    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 1358]]

    Public Law 108-129
    108th Congress

    An Act

    To authorize the exchange of lands between an Alaska Native Village
    Corporation and the Department of the Interior, and for other
    purposes. [NOTE: Nov. 17, 2003 -  [S. 924]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [NOTE: 16 USC 668dd
    note.] assembled,

    SECTION 1. DEFINITIONS.

    For the purposes of this Act, the term--
    (1) ``ANCSA'' means the Alaska Native Claims Settlement Act
    (43 U.S.C. 1601 et seq.);
    (2) ``ANILCA'' means the Alaska National Interest Lands
    Conservation Act (16 U.S.C. 3101 et seq.);
    (3) ``Calista'' means the Calista Corporation, an Alaska
    Native Regional Corporation established pursuant to ANCSA;
    (4) ``Identified Lands'' means approximately 10,943 acres of
    lands (including surface and subsurface estates) designated as
    ``Proposed Village Site'' on a map entitled ``Proposed Newtok
    Exchange,'' dated September, 2002, and available for inspection
    in the Anchorage office of the United States Fish and Wildlife
    Service;
    (5) ``limited warranty deed'' means a warranty deed which
    is, with respect to its warranties, limited to that portion of
    the chain of title from the moment of conveyance from the United
    States to Newtok to and including the moment at which such title
    is validly reconveyed to the United States;
    (6) ``Newtok'' means the Newtok Native Corporation, an
    Alaska Native Village Corporation established pursuant to ANCSA;
    (7) ``Newtok lands'' means approximately 12,101 acres of
    surface estate comprising conveyed lands and selected lands
    identified as Aknerkochik on the map referred to in paragraph
    (4) and that surface estate selected by Newtok on Baird Inlet
    Island as shown on the map; and
    (8) ``Secretary'' means the Secretary of the Interior.

    SEC. 2. LANDS TO BE EXCHANGED.

    (a) Lands Exchanged to the United States.--If, within 180 days after
    the date of enactment of this Act, Newtok expresses to the Secretary in
    writing its intent to enter into a land exchange with the United States,
    the Secretary shall accept from Newtok a valid, unencumbered conveyance,
    by limited warranty deed, of the Newtok lands previously conveyed to
    Newtok. The Secretary shall also accept from Newtok a relinquishment of
    irrevocable prioritized selections for approximately 4,956 acres for
    those validly selected lands not yet conveyed to Newtok.

    [[Page 1359]]
    117 STAT. 1359

    (b) Lands Exchanged to Newtok.--In exchange for the Newtok lands
    conveyed and selections relinquished under subsection (a), the Secretary
    shall, subject to valid existing rights and notwithstanding section
    14(f) of ANCSA, convey to Newtok the surface and subsurface estates of
    the Identified Lands. The conveyance shall be by interim conveyance.
    Subsequent to the interim conveyance, the Secretary shall survey
    Identified Lands at no cost to Newtok and issue a patent to the
    Identified Lands subject to the provisions of ANCSA and this Act.

    SEC. 3. CONVEYANCE.

    (a) Timing.--The Secretary shall issue interim conveyances pursuant
    to subsection 2(b) at the earliest possible time after acceptance of the
    Newtok conveyance and relinquishment of selections under subsection
    2(a).
    (b) Relationship to ANCSA.--Lands conveyed to Newtok under this Act
    shall be treated as having been conveyed under the provisions of ANCSA,
    except that the provisions of 14(c) and 22g of ANCSA shall not apply to
    these lands. Consistent with section 103(c) of ANILCA, these lands shall
    not be included as a portion of the Yukon Delta National Wildlife Refuge
    and shall not be subject to regulations applicable solely to public
    lands within this Conservation System Unit.
    (c) Effect on Entitlement.--Except as otherwise provided, nothing in
    this Act shall be construed to change the total acreage of land to which
    Newtok is entitled under ANCSA.
    (d) Effect on Newtok Lands.--The Newtok Lands shall be included in
    the Yukon Delta National Wildlife Refuge as of the date of acceptance of
    the conveyance of those lands from Newtok, except that residents of the
    Village of Newtok, Alaska, shall retain access rights to subsistence
    resources on those Newtok lands as guaranteed under section 811 of
    ANILCA (16 U.S.C. 3121), and to subsistence uses, such as traditional
    subsistence fishing, hunting and gathering, consistent with section 803
    of ANILCA (16 U.S.C. 3113).
    (e) Adjustment to Calista Corporation ANCSA Entitlement for
    Relinquished Newtok Selections.--To the extent that Calista subsurface
    rights are affected by this Act, Calista shall be entitled to an
    equivalent acreage of in lieu subsurface entitlement for the Newtok
    selections relinquished in the exchange as set forth in subsection 2(a)
    of this Act. This equivalent entitlement shall come from subsurface
    lands already selected by Calista, but which have not been conveyed. If
    Calista does not have sufficient subsurface selections to accommodate
    this additional entitlement, Calista Corporation is hereby authorized to
    make an additional in lieu selection for the deficient acreage from
    lands within the region but outside any conservation system unit.

    [[Page 1360]]
    117 STAT. 1360

    (f) Adjustment to Exchange.--If requested by Newtok, the Secretary
    may consider and make adjustments to the exchange to meet the purposes
    of this Act, subject to all the same terms and conditions of this Act.

    Approved November 17, 2003.

    LEGISLATIVE HISTORY--S. 924:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-345 (Comm. on Resources).
    SENATE REPORTS: No. 108-97 (Comm. on Energy and Natural Resources).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    July 17, considered and passed Senate.
    Nov. 4, considered and passed House.