[Senate Report 118-177]
[From the U.S. Government Publishing Office]
Calendar No. 393
118th Congress } { Report
SENATE
2d Session } { 118-177
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ALASKA NATIVE VILLAGE MUNICIPAL LANDS
RESTORATION ACT
_______
May 16, 2024.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 2615]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2615) to amend the Alaska Native Claims
Settlement Act to provide that Village Corporations shall not
be required to convey land in trust to the State of Alaska for
the establishment of Municipal Corporations, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose
The purpose of S. 2615 is to amend the Alaska Native Claims
Settlement Act to provide that Village Corporations shall not
be required to convey land in trust to the State of Alaska for
the establishment of Municipal Corporations.
Background and Need
In 1971, Congress enacted the Alaska Native Claims
Settlement Act (ANCSA; Public Law 92-203) to settle the
aboriginal claims of Alaska Natives. Under ANCSA, Alaska
Natives received title to a total of 44 million acres to be
divided among the 220 Native village corporations, four urban
corporations, and 12 regional corporations established by the
Act.
Section 14(c)(3) of ANCSA (43 U.S.C. 1613(c)(3)) provides
that an Alaska Native Village Corporation receiving land under
ANCSA shall ``convey to any Municipal Corporation in the Native
village or to the State in trust for any Municipal Corporation
established in the Native village in the future, title to the
remaining surface estate of the improved land on which the
Native village is located and as much additional land as is
necessary for community expansion, and appropriate rights-of-
way for public use, and other foreseeable community needs . .
.''
Since the passage of ANCSA in 1971, 101 village
corporations have had lands held in trust by the State. Since
then, only eight of those villages have incorporated into a
municipality, and none since 1995. Additionally, there have
been ten villages that have reached agreements with the State
to have the lands conveyed out of trust without forming
municipalities. This leaves 83 communities, representing
approximately 11,500 acres that are held in trust by the State.
S. 2615 would sunset the requirement for the establishment of a
Municipal Corporation prior to the conveyance of land from the
State trust to the Village Corporations.
Legislative History
S. 2615 was introduced by Senators Murkowski and Sullivan
on July 27, 2023. The Subcommittee on Public Lands, Forests,
and Mining held a hearing on S. 2615 on October 25, 2023.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on December 14, 2023, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2615.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title of the bill, the
``Alaska Native Village Municipal Lands Restoration Act of
2023.''
Section 2. Reversion of certain land conveyed in trust to the State
of Alaska
Section 2 amends section 14(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1631(c)) to authorize any Alaska
Native Village Corporation that has not established a Municipal
Corporation, and also has lands currently held in trust by the
State of Alaska, to request those lands be reconveyed to the
Village Corporation. The amendment also revokes any future
requirement for Village Corporations to convey additional State
trust lands for the establishment of a Municipal Corporation.
Cost and Budgetary Considerations
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 2615
as ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2615. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 2615, as ordered reported.
Congressionally Directed Spending
S. 2615, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Bureau of Land Management
from the Subcommittee on Public Lands, Forests, and Mining
October 25, 2023, hearing on S. 2615 follows:
Statement of Nada Wolff Culver, Principal Deputy Director, Bureau of
Land Management, U.S. Department of the Interior
* * * * * * *
s. 2615, alaska native village municipal lands
restoration act
S. 2615 would amend the Alaska Native Claims Settlement Act
(ANCSA, P.L. 92-203) to retire the requirement for village
corporations of unincorporated communities to reconvey lands to
the State in trust for a future city, for municipal purposes.
In addition, S. 2615 would allow village corporations to regain
title to the lands held in trust with the State by dissolving
the trust through formal resolution by the village corporation
and the residents of the Native village.
analysis
ANCSA provided the framework to settle aboriginal land
claims in Alaska and entitled Alaska Native Corporations
through payment of approximately $970 million and conveyance of
about 46 million acres of land. The lands are conveyed to
state-chartered Native corporations and are not held in trust.
ANCSA further established the village corporations' right to
lands in and around their villages through Sections 14(a) and
(b). Section 14(c) requires village corporations to reconvey
lands to individuals and certain entities as specifically
outlined in subsections (1) through (4). Section 14(c)(3)
addresses the lands needed by cities for present and future
public land uses and requires all Native village corporations
receiving land under Sections 14(a) and (b) to convey lands to
the existing municipality. If no municipality exists, then the
lands are conveyed to the State in trust for a future
municipality. The lands conveyed to the State in trust are
called municipal trust lands.
There are currently 96 village corporations that have not
yet completed their ANCSA 14(c) reconveyance obligations. The
BLM understands that many of the remaining communities under
the State Municipal Land Trust program do not intend to
incorporate. Many of these communities have not completed their
reconveyance obligations under 14(c) due to concerns related to
their 14(c)(3) lands being held in trust by the State. Failure
to complete the entire 14(c) process, not just 14(c)(3), clouds
the title of those village corporation lands and leaves
community members, both shareholder and non-shareholder, Native
and non-Native, without a process that addresses the potential
rights to lands recognized by Congress in Section 14(c). The
BLM is also left with the lingering obligation to survey lands
eventually selected for reconveyance under 14(c).
S. 2615 sunsets the requirement for Village Corporations to
convey lands to the State in trust for a future municipality.
The BLM supports retiring this conveyance requirement as it
could provide an additional pathway for Village Corporations to
clear the title of their lands. Further, the BLM interprets S.
2615 to allow village corporations to convey land to the State
in trust if they so choose but would no longer require them to
do so. The BLM appreciates leaving this tool in place for the
use of village corporations who may elect to convey lands for
future municipal development.
S. 2615 also provides village corporations with the ability
to regain title to lands conveyed to the State in trust for a
future municipality that has not been established as of the
date of enactment. The BLM recognizes that the State currently
holds approximately 11,500 acres in trust for 83 communities,
which could be returned to the village corporations under this
bill. The BLM supports returning the title of these lands to
village corporations upon ``formal resolution by the Village
corporation and the residents of the Native village'' as
required by the bill, provided there are protections put in
place for village residents who are not shareholders of the
Village Corporation, so that they may also enjoy the benefits
of community infrastructure.
The BLM emphasizes that Section 14(c)(3) of ANCSA is only
one step towards completing Section 14(c) obligations. Section
14(c)(1) and Section 14(c)(2) establish additional reconveyance
requirements that must be completed prior to 14(c)(3)
considerations. Further, there is no legally established
timeline for the corporations to either initiate or complete
these obligations, and the claims become more difficult to
adjudicate over time as the population ages. The BLM would
welcome the opportunity to work with the Committee and the
Sponsor to address additional barriers to completing Section
14(c) obligations, such as an established timeframe for a
village corporation to complete its entire 14(c) obligation,
lack of training in the ANCSA 14(c) process, and lack of
mapping expertise within many village corporations.
The BLM supports the goals of S. 2615 and looks forward to
working with the Sponsor on various modifications. With these
changes, the bill would provide Alaska Native village
corporations another avenue to complete one aspect of their
14(c) obligation and further the process to clear the title to
lands conveyed to village corporations.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2615, as ordered 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
Public Law 92-203
AN ACT To provide for the settlement of certain land claims of
Alaska Natives, and for other purposes.
* * * * * * *
CONVEYANCE OF LANDS
Sec. 14. (a) Immediately after selection by a Village
Corporation for a Native village listed in section 11 which the
Secretary finds is qualified for land benefits under this Act,
the Secretary shall issue to the Village Corporation a patent
to the surface estate in the number of acres shown in the
following table:
If the village had on the 1970 census enumeration date a Native
population bIt shall be entitled to a patent to an area of
public lands equal to--
25 and 99............................................... 69,120 acres.
100 and 199............................................. 92,160 acres.
200 and 399............................................. 115,200 acres.
400 and 599............................................. 138,240 acres.
600 or more............................................. 161,280 acres.
The lands patented shall be those selected by the Village
Corporation pursuant to subsection 12(a). In addition, the
Secretary shall issue to the Village Corporation a patent to
the surface estate in the lands selected pursuant to subsection
12(b).
(b) Immediately after selection by any Village Corporation
for a Native village listed in section 16 which the Secretary
finds is qualified for land benefits under this Act, the
Secretary shall issue to the Village Corporation a patent to
the surface estate to 23,040 acres. The lands patented shall be
the lands within the township or townships that enclose the
Native village, and any additional lands selected by the
Village Corporation from the surrounding townships withdrawn
for the Native village by subsection 16(a).
[(c) Each patent] (c) Conveyance of Certain Land by Village
Corporation.--
(1) In general.--Each patent issued pursuant to
subsections (a) and (b) shall be subject to the
requirements of this subsection. Upon receipt of a
patent or patents:
[(1)] (A)[the] The Village Corporation shall
first convey to any Native or non-Native
occupant, without consideration, title to the
surface estate in the tract occupied as of
December 18, 1971 (except that occupancy of
tracts located in the Pribilof Islands shall be
determined as of the date of initial conveyance
of such tracts to the appropriate Village
Corporation) as a primary place of residence,
or as a primary place of business, or as a
subsistence campsite, or as headquarters for
reindeer husbandry[;].
[(2)] (B)[the] The Village Corporation shall
then convey to the occupant, either without
consideration or upon payment of an amount not
in excess of fair market value, determined as
of the date of initial occupancy and without
regard to any improvements thereon, title to
the surface estate in any tract occupied as of
December 18, 1971 by a nonprofit
organization[;].
[(3)](C)[(C) the Village Corporation] (C)
Conveyance to municipal corporation or the
state in trust.--
(i) In general.--The Village
Corporation shall then convey to any
Municipal Corporation in the Native
village or to the State in trust for
any Municipal Corporation established
in the Native village in the future,
title to the remaining surface estate
of the improved land on which the
Native village is located and as much
additional land as is necessary for
community expansion, and appropriate
rights-of-way for public use, and other
foreseeable [community needs: Provided,
That the] community needs.
(ii) Minimum acreage._The amount of
lands to be transferred to the
Municipal Corporation or in trust shall
be no less than 1,280 acres unless the
Village Corporation and the Municipal
Corporation or the State in trust can
agree in writing on an amount which is
less than [one thousand two hundred and
eighty acres: Provided further, That
any net] 1,280 acres.
(iii) Net Revenues.--
(I) In general.--Any net
revenues derived from the sale
of surface resources harvested
or extracted from lands
reconveyed pursuant to this
subsection shall be paid to the
Village Corporation by the
Municipal Corporation or the
State [in trust: Provided,
however, That the word
``sale'', as used in the
preceding sentence,] in trust.
(II) Definition of sale.--For
purposes of subclause (I), the
term ``sale'' shall not include
the utilization of surface
resources for governmental
purposes by the Municipal
Corporation or the State in
trust, nor shall it include the
issuance of free use permits or
other authorization for such
purposes[;].
(iv) Cases in which conveyance shall
not be required.--
(I) In general.--
Notwithstanding any other
provision of this subparagraph,
if a Village Corporation, prior
to the date of enactment of the
Alaska Native Village Municipal
Lands Restoration Act of 2023,
conveyed to the State in trust
all or a portion of the acreage
of land required to be conveyed
under this subparagraph for the
establishment of a Municipal
Corporation in the future, and
a Municipal Corporation has not
been established as of that
date of enactment, on formal
resolution by the Village
Corporation and the residents
of the Native village
requesting dissolution of the
trust, the trust shall be
dissolved and title to the land
shall revert to the Village
Corporation, subject to
subclause (III).
(II) Additional land.--
Notwithstanding any other
provision of this subparagraph,
as of the date of enactment of
the Alaska Native Village
Municipal Lands Restoration Act
of 2023, a Village Corporation
shall not be required to convey
any additional land in trust
under this subparagraph for the
establishment of a Municipal
Corporation in the future.
(III) Requirements.--In
accordance with subsection
(g)--
(aa) the reversion of
land to a Village
Corporation pursuant to
subclause (I) shall be
subject to--
(AA) valid
existing rights
created by the
applicable
trust; and
(BB) any
existing
easements,
rights-of-way
necessary for
public roadway
access, or
rights-of-way
for access of
holders of
valid existing
rights; and
(bb) the Village
Corporation shall
assume the obligations
of the applicable trust
with respect to any
lease or other use
agreement applicable to
the land on reversion
of the land to the
Village Corporation
pursuant to subclause
(I).
[(4)] (D) [the] The Village Corporation shall convey
to the Federal Government, State, or to the appropriate
Municipal Corporation, title to the surface estate for
airport sites, airway beacons, and other navigation
aids as such existed on December 18, 1971, together
with such additional acreage and/or easements as are
necessary to provide related governmental services and
to insure safe approaches to airport runways as such
airport sites, runways, and other facilities [existed
as of December 18, 1971.] existed as of December 18,
1971.
[(5)] (E) [for] For a period of ten years after the
date of enactment of this Act, the Regional Corporation
shall be afforded the opportunity to review and render
advice to the Village Corporations on all land sales,
leases or other transactions prior to any final
commitment.
[There is authorized] (2) Technical Assistance.--
(A) In general.--There are authorized to be
appropriated such sums as may be necessary for
the purpose of providing technical assistance
to Village Corporations established pursuant to
this Act in order that they may fulfill the
reconveyance requirements of [section 14(c) of
this Act] this subsection. [The Secretary]
(B) Form of funding.--The Secretary may make
funds available as grants to ANCSA or nonprofit
corporations that maintain in-house land
planning and management capabilities.
* * * * * * *
[all]