of all Native Hawaiian claims for land and lost 
use of land under HHCA. Any federal land that generates income 
or would be expected to generate income would not be available 
for conveyance. Information provided by the Department of 
Defense, the Department of Navy, and the General Services 
Administration suggests that the properties available for 
conveyance could all generate income. Therefore, it is doubtful 
that a land exchange actually could take place, and CBO 
estimates that section 203 would not affect direct spending or 
receipts.
    Section 203 also would provide that the U.S. defend and 
hold harmless DHHL and the beneficiaries of the conveyed lands 
from any claims that arise from the ownership of these 
properties. Enactment of this provision could increase federal 
exposure to liability suits. Because we have no way to predict 
whether such suits will arise, or whether claimants would 
prevail in court, CBO cannot estimate either the likelihood or 
magnitude of such potential costs.
    Section 207 would require DOI to adjust or eliminate 
charges, to defer the collection of construction costs, and to 
forgo the assessment of reclamation project charges to native 
Hawaiians located on Hawaiian home lands. This provision 
potentially could affect both direct spending and offsetting 
receipts by creating new obligations for DOI while deferring or 
forgiving charges owed to the federal government. The Bureau of 
Reclamation and the U.S. Army Corps of Engineers do not have 
authorizations for any projects that would be affected by this 
provision nor are there any plans for future projects. 
Therefore, this provision would result in no costs to the 
federal government in the next five years.
    Section 209 would authorize the appropriation of all 
necessary funds to settle claims for the value of the lost use 
of HHCA land. Any funds appropriated under this section would 
be applied against the full value of claims for the lost use of 
land determined by DOI under section 203. Without a valuation 
by DOI, CBO cannot estimate the amount of these claims. Because 
DOI expects that it would require four years to conduct a full 
valuation, we assume that any appropriations would not take 
place before fiscal year 2000.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that section 
107 of S. 537 would increase direct spending by $1.1 million in 
fiscal year 1996. Section 102 could result in a loss of 
offsetting receipts from fees for mining claims, but such 
losses would be negligible. The following table shows the 
estimated pay-as-you-go impact of this bill.

------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Change in outlays......................          1          0          0
Change in receipts.....................      (\1\)      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Not applicable.                                                     

    8. Estimated cost to State and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: On March 8, 1995, CBO prepared a 
cost estimate for H.R. 402, a bill to amend the Alaska Native 
Claims Settlement Act, as ordered reported by the House 
Committee on Resources on February 15, 1995. S. 537 includes 
several significant changes from H.R. 402, including an 
amendment affecting the conveyance of land in Wrangell, Alaska, 
and an amendment providing for the recovery of Hawaiian home 
lands.
    Under section 7 of H.R. 402, CIRI would return ten acres of 
land along with any structures to the federal government in 
exchange for $382,305 in property bidding credits. By taking 
title, the U.S. would assume responsibility for the clean up of 
the property. Section 107 of S. 537 would provide that upon 
CIRI's offering of approximately 134.5 acres of land plus any 
structures to the City of Wrangell, CIRI would receive about 
$1.1 million in property bidding credits. Under S. 537, the 
U.S. would not assume title to the property and would not 
assume responsibility for the clean up of the property. If the 
City of Wrangell were to refuse CIRI's offer, then CIRI would 
retain title and the responsibility for the clean up of the 
property.
    S. 537 also was amended to include the Hawaiian Home Lands 
Recovery Act as Title II of the bill. H.R. 402 does not contain 
any such provision.
    11. Estimate prepared by: John R. Righter.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.
                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 402. The Act is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Some additional paperwork would result from the enactment 
of H.R. 402 due to studies required under Section 103 and 
Section 106 of the bill, as ordered reported.

                        Executive Communications

    On July 11, 1995, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 402, as ordered 
reported. These reports had not been received at the time the 
report on H.R. 402 was filed. When these reports become 
available, the Chair will request that they be printed in the 
Congressional Record for the advice of the Senate. The 
statement of the Department of the Interior presented at the 
Committee's hearing on H.R. 402 is set forth below:
 Statement of Deborah Williams, Special Assistant to the Secretary for 
                Alaska, U.S. Department of the Interior

    Mr. Chairman and members of the Committee, thank you for 
the opportunity to testify on S. 537 and H.R. 402, to amend the 
Alaska Native Claims Settlement Act (ANCSA). The Department of 
the Interior has worked diligently and cooperatively with the 
Alaska Federation of Natives, the State and others on seven of 
the eight amendments. After careful analysis, we support four 
of the amendments as written, we support three of the 
amendments with minor modifications, and we oppose one of the 
amendments.
    Section 1 ratifies certain conveyances by Cook Inlet 
Region, Inc. (CIRI) to two Native groups. In 1974, Montana 
Creek Native Association, Inc. (MCNA) and Caswell Native 
Association, Inc. (CNA) withdrew their applications for village 
status then pending before the Department. Instead of applying 
for a withdrawal and selecting lands, the two groups and Cook 
Inlet Region, Inc. (CIRI) entered into an agreement. CIRI 
conveyed 11,520 acres to each group. Under the Department's 
regulations, each group would have been eligible for a maximum 
of 7,680 acres. CIRI has requested that the conveyances from it 
to the groups be ratified by Congress and that the groups' 
lands be treated as land conveyed pursuant to ANCSA.
    This amendment would make the lands eligible for fire 
protection under section 22(e) of ANCSA, 43 U.S.C. 
Sec. 1621(e), and eligible for a land bank status under section 
907 of the Alaska National Interest Lands Conservation Act 
(ANILCA), 43 U.S.C. Sec. 1636, as amended. The Department 
supports the ratification of CIRI's transfer. It is important 
for the record to note that this amendment does not reduce any 
section 14(h) entitlements of the other ANCSA corporations.
    The purpose of section 2 is to clarify who has regulatory 
authority over mining claims after the lands have been conveyed 
to Alaska Regional Corporations. When lands were patented to 
the Regional Corporations under the provisions of ANCSA 
sections 11(a)(1), 11(a)(2) and 16, they were conveyed 
``subject to valid existing rights.'' This included valid 
mining claims. Under the holding in Alaska Miners v. Andrus, 
662 F.2d 577 (9th Cir. 1981), miners were not compelled to file 
for patent on such claims, but by failing to apply for a patent 
in the time permitted by ANCSA, mining claimants lost the right 
to obtain a patent to their mining claims from the Federal 
government. After the transfer of title to a Native Regional 
Corporation, the BLM cannot accept FLPMA filings on such mining 
claims or accept annual rental payments. This has created 
confusion about mining regulatory authority over these mining 
claims.
    Under this amendment, the Regional Corporations are 
explicitly given the authority to regulate the mining claims 
under the laws of the United States, as such laws are amended. 
Adoption of the legislation would have the desired effect of 
bringing clarity to the relationship between the miner/inholder 
and the Regional Corporation.
    Section 3 deals with the settlement of claims arising from 
hazardous substance contamination of transferred lands. Native 
corporations have selected and the United States has conveyed 
lands which contain contaminants. The nature of the 
contamination may come in various forms, including residue from 
abandoned upstream mining operations, and in many cases 
substances now considered contaminants were not so considered 
at the time of the transfer. The Alaska Federation of Natives 
contends that it is unfair for the Regional Corporations to 
shoulder the entire burden of cleaning up contaminated sites 
where the contamination is not the fault of the Native 
Corporations. However, we have insufficient information at this 
time to address this issue. We support the provision for a 
study to develop recommendations on how to deal with the 
problem.
    While we support the basic terms of the section, we 
recommend refinements which we believe are important to the 
effectiveness of the provision. We believe the section should 
be consistent with the terms in the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 
Sec. 9601, et seq. Two different terms are used in the operable 
portion of the study, ``contaminants'', which is defined in the 
proposed revision to ANCSA subsection 40(a)(1), and ``hazardous 
substances'', which is not defined. Since both terms are 
already defined and understood in law, it makes sense to adopt 
a single, widely-used definition for both terms. Subsection 
(a)(1) should read:

          (1) The term ``contaminant'' means hazardous 
        substance(s), pollutants, or contaminants as defined in 
        Public Law 96-510, Title I, Sec. 101, Dec. 11, 1980, 94 
        Stat. 2767, as amended, 42 U.S.C. Sec. 9601 (14) and 
        (33).

    Subsection (b) should be amended for consistency and 
because the required report must address contaminants and not 
just hazardous substances, to replace the term ``hazardous 
substances'' on page 5, line 8, with the term ``contaminants''.
    We recommend the definition of the term ``lands'' be 
deleted in section 40(a) on page 4. We believe it is 
unnecessary and potentially confusing because the word 
``lands'' is fully described in subsection 40(b), and 
subsections 40(b)(1)-(4) refer back to that description through 
the use of the term ``such lands.''
    Subsection (b)(2) should be amended by adding the word 
``on'' after ``existing information.'' This small but important 
word makes a substantial difference in terms of personnel time 
and money. With the word, the report is required to state where 
the information is located. Without the word, the statutory 
directive will be to list all available information in the 
report, wherever it may exist.
    Subsection (b)(2), page 5, line 16, should be amended by 
changing the term ``amelioration'' to ``remediation'', since 
``remediation'', like ``removal'', is a term used in CERCLA, 
while ``amelioration'' is not.
    If these changes are not feasible, we strongly suggest that 
this section should be revised to include the word ``friable'' 
before ``asbestos'' in section 40(a)(1). Properly installed and 
maintained asbestos is not a health or safety hazard. Many of 
the buildings in Alaska contained asbestos and are still in 
regular use without violating any law or regulation. The U.S. 
Court of Appeals has held that there is no liability under 
CERCLA for asbestos that is properly contained or maintained. 
The regulations of the Environmental Protection Agency and the 
Occupational Safety and Health Administration regard asbestos 
free in the air as a hazard, but do not consider properly used 
asbestos products to be a hazard. Therefore, since the purpose 
of section 3 is to inventory hazardous sites on lands conveyed 
to Native Corporations, it is appropriate to include the term 
``friable'' so that nonhazardous situations are not included in 
the survey, thus decreasing its utility.
    Section 4 authorizes appropriations to provide technical 
assistance to villages for section 14(c) reconveyances. ANCSA 
section 14(c) requires village corporations to reconvey certain 
lands within their patented selections. The problems associated 
with the reconveyance of lands to individuals and 
municipalities within the village patents are complex and 
technically difficult. We support section 4.
    Section 5 will permit conveyance to the Arctic Slope 
Regional Corporation (ASRC) of the federally owned oil and gas 
estate under two Native allotments for the purpose of 
consolidating subsurface interests in the area and eliminating 
isolated tracts of public land. Two Native allotments in the 
National Petroleum Reserve--Alaska (NPR-A), totaling less than 
240 acres, are surrounded by lands conveyed to the village 
corporation of Nuiqsut. The subsurface estate under Nuiqsut 
village lands has been conveyed to Arctic Slope Regional 
Corporation (ASRC), pursuant to the Alaska National Interest 
Lands Conservation Act. In the absence of this amendment, the 
United States is expected to own the oil and gas estate under 
the two allotments.
    Any oil and gas recoverable from the Native allotment 
subsurface would, in all likelihood, have only a limited market 
in Nuiqsut. The lands have not been deemed valuable for coal. 
The State of Alaska has consented to the transfer of the 
reserved minerals to the Corporation. Furthermore, this 
amendment would not result in a net loss of subsurface estate 
to the United States. We support this technical amendment.
    Section 6 directs that the Secretary of the Interior submit 
a report on the number of Vietnam era veterans who were 
eligible for but did not apply for an allotment under the 
Alaska Native Allotment Act of 1906. While we support this 
provision, we believe nine months is, at a minimum, the amount 
of time necessary to prepare the report.
    Section 7 provides for the return of the Wrangell Institute 
buildings, and ten acres of land on which they are situated, 
from Cook Inlet Region, Inc. (CIRI) to the United States. The 
Wrangell Institute site was originally withdrawn in 1956 for 
the administration of Native Affairs. That use terminated with 
the passage of ANCSA. The property was excessed by the BIA to 
the GSA in 1975, and subsequently, thirty-one acres were 
transferred to the city of Wrangell. In 1977, CIRI requested 
that the remaining 140 acres be made available for selection. 
CIRI was issued a revocable license on May 11, 1977. In August 
1978, this land and the buildings thereon were the subject of 
an interim conveyance to CIRI.
    Asbestos products were properly used in construction of the 
buildings and were properly maintained at the time of 
conveyance, a fact which is not unique to the situation. It is 
specifically the Department's position that the asbestos was 
not considered a pollutant at the time of transfer, and it was 
not friable. CIRI had the option of appropriately containing 
the asbestos, as opposed to abandoning the building, but did 
not do so. It is our understanding that the asbestos became 
friable after the building was abandoned.
    Furthermore, CIRI had the fullest opportunity to evaluate 
the Wrangell property prior to selecting it, having held a 
revocable license to the property for over one year prior to 
conveyance, for this purpose. CIRI is seeking a credit to its 
property account in the amount of $382,305, the estimated worth 
of the property. In addition to the costs of supplementing the 
CIRI property account, the United States would have to assume 
the liability for the clean up of the property, which could 
include the destruction and removal of all buildings on the 
property which have deteriorated since the cessation of 
maintenance by CIRI.
    The Department cannot support the relief sought for CIRI. 
Under the facts, we do not believe CIRI is entitled to the 
relief sought, and to do so would require relief for others 
similarly situated. We are not in a position to assume that 
very extensive liability at this time. It is the Department's 
understanding, for example, that there are over 200 other 
conveyed buildings across the State which contained non-friable 
asbestos. We do not believe that as a matter of law the United 
States must reimburse CIRI for its investment or hold them 
harmless for the time of their ownership. Moreover, it is not 
feasible to reimburse all entities to whom the United States 
has conveyed buildings that contained non-friable asbestos, or 
who may not be satisfied with their land. We do not support 
this amendment. It is our understanding that the General 
Services Administration also opposes this amendment for similar 
reasons.
    In short, we have serious concerns with this section, both 
on the facts of the particular case, and because of the 
precedent it would set. Although we do not support section 7, 
the Department does support reviewing the Wrangell Institute 
situation in the context of the section 3 contamination study 
discussed earlier in these comments. We believe that this is 
the more appropriate course of action under the circumstances, 
and it would place CIRI in the same position as other Alaska 
Native Corporations with respect to consideration of the 
circumstance involving the presence of any contaminants, and 
identification of possible remedies.
    Section 8 of the bill would allow the Department to 
reacquire Shishmaref Airport, originally conveyed to the State 
of Alaska, and to immediately transfer it to the Shishmaref 
Native Corporation. The bill fairly apportions any potential 
liability for cleanup of hazardous or solid wastes on property.
    To facilitate the reconveyance, we recommend the following 
amendment to section 8: beginning at page 9, line 21, delete 
the words after ``airport.'' on line 21, through ``and,'' on 
line 23, and revise to read as follows (new matter italic):

          . . . airport. The Administrator of the Federal 
        Aviation Administration is hereby directed to exercise 
        said reverter in Patent No. 1240529 in favor of the 
        United States within twelve months of the date of 
        enactment of this section. Upon revesting of title, 
        notwithstanding any other provision of law, the 
        Secretary shall . . .

    This is a preferable means of executing the transfer, and 
the Secretary is not called upon to reacquire the land. With 
this revision, the Department supports the section.
    In summary, we believe that the Alaska Federation of 
Natives, the State of Alaska, and the Department have worked 
cooperatively and productivity on H.R. 402 and S. 537. With the 
changes I have mentioned today, the Department supports the 
passage of S. 537.
    Thank you again, Mr. Chairman, for providing the Department 
of the Interior the opportunity to testify. I will be pleased 
to respond to questions at this time.
                        Changes in Existing Law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, the Committee notes that the 
following changes in existing law are made by H.R. 402, as 
ordered reported (existing law proposed to be omitted is 
enclosed in black brackets, new matter is printed in italic, 
existing law in which no change is proposed is shown in roman):

                  ALASKA NATIVE CLAIMS SETTLEMENT ACT

          * * * * * * *

                          conveyance of lands

    Sec. 14. (a) * * *
          * * * * * * *
    (c) Each patent issued pursuant to subsections (a) and (b) 
shall be subject to the requirements of this subsection. Upon 
receipt of a patent or patents:
          (1) * * *
          * * * * * * *
There is authorized to be appropriated such sums as may be 
necessary for the purpose of providing technical assistance to 
Village Corporations established pursuant to this Act in order 
that they may fulfill the reconveyance requirements of section 
14(c) of this Act. The Secretary may make funds available as 
grants to ANCSA or nonprofit corporations that maintain in-
house land planning and management capabilities.
          * * * * * * *

                             miscellaneous

    Sec. 22. (a) * * *
          * * * * * * *
    (c)(1) * * *
          * * * * * * *
    (3) This section shall apply to lands conveyed by interim 
conveyance or patent to a regional corporation pursuant to this 
Act which are made subject to a mining claim or claims located 
under the general mining laws, including lands conveyed prior 
to enactment of this paragraph. Effective upon the date of the 
enactment of this paragraph, the Secretary, acting through the 
Bureau of Land Management and in a manner consistent with 
section 14(g) of this Act, shall transfer to the regional 
corporation administration of all mining claims determined to 
be entirely within lands conveyed to that corporation. Any 
person holding such mining claim or claims shall meet such 
requirements of the general mining laws and section 314 of the 
Federal Land Management and Policy Act of 1976 (43 U.S.C. 
1744), except that any filings which would have been made with 
the Bureau of Land Management if the lands were within Federal 
ownership shall be timely made to the appropriate regional 
corporation. The validity of any such mining claim or claims 
may be contested by the regional corporation, in the place of 
the United States. All contest proceedings and appeals by the 
mining claimants of adverse decisions made by the regional 
corporation shall be brought in Federal District Court for the 
District of Alaska. Neither the United States nor any Federal 
agency or official shall be named or joined as a party in such 
proceedings or appeals. All revenues from such mining claims 
received after passage of this paragraph shall be remitted to 
the regional corporation subject to distribution pursuant to 
section 7(i) of this Act, except that in the event that the 
mining claim or claims are not totally within the lands 
conveyed to the regional corporation, the regional corporation 
shall be entitled only to that proportion of revenues, other 
than administrative fees, reasonably allocated to the portion 
of the mining claim or claims so conveyed.
          * * * * * * *


         claims arising from contamination of transferred lands


    Sec. 40. (a) As used in this section the term 
``contaminant'' means hazardous substances harmful to public 
health or the environment, including asbestos.
    (b) Within 18 months of enactment of this section, and 
after consultation with the Secretary of Agriculture, State of 
Alaska, and appropriate Alaska Native corporations and 
organizations, the Secretary shall submit to the Committed on 
Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate, a report addressing 
issues presented by the presence of contaminants on lands 
conveyed or prioritized for conveyance to such corporations 
pursuant to this Act. Such report shall consist of--
          (1) existing information concerning the nature and 
        types of contaminants present on such lands prior to 
        conveyance to Alaska Native corporations;
          (2) existing information identifying to the extent 
        practicable the existence and availability of 
        potentially responsible parties for the removal or 
        remediation of the effects of such contaminants;
          (3) identification of existing remedies;
          (4) recommendations for any additional legislation 
        that the Secretary concludes is necessary to remedy the 
        problem of contaminants on such lands; and
          (5) in addition to the identification of 
        contaminants, identification of structures known to 
        have asbestos present and recommendations to inform 
        Native landowners on the containment of asbestos.
                              ----------                              

  SECTION 1431 OF THE ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT

                arctic slope regional corporation lands

    Sec. 1431. (a) * * *
          * * * * * * *
    (o) Future Option To Exchange Etc.--(1) * * *
          * * * * * * *
    (5) Following the exercise by Arctic Slope Regional 
Corporation of its option under paragraph (1) to acquire the 
subsurface estate beneath lands within the National Petroleum 
Reserve--Alaska selected by Kuukpik Corporation, where such 
subsurface estate entirely surrounds lands subject to a Native 
allotment application approved under section 905 of this Act, 
and the oil and gas in such lands have been reserved to the 
United States, Arctic Slope Regional Corporation, at its 
further option and subject to the concurrence of Kuukpik 
Corporation, shall be entitled to receive a conveyance of the 
reserved oil and gas, including all rights and privileges 
therein reserved to the United States, in such lands. Upon the 
receipt of a conveyance of such oil and gas interests, the 
entitlement of Arctic Slope Regional Corporation to in-lieu 
subsurface lands under section 12(a)(1) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1611(a)(1)) shall be reduced 
by the amount of acreage determined by the Secretary to be 
conveyed to Arctic Slope Regional Corporation pursuant to this 
paragraph.
          * * * * * * *