[House Report 106-452]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-452

======================================================================



 
                ELIM NATIVE CORPORATION LAND RESTORATION

                                _______
                                

November 5, 1999.--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

                        [To accompany H.R. 3090]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3090) to amend the Alaska Native Claims Settlement Act to 
restore certain lands to the Elim Native Corporation, 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. ELIM NATIVE CORPORATION LAND RESTORATION.

  The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following new section:
               ``elim native corporation land restoration
  ``Sec. 42. (a) Findings.--The Congress finds that--
          ``(1) approximately 350,000 acres of land were withdrawn by 
        Executive Orders in 1917 for the use of the United States 
        Bureau of Education and of the Natives of Indigenous Alaskan 
        race;
          ``(2) these lands comprised the Norton Bay Reservation (later 
        referred to as Norton Bay Native Reserve) and were set aside 
        for the benefit of the Native inhabitants of the Eskimo Village 
        of Elim, Alaska;
          ``(3) in 1929, an Executive Order deleted 50,000 acres of 
        land from the Norton Bay Reservation;
          ``(4) the lands were deleted from the Reservation for the 
        benefit of others;
          ``(5) the deleted lands were not available to the Native 
        inhabitants of Elim under section 19(b) of this Act at the time 
        of passage of this Act;
          ``(6) the deletion of these lands has been and continues to 
        be a source of deep concern to the indigenous people of Elim; 
        and
          ``(7) until this matter is dealt with, it will continue to be 
        a source of great frustration and sense of loss among the 
        shareholders of the Elim Native Corporation and their 
        descendants.
  ``(b) Withdrawal and Availability for Selection.--The lands described 
in subsection (c) are withdrawn, subject to valid existing rights, from 
all forms of appropriation or disposition under the public land laws, 
including the mining and mineral leasing laws, for a period of 2 years 
from the date of enactment of this section, for selection by the Elim 
Native Corporation.
  ``(c) Lands Described.--The lands described in this section are 
within the boundary of a parcel of land in the vicinity of Elim, 
Alaska, more particularly depicted and designated `Temporary Withdrawal 
Area' on the map dated October 19, 1999, on file with the Bureau of 
Land Management, and entitled Land Withdrawal Elim Native Corporation.
  ``(d) Authorization To Select and Receive Title to Lands; Reservation 
of Easements.--The Elim Native Corporation is authorized to select and 
receive title to 50,000 acres of lands within the boundary of the lands 
described in subsection (c). The Secretary is authorized and directed 
to receive and adjudicate a selection application filed by the Elim 
Native Corporation, and to convey the surface and subsurface estate in 
the selected lands to the Elim Native Corporation subject to the 
following rules, conditions, and limitations:
          ``(1) The Elim Native Corporation shall have 2 years from the 
        date of the enactment of this section in which to file its 
        selection of no more than 60,000 acres of land from the area 
        described in subsection (c). The selection application shall be 
        filed with the Bureau of Land Management, shall describe a 
        single tract adjacent to U.S. Survey No. 2548, Alaska, and 
        shall be reasonably compact, contiguous, and in whole sections 
        except when separated by unavailable land or when the remaining 
        entitlement is less than a whole section. The Elim Native 
        Corporation shall prioritize its selections made pursuant to 
        this section at the time such selections are filed, and such 
        prioritization shall be irrevocable. Any lands selected shall 
        remain withdrawn until conveyed or full entitlement has been 
        achieved.
          ``(2)(A) The selection filed by the Elim Native Corporation 
        pursuant to this section shall be subject to valid existing 
        rights and may not supercede prior selections of the State of 
        Alaska, any Native corporation, or valid entries of any private 
        individual unless such selection or entry is relinquished prior 
        to any selection by the Elim Native Corporation. Any lands held 
        within the exterior boundaries of lands conveyed to the Elim 
        Native Corporation shall have all rights of ingress and egress 
        to be vested in the inholder and the inholder's agents, 
        employees, co-venturers, licensees, or subsequent grantees, and 
        such easements shall be reserved in the conveyance to the Elim 
        Native Corporation. Public Land Order 5563 of December 16, 
        1975, is hereby modified to extend to the lands withdrawn 
        pursuant to this section and the Secretary is authorized, at 
        the Secretary's discretion, to permit selections and 
        conveyances of hot or medicinal springs (referred to herein as 
        `hot springs') pursuant to this section.
          ``(B) If any lands are conveyed to Elim Native Corporation 
        which are also subject to withdrawal for hot springs under this 
        section, there shall be in the conveyance the following rights 
        reserved to the United States, covenants, and conditions:
                  ``(i) The right of ingress and egress over easements 
                under 17(b) of this Act for the public to visit the hot 
                springs for noncommercial purposes and to use any part 
                of the hot springs that is not commercially developed.
                  ``(ii) The right of the United States to enter upon 
                the lands for the purpose of conducting scientific 
                research and to use the results of such research 
                without compensation to Elim Native Corporation.
                  ``(iii) A covenant running with the land that 
                commercial development of the hot springs by Elim 
                Native Corporation or its successors, assigns, or 
                grantees shall include the right to develop a maximum 
                of 15 percent of the land upon which the hot springs 
                are located and the land within \1/4\ mile of the land 
                upon which the hot springs are located. Such commercial 
                development shall not alter the natural hydrologic or 
                thermal system associated with the hot springs and not 
                less than 85 percent of the lands within \1/4\ mile of 
                the hot springs shall be left in its natural state.
          ``(C) Elim Native Corporation shall have the right to conduct 
        scientific research on the conveyance lands, including the hot 
        springs, and to use the results of such research without 
        compensation to the United States.
          ``(D) The Secretary is authorized to negotiate with Elim 
        Native Corporation a memorandum of understanding to implement 
        the provisions of this paragraph.
          ``(E) The following covenants, terms, and conditions with 
        respect to the conveyance lands shall be incorporated into the 
        interim conveyance and patent, if any, conveying the lands to 
        Elim Native Corporation:
                  ``(i) Upon receipt of the conveyance lands, Elim 
                shall have all legal rights and privileges as 
                landowner, other than reservations, covenants, and 
                conditions specified in this subsection and in the 
                Memorandum of Understanding.
                  ``(ii) Elim Native Corporation shall not engage in or 
                allow Commercial Timber Harvesting on the conveyance 
                lands. `Commercial Timber Harvesting' means--
                          ``(I) cutting and removing from the Elim 
                        Native Corporation lands Merchantable Timber 
                        for sale; and
                          ``(II) constructing roads and related 
                        infrastructure for the support thereof. 
                        `Merchantable Timber' means timber that can be 
                        harvested and marketed by a prudent operator.
                  ``(iii) To accomplish the purpose of this subsection, 
                the following rights are retained by the United States:
                          ``(I) To enter upon the conveyance lands, 
                        after providing reasonable advance notice in 
                        writing to Elim Native Corporation, and after 
                        providing Elim Native Corporation with a 
                        reasonable opportunity to have a representative 
                        present upon such entry in order to achieve the 
                        purpose and enforce the terms of this 
                        subsection.
                          ``(II) To have all rights and remedies 
                        available against persons who cut or remove 
                        Merchantable Timber with no lawful right to do 
                        so in addition to any such rights held by Elim 
                        Native Corporation.
                          ``(III) In cooperation with Elim Native 
                        Corporation, the right, but not the obligation, 
                        to reforest in the event then-existing 
                        Merchantable Timber is destroyed by fire, wind, 
                        insects, disease, or other similar manmade or 
                        natural occurrence (excluding manmade 
                        occurrences resulting from the exercise by Elim 
                        Native Corporation of its lawful rights to use 
                        the conveyance lands).
                  ``(iv) The foregoing provisions are covenants running 
                with the land.
                  ``(v) Elim Native Corporation shall incorporate the 
                terms of this subsection in any deed or other legal 
                instrument by which it divests itself of any interest 
                in all or a portion of the conveyance lands, including 
                without limitation a leasehold interest.
                  ``(vi) The covenants, terms, conditions, and 
                restrictions of this subsection are covenants running 
                with the land and shall be binding upon Elim Native 
                Corporation and the United States, their successors and 
                assigns.
                  ``(vii) Appropriate administration and enforcement 
                provisions shall be incorporated into the Memorandum of 
                Understanding authorized by this subsection.
                  ``(viii) The United States shall retain the right of 
                prosecutorial discretion without waiver of any such 
                reservations, covenants, or conditions, in the 
                enforcement of any reservation, covenant, or condition.
          ``(3) The Bureau of Land Management shall reserve easements 
        to the United States for the benefit of the public pursuant to 
        section 17(b) of this Act in the conveyance to the Elim Native 
        Corporation.
          ``(4) The Bureau of Land Management may reserve an easement 
        for the Iditarod National Historic Trail in the conveyance to 
        the Elim Native Corporation.
  ``(e) Finality of Selections.--Selection by the Elim Native 
Corporation of lands under subsection (d) and final conveyance of those 
lands to Elim Native Corporation shall constitute full satisfaction of 
any claim of entitlement of the Elim Native Corporation with respect to 
its land entitlements under section 19(b).
  ``(f) Implementation.--There are authorized to be appropriated such 
sums as may be necessary to implement this section.''.

SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.

  Section 7(h)(1)(C)(iii) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1606(h)(1)(C)(iii)) is amended by inserting before the 
period at the end the following: ``, notwithstanding an adoption, 
relinquishment, or termination of parental rights that may have altered 
or severed the legal relationship between the gift donor and 
recipient''.

SEC. 3. DEFINITION OF SETTLEMENT TRUST.

  Section 3(t)(2) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1602(t)(2)) is amended by striking ``sole'' and all that follows 
through ``Stock'' and inserting ``benefit of shareholders, Natives, and 
descendants of Natives,''.

                          Purpose of the Bill

    The purpose of H.R. 3090 is to amend the Alaska Native 
Claims Settlement Act to restore certain lands to the Elim 
Native Corporation, and for other purposes.

                  Background and Need for Legislation

    H.R. 3090 will authorize the Elim Native Corporation, a 
village corporation established under Section 19(b) of the 
Alaska Native Claims Settlement Act, to select and have 
conveyed to it 50,000 acres of federal land in an area north of 
the former Norton Bay Reservation. This acreage would replace 
50,000 acres deleted from the Reservation in 1929 by Executive 
Order from the Reservation established for the benefit and use 
of people whose descendants are today the shareholders of this 
Native village corporation.
    In 1916, a group of Inupiat Eskimos, whose ancestors had 
lived in the Norton Bay region for centuries, were relocated 
from Golovin Mission to a camp at what is today Elim, Alaska. 
The people reportedly were suffering from measles, diphtheria, 
and tuberculosis and other diseases they were exposed to by the 
influx of non-Native settlers working in the gold mining and 
other industries in the vicinity of Nome and Golovin.
    The area in which Golovin Mission was located was ``barren 
and that the Eskimos could not support themselves there * * 
*.'' The location the people were moved to had ``an abundance 
of supply of fish, game, timber and reindeer moss * * *.'' The 
site also was chosen apparently because of the presence of a 
fresh water spring and nearby medicinal hot springs.
    In 1917, by Executive Order Number 2508 (January 3, 1917) 
(amended by Executive Order Number 2525 (February 6, 1917)), 
the federal government established a reservation around the 
Native village of Elim on Norton Bay, about 110 miles southeast 
of Nome, Alaska. The Executive Order set aside the reservation 
for the benefit and ``use of the United States Bureau of 
Education and of the natives of indigenous Alaskan race * * 
*.'' At the time of its establishment, the Reservation was 
approximately 350,000 acres.
    In 1919, Congress passed a law that prohibited the 
withdrawal of public lands for an Indian reservation except by 
act of Congress. Eight years later, Congress mandated that, 
except for temporary withdrawals by the Secretary of the 
Interior, changes ``in the boundaries of reservations created 
by Executive order, proclamation, or otherwise for the use and 
occupation of Indians shall not be made except by Act of 
Congress.''
    Notwithstanding the 1919 and 1927 changes in law, the 
President issued Executive Order 5207 (October 12, 1929), 
revoking approximately 50,000 acres of the Norton Bay 
Reservation. This Executive Order first opened the lands to 
entry by ex-servicemen of World War I, as required by the Act 
of February 14, 1920, 41 Stat. 434, as amended, 42 Stat. 358, 
1067. After this 91 day period, in which no serviceman sought 
entry, the lands were opened up to entry by the general public.
    Until recently, the background as to why the lands were 
deleted from the Norton Bay Reservation was not readily 
available. However, it appears now that there were multiple 
attempts by non-Natives to obtain modifications of the 
Executive Orders establishing the Norton Bay Reservation to 
open up all or part of the Reservation for commercial uses such 
a fur farming and mining by non-Natives. Such attempts were 
successful in 1929 but not in 1934, when Secretary of the 
Interior Harold Ickes halted the additional attempts to open 
much of the Reservation to mining for the benefit of non-
Natives.
    It also appears that, to the extent there was any 
consultation with the Native people of Elim prior to the 1929 
deletion, such consultation was inadequate and cannot be 
construed as obtaining informed consent from the Native people 
directly affected. This was particularly so considering the 
lack of Native community experience and knowledge of the non-
Native political and governmental process, and because the 
residents of Elim at that time had become American citizens 
only five years prior in 1924. However, the oral history of the 
villagers indicates that they were not informed and did not 
give their consent to government actions to delete the lands in 
question.
    The deletion became particularly significant in 1971, when 
Congress passed the Alaska Native Claims Settlement Act 
(ANCSA). Section 19(b) of ANCSA provided certain Native 
villages which previously had been located on reservation land 
the option of taking title to the reservation lands surrounding 
their villages as of 1971 or a different settlement involving 
lands, money, and rights to revenue sharing. The village of 
Elim was offered and took title to the lands making up the 
Norton Bay Reservation. However, the 1929 deletion had 
effectively reduced Elim's entitlement to Norton Bay 
Reservation lands by 50,000 acres. Although the people of Elim 
felt that the lands had been wrongly taken from them in 1929, 
they did not have the wherewithall or documentation to prove 
it. It also appears that no one within government knew the 
facts surrounding this deletion since the facts were not raised 
nor made known to Elim during the establishment of their ANCSA 
Section 19(b) Native corporation and the identification of 
their land base.
    Some of the prime coastal lands deleted in 1929 have since 
been selected by and some conveyed to another Native village 
corporation under ANCSA. In this situation, it does not appear 
prudent to attempt to restore the lands deleted but rather to 
replace them from other federal lands which can be made 
available for selection under this legislation.
    In light of the background and historical setting regarding 
this land deletion, the Committee believes that this particular 
case warrants remedial action by Congress. The Committee seeks 
to do that by having Congress authorize Elim, on behalf of its 
Native shareholders, select and have conveyed to it 50,000 
acres of lands north of and adjacent to the original Norton Bay 
Reservation, subject to certain covenants, reservations, terms 
and conditions.
    Because of the particular situation surrounding the 
deletion and the opportunity afforded to Elim to have such 
lands replaced, and considering the natural resources those 
lands contain, the Committee has developed, in consultation 
with the Department of the Interior, Elim, and others, certain 
covenants, reservations, terms and conditions to be included in 
the conveyance to Elim. These provisions wouldhelp conserve 
fish and wildlife habitat on the lands conveyed, as well as hot and 
medicinal springs, and provide certain access to the public while 
providing Elim with the bulk of the rights of ownership so it can make 
beneficial and economic use of the lands as envisioned in ANCSA. The 
Committee expects this balancing of interests to be implemented in a 
sensible way so as to provide Elim with the capability to utilize the 
lands in an economically productive and sustainable way while providing 
important safeguards to the fish and wildlife and other natural 
resources on which the Elim Native Corporation shareholders rely to 
some extent today and will more so into the future.
    The Committee believes that, considering this special and 
unique set of circumstances, this legislation will help remedy 
in an appropriate way the inequity in this case and help 
alleviate a source of great concern, frustration and feeling of 
loss to the people of Elim.

                            Committee Action

    H.R. 3090 was introduced on October 18, 1999, by 
Congressman Don Young. The bill was referred to the Committee 
on Resources. On October 13, 1999, the Committee held a hearing 
on H.R. 3013, which contains the three sections of H.R. 3090. 
On October 20, 1999, the Committee met to mark up the bill. 
Congressman Don Young offered an amendment which clarified the 
conditions surrounding the land selection and conveyance. The 
amendment was adopted by voice vote, and the bill, as amended, 
was then ordered favorably reported to the House of 
Representatives by voice vote.

                      Section-By-Section Analysis


Section 1. Elim Native Corporation Land Restoration

    This section amends the Alaska Native Claims Settlement Act 
by adding a new Section 42, Elim Native Corporation Land 
Restoration.
    Subsection (a) sets out findings regarding the background 
and need for the legislation.
    Subsection (b) withdraws the lands described in subsection 
(c) from all forms of appropriation under the public land laws 
for a two-year period. This withdrawal would authorize Elim 
Native Corporation to select, subject to valid existing rights, 
lands under this new section.
    Subsection (c) describes the withdrawn lands by reference 
to a map dated October 19, 1999. The designation ``Temporary 
Withdrawal Area'' on the map depicts the lands which are to be 
withdrawn and from which Elim would select replacement acreage.
    Subsection (d) authorizes Elim to select and ultimately 
receive title to 50,000 acres of lands from the lands inside 
the Temporary Withdrawal Area. The Department of the Interior 
shall process the selections by Elim Native Corporation and 
convey the fee to the surface and subsurface estate in the 
selected lands, subject to the rules, conditions, and 
limitations described below.
    Subsection (d)(1) provides two years after the date of 
enactment for Elim to make its selections. To ensure that it 
receives the 50,000 acres, Elim may select up to 60,000 acres 
and must prioritize its selections at the time it makes the 
selections. Elim may not revoke or change its priorities. Elim 
must select a single tract of land adjacent to U.S. Survey No. 
2548, Alaska, that is reasonably compact, contiguous, and in 
whole sections except for two situations. The withdrawn lands 
remain withdrawn until the Department has conveyed all the 
lands that Elim Native Corporation is entitled to under this 
legislation.
    Subsection (d)(2)(A) provides that, in addition to being 
subject to valid existing rights, Elim's selections may not 
supersede prior selections by the State of Alaska or other 
Native corporations, or valid entries by private individuals 
unless the State, Native corporation, or individual 
relinquishes the selection or entry prior to selection by Elim. 
Rights of ingress and egress will vest in the inholder, if any, 
or the inholder's agent and be reflected as an easement 
reserved in the conveyance to Elim. Public Land Order 5563, 
which made the hot springs previously reserved in Alaska 
available to ANCSA Native corporations for selection, is 
modified so as to authorize the Secretary to permit selections 
by Elim of hot or medicinal springs.
    Subsection (d)(2)(B) reserves to the United States certain 
covenants and conditions including the right of the public to 
visit for non-commercial purposes the hot springs conveyed to 
Elim, if any, and to conduct scientific research on the hot 
springs and to use the research without compensation to Elim. 
Development would be limited to only 15 percent of the land on 
which the hot springs are located and on lands within \1/4\ 
mile from the hot springs. Such development must not alter, 
however, the natural hydrologic or thermal system associated 
with the hot springs. Elim would be able to conduct scientific 
research on the conveyed lands without compensation to the 
United States.
    Subsection (d)(2)(D) authorizes the Department of the 
Interior to enter into a Memorandum of Understanding (MOU) with 
Elim regarding provisions of the paragraph.
    Subsection (d)(2)(E) provides that the conveyance include 
the specified covenants, terms and conditions and that Elim 
would have, on receipt of the lands, all legal rights and 
privileges of a landowner other than the reservations, 
covenants and conditions specified in the subsection and the 
MOU. Elim is not permitted to engage in commercial timber 
harvesting (a defined term) on the conveyed lands. The 
paragraph provides for certain retained rights to the United 
States: (1) the right to enter Elim Native Corporation's 
conveyance lands to enforce the provision; (2) rights and 
remedies against persons violating the restriction on 
commercial timber harvesting; and (3) the right to reforest, in 
cooperation with Elim Native Corporation if merchantable timber 
is destroyed. The paragraph also provides for incorporating 
appropriate administrative and enforcement provisions in any 
MOU the parties enter into, and the right of prosecutorial 
discretion without waiver of the reservation, covenant, or 
condition if the United States does not prosecute or enforce 
the reservation, covenant, or condition.
    Subsection (d)(3) and (4) reserves public access easements 
under Section 17(b) of ANCSA, and provides authority to reserve 
an easement for the Iditarod National Historic Trail.
    Subsection (e) makes clear that selection by and conveyance 
to Elim Native Corporation of these lands is in full 
satisfaction of any claim by Elim Native Corporation of 
entitlement of lands under Section 19(b) of ANCSA.
    Subsection (f) authorizes appropriations as may be 
necessary to implement subsection (c).

Section 2. Common stock to adopted-out descendants

    Section 7(h) of ANCSA sets forth the general rules 
pertaining to the issuance and transfer of common stock in an 
Alaska Native Corporation, which stock is referred to as 
Settlement Common Stock. Generally, the holder of Settlement 
Common Stock is not permitted to sell, pledge or otherwise 
alienate this stock. However, Section 7(h)(1)(C) of ANCSA 
provides certain exceptions to the general prohibition on the 
alienation of Settlement Common Stock. Under Section 
7(h)(1)(C)(iii), the holder of Settlement Common Stock may 
transfer some or all of the Settlement Common Stock to a close 
family member by inter vivos gift. Gifts of Settlement Common 
Stock are permitted to, among others, a child, grandchild or 
great-grandchild.
    Alaska State law has been interpreted to sever, for all 
purposes, the relationship between a family and a child who has 
been adopted out, or for whom parental rights have been 
relinquished or terminated. Thus, under existing law, a holder 
of Settlement Common Stock may not make an inter vivos gift 
transfer of Settlement Common Stock to a child who has been 
adopted by another family. The proposed amendment in Section 2 
will permit the biological family of an Alaska Native child to 
make an inter vivos gift to that child of Settlement Common 
Stock, regardless of the child's adoption into a non-Native 
family, or the relinquishment or termination of parental 
rights. The enactment of the provisions of Section 2 will 
resolve the problem currently faced by some Alaska Native 
children who are unable to receive shares in an Alaska Native 
Corporation because the relationship with their biological 
family has been legally severed under Alaska State law.

Section 3. Definition of settlement trust

    Congress enacted the settlement trust option in ANCSA to 
allow Alaska Native Corporations to establish trusts to hold 
assets for the benefit of Alaska Native Shareholders. As the 
law currently stands, these trusts may only benefit holders of 
Settlement Common Stock. The amendments contained in Section 3 
of the bill will permit Native Corporation shareholders, by the 
vote of a majority of shares, to extend this benefit of ANCSA 
to all of the Native people in their community, including the 
children and grandchildren of the original stockholders, 
regardless of whether they yet own stock in the Native 
Corporation. This amendment redefines ``settlement trust'' to 
permit Native Corporations to establish settlement trusts in 
which potential beneficiaries include shareholders, Natives and 
descendants of Natives. Because ANCSA was enacted to benefit 
all Natives, this amendment is in keeping with the original 
intent of that legislation. At the same time, the interests of 
Alaska Native Corporation shareholders are protected because 
this option is available only to those Corporations whose 
shareholders vote, by a majority of all outstanding voting 
shares, to benefit non-shareholders.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 3, 1999.
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 cost estimate for H.R. 3090, a bill to 
amend the Alaska Native Claims Settlement Act to restore 
certain lands to the Elim Native Corporation, and for other 
purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria 
Heid Hall (for federal costs), and Marjorie Miller (for the 
state, local, and tribal impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3090--A bill to amend the Alaska Native Claims Settlement Act to 
        restore certain lands to the Elim Native Corporation, and for 
        other purposes

    CBO estimates that implementing H.R. 3090 would have no 
significant impact on the federal budget. Because H.R. 3090 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 3090 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act. Enactment of this bill would 
benefit the Elim Native Corporation.
    H.R. 3090 would direct the Secretary of the Interior to 
convey 50,000 acres of public land administered by the Bureau 
of Land Management (BLM) in Alaska to the Elim Native 
Corporation. According to BLM, the area from which the 
corporation would make the selection currently generates no 
receipts, and the agency does not expect the land to generate 
any significant receipts over the next 10 years. Therefore, 
conveying this acreage to the corporation would not affect the 
federal budget over that period.
    H.R. 3090 also would amend the Alaska Native Claims 
Settlement Act (ANCSA) to broaden the definition of a 
``settlement trust'' in ANCSA. We estimate that the provision 
would have no impact on federal spending.
    The CBO staff contacts are Victoria Heid Hall (for federal 
costs), and Marjorie Miller (for the state, local, and tribal 
impact). This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local, or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) 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 italic, existing law in which no change is 
proposed is shown in roman):

                  ALASKA NATIVE CLAIMS SETTLEMENT ACT




           *       *       *       *       *       *       *
                              definitions

  Sec. 3. For the purposes of this Act, the term--
  (a) * * *

           *       *       *       *       *       *       *

  (t) ``Settlement Trust'' means a trust--
          (1) * * *
          (2) operated for the [sole benefit of the holders of 
        the corporation's Settlement Common Stock] benefit of 
        shareholders, Natives, and descendants of Natives, in 
        accordance with section 39 and the laws of the State of 
        Alaska.

           *       *       *       *       *       *       *


                         regional corporations

  Sec. 7. (a) * * *

           *       *       *       *       *       *       *

  (h)(1) Rights and Restrictions.--(A) * * *

           *       *       *       *       *       *       *

  (C) Notwithstanding the restrictions set forth in 
subparagraph (B), Settlement Common Stock may be transferred to 
a Native or a descendant of a Native--
          (i) * * *

           *       *       *       *       *       *       *

          (iii) as an inter vivos gift from a holder to his or 
        her child, grandchild, great-grandchild, niece, nephew, 
        or (if the holder has reached the age of majority as 
        defined by the laws of the State of Alaska) brother or 
        sister, notwithstanding an adoption, relinquishment, or 
        termination of parental rights that may have altered or 
        severed the legal relationship between the gift donor 
        and recipient.

           *       *       *       *       *       *       *



                elim native corporation land restoration


  Sec. 42. (a) Findings.--The Congress finds that--
          (1) approximately 350,000 acres of land were 
        withdrawn by Executive Orders in 1917 for the use of 
        the United States Bureau of Education and of the 
        Natives of Indigenous Alaskan race;
          (2) these lands comprised the Norton Bay Reservation 
        (later referred to as Norton Bay Native Reserve) and 
        were set aside for the benefit of the Native 
        inhabitants of the Eskimo Village of Elim, Alaska;
          (3) in 1929, an Executive Order deleted 50,000 acres 
        of land from the Norton Bay Reservation;
          (4) the lands were deleted from the Reservation for 
        the benefit of others;
          (5) the deleted lands were not available to the 
        Native inhabitants of Elim under section 19(b) of this 
        Act at the time of passage of this Act;
          (6) the deletion of these lands has been and 
        continues to be a source of deep concern to the 
        indigenous people of Elim; and
          (7) until this matter is dealt with, it will continue 
        to be a source of great frustration and sense of loss 
        among the shareholders of the Elim Native Corporation 
        and their descendants.
  (b) Withdrawal and Availability for Selection.--The lands 
described in subsection (c) are withdrawn, subject to valid 
existing rights, from all forms of appropriation or disposition 
under the public land laws, including the mining and mineral 
leasing laws, for a period of 2 years from the date of 
enactment of this section, for selection by the Elim Native 
Corporation.
  (c) Lands Described.--The lands described in this section are 
within the boundary of a parcel of land in the vicinity of 
Elim, Alaska, more particularly depicted and designated 
``Temporary Withdrawal Area'' on the map dated October 19, 
1999, on file with the Bureau of Land Management, and entitled 
Land Withdrawal Elim Native Corporation.
  (d) Authorization To Select and Receive Title to Lands; 
Reservation of Easements.--The Elim Native Corporation is 
authorized to select and receive title to 50,000 acres of lands 
within the boundary of the lands described in subsection (c). 
The Secretary is authorized and directed to receive and 
adjudicate a selection application filed by the Elim Native 
Corporation, and to convey the surface and subsurface estate in 
the selected lands to the Elim Native Corporation subject to 
the following rules, conditions, and limitations:
          (1) The Elim Native Corporation shall have 2 years 
        from the date of the enactment of this section in which 
        to file its selection of no more than 60,000 acres of 
        land from the area described in subsection (c). The 
        selection application shall be filed with the Bureau of 
        Land Management, shall describe a single tract adjacent 
        to U.S. Survey No. 2548, Alaska, and shall be 
        reasonably compact, contiguous, and in whole sections 
        except when separated by unavailable land or when the 
        remaining entitlement is less than a whole section. The 
        Elim Native Corporation shall prioritize its selections 
        made pursuant to this section at the time such 
        selections are filed, and such prioritization shall be 
        irrevocable. Any lands selected shall remain withdrawn 
        until conveyed or full entitlement has been achieved.
          (2)(A) The selection filed by the Elim Native 
        Corporation pursuant to this section shall be subject 
        to valid existing rights and may not supercede prior 
        selections of the State of Alaska, any Native 
        corporation, or valid entries of any private individual 
        unless such selection or entry is relinquished prior to 
        any selection by the Elim Native Corporation. Any lands 
        held within the exterior boundaries of lands conveyed 
        to the Elim Native Corporation shall have all rights of 
        ingress and egress to be vested in the inholder and the 
        inholder's agents, employees, co-venturers, licensees, 
        or subsequent grantees, and such easements shall be 
        reserved in the conveyance to the Elim Native 
        Corporation. Public Land Order 5563 of December 16, 
        1975, is hereby modified to extend to the lands 
        withdrawn pursuant to this section and the Secretary is 
        authorized, at the Secretary's discretion, to permit 
        selections and conveyances of hot or medicinal springs 
        (referred to herein as ``hot springs'') pursuant to 
        this section.
          (B) If any lands are conveyed to Elim Native 
        Corporation which are also subject to withdrawal for 
        hot springs under this section, there shall be in the 
        conveyance the following rights reserved to the United 
        States, covenants, and conditions:
                  (i) The right of ingress and egress over 
                easements under 17(b) of this Act for the 
                public to visit the hot springs for 
                noncommercial purposes and to use any part of 
                the hot springs that is not commercially 
                developed.
                  (ii) The right of the United States to enter 
                upon the lands for the purpose of conducting 
                scientific research and to use the results of 
                such research without compensation to Elim 
                Native Corporation.
                  (iii) A covenant running with the land that 
                commercial development of the hot springs by 
                Elim Native Corporation or its successors, 
                assigns, or grantees shall include the right to 
                develop a maximum of 15 percent of the land 
                upon which the hot springs are located and the 
                land within \1/4\ mile of the land upon which 
                the hot springs are located. Such commercial 
                development shall not alter the natural 
                hydrologic or thermal system associated with 
                the hot springs and not less than 85 percent of 
                the lands within \1/4\ mile of the hot springs 
                shall be left in its natural state.
          (C) Elim Native Corporation shall have the right to 
        conduct scientific research on the conveyance lands, 
        including the hot springs, and to use the results of 
        such research without compensation to the United 
        States.
          (D) The Secretary is authorized to negotiate with 
        Elim Native Corporation a memorandum of understanding 
        to implement the provisions of this paragraph.
          (E) The following covenants, terms, and conditions 
        with respect to the conveyance lands shall be 
        incorporated into the interim conveyance and patent, if 
        any, conveying the lands to Elim Native Corporation:
                  (i) Upon receipt of the conveyance lands, 
                Elim shall have all legal rights and privileges 
                as landowner, other than reservations, 
                covenants, and conditions specified in this 
                subsection and in the Memorandum of 
                Understanding.
                  (ii) Elim Native Corporation shall not engage 
                in or allow Commercial Timber Harvesting on the 
                conveyance lands. ``Commercial Timber 
                Harvesting'' means--
                          (I) cutting and removing from the 
                        Elim Native Corporation lands 
                        Merchantable Timber for sale; and
                          (II) constructing roads and related 
                        infrastructure for the support thereof. 
                        ``Merchantable Timber'' means timber 
                        that can be harvested and marketed by a 
                        prudent operator.
                  (iii) To accomplish the purpose of this 
                subsection, the following rights are retained 
                by the United States:
                          (I) To enter upon the conveyance 
                        lands, after providing reasonable 
                        advance notice in writing to Elim 
                        Native Corporation, and after providing 
                        Elim Native Corporation with a 
                        reasonable opportunity to have a 
                        representative present upon such entry 
                        in order to achieve the purpose and 
                        enforce the terms of this subsection.
                          (II) To have all rights and remedies 
                        available against persons who cut or 
                        remove Merchantable Timber with no 
                        lawful right to do so in addition to 
                        any such rights held by Elim Native 
                        Corporation.
                          (III) In cooperation with Elim Native 
                        Corporation, the right, but not the 
                        obligation, to reforest in the event 
                        then-existing Merchantable Timber is 
                        destroyed by fire, wind, insects, 
                        disease, or other similar manmade or 
                        natural occurrence (excluding manmade 
                        occurrences resulting from the exercise 
                        by Elim Native Corporation of its 
                        lawful rights to use the conveyance 
                        lands).
                  (iv) The foregoing provisions are covenants 
                running with the land.
                  (v) Elim Native Corporation shall incorporate 
                the terms of this subsection in any deed or 
                other legal instrument by which it divests 
                itself of any interest in all or a portion of 
                the conveyance lands, including without 
                limitation a leasehold interest.
                  (vi) The covenants, terms, conditions, and 
                restrictions of this subsection are covenants 
                running with the land and shall be binding upon 
                Elim Native Corporation and the United States, 
                their successors and assigns.
                  (vii) Appropriate administration and 
                enforcement provisions shall be incorporated 
                into the Memorandum of Understanding authorized 
                by this subsection.
                  (viii) The United States shall retain the 
                right of prosecutorial discretion without 
                waiver of any such reservations, covenants, or 
                conditions, in the enforcement of any 
                reservation, covenant, or condition.
          (3) The Bureau of Land Management shall reserve 
        easements to the United States for the benefit of the 
        public pursuant to section 17(b) of this Act in the 
        conveyance to the Elim Native Corporation.
          (4) The Bureau of Land Management may reserve an 
        easement for the Iditarod National Historic Trail in 
        the conveyance to the Elim Native Corporation.
  (e) Finality of Selections.--Selection by the Elim Native 
Corporation of lands under subsection (d) and final conveyance 
of those lands to Elim Native Corporation shall constitute full 
satisfaction of any claim of entitlement of the Elim Native 
Corporation with respect to its land entitlements under section 
19(b).
  (f) Implementation.--There are authorized to be appropriated 
such sums as may be necessary to implement this section.
                            A P P E N D I X

                              ----------                              

                                     The Coastal Coalition,
                                    Anchorage, AK, October 8, 1999.
Re Elim Native Corporation Land Restoration proposal.

Hon. Don Young,
Chairman,
Hon. George Miller,
House of Representatives, Committee on Resources, Washington, DC.
    Dear Gentlemen: I just wanted to offer a few words in 
support of the proposal before your committee to return to the 
Elim Corporation 50,000 acres of land that had been deleted in 
1929 by Executive Order.
    It is my understanding from the history of this issue that 
the deletion by Executive Order from the Norton Bay Reservation 
was the result of a concerted effort by non-Natives to gain 
access to the area for commercial purposes such as fur farming, 
prospecting and mining. The deletion from the Reservation 
seemed to be yet another profound injustice perpetrated on 
Alaska natives. Apparently, Elim people weren't even consulted 
regarding this deletion.
    In my many years living in and working in northwest Alaska, 
I visited Elim several times, and they were always some of the 
kindest, most accommodating people I had the opportunity to 
work with. They certainly seem to care a great deal about their 
land and cultural heritage.
    Before your committee is a remarkable opportunity to right 
this wrong, and I urge you to act upon this opportunity. The 
return of 50,000 acres of land to the Elim shareholders seems 
justified not just on moral and ethical grounds, but also on 
the grounds of conservation and protection of valuable fish and 
wildlife habitat. Particularly important is the habitat along 
the Tubuktoolik River and its watershed.
    I would hope that a protective conservation easement or 
other protective covenant could be included with the transfer 
in order to secure sustainable protection of the area well into 
the future. This would not only protect the lands from 
potentially damaging commercial activities, but would also 
allow Elim to develop a truly sustainable economy in the 
region. As the lands are held at present, there are no such 
protections and the area could easily fall victim to short-term 
activities against the desires and sentiments of the Elim 
people.
    Returning this land to the Elim people with the protective 
covenants is a win-win scenario, as it provides ethical redress 
of some rather outrageous federal activity earlier this 
century, conservation of the region, and opportunity for the 
Elim people to rebuild a sustainable economy on their land.
    Thanks for your attention to this very important issue.
            Sincerely,
                                            Rick Steiner, Director.
                                ------                                

                                Donald C. Mitchell,
                                           Attorney at Law,
                                    Anchorage, AK, October 8, 1999.
Re Section 7 of H.R. 3013 (Elim Native Corporation Amendment.)

Hon. Don Young,
Chairman, Committee on Resources.

Hon. George Miller,
Ranking Member, Committee on Resources, House of Representatives, 
        Washington, DC.
    Dear Representatives Young and Miller: On October 5, 1999, 
Mr. Young introduced, and the Committee on Resources was 
referred, H.R. 3013, the Alaska Native Claims Technical 
Amendments of 1999.
    In 1971 when it settled Alaska Native land claims by 
enacting the Alaska Native Claims Settlement Act (ANCSA) the 
92d Congress determined that social and economic justice 
required that Alaska Natives who resided in a village located 
within the boundaries of a reservation that had been 
established for their benefit should be afforded an opportunity 
to select, and to be conveyed legal title to, all public land 
located within the reservation's boundaries.
    The Inupiat residents of the village of Elim took advantage 
of that opportunity, and the Secretary of the Interior conveyed 
the Elim Native Corporation legal title to the public land 
located within the boundaries of the former Norton Bay 
Reservation, as those boundaries existed in 1971.
    ANCSA was a milestone in the history of Congress's 
relations with Native Americans. But because it was by no means 
perfect, since 1971 subsequent Congresses have amended ANCSA on 
numerous occasions to provide Alaska Natives additional land 
selection opportunities when necessary to ensure that the Act 
achieves its objectives.
    The most important of those objectives is to afford Alaska 
Natives social and economic justice regarding their ownership 
of public land they historically used and occupied.
    As you know, from 1977 to 1994, I served as counsel to the 
Alaska Federation of Natives (AFN), which Alaska Natives 
organized in 1967 to lead the fight for a fair and just land 
claims settlement. In that capacity I over the years 
participated in developing a number of amendments to ANCSA that 
Congress enacted to ensure that the objective of affording 
Alaska social and economic justice is achieved.
    One of the most grievous cases of social and economic 
injustice of which I became aware during my tenure as AFN's 
counsel was the caprice with which representatives of the 
federal executive in 1929 diminished the land rights of the 
Inupiat residents of the village of Elim by adjusting the 
boundary of the Norton Bay Reservation without their knowledge 
or consent.
    The facts regarding that situation are well-known and 
uncontroverted. During my tenure at AFN I and others on several 
occasions attempted to bring the Elim situation to Congress's 
attention, but we were not successful. As a consequence, I am 
delighted to find that section 7 of H.R. 3013 attempts to 
remedy the injustice that was inflicted on the Inupiat 
residents of Elim in 1929 when the boundary of the Norton 
Reservation was unfairly, and in my view unlawfully, modified. 
For that reason, I would respectfully, but strongly, urge you 
and other members of the Committee on Resources to favorably 
report section 7 of H.R. 3013 to the U.S. House of 
Representatives, either as part of H.R. 3013, or as a stand-
alone bill.
            Sincerely,
                                                      Don Mitchell.
                                ------                                

           Copeland, Landye, Bennett and Wolf, llp,
                                           Attorney at Law,
                                   Anchorage, AK, October 19, 1999.
Re Senate Bill 1702: Elim Native Corporation Land Restoration; 
        Expression of Support.

Hon. Frank Murkowski,
Senate Committee on Energy and Natural Resources, Hart Building, 
        Washington, DC.
    Dear Senator Murkowski: On October 13, 1999 the Koyuk 
Native Corporation (KNC) submitted testimony in opposition to 
Section 7 of the proposed Alaska Native Claims Technical 
Amendments Act of 1999. Specifically, KNC was caught off guard 
by the Elim Native Corporation Land Restoration legislation and 
was quite fearful that Elim's land selection would infringe on 
the traditional rights of Koyuk.
    Since that time, KNC has been in contact with the Elim 
Native Corporation and their counsel, and has been able to 
review the proposed legislation and Land Withdrawal Map. Elim 
has communicated that the land selection was purposefully 
crafted so as not to infringe upon the rights of Koyuk or to 
stir controversy.
    Accordingly, KNC by and through their counsel, retracts its 
formal opposition to the Elim Native Corporation Land 
Restoration legislation, and instead substitutes its April 20, 
1994 letter of support to Elim (Enclosed). As always, if there 
are changes to the proposed legislation that may in any way 
affect the rights of Koyuk, KNC expects to be informed of such 
changes through direct and open consultation. Anything less 
will once again jeopardize KNC's support of the Elim land 
restoration efforts.
            Sincerely,
                                              David Avraham Voluck.
                                ------                                

                                  Koyuk Native Corporation,
                                         Koyuk, AK, April 20, 1994.
Abel Saccheus,
President, Elim Native Corporation, Elim, AK.
    Dear Abel: I have received your letter requesting a letter 
of support from the Koyuk Native Corporation.
    Let me reiterate that during the past meetings with Elim 
and with our Board members and Shareholders; we have said we 
would support you getting land elsewhere other than east of 
Elim's boundary.
    During our February 26, 1994 Annual meeting this issue was 
discussed and the Board members and Shareholders are in favor 
of supporting you getting land elsewhere other than east of 
Elim's present boundary. Therefore on behalf of the 
Shareholders and Board of Directors of the Koyuk Native 
Corporation please accept this letter of support for your 
resolution for Elim pursuing letter (A) according to the map 
enclosed, which is north of your present boundary.
    Good luck with much support from the Koyuk Native 
Corporation.
            Sincerely,
                                         Elvina Swanson, President.

                                  
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