[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.

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