[House Report 105-677]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-677
_______________________________________________________________________


 
   TO AMEND THE ALASKA NATIVE CLAIMS SETTLEMENT ACT TO MAKE CERTAIN 
 CLARIFICATIONS TO THE LAND BANK PROTECTION PROVISIONS, AND FOR OTHER 
                                PURPOSES

_______________________________________________________________________


 August 5, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2000]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2000) to amend the Alaska Native Claims Settlement Act to 
make certain clarifications to the land bank protection 
provisions, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
    The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. AUTOMATIC LAND BANK PROTECTION.

    (a) Lands Received in Exchange From Certain Federal Agencies.--The 
matter preceding clause (i) of section 907(d)(1)(A) of the Alaska 
National Interest Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is 
amended by inserting ``or conveyed to a Native Corporation pursuant to 
an exchange authorized by section 22(f) of Alaska Native Claims 
Settlement Act or section 1302(h) of this Act or other applicable law'' 
after ``Settlement Trust''.
    (b) Lands Exchanged Among Native Corporations.--Section 
907(d)(2)(B) of such Act (43 U.S.C. 1636(d)(2)(B)) is amended--
          (1) by striking ``and'' at the end of clause (ii);
          (2) by striking the period at the end of clause (iii) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(iv) lands or interest in lands shall not be considered 
        developed or leased or sold to a third party as a result of an 
        exchange or conveyance of such land or interest in land between 
        or among Native Corporations and trusts, partnerships, 
        corporations, or joint ventures, whose beneficiaries, partners, 
        shareholders, or joint venturers are Native Corporations.''.
    (c) Actions by Trustee Serving Pursuant to Agreement of Native 
Corporations.--Section 907(d)(3)(B) of such Act (43 U.S.C. 
1636(d)(3)(B)) is amended--
          (1) by striking ``or'' at the end of clause (i);
          (2) by striking the period at the end of clause (ii) and 
        inserting ``; or''; and
          (3) by adding at the end the following:
          ``(iii) to actions by any trustee whose right, title, or 
        interest in land or interests in land arises pursuant to an 
        agreement between or among Native Corporations and trusts, 
        partnerships, or joint ventures whose beneficiaries, partners, 
        shareholders, or joint venturers are Native Corporations.''.

SEC. 2. RETAINED MINERAL ESTATE.

    Section 12(c)(4) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1611(c)(4)) is amended--
          (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (E) and (F), respectively, and by inserting after 
        subparagraph (B) the following new subparagraphs:
          ``(C) Where such public lands are surrounded by or contiguous 
        to subsurface lands obtained by a Regional Corporation under 
        subsections (a) or (b), the Corporation may, upon request, have 
        such public land conveyed to it.
          ``(D)(i) A Regional Corporation which elects to obtain public 
        lands under subparagraph (C) shall be limited to a total of not 
        more than 12,000 acres. Selection by a Regional Corporation of 
        in lieu surface acres under subparagraph (E) pursuant to an 
        election under subparagraph (C) shall not be made from any 
        lands within a conservation system unit (as that term is 
        defined by section 102(4) of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3102(4)).
          ``(ii) An election to obtain the public lands described in 
        subparagraph (A), (B), or (C) shall include all available 
        parcels within the township in which the public lands are 
        located.
          ``(iii) For purposes of this subparagraph and subparagraph 
        (C), the term `Regional Corporation' shall refer only to Doyon, 
        Limited.''; and
          (2) in subparagraph (E) (as so redesignated), by striking 
        ``(A) or (B)'' and inserting ``(A), (B), or (C)''.

SEC. 3. CLARIFICATION ON TREATMENT OF BONDS FROM A NATIVE CORPORATION.

    Section 29(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1626(c)) is amended--
          (1) in paragraph (3)(A), by inserting ``and on bonds received 
        from a Native Corporation'' after ``from a Native 
        Corporation''; and
          (2) in paragraph (3)(B), by inserting ``or bonds issued by a 
        Native Corporation which bonds shall be subject to the 
        protection of section 7(h) until voluntarily and expressly sold 
        or pledged by the shareholder subsequent to the date of 
        distribution'' before the semicolon.

SEC. 4. AMENDMENT TO PUBLIC LAW 102-415.

    Section 20 of the Alaska Land Status Technical Corrections Act of 
1992 (106 Stat. 2129), is amended by adding at the end the following 
new subsection:
    ``(h) Establishment of the account under subsection (b) and 
conveyance of land under subsection (c), if any, shall be treated as 
though 3,520 acres of land had been conveyed to Gold Creek under 
section 14(h)(2) of the Alaska Native Claims Settlement Act for which 
rights to subsurface estate are hereby provided to CIRI. Within one 
year from the date of enactment of this subsection, CIRI shall select 
3,520 acres of land from the area designated for selection by paragraph 
I.B.(2)(b) of the document identified in section 12(b) (referring to 
the Talkeetna Mountains) of the Act of January 2, 1976 (43 U.S.C. 1611 
note). Not more than five selections shall be made under this 
subsection, each of which shall be reasonably compact and in whole 
sections, except when separated by unavailable lands or when the 
remaining entitlement is less than a whole section.''.

SEC. 5. CALISTA CORPORATION LAND EXCHANGE.

    (a) Congressional Findings.--Congress finds and declares that--
          (1) the land exchange authorized by section 8126 of Public 
        Law 102-172 should be implemented without further delay;
          (2) the Calista Corporation, the Native Regional Corporation 
        organized under the authority of the Alaska Native Claims 
        Settlement Act (ANCSA) for the Yupik Eskimos of Southwestern 
        Alaska, which includes the entire Yukon Delta National Wildlife 
        Refuge--
                  (A) has responsibilities provided for by the 
                Settlement Act to help address social, cultural, 
                economic, health, subsistence, and related issues 
                within the Region and among its villages, including the 
                viability of the villages themselves, many of which are 
                remote and isolated;
                  (B) has been unable to fully carry out such 
                responsibilities; and
                  (C) the implementation of the exchange referred to in 
                this paragraph is essential to helping Calista utilize 
                its assets to carry out those responsibilities to 
                realize the benefits of ANCSA;
          (3) the parties to the exchange have been unable to reach 
        agreement on the valuation of the lands and interests in lands 
        to be conveyed to the United States under section 8126 of 
        Public Law 102-171; and
          (4) in light of the foregoing, it is appropriate and 
        necessary in this unique situation that Congress authorize and 
        direct the implementation of this exchange as set forth in this 
        section in furtherance of the purposes and underlying goals of 
        the Alaska Native Claims Settlement Act and the Alaska National 
        Interest Lands Conservation Act.
    (b) Land Exchange Implementation.--Section 8126(a) of the 
Department of Defense Appropriations Act, 1992 (105 Stat. 1206) is 
amended--
          (1) by inserting ``(1)'' after ``(a)'';
          (2) by striking ``October 1, 1996'' and inserting ``October 
        1, 2002'';
          (3) by inserting after ``October 28, 1991'' the following: 
        ``(hereinafter referred to as `CCRD') and in the document 
        entitled, `The Calista Conveyance and Relinquishment Document 
        Addendum', dated September 15, 1996 (hereinafter referred to as 
        `CCRD Addendum')'';
          (4) by striking ``The value'' and all that follows through 
        ``Provided, That the'' and inserting in lieu thereof the 
        following:
    ``(2) The aggregate values of such lands and interests in land, 
together with compensation for the considerations set forth in the 
findings of this subsection, shall be the sum provided in paragraph (6) 
of the CCRD Addendum. The'';
          (5) in the last sentence, by inserting a period after 
        ``1642'' and striking all that follows in that sentence; and
          (6) by adding at the end the following new paragraph:
    ``(3) The amount credited to the property account is not subject to 
adjustment for minor changes in acreage resulting from preparation or 
correction of the land descriptions in the CCRD or CCRD Addendum or the 
exclusion of any small tracts of land as a result of hazardous 
materials surveys.''.
    (c) Extension of Restriction on Certain Property Transfers.--
Section 8126(b) of Public Law 102-172 (105 Stat. 1206) is amended by 
striking ``October 1, 1996'' and inserting ``October 1, 2002''.
    (d) Exchange Administration.--Section 8126(c) of Public Law 102-172 
(105 Stat. 1207) is amended--
          (1) by inserting ``(1)'' after ``(c)'';
          (2) by striking the sentence beginning ``On October 1, 
        1996,'' and inserting in lieu thereof the following: ``To the 
        extent such lands and interests have not been exchanged with 
        the United States, on January 1, 1998, the Secretary of the 
        Treasury shall establish a property account on behalf of 
        Calista Corporation. If the parties have mutually agreed to a 
        value as provided in subsection (a)(2), the Secretary of the 
        Treasury shall credit the account accordingly. In the absence 
        of such an agreement the Secretary of the Treasury shall credit 
        the account with an amount equal to 66 percent of the total 
        amount determined by paragraph (6) of the CCRD Addendum. The 
        account shall be available for use as provided in subsection 
        (c)(3), as follows:
          ``(A) On January 1, 1998, an amount equal to one-half the 
        amount credited pursuant to this paragraph shall be available 
        for use as provided.
          ``(B) On October 1, 1998, the remaining one-half of the 
        amount credited pursuant to this paragraph shall be available 
        for use as provided.
    ``(2) On October 1, 2002, to the extent any portion of the lands 
and interests in lands have not been exchanged pursuant to subsection 
(a) or conveyed or relinquished to the United States pursuant to 
paragraph (1), the account established by paragraph (1) shall be 
credited with an amount equal to any remainder of the value determined 
pursuant to paragraph (1).'';
          (3) by inserting ``(3)'' before ``Subject to'';
          (4) by striking ``on or after October 1, 1996,'' and by 
        inserting after ``subsection (a) of this section,'' the 
        following: ``upon conveyance or relinquishment of equivalent 
        portions of the lands referenced in the CCRD and the CCRD 
        Addendum,''; and
          (5) by adding at the end the following new paragraphs:
    ``(4) Notwithstanding any other provision of law, Calista 
Corporation or the village corporations identified in the CCRD Addendum 
may assign, without restriction, any or all of the account upon written 
notification to the Secretary of the Treasury and the Secretary of the 
Interior.
    ``(5) Calista will provide to the Bureau of Land Management, Alaska 
State Office, appropriate documentation to enable that office to 
perform the accounting required by paragraph (1) and to forward such 
information, if requested by Calista, to the Secretary of the Treasury 
as authorized by such paragraph.
    ``(6) For the purpose of the determination of the applicability of 
section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1606(i)) to revenues generated pursuant to this section, such revenues 
shall be calculated in accordance with paragraph (5) of the CCRD 
Addendum.''.

SEC. 6. MINING CLAIMS.

    Paragraph (3) of section 22(c) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1621(c)) is amended--
          (1) by striking out ``regional corporation'' each place it 
        appears and inserting in lieu thereof ``Regional Corporation''; 
        and
          (2) by adding at the end the following: ``The provisions of 
        this section shall apply to Haida Corporation and the Haida 
        Traditional Use Sites, which shall be treated as a Regional 
        Corporation for the purposes of this paragraph, except that any 
        revenues remitted to Haida Corporation under this section shall 
        not be subject to distribution pursuant to section 7(i) of this 
        Act.''.

SEC. 7. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES OF SAND, 
                    GRAVEL, STONE, PUMICE, PEAT, CLAY, OR CINDER 
                    RESOURCES.

    Subsection (i) of section 7 of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1606(i)) is amended--
          (1) by striking ``Seventy per centum'' and inserting ``(A) 
        Except as provided by subparagraph (B), seventy percent''; and
          (2) by adding at the end the following:
    ``(B) In the case of the sale, disposition, or other use of common 
varieties of sand, gravel, stone, pumice, peat, clay, or cinder 
resources made after the date of enactment of this subparagraph, the 
revenues received by a Regional Corporation shall not be subject to 
division under subparagraph (A). Nothing in this subparagraph is 
intended to or shall be construed to alter the ownership of such sand, 
gravel, stone, pumice, peat, clay, or cinder resources.''.

SEC. 8. ALASKA NATIVE ALLOTMENT APPLICATIONS.

    Section 905(a) of the Alaska National Interest Lands Conservation 
Act (43 U.S.C. 1634(a)) is amended by adding at the end the following:
    ``(7) Paragraph (1) of this subsection and subsection (d) shall 
apply, and paragraph (5) of this subsection shall cease to apply, to an 
application--
          ``(A) that is open and pending on the date of enactment of 
        this paragraph,
          ``(B) if the lands described in the application are in 
        Federal ownership other than as a result of reacquisition by 
        the United States after January 3, 1959, and
          ``(C) if any protest which is filed by the State of Alaska 
        pursuant to paragraph (5)(B) with respect to the application is 
        withdrawn or dismissed either before, on, or after the date of 
        the enactment of this paragraph.
    ``(8)(A) Any allotment application which is open and pending and 
which is legislatively approved by enactment of paragraph (7) shall, 
when allotted, be made subject to any easement, trail, or right-of-way 
in existence on the date of the Native allotment applicant's 
commencement of use and occupancy.
    ``(B) The Secretary shall make any factual determinations required 
to carry out this paragraph.''.

SEC. 9. VISITOR SERVICES.

    Paragraph (1) of section 1307(b) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3197(b)) is amended--
          (1) by striking ``Native Corporation'' and inserting ``Native 
        Corporations''; and
          (2) by striking ``is most directly affected'' and inserting 
        ``are most directly affected''.

SEC. 10. LOCAL HIRE REPORT.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of the Interior shall transmit to 
Congress a report.
    (b) Local Hire.--The report required by subsection (a) shall--
          (1) indicate the actions taken in carrying out subsection (b) 
        of section 1308 of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3198);
          (2) address the recruitment processes that may restrict 
        employees hired under subsection (a) of such section from 
        successfully obtaining positions in the competitive service; 
        and
          (3) describe the actions of the Secretary of the Interior in 
        contracting with Alaska Native Corporations to provide services 
        with respect to public lands in Alaska.
    (c) Cooperation.--The Secretary of Agriculture shall cooperate with 
the Secretary of the Interior in carrying out this section with respect 
to the Forest Service.

                          Purpose of the Bill

    The purpose of H.R. 2000 is to amend the Alaska Native 
Claims Settlement Act to make certain clarifications to the 
land bank protection provisions, and for other purposes.

                  Background and Need for Legislation

    The Alaska Native Claims Settlement Act (ANCSA) helped 
settle the aboriginal land claims of Alaska Natives. The goals 
of ANCSA were two fold: (1) to establish property rights of 
Native Alaskans in their aboriginal land; 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 these entities 44 million acres of land in Alaska 
and $962.5 million to implement these goals.
    This bill is a result of recommendations from the 
legislative council of the Alaska Federation of Natives to 
address some of the technical problems which have arisen since 
the passage of ANCSA and related statutes.

                            Committee Action

    H.R. 2000 was introduced by Congressman Don Young (R-AK), 
Chairman of the Committee on Resources, on June 21, 1997. H.R. 
2000 is similar to H.R. 2505 of the 104th Congress. H.R. 2000 
was referred to the Committee on Resources. The Committee held 
hearings in the 104th Congress on H.R. 2505 on March 19, 1996, 
and June 11, 1996, to hear testimony from the Administration, 
the Alaska Federation of Natives, Calista Native Corporation, 
Ahtna Native Corporation, and Elim Native Corporation. The 
Committee held a mark up of H.R. 2000 on October 1, 1997. 
Congressman Young offered amendments en bloc which were adopted 
by voice vote. No other amendments were offered and the bill 
was ordered favorably reported to the House of Representatives 
by voice vote.

                      Section-by-Section Analysis

               Section 1. automatic land bank protection

    Section 1 would amend Section 907 of the Alaska National 
Interest Lands Conveyance Act (43 U.S.C. 1636, ANILCA) to 
extend the automatic land protections to lands trades between 
village corporations, intra-regional corporation land trades 
and Native corporation land trades with federal or state 
governments.

                   section 2. retained mineral estate

    Section 2 would allow a Native regional corporation the 
option of obtaining the retained mineral estate of the Native 
land allotments that are totally surrounded by ANCSA Section 
12(a) and 12(b) land selections of the village corporations.

     section 3. clarification on treatment of bonds from a native 
                              corporation

    Section 3 will allow the ANCSA corporations the options of 
distributing bonds to their shareholders as a form of 
collateral, and to be included in the $2,000 annual income 
exclusion used in making a determination of a shareholder's 
qualification for food stamps and other entitlement programs.

               section 4. amendment to public law 102-415

    Section 4 would amend Public Law 102-415 to grant 
subsurface rights to the Cook Inlet Region Corporation in 
fulfillment of its entitlement under Section 14(h)(2) of ANCSA.

              section 5. calista corporation land exchange

    The Calista Native Corporation land exchange was originally 
authorized by Section 8126 of Public Law 102-172 in 1991. The 
lands package includes overall 218,515 acres of land (about 
half the size of Rhode Island), of which the vast majority is 
subsurface lands. The Department of the Interior and Calista 
Corporation have been unable to agree on the value of the lands 
to be exchanged because of a number of factors, including the 
difficulty in assigning value to lands that are: (1) wetlands 
whose primary benefits are for their natural, undeveloped 
character and wildlife productivity; and (2) subsurface estate 
which underlies fish and wildlife habitat inside the Yukon 
Delta National Wildlife Refuge.
    The Calista Region is the most populous in Alaska. It is 
also the most remote and most socially troubled and 
economically disadvantaged. There are essentially no roads, 
little infrastructure and the living conditions there can be 
compared to the Third World. The health conditions are in many 
categories the worst in the Nation. There is no where else in 
the United States that is so isolated geographically and 
culturally than the Yukon Delta of the Calista Region.
    ANILCA established the boundary for the Yukon Delta 
National Wildlife refuge to include the Native Regional and 
Village Corporation lands. The purposes of ANILCA include 
providing for ``habitat for . . . wildlife species of 
inestimable value to . . . the Nation, including species 
dependent on vast relatively undeveloped areas'', ``to preserve 
in their natural state unaltered Arctic tundra'' and ``to 
protect the resources related to subsistence needs.''
    The lands in the Calista Region are a national wetlands 
repository with wildlife productivity unrivaled anywhere else. 
The entire Yukon-Kuskokwim Delta is the terminus or is a major 
resting and nesting area along the Pacific Flyway for dozens of 
species of birds and waterfowl.
    Section 5 of the bill would amend Section 8126 of Public 
Law 102-72, which authorized a land exchange between the United 
States and Calista Corporation. As stated above, the Calista 
Region of Alaska is one of the poorest and most socially 
troubled areas in the Nation. The exchange was authorized so as 
to provide Calista with a means of economic self sufficiency 
infurtherance of the purposes of ANCSA. Under Section 8126, the 
Secretary of the Interior and Calista were to determine a mutually 
agreeable value for Calista's lands and interests which are to be 
exchanged, subject to a maximum per acre value of $300. The two parties 
have been unable to arrive at a mutually agreeable value, however. 
Moreover, the Secretary's appraisals did not comply with the 
requirements of Section 8126 and as a result, in the Committee's 
opinion, significantly underestimated the value of Calista's lands and 
interests. Section 5 would eliminate this impasse by establishing a 
total value to be ascribed to Calista's lands and interests, as 
Congress has had to do in numerous other instances since 1976. In doing 
so Congress would simply be providing the figure which Calista and the 
Secretary of the Interior were unable to determine. The Committee had 
directed the Calista Corporation and the Department of the Interior to 
resolve any outstanding issues with regard to this land exchange by 
October 24, 1997, but no resolution has yet been reached.
    Subsection (a) sets out findings, which direct that the 
exchange should be implemented without delay; explains 
Calista's role as a Regional Native Corporation and that it has 
not been able to fully meet its responsibilities; states that 
the exchange is essential if Calista is to fully meet its 
responsibilities to the people of the Region; and declares that 
it is necessary and appropriate in this situation for Congress 
to direct the implementation of the exchange.
    Subsection (b) amends section 8126 of Public Law 102-172. 
First, the subsection provides authority for certain Federal 
property to be transferred to the Secretary of the Interior for 
the purpose of exchanging such property for lands owned by the 
participating Alaska Native Corporations as outlined in the 
Calista Conveyance and Relinquishment Document (CCRD). Second, 
the subsection provides the authority for the establishment of 
aggregate values of the lands together with compensation for 
certain other considerations. Third, there will be no 
adjustment to the property account for minor changes in 
acreages based on corrections to land descriptions. Fourth, it 
provides for the establishment of a property account in an 
amount equal to the amount determined by the parties, or, 
absent such an agreement, determined under the CCRD. This 
account would be credited and be available for use according to 
the following schedule: January 1, 1998, one-half the account; 
October 1, 1998, the remaining one-half. Fifth, if all the 
exchanges authorized under Section 8126(a) of Public Law 102-
172, or conveyances or relinquishments to the United States, 
have not completed by October 1, 2002, the account shall be 
credited accordingly. Sixth, the property account may be 
assigned after proper notice. Seventh, Calista Corporation must 
provide appropriate documentation to enable the Bureau of Land 
Management, Alaska State Office, to perform required 
accounting. Eighth, the subsection provides the method for 
calculating revenue to be shared under Section 7(i) of ANCSA as 
provided in the CCRD.

                        section 6. mining claims

    Section 6 would amend Public Law 104-42 to allow Haida 
Corporation to administer certain mining claims entirely within 
lands conveyed to Haida Corporation.

section 7. sale, disposition, or other use of common varieties of sand, 
         gravel, stone, pumice, peat, clay or cinder resources

    Section 7 would make revenues derived by the regional 
corporations from the sale of sand, rock and gravel exempt from 
ANCSA Section 7(i) revenue sharing without affecting the 
ownership of the affected material spelled out in this 
proposal. This provision will codify an agreement that was 
reached between the ANCSA regional corporations in June of 1980 
after years of litigation.

            section 8. alaska native allotment applications

    Section 8 would address the Native allotments applications 
that the State of Alaska protested per ANILCA. The intent is, 
in those instances where the State of Alaska filed a protest 
against the legislative approval of Native allotments under 
ANILCA, and the State subsequently lifts its protest on an 
allotment, that allotment will then be considered legislatively 
approved under ANILCA. In addition, if the State of Alaska's 
protests are dismissed, the affected Native allotments would be 
considered legislatively approved under this provision.

                      section 9. visitor services

    Section 9 would allow the Secretary of the Interior the 
flexibility of working with affected Native corporations rather 
than just one Native corporation on the implementation of 
Section 1307 of ANILCA (the contracting for visitor services, 
except sport fishing and hunting guiding activities, within any 
conservation unit). Section 1307(b)(1) requires the Secretary 
of the Interior to give preference to the Native corporation 
which the Secretary determines is most directly affected by the 
establishment or expansion of a conservation unit under ANILCA.

                     section 10. local hire report

    Section 10 addresses Section 1308 of ANILCA, which 
authorizes the Secretary of the Interior to hire local people 
with fewer skills than required under a job description through 
appointments. The problem is that if a person hired through 
this process later gains enough skills to meet or exceed the 
requirements of a job he or she was appointed to, he or she 
cannot become a permanent employee of the Department with 
associated benefits. This provision will direct the Secretary 
of the Interior to complete a report within 18 months of 
enactment to address the recruitment process that may restrict 
employees hired under Section 1308 of ANILCA from successfully 
obtaining positions in the competitive service.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 2000.

                        Cost of the Legislation

    Clause 7(a) of Rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2000. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2000 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 2000 would increase direct spending.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2000.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2000 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 20, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for H.R. 2000, a 
bill to amend the Alaska Native Claims Settlement Act to make 
certain clarifications to the land bank protection provisions, 
and for other purposes. This cost estimate supersedes the cost 
estimate provided on October 29, 1997.
    CBO has revised the estimate of total costs for H.R. 2000 
from $17 million over the 1998-2007 period to $34 million over 
the same period. In our previous estimate, we assumed that one-
half of the monetary credits issued under H.R. 2000 would be 
used to purchase federal land that would not otherwise be sold. 
CBO has since learned that monetary credits may be used to 
purchase U.S. Treasury securities as well as real and tangible 
personal property. In fact, two Alaska Native Corporations have 
obtained Treasury securities with their monetary credits within 
the last two years. Because monetary credits can be used to 
purchase Treasury securities, which may be converted into cash, 
CBO now believes that the issuance of monetary credits will not 
increase federal sales of land. Therefore, CBO's best estimate 
of the cost of H.R. 2000 is simply the amount of monetary 
credits to be issued: $34 million.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria V. 
Heid (for federal costs), and Marjorie Miller (for the impact 
on state, local and tribal governments).
            Sincerely,
                                 June E. O'Neill, Director.

               Congressional Budget Office Cost Estimate

H.R. 2000.--A bill to amend the Alaska Claims Settlement Act to make 
        certain clarifications to the land bank protection provisions, 
        and for other purposes

    Summary.--CBO estimates that enacting H.R. 2000 would 
increase direct spending by about $34 million over the 1998-
2003 period. Because the bill would affect spending, pay-as-
you-go procedures would apply.
    H.R. 2000 contains at least one intergovernmental mandate 
as defined in the Unfunded Mandates reform Act of 1995 (UMRA), 
but CBO estimates that any costs imposed on state, local, and 
tribal governments would be minimal and would not exceed the 
threshold established in that act ($50 million in 1996, 
adjusted annually for inflation). The bill contains no private-
sector mandates as defined in UMRA.
    This cost estimate revises and supersedes the CBO estimate 
provided on October 29, 1997. The revisions are explained 
below.
    Description of the bill's major provisions.--H.R. 2000 
would affect the terms and conditions of various property 
transactions involving Alaska native corporations. Several 
provisions would affect the property rights of specific native 
corporations.
    H.R. 2000 would amend existing law by assigning a value of 
$39 million to properties to be conveyed by the Calista 
Corporation in exchange for monetary credits to certain federal 
properties if the Department of the Interior (DOI) and the 
corporation have not agreed on the value of the exchange by 
January 1, 1998. The bill would allow the Doyon, Limited, 
native corporation to obtain the subsurface rights retained by 
the federal government in up to 12,000 acres of public lands 
surrounded by or contiguous to corporation-owned properties. 
Another provision would expand the entitlement of the Cook 
Inlet Region Incorporated (CIRI) to include subsurface rights 
to an additional 3,520 acres.
    The bill would permit individual natives to exclude bonds 
issued by a native corporation from the assets used for 
determining financial eligibility for federal need-based 
assistance or benefits.
    The bill would extend certain protections to lands 
exchanged among corporation, clarify the status of applications 
involving land allotments, and exempt a corporation's revenues 
from sand, gravel, and certain other resources from the income 
distribution requirements that apply to regional corporations' 
development of subsurface property. The bill would specify the 
method of distributing mining claim revenues related to the 
Haida Corporation or Haida Traditional Use sites.
    Finally, the bill includes administrative provisions 
affecting contract preferences for visitor services, and 
requiring a status report by the Secretary of the Interior on 
implementing current laws on local hiring and contracting with 
regard to public lands.
    Estimated cost to the Federal Government.--CBO estimates 
that enacting this bill would increase direct spending by $21 
million in 1998 and $34 million over the 1998-2003 period. The 
estimated budgetary impact of enacting H.R. 2000 is shown in 
the following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                   By Fiscal Year, in millions of dollars       
                                                           -----------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003 
----------------------------------------------------------------------------------------------------------------
                                 Direct Spending (including offsetting receipts)                                
Spending Under Current Law:                                                                                     
    Estimated Budget Authority............................        5        0        0        0        0        0
    Estimated Outlays.....................................        5        0        0        0        0        0
Proposed Changes:                                                                                               
    Estimated Budget Authority............................       21        0        0        0        0       13
    Estimated Outlays.....................................       21        0        0        0        0       13
Spending Under H.R. 2000:                                                                                       
    Estimated Budget Authority............................       26        0        0        0        0       13
    Estimated Outlays.....................................       26        0        0        0        0       13
----------------------------------------------------------------------------------------------------------------

                           basis of estimate

Direct Spending

    CBO estimates that enacting H.R. 2000 would increase direct 
spending because of provisions that would issue monetary 
credits.

Calista Corporation property account

    The costs of this bill would result primarily from section 
5, which prescribes the value of the Calista Corporation's 
properties to be exchanged for monetary credits with the 
Department of the Interior to complete a land exchange between 
the two parties. Under current law, the Calista Corporation is 
to receive monetary credits equal to the value of the lands to 
be conveyed, and the corporation is authorized to use these 
monetary credits to complete the land exchange by purchasing 
other federal property. The value of monetary credits counts as 
direct spending in the year they are issued. So far no monetary 
credits have been awarded because DOI and Calista disagree on 
the valuation of the properties.
    The gap between the valuations is substantial: the 
department's appraisal assigned a value of about $5 million to 
the properties, while the corporation asserts that their 
property is worth significantly more. Given the differences in 
methodologies and values, this impasse could last for some 
time. Because the department will not award monetary credits 
until there is an agreement, it is possible that, under current 
law, Calista would not receive any monetary credits for several 
years. For the purpose of this estimate, however, we assume an 
agreement will be reached in fiscal year 1998, because of 
Calista's interest in acquiring property with the credits. 
Although a negotiated valuation could exceed DOI's $5 million 
appraisal, CBO has no basis for estimating whether and to what 
extent the Secretary would agree to a higher value. Hence, we 
assume for this estimate that Calista would receive monetary 
credits of about $5 million in fiscal year 1998 in the absence 
of this legislation.
    H.R. 2000 provides that if the parties did not agree on a 
value of the Calista properties to be exchanged, the value 
would be established at $39 million. If the exchange does not 
occur before January 1, 1998, the bill directs the Secretary of 
the Treasury to credit the Calista property account with two-
thirds of the established value of the Calista property ($26 
million) in monetary credits in fiscal year 1998. The 
corporation would be permitted to use up to one-half of that 
amount in fiscal year 1998 and the remaining one-half of the 
amount in fiscal year 1999. If the two parties have not 
completed the exchange by October 1, 2002, the bill directs the 
Secretary of the Treasury to credit the account with monetary 
credits equal to the remaining $13 million. These actions would 
result in a net increase of $34 million in the amount of 
credits issued. Monetary credits are scored as direct spending 
in the year they are issued.
    The bill provides that only federal property not scheduled 
to be sold before fiscal year 2003 may be transferred to the 
Secretary of the Interior for use in the Calista land exchange. 
However, that limitation does not apply to the corporation's 
use of monetary credits to purchase federal property, including 
Treasury securities.

Subsurface conveyance to Doyon Limited

    Section 2 would allow Doyon, Limited, a regional 
corporation, to acquire up to 12,000 acres of federally owned 
mineral estate surrounded by or contiguous to subsurface lands 
owned by that corporation. According to DOI, the federally 
owned mineral estate that Doyon, Limited, could acquire under 
the bill currently has no mineral development. Based on 
information from the agency, we estimate that although the 
federal land to be conveyed has some potential for future 
development, any forgone receipts from the conveyance would 
total less than $500,000 per year.

Change in eligibility for certain federal assistance

    Section would permit Alaska natives to exclude bonds issued 
by a native corporation from the assets and resources used to 
determine financial eligibility for federal need-based 
assistance or benefits. Under current law, natives may exclude 
certain assets, including stocks issued or distributed by a 
native corporation as a dividend, from federal financial 
eligibility tests. This provision would expand the permitted 
exclusions to include bonds issued by native corporations. 
Enacting this provisions could have limited effects on he 
federal budget in certain situations. For example, according to 
a representative of Cook Inlet Region Incorporated (CIRI), this 
provision would give CIRI greater flexibility in financing a 
corporate buy-back of its shares, which it seeks in order to 
keep shares in native ownership. (Because CIRI is the only 
native corporation currently authorized (under Public Law 104-
10) to purchase stock from its shareholders, natives in other 
native corporations would not be affected in this case.) 
Enacting the provision could increase federal spending by 
allowing CIRI shareholders, who had planned to sell their 
shares to CIRI in exchange for a bond and would have stopped 
receiving federal assistance payments once their assets 
exceeded financial eligibility tests, to continue to receive 
federal assistance. We estimate that any such increase in 
federal assistance payments would total less than $500,000 per 
year.

Change in CIRI's subsurface rights

    Section 4 would increase the entitlement of CIRI to include 
subsurface rights to an additional 3,520 acres of federal land. 
Based on information from CIRI representatives and DOI, the 
corporation is likely to choose properties in the Talkeetna 
Mountains area. According to DOI, the federal government 
currently generates no offsetting receipts from that land and 
does not expect any significant income from it over the next 
ten years. Therefore, we estimate that any budgetary effect of 
enacting this provision would be negligible.
    Pay-as-you-go-considerations.--Section 252 of the Balance 
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending 
or receipts. As shown in the following table, CBO estimates 
that enacting H.R. 2000 would affect direct spending by 
increasing the amount of monetary credits issued to the Calista 
Corporation by $34 million over the 1998-2007 period. Other 
provisions could also affect direct sending by giving various 
native corporations the rights to income-producing federal 
lands, but we estimate that any such additional effects would 
be negligible. For the purposes of enforcing pay-as-you-go 
procedures, only the effects in the budget year and the 
subsequent four years are counted.

                                                   SUMMARY OF EFFECTS ON DIRECT SPENDING AND RECEIPTS                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By Fiscal Year, in millions of dollars                         
                                                               -----------------------------------------------------------------------------------------
                                                                  1998     1999     2000     2001     2002     2003     2004     2005     2006     2007 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays............................................       21        0        0        0        0       13        0        0        0        0
Changes in receipts...........................................    (\1\)    (\1\)    (\1\)    (\1\)    (\1\)    (\1\)    (\1\)    (\1\)    (\1\)   (\1\) 
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Not applicable.                                                                                                                                     

    Estimated impact on state, local, and tribal governments.--
H.R. 2000 contains at least one intergovernmental mandate as 
defined in UMRA, but CBO estimates that any costs imposed on 
state, local, and tribal governments would be minimal and would 
not exceed the threshold established in that act ($50 million 
in 1996, adjusted annually for inflation).

Mandates

    Section 1 of this bill would amend the Alaska National 
Interest Lands Conservation Act to clarify what lands are 
eligible for automatic land protections, including exemption 
from property taxes. This provision would impose a mandate on 
the state of Alaska and its constituent local governments 
because it could increase the amount of land exempt from state 
and local property taxes. (UMRA defines the direct cost of 
mandates to include revenues that state, local, or tribal 
governments would be prohibited from collecting.) Based on 
information provided by Alaska state officials, we estimate 
that the impact would be negligible, because Alaska has no 
state property tax and most of the land affected would be in 
areas of the state with no local property taxes.
    By exempting the bonds of native corporations and the 
income from those bonds from the determination of eligibility 
for some means-tested federal assistance programs, section 3 
would increase spending for those programs. Because states 
share these costs, this provision would impose costs on state 
governments. CBO cannot determine whether some of these costs 
would result from an intergovernmental mandate, as defined in 
UMRA. In any event, CBO estimates that any additional costs to 
states would be minimal.

Other impacts

    Other sections of the bill would result in both costs and 
benefits for state, local, and tribal governments. Several 
sections of the bill would benefit specific Alaska native 
corporations, but some of these provisions could affect the 
distribution of land and other resources among the 
corporations. For example, section 7 would allow regional 
corporations to dispose of sand, gravel, and similar materials 
without distributing part of the proceeds among the other 
regional corporations, as required by current law. This change 
would allow village corporations to gain greater access to 
these resources.
    Other provisions would benefit Alaska native corporations 
by expanding their rights to property and resources currently 
held by the federal government. Section 5 would specify the 
value of the properties to be exchanged by the Calista 
Corporation for other federal properties. This section would 
effectively increase the amount of property that the 
corporation could obtain. Section 2 would allow Doyon, Ltd., a 
regional native corporation, to obtain additional subsurface 
rights now retained by the federal government. Section 4 would 
give CIRI subsurface rights to an additional 3,520 acres.
    Estimated impact on the private sector.--This bill will 
impose no new private-sector mandates as defined in UMRA.
    Previous CBO estimate.--This revised cost estimate 
supersedes a CBO cost estimate prepared on October 29, 1997, 
for H.R. 2000 as ordered reported by the House Committee on 
Resources on October 1, 1997.
    CB has revised the estimate of total costs for H.R. 2000 
from $17 million over the 1998-2007 period to $34 million over 
the same period. In our previous estimate, we assumed that one-
half of the monetary credits issued under H.R. 2000 would be 
used to purchase federal land that would not otherwise be sold. 
CBO has since learned that monetary credits may be used to 
purchase U.S. Treasury securities as well as real and tangible 
personal property. In fact, two Alaska Native Corporations have 
obtained Treasury securities with their monetary credits within 
the last two years: Gold Creek used $5 million of their 
monetary credits to buy Treasury securities in October 1996, 
and the Haida Corporation used $48 million of monetary credits 
to buy Treasury securities in March 1997. Because monetary 
credits can be used to purchase Treasury securities, which may 
be converted into cash, CBO now believes that the issuance of 
monetary credits will not increase federal sales of land. 
Therefore, CBO's best estimate of the cost of H.R. 2000 is 
simply the amount of monetary cedits to be issued: $34 million.
    Estimate prepared by.--Federal Costs: Victoria V. Heid. 
Impact on State, Local and Tribal Governments: Marjorie Miller.
    Estimate approved by.--Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 2000 contains no unfunded mandates, as defined in 
Public Law 104-4.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT

           *       *       *       *       *       *       *


  TITLE IX--IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT ACT AND 
ALASKA STATEHOOD ACT

           *       *       *       *       *       *       *


                        alaska native allotments

  Sec. 905. (a)(1) * * *

           *       *       *       *       *       *       *

    (7) Paragraph (1) of this subsection and subsection (d) 
shall apply, and paragraph (5) of this subsection shall cease 
to apply, to an application--
          (A) that is open and pending on the date of enactment 
        of this paragraph,
          (B) if the lands described in the application are in 
        Federal ownership other than as a result of 
        reacquisition by the United States after January 3, 
        1959, and
          (C) if any protest which is filed by the State of 
        Alaska pursuant to paragraph (5)(B) with respect to the 
        application is withdrawn or dismissed either before, 
        on, or after the date of the enactment of this 
        paragraph.
  (8)(A) Any allotment application which is open and pending 
and which is legislatively approved by enactment of paragraph 
(7) shall, when allotted, be made subject to any easement, 
trail, or right-of-way in existence on the date of the Native 
allotment applicant's commencement of use and occupancy.
    (B) The Secretary shall make any factual determinations 
required to carry out this paragraph.

           *       *       *       *       *       *       *


                            alaska land bank

    Sec. 907. (a) * * *

           *       *       *       *       *       *       *

    (d) Automatic Protections for Lands Conveyed Pursuant to 
the Alaska Native Claims Settlement Act.--(1)(A) 
Notwithstanding any other provision of law or doctrine of 
equity, all land and interests in land in Alaska conveyed by 
the Federal Government pursuant to the Alaska Native Claims 
Settlement Act to a Native individual or Native Corporation or 
subsequently reconveyed by a Native Corporation pursuant to 
section 39 of that Act to a Settlement Trust or conveyed to a 
Native Corporation pursuant to an exchange authorized by 
section 22(f) of Alaska Native Claims Settlement Act or section 
1302(h) of this Act or other applicable law shall be exempt, so 
long as such land and interests are not developed or leased or 
sold to third parties from--
          (i) * * *

           *       *       *       *       *       *       *

    (2) Definitions.--(A) * * *
    (B) For purposes of this subsection--
          (i) * * *
          (ii) land upon which timber resources are being 
        harvested shall be considered developed only during the 
        period of such harvest and only to the extent that such 
        land is integrally related to the timber harvesting 
        operation; [and]
          (iii) land subdivided by a State or local platting 
        authority on the basis of a subdivision plat submitted 
        by the holder of the land or its agent, shall be 
        considered developed on the date an approved 
        subdivision plat is recorded by such holder or agent 
        unless the subdivided property is a remainder 
        parcel[.]; and
          (iv) lands or interest in lands shall not be 
        considered developed or leased or sold to a third party 
        as a result of an exchange or conveyance of such land 
        or interest in land between or among Native 
        Corporations and trusts, partnerships, corporations, or 
        joint ventures, whose beneficiaries, partners, 
        shareholders, or joint venturers are Native 
        Corporations.
    (3) Action by a Trustee.--(A) * * *
    (B) The prohibitions of subparagraph (A) shall not apply--
          (i) when the actions of such trustee, receiver, or 
        custodian are for purposes of exploration or pursuant 
        to a judgment in law or in equity (or arbitration 
        award) arising out of any claim made pursuant to 
        section 7(i) or section 14(c) of the Alaska Native 
        Claims Settlement Act; [or]
          (ii) to any land, or interest in land, which has 
        been--
                  (I) developed or leased prior to the vesting 
                of the trustee, receiver, or custodian with the 
                right, title, or interest of the Native 
                Corporation; or
                  (II) expressly pledged as security for any 
                loan or expressly committed to any commercial 
                transaction in a valid agreement[.]; or
          (iii) to actions by any trustee whose right, title, 
        or interest in land or interests in land arises 
        pursuant to an agreement between or among Native 
        Corporations and trusts, partnerships, or joint 
        ventures whose beneficiaries, partners, shareholders, 
        or joint venturers are Native Corporations.

           *       *       *       *       *       *       *


TITLE XIII--ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *


                   revenue-producing visitor services

    Sec. 1307. (a) * * *
    (b) Preference.--Notwithstanding provisions of law other 
than those contained in subsection (a), in selecting persons to 
provide (and in contracting for the provisions of) any type of 
visitor of visitor service for any conservation system unit, 
except sport fishing and hunting guiding activities, the 
Secretary--
          (1) shall give preference to Native [Corporation] 
        Corporations which the Secretary determines [is most 
        directly affected] are most directly affected by the 
        establishment or expansion of such unit by or under the 
        provisions of this Act;

           *       *       *       *       *       *       *

                              ----------                              


ALASKA NATIVE CLAIMS SETTLEMENT ACT

           *       *       *       *       *       *       *


                         regional corporations

    Sec. 7. (a) * * *

           *       *       *       *       *       *       *

    (i)(1) [Seventy per centum](A) Except as provided by 
subparagraph (B), seventy percent of all revenues received by 
each Regional Corporation from the timber resources and 
subsurface estate patented to it pursuant to this Act shall be 
divided annually by the Regional Corporation among all twelve 
Regional Corporations organized pursuant to this section 
according to the number of Natives enrolled in each region 
pursuant to section 5. The provisions of this subsection shall 
not apply to the thirteenth Regional Corporation if organized 
pursuant to subsection (c) hereof.
    (B) In the case of the sale, disposition, or other use of 
common varieties of sand, gravel, stone, pumice, peat, clay, or 
cinder resources made after the date of enactment of this 
subparagraph, the revenues received by a Regional Corporation 
shall not be subject to division under subparagraph (A). 
Nothing in this subparagraph is intended to or shall be 
construed to alter the ownership of such sand, gravel, stone, 
pumice, peat, clay, or cinder resources.

           *       *       *       *       *       *       *


                         native land selections

    Sec. 12. (a) * * *

           *       *       *       *       *       *       *

    (c) The difference between thirty-eight million acres and 
the 22 million acres selected by Village Corporations pursuant 
to subsections (a) and (b) shall be allocated among the eleven 
Regional Corporations (which excludes the Regional Corporation 
for southeastern Alaska) as follows:
    (1)  * * *

           *       *       *       *       *       *       *

    (4) Where the public lands consist only of the mineral 
estate, or portion thereof, which is reserved by the United 
States upon patent of the balance of the estate under one of 
the public land laws, other than this Act, the Regional 
Corporations may select as follows:
          (A) * * *

           *       *       *       *       *       *       *

          (C) Where such public lands are surrounded by or 
        contiguous to subsurface lands obtained by a Regional 
        Corporation under subsections (a) or (b), the 
        Corporation may, upon request, have such public land 
        conveyed to it.
          (D)(i) A Regional Corporation which elects to obtain 
        public lands under subparagraph (C) shall be limited to 
        a total of not more than 12,000 acres. Selection by a 
        Regional Corporation of in lieu surface acres under 
        subparagraph (E) pursuant to an election under 
        subparagraph (C) shall not be made from any lands 
        within a conservation system unit (as that term is 
        defined by section 102(4) of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3102(4)).
          (ii) An election to obtain the public lands described 
        in subparagraph (A), (B), or (C) shall include all 
        available parcels within the township in which the 
        public lands are located.
          (iii) For purposes of this subparagraph and 
        subparagraph (C), the term ``Regional Corporation'' 
        shall refer only to Doyon, Limited.
          [(C)] (E) Where the Regional Corporation elects to 
        obtain such public lands under subparagraph [(A) or 
        (B)] (A), (B), or (C) of this paragraph, it may select, 
        within ninety days of receipt of notice from the 
        Secretary, the surface estate in an equal acreage from 
        other public lands withdrawn by the Secretary for that 
        purpose. Such selections shall be in units no smaller 
        than a whole section, except where the remaining 
        entitlement is less than six hundred and forty acres, 
        or where an entire section is not available. Where 
        possible, selections shall be of lands from which the 
        subsurface estate was selected by that Regional 
        Corporation pursuant to subsection 12(a)(1) or 14(h)(9) 
        of this Act, and, where possible, all selections made 
        under this section shall be contiguous to lands already 
        selected by the Regional Corporation or a Village 
        Corporation. The Secretary is authorized, as necessary, 
        to withdraw up to two times the acreage entitlement of 
        the in lieu surface estate from vacant, unappropriated, 
        and unreserved public lands from which the Regional 
        Corporation may select such in lieu surface estate 
        except that the Secretary may withdraw public lands 
        which had been previously withdrawn pursuant to 
        subsection 17(d)(1).
          [(D)] (F) No mineral estate or in lieu surface estate 
        shall be available for selection within the National 
        Petroleum Reserve--Alaska or within Wildlife Refuges as 
        the boundaries of those refuges exist on the date of 
        enactment of this Act.

           *       *       *       *       *       *       *


                             miscellaneous

  Sec. 22. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *

           *       *       *       *       *       *       *

          (3) This section shall apply to lands conveyed by 
        interim conveyance or patent to a [regional 
        corporation] 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] 
        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] Regional 
        Corporation. The validity of any such mining claim or 
        claims may be contested by the [regional corporation] 
        Regional Corporation, in place of the United States. 
        All contest proceedings and appeals by the mining 
        claimants of adverse decisions made by the [regional 
        corporation] 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] 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] Regional 
        Corporation, the [regional corporation] 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. The provisions of this section shall apply to 
        Haida Corporation and the Haida Traditional Use Sites, 
        which shall be treated as a Regional Corporation for 
        the purposes of this paragraph, except that any 
        revenues remitted to Haida Corporation under this 
        section shall not be subject to distribution pursuant 
        to section 7(i) of this Act.

           *       *       *       *       *       *       *


                       relation to other programs

  Sec. 29. (a) * * *

           *       *       *       *       *       *       *

  (c) In determining the eligibility of a household, an 
individual Native, or a descendant of a Native (as defined in 
section 3(r)) to--
          (1) * * *

           *       *       *       *       *       *       *

          (3) receive financial assistance or benefits, based 
        on need, under any other Federal program or federally-
        assisted program,
none of the following, received from a Native Corporation, 
shall be considered or taken into account as an asset or 
resource:
          (A) cash (including cash dividends on stock received 
        from a Native Corporation and on bonds received from a 
        Native Corporation) to the extent that it does not, in 
        the aggregate, exceed $2,000 per individual per annum;
          (B) stock (including stock issued or distributed by a 
        Native Corporation as a dividend or distribution on 
        stock) or bonds issued by a Native Corporation which 
        bonds shall be subject to the protection of section 
        7(h) until voluntarily and expressly sold or pledged by 
        the shareholder subsequent to the date of distribution;

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 20 OF THE ALASKA LAND STATUS TECHNICAL CORRECTIONS ACT OF 1992

SEC. 20. GOLD CREEK SUSITNA ASSOCIATION, INCORPORATED ACCOUNT.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Establishment of the account under subsection (b) and 
conveyance of land under subsection (c), if any, shall be 
treated as though 3,520 acres of land had been conveyed to Gold 
Creek under section 14(h)(2) of the Alaska Native Claims 
Settlement Act for which rights to subsurface estate are hereby 
provided to CIRI. Within one year from the date of enactment of 
this subsection, CIRI shall select 3,520 acres of land from the 
area designated for selection by paragraph I.B.(2)(b) of the 
document identified in section 12(b) (referring to the 
Talkeetna Mountains) of the Act of January 2, 1976 (43 U.S.C. 
1611 note). Not more than five selections shall be made under 
this subsection, each of which shall be reasonably compact and 
in whole sections, except when separated by unavailable lands 
or when the remaining entitlement is less than a whole section.
                              ----------                              


   SECTION 8126 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1992

  Sec. 8126. (a)(1) Property as defined in section 8133 of the 
Department of Defense Appropriations Act of 1991 (104 Stat. 
1909) held by Federal agencies or instrumentalities and which 
is not scheduled for disposition by sale prior to [October 1, 
1996] October 1, 2002, as determined by such agencies or 
instrumentalities shallbe, except as provided in subsection (b) 
of this section, transferred to the Secretary of the Interior, at his 
request, without compensation or reimbursement, for the purpose of 
entering into a land exchange or exchanges with the Calista 
Corporation, a corporation organized under the laws of the State of 
Alaska. The Secretary is authorized to exchange such property for the 
lands and interests in lands (which for purposes of this section 
include lands, partial estates, and land selection rights) of equal 
value identified in the document entitled ``The Calista Conveyance and 
Relinquishment Document'', dated October 28, 1991 (hereinafter referred 
to as ``CCRD'') and in the document entitled, ``The Calista Conveyance 
and Relinquishment Document Addendum'', dated September 15, 1996 
(hereinafter referred to as ``CCRD Addendum''). [The value of the lands 
and interests in lands included in that document shall be determined by 
the Secretary of the Interior not later than nine months after the date 
of enactment of this section. In making such value determination, the 
Secretary shall consider, in addition to the ``Uniform Appraisal 
Standards for Federal Land Acquisitions'', the public interest values 
of such lands and interests in lands, including, but not limited to, 
the location of such lands and interests in lands within the boundary 
of a national wildlife refuge, and statutorily authorized or mandated 
exchanges with and acquisitions by the Federal Government of lands and 
interests in lands in Alaska. In the event that the parties cannot 
agree on the value of such lands and interests in land, the procedures 
specified in subsection 206(d), of Public Law 94-579, as amended, shall 
be used to establish the value: Provided, That the]
  (2) The aggregate values of such lands and interests in land, 
together with compensation for the considerations set forth in 
the findings of this subsection, shall be the sum provided in 
paragraph (6) of the CCRD Addendum. The average value per acre 
of such lands and interests in lands shall be no more than 
$300. Property exchanged and conveyed by the United States 
pursuant to this section shall be considered and treated as 
conveyances of land entitlements under 43 U.S.C. 1601 through 
1642 [(except for subsections (a) through (c) and (f) through 
(j) of section 1620, section 1627(b), and section 1636(d)).].
  (3) The amount credited to the property account is not 
subject to adjustment for minor changes in acreage resulting 
from preparation or correction of the land descriptions in the 
CCRD or CCRD Addendum or the exclusion of any small tracts of 
land as a result of hazardous materials surveys.
  (b) Prior to October 1, [1996] 2002, no property held for 
sale by the Resolution Trust Corporation or the Federal Deposit 
Insurance Corporation shall be transferred to the Secretary of 
the Interior to carry out the purposes of this section.
  (c)(1) The Secretary of the Interior shall maintain an 
accounting of the value of lands and interests in lands 
remaining to be conveyed or relinquished by Calista Corporation 
pursuant to this section. [On October 1, 1996, the Secretary of 
the Treasury shall establish a property account with an initial 
balance equal to the value of lands and interests in lands 
which Calista Corporation has not then conveyed or relinquished 
to the United States pursuant to this section.] To the extent 
such lands and interests have not been exchanged with the 
United States, on January 1, 1998, the Secretary of the 
Treasury shall establish a property account on behalf of 
Calista Corporation. If the parties have mutually agreed to a 
value as provided in subsection (a)(2), the Secretary of the 
Treasury shall credit the account accordingly. In the absence 
of such an agreement the Secretary of the Treasury shall credit 
the account with an amount equal to 66 percent of the total 
amount determined by paragraph (6) of the CCRD Addendum. The 
account shall be available for use as provided in subsection 
(c)(3), as follows:
          (A) On January 1, 1998, an amount equal to one-half 
        the amount credited pursuant to this paragraph shall be 
        available for use as provided.
          (B) On October 1, 1998, the remaining one-half of the 
        amount credited pursuant to this paragraph shall be 
        available for use as provided.
  (2) On October 1, 2002, to the extent any portion of the 
lands and interests in lands have not been exchanged pursuant 
to subsection (a) or conveyed or relinquished to the United 
States pursuant to paragraph (1), the account established by 
paragraph (1) shall be credited with an amount equal to any 
remainder of the value determined pursuant to paragraph (1).
  (3) Subject to reduction upon conveyances pursuant to 
subsection (a) of this section, upon conveyance or 
relinquishment of equivalent portions of the lands referenced 
in the CCRD and the CCRD Addendum, said account shall be 
available [on or after October 1, 1996,] for the sale of 
property by all agencies or instrumentalities of the United 
States, to the same extent as is separately authorized to the 
accounts described in subsection 9102(a)(2) of the Department 
of Defense Appropriations Act, 1990 (103 Stat. 1151).
  (4) Notwithstanding any other provision of law, Calista 
Corporation or the village corporations identified in the CCRD 
Addendum may assign, without restriction, any or all of the 
account upon written notification to the Secretary of the 
Treasury and the Secretary of the Interior.
  (5) Calista will provide to the Bureau of Land Management, 
Alaska State Office, appropriate documentation to enable that 
office to perform the accounting required by paragraph (1) and 
to forward such information, if requested by Calista, to the 
Secretary of the Treasury as authorized by such paragraph.
  (6) For the purpose of the determination of the applicability 
of section 7(i) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1606(i)) to revenues generated pursuant to this section, 
such revenues shall be calculated in accordance with paragraph 
(5) of the CCRD Addendum.

           *       *       *       *       *       *       *


                            Additional Views

    The concept underlying H.R. 2000 is to develop, on a 
consensus basis, non-controversial omnibus legislation which is 
likely to be enacted into law, as was the case with two 
previous Alaska Native ``technical amendment'' bills. Nine of 
the ten sections in this bill appear to fit that model and are 
the product of extensive negotiations between the Department of 
the Interior, the State of Alaska, and Alaska Natives.
    Section 5, however, raises a disturbing precedent by having 
Congress pay greatly in excess of fair market value for lands 
that are not highly desired by the U.S. Fish and Wildlife 
Service as additions to the national wildlife refuge system.
    Section 5 would establish, by Congressional mandate and 
without regard to fair market valuation or appraisal, a payment 
of $39.4 million for the acquisition of property owned by the 
Calista Corporation (and three Native village corporations) 
located within the Yukon Delta National Wildlife Refuge. 
Calista's self-negotiated selling price of $39.4 million is 
eight times greater than the U.S. Fish and Wildlife Service's 
appraised value of $5 million. Moreover, the lands package 
being offered by Calista has been subsequently revised, with 
high value (gold-potential) lands at Uluksak River dropped, and 
lands added which have not been appraised.
    The second major problem is that, with the primary 
exception of 10,000 surface acres at Dall Lake, the bulk of the 
lands are not considered by the U.S. Fish and Wildlife Service 
to be high priority acquisitions. In the case of nearly 200,000 
of the acres to be acquired, the U.S. would gain title only to 
subsurface lands which have little chance of development. The 
USF&WS views acquisition of these subsurface lands as having no 
direct benefit to fish and wildlife surface habitat. The agency 
had no input in the original authorization for this acquisition 
which was not approved by this Committee, but rather slipped 
through Congress without hearings as a legislative rider in the 
fiscal Year 1992 Defense Appropriations Act [Section 8126 of 
Public Law 102-172].
    I recognize that the Calista Native region faces difficult 
economic and social challenges, I have supported previous 
actions by this Committee to assist Alaska Natives, for 
example, by including the Community Development Quota program 
in the Magnuson Act reauthorization, thus assuring that a fair 
portion of the fisheries resources are reserved to benefit 
communities in Western Alaska. And I also recognize that the 
enormous Yukon Delta National Wildlife Refuge provides critical 
wetlands habitat for migratory waterfowl on the Pacific Flyway.
    But Congress should recognize this proposed acquisition for 
what it is: a gift to Alaska Native Corporations, thinly 
disguised as a land acquisition of dubious merit, courtesy of 
the U.S. taxpayers. As the Department of the Interior stated in 
its views on H.R. 2000 on September 30, 1997: ``[w]hile we 
cannot support the specific values assigned by this bill for 
this exchange, because they are for considerably more than an 
appraised value and would jeopardize other land exchanges in 
Alaska, we do not oppose having Congress provide Calista with 
an economic and social development grant to accompany the 
appraised value land payment.''
    To put the magnitude of the proposed Calista acquisition in 
perspective, in Fiscal Year 1997, Congress appropriated only 
$44.5 million from the Land and Water Conservation Fund for 
national wildlife refuge land acquisition. By granting $39.4 
million to Calista, this bill would allocate to one dubious 
acquisition in one state nearly the amount spent on refuge 
acquisition in the entire nation.
    CBO's cost estimate concludes that paying Calista in excess 
of the $5 million appraised value would increase direct 
spending and result in a loss of $34 million in receipts from 
federal property sales. A legislative rider in the FY 1990 
Defense Appropriations Act [Section 9102 of Public Law 101-165] 
expanded the applicable definition of federal property to 
include securities issued by the Treasury, essentially allowing 
Calista to receive cash without bidding on surplus federal 
property.
                                                     George Miller.





                                
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