[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.
* * * * * * *