[105th Congress Public Law 333]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ333.105]
[[Page 112 STAT. 3129]]
Public Law 105-333
105th Congress
An Act
To amend the Alaska Native Claims Settlement Act to make certain
clarifications to the land bank protection provisions, <<NOTE: Oct. 31,
1998 - [H.R. 2000]>> and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: ANCSA Land Bank Protection
Act of 1998.>> assembled,
SECTION 1. AUTOMATIC LAND BANK PROTECTION.
(a) Lands Received in Exchange From Certain Federal Agencies.--The
matter preceding clause (i) of section 907(d)(1)(A) of the Alaska
National Interest Lands Conservation Act (43 U.S.C. 1636(d)(1)(A)) is
amended by inserting ``or conveyed to a Native Corporation pursuant to
an exchange authorized by section 22(f ) of the Alaska Native Claims
Settlement Act or section 1302(h) of this Act or other applicable law''
after ``Settlement Trust''.
(b) Lands Exchanged Among Native Corporations.--Section 907(d)(2)(B)
of such Act (43 U.S.C. 1636(d)(2)(B)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) lands or interest in lands shall not be considered
developed or leased or sold to a third party as a result of an
exchange or conveyance of such land or interest in land between
or among Native Corporations and trusts, partnerships,
corporations, or joint ventures, whose beneficiaries, partners,
shareholders, or joint venturers are Native Corporations.''.
(c) Actions by Trustee Serving Pursuant to Agreement of Native
Corporations.--Section 907(d)(3)(B) of such Act (43 U.S.C.
1636(d)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) to actions by any trustee whose right, title, or
interest in land or interests in land arises pursuant to an
agreement between or among Native Corporations and trusts,
partnerships, or joint ventures whose beneficiaries, partners,
shareholders, or joint venturers are Native Corporations.''.
SEC. 2. DEVELOPMENT BY THIRD-PARTY TRESPASSERS.
Section 907(d)(2)(A)(i) of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1636(d)(2)(A)(i)) is amended--
(1) by inserting ``Any such modification shall be performed
by the Native individual or Native Corporation.'' after
``substantial modification.'';
[[Page 112 STAT. 3130]]
(2) by inserting a period after ``developed state'' the
second place it appears; and
(3) by adding ``Any lands previously developed by third-
party trespassers shall not be considered to have been
developed.''.
SEC. 3. RETAINED MINERAL ESTATE.
(a) In General.--Section 12(c)(4) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611(c)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (E) and (F), respectively, and by inserting after
subparagraph (B) the following new subparagraphs:
``(C) Where such public lands are surrounded by or
contiguous to subsurface lands obtained by a Regional
Corporation under subsections (a) or (b), the Corporation may,
upon request, have such public land conveyed to it.
``(D)(i) A Regional Corporation which elects to obtain
public lands under subparagraph (C) shall be limited to a total
of not more than 12,000 acres. Selection by a Regional
Corporation of in lieu surface acres under subparagraph (E)
pursuant to an election under subparagraph (C) shall not be made
from any lands within a conservation system unit (as that term
is defined by section 102(4) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3102(4)).
``(ii) An election to obtain the public lands described in
subparagraph (A), (B), or (C) shall include all available
parcels within the township in which the public lands are
located.
``(iii) For purposes of this subparagraph and subparagraph
(C), the term `Regional Corporation' shall refer only to Doyon,
Limited.''; and
(2) in subparagraph (E) (as so redesignated), by striking
``(A) or (B)'' and inserting ``(A), (B), or (C)''.
(b) Failure to Appeal Not Prohibitive.--Section 12(c) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1611(c)) is amended by adding at
the end the following:
``(5) Subparagraphs (A), (B), and (C) of paragraph (4) shall
apply, notwithstanding the failure of the Regional Corporation
to have appealed the rejection of a selection during the
conveyance of the relevant surface estate.''.
SEC. 4. AMENDMENT TO PUBLIC LAW 102-415.
Section 20 of the Alaska Land Status Technical Corrections Act of
1992 (106 Stat. 2129), is amended by adding at the end the following new
subsection:
``(h) Establishment of the account under subsection (b) and
conveyance of land under subsection (c), if any, shall be treated as
though 3,520 acres of land had been conveyed to Gold Creek under section
14(h)(2) of the Alaska Native Claims Settlement Act for which rights to
subsurface estate are hereby provided to
CIRI. <<NOTE: Deadline.>> Within 1 year from the date of the enactment
of this subsection, CIRI shall select 3,520 acres of subsurface estate
in land from the area designated for selection by paragraph I.B.(2)(b)
of the document identified in section 12(b) (referring to the Talkeetna
Mountains) of the Act of January 2, 1976 (43 U.S.C. 1611 note). Not more
than five selections shall be made under this subsection, each of which
shall be reasonably compact and in whole sections, except when separated
by unavailable land or when the remaining entitlement is less than a
whole section.''.
[[Page 112 STAT. 3131]]
SEC. 5. CLARIFICATION ON TREATMENT OF BONDS FROM A NATIVE CORPORATION.
Section 29(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1626(c)) is amended--
(1) in paragraph (3)(A), by inserting ``and on bonds
received from a Native Corporation'' after ``from a Native
Corporation''; and
(2) in paragraph (3)(B), by inserting ``or bonds issued by a
Native Corporation which bonds shall be subject to the
protection of section 7(h) until voluntarily and expressly sold
or pledged by the shareholder subsequent to the date of
distribution'' before the semicolon.
SEC. 6. CALISTA NATIVE CORPORATION LAND EXCHANGE.
(a) Congressional Findings.--Congress finds and declares that--
(1) the land exchange authorized by section 8126 of Public
Law 102-172 should be implemented without further delay;
(2) the Calista Corporation, the Native Regional Corporation
organized under the authority of the Alaska Native Claims
Settlement Act for the Yupik Eskimos of Southwestern Alaska,
which includes the majority of the Yukon Delta National Wildlife
Refuge--
(A) has responsibilities provided for by the Alaska
Native Claims Settlement Act to help address social,
cultural, economic, health, subsistence, and related
issues within the region and among its villages,
including the viability of the villages themselves, many
of which are remote and isolated; and
(B) has been unable to fully carry out such
responsibilities;
(3) the implementation of the exchange referenced in this
subsection is essential to helping Calista utilize its assets to
carry out those responsibilities and to realize the benefits of
the Alaska Native Claims Settlement Act;
(4) the parties to the exchange have been unable to reach
agreement on the valuation of the lands and interests in lands
to be conveyed to the United States under section 8126 of Public
Law 102-172; and
(5) in light of the foregoing, it is appropriate and
necessary in this unique situation that Congress authorize and
direct the implementation of this exchange as set forth in this
section in furtherance of the purposes and underlying goals of
the Alaska Native Claims Settlement Act and the Alaska National
Interest Lands Conservation Act.
(b) Land Exchange Implementation.--Section 8126 of Public Law 102-
172 (105 Stat. 1206) is amended to read as follows:
``Sec. 8126. <<NOTE: Calista Corporation.>> (a)(1) In exchange for
lands, partial estates, and land selection rights identified in the
document entitled `The Calista Conveyance and Relinquishment Document',
dated October 28, 1991, as amended September 22, 1998 (hereinafter
referred to as `CCRD'), the United States will establish a property
account for the Calista Corporation, a corporation organized under the
laws of the State of Alaska, in the amount identified in the CCRD, and
in accordance with the provisions of this Act.
[[Page 112 STAT. 3132]]
``(2) The CCRD contains the land descriptions of the lands and
interests in lands to be conveyed, the selections to be relinquished,
the charges to entitlement, the quantity and class of entitlement to be
transferred to the United States, the terms of the Kuskokwim Corporation
Conservation Easement, and the amount that is authorized for the
property account.
``(3) The covenants, terms, and conditions to be used in any
transfers to the United States described in the CCRD shall be binding on
the United States and the participating Native corporations and shall be
a matter of Federal law.
``(b)(1) The aggregate values of such lands and interests in lands,
together with compensation for the considerations set forth in
congressional findings concerning the Calista Region and its villages,
shall be the sum provided in section IX of the CCRD. The amounts
credited to the property account described in this subsection shall not
be subject to adjustment for minor changes in acreage resulting from
preparation or correction of the land descriptions in the CCRD or the
exclusion of any small tracts of land as a result of hazardous material
surveys. The Secretary of the Interior shall maintain an accounting of
the lands and interests in lands remaining to be conveyed or
relinquished by Calista Corporation and the participating village
corporations pursuant to this section. The Secretary of the Treasury on
October 1, 1998, shall establish a property account on behalf of Calista
Corporation.
``(2) The account shall be credited and available for use as
provided in paragraph (4), according to the following schedule of
percentages of the amount in section IX of the CCRD:
``(A) On October 1, 1999, and on October 1 of each year
thereafter through October 1, 2005, the amount equal to 12.69
percent.
``(B) On October 1, 2007, the amount equal to 11.17 percent.
``(3)(A) Unless otherwise authorized by law, the aggregate amount of
all credits to the account, pursuant to the schedule set forth in
paragraph (2), shall be equal to the amount in section IX of the CCRD.
``(B) All amounts credited to the account shall be from amounts in
the Treasury not otherwise appropriated and shall be available for
expenditure without further appropriation and without fiscal year
limitation.
``(4) The property account may not be used until all conveyances,
relinquishments of selections, and adjustments to entitlements described
in the CCRD have been made to and accepted by the United
States. <<NOTE: Notification.>> The Secretary of the Interior shall
notify the Secretary of the Treasury when all requirements of the
preceding sentence have been met. Immediately thereafter the Secretary
of the Treasury shall comply with his duties under this paragraph
including the computations of the amount in the account, the amount that
may be expended in any particular Federal fiscal year, and the balance
of the account after any transaction. The property account may be used
in the same manner as any other property account held by any other
Alaska Native Corporation.
``(5) Notwithstanding any other provision of law, Calista
Corporation on its own behalf or on behalf of the village corporations
identified in the CCRD, may assign any or all of the account upon
written notification to the Secretary of the Treasury and the Secretary
of the Interior.
[[Page 112 STAT. 3133]]
``(6) <<NOTE: Notification.>> The Secretary of the Treasury shall
notify the Secretary of the Interior and Calista whenever there is a
reduction in the property account, the purpose for such reduction and
the remaining balance in the account. The Alaska State Office of the
Bureau of Land Management shall be the official repository of such
notices.
``(7) For the purpose of the determination of the applicability of
section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C.
1606(i)) to revenues generated pursuant to that section, such revenues
shall be calculated in accordance with section IX of the CCRD.
``(8) The United States shall not be liable for the redistribution
of benefits by the Calista Corporation to the participating Alaska
Native village corporations pursuant to this section.
``(9) These transactions are not based on appraised property values
and therefore shall not be used as a precedent for establishing property
values.
``(10) Prior to the issuance of any conveyance documents or
relinquishments and acceptance, the Secretary of the Interior and the
participating Native corporations may, by mutual agreement, modify the
legal descriptions included in the CCRD to correct clerical errors.
``(11) Property located in the State of Alaska that is purchased by
use of the property account shall be considered and treated as
conveyances of land selections under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.).
``(12) The conveyance of lands, partial estates, and land selection
rights and relinquishment or adjustments to entitlement made by the
Alaska Native Corporations pursuant to this section and the use of the
property account in the Treasury shall be treated as the receipt of land
or any interest therein or cash in order to equalize the values of
properties exchanged pursuant to section 22(f ) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1621(f )) as provided in the first
sentence in section 21(c) of that Act (43 U.S.C. 1620(c)).
``(13) With respect to the content of the CCRD, the Secretary of the
Interior, the Calista Regional Corporation, and the participating
village corporations agree upon the lands, interests in lands,
relinquishments and adjustments to entitlement described therein that
may be offered to the United States pursuant to this section. These
parties also agree with the amounts to be made available in the property
account once all conveyances and relinquishments are completed, and the
parties agree with the needs set forth in the congressional findings in
section 6(a) of the ANCSA Land Bank Protection Act of 1998. The parties
do not necessarily agree on the hortatory statements, descriptions, and
attributions of resource values which are included in the CCRD as
drafted by Calista. But such disagreements will not affect the
implementation of this section.
``(14) Descriptions of resource values provided for surface lands
which are not offered in the exchange and will remain privately owned by
village corporations form no part of the consideration for the
exchange.''.
SEC. 7. MINING CLAIMS.
Paragraph (3) of section 22(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1621(c)) is amended--
[[Page 112 STAT. 3134]]
(1) by striking out ``regional corporation'' each place it
appears and inserting in lieu thereof ``Regional Corporation'';
and
(2) <<NOTE: Haida Corporation. Haida Traditional Use
Sites.>> by adding at the end the following: ``The provisions of
this section shall apply to Haida Corporation and the Haida
Traditional Use Sites, which shall be treated as a Regional
Corporation for the purposes of this paragraph, except that any
revenues remitted to Haida Corporation under this section shall
not be subject to distribution pursuant to section 7(i) of this
Act.''.
SEC. 8. SALE, DISPOSITION, OR OTHER USE OF COMMON VARIETIES OF SAND,
GRAVEL, STONE, PUMICE, PEAT, CLAY, OR CINDER RESOURCES.
Subsection (i) of section 7 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1606(i)) is amended--
(1) by striking ``Seventy per centum'' and inserting ``(A)
Except as provided by subparagraph (B), 70 percent''; and
(2) by adding at the end the following:
``(B) In the case of the sale, disposition, or other use of common
varieties of sand, gravel, stone, pumice, peat, clay, or cinder
resources made during a fiscal year ending after the date of enactment
of this subparagraph, the revenues received by a Regional Corporation
shall not be subject to division under subparagraph (A). Nothing in this
subparagraph is intended to or shall be construed to alter the ownership
of such sand, gravel, stone, pumice, peat, clay, or cinder resources.''.
SEC. 9. ALASKA NATIVE ALLOTMENT APPLICATIONS.
Section 905(a) of the Alaska National Interest Lands Conservation
Act (43 U.S.C. 1634(a)) is amended by adding at the end the following:
``(7) <<NOTE: Applicability.>> Paragraph (1) of this subsection and
subsection (d) shall apply, and paragraph (5) of this subsection shall
cease to apply, to an application--
``(A) that is open and pending on the date of enactment of
this paragraph;
``(B) if the lands described in the application are in
Federal ownership other than as a result of reacquisition by the
United States after January 3, 1959; and
``(C) if any protest which is filed by the State of Alaska
pursuant to paragraph (5)(B) with respect to the application is
withdrawn or dismissed either before, on, or after the date of
the enactment of this paragraph.
``(8)(A) Any allotment application which is open and pending and
which is legislatively approved by enactment of paragraph (7) shall,
when allotted, be made subject to any easement, trail, or right-of-way
in existence on the date of the Native allotment applicant's
commencement of use and occupancy.
``(B) The jurisdiction of the Secretary is extended to make any
factual determinations required to carry out this paragraph.''.
SEC. 10. VISITOR SERVICES.
Paragraph (1) of section 1307(b) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3197(b)) is amended--
(1) by striking ``Native Corporation'' and inserting
``Native Corporations''; and
[[Page 112 STAT. 3135]]
(2) by striking ``is most directly affected'' and inserting
``are most directly affected''.
SEC. 11. <<NOTE: Deadline. 16 USC 3198 note.>> LOCAL HIRE REPORT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Interior shall transmit to
Congress a report.
(b) Local Hire.--The report required by subsection (a) shall--
(1) indicate the actions taken in carrying out subsection
(b) of section 1308 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198);
(2) address the recruitment processes that may restrict
employees hired under subsection (a) of such section from
successfully obtaining positions in the competitive service; and
(3) describe the actions of the Secretary of the Interior in
contracting with Alaska Native Corporations to provide services
with respect to public lands in Alaska.
(c) Cooperation.--The Secretary of Agriculture shall cooperate with
the Secretary of the Interior in carrying out this section with respect
to the Forest Service.
SEC. 12. SHAREHOLDER BENEFITS.
Section 7 of the Alaskan Native Claims Settlement Act (43 U.S.C.
1606) is amended by adding at the end the following:
``(r) Benefits for Shareholders or Immediate Families.--The
authority of a Native Corporation to provide benefits to its
shareholders who are Natives or descendants of Natives or to its
shareholders' immediate family members who are Natives or descendants of
Natives to promote the health, education, or welfare of such
shareholders or family members is expressly authorized and confirmed.
Eligibility for such benefits need not be based on share ownership in
the Native Corporation and such benefits may be provided on a basis
other than pro rata based on share ownership.''.
SEC. 13. SHAREHOLDER HOMESITE PROGRAM.
Section 39(b)(1)(B) of the Alaskan Native Claims Settlement Act (43
U.S.C. 1629e(b)(1)(B)) is amended by inserting after ``settlor
corporation'' the following: ``or the land is conveyed for a homesite by
the Trust to a beneficiary of the Trust who is also a legal resident
under Alaska law of the Native village of the settlor corporation and
the conveyance does not exceed 1.5 acres''.
[[Page 112 STAT. 3136]]
SEC. 14. <<NOTE: 43 USC 1601 note.>> SHORT TITLE.
This Act may be cited as the ``ANCSA Land Bank Protection Act of
1998''.
Approved October 31, 1998.
LEGISLATIVE HISTORY--H.R. 2000:
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HOUSE REPORTS: No. 105-677 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Sept. 23, considered and passed House.
Oct. 7, considered and passed Senate.
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