[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3612 Reported in House (RH)]
Union Calendar No. 451
103d CONGRESS
2d Session
H. R. 3612
[Report No. 103-805]
_______________________________________________________________________
A BILL
To amend the Alaska Native Claims Settlement Act, and for other
purposes.
_______________________________________________________________________
October 3, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 451
103d CONGRESS
2d Session
H. R. 3612
[Report No. 103-805]
To amend the Alaska Native Claims Settlement Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 1993
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Natural Resources
October 3, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
November 21, 1993]
_______________________________________________________________________
A BILL
To amend the Alaska Native Claims Settlement Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE
ASSOCIATIONS CONVEYANCES.
The conveyance of approximately 11,520 acres to Montana Creek
Native Association, Inc., and the conveyance of approximately 11,520
acres to Caswell Native Association, Inc., by Cook Inlet Region, Inc.
in fulfillment of the agreement of February 3, 1976, and subsequent
letter agreement of March 26, 1982, among the three parties are hereby
adopted and ratified as a matter of Federal law. These conveyances
shall be deemed to be conveyances pursuant to section 14(h)(2) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group
corporations for Montana Creek and Caswell are hereby declared to have
received their full entitlement and shall not be entitled to the
receipt of any additional lands under the Alaska Native Claims
Settlement Act. The ratification of these conveyances shall not have
any other effect upon section 14(h) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)) or upon the duties and obligations
of the United States to any Alaska Native Corporation. This
ratification shall not be the basis for any claim to land or money by
Caswell or Montana Creek group corporations or any other Alaska Native
corporation against the State of Alaska, the United States, or Cook
Inlet Region, Incorporated.
SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALASKA REGIONAL
CORPORATION.
Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1621(c)) is amended by adding at the end the following:
``(3) This section shall apply to lands conveyed by interim
conveyance or patent to a regional corporation pursuant to this Act
which are made subject to a mining claim or claims located under the
general mining laws, including lands conveyed prior to enactment of
this paragraph. Effective upon the date of the enactment of this
paragraph, the Secretary, acting through the Bureau of Land Management
and in a manner consistent with section 14(g) of this Act, shall
transfer to the regional corporation administration of all mining
claims determined to be entirely within lands conveyed to that
corporation. Any person holding such mining claim or claims shall meet
such requirements of the general mining laws and section 314 of the
Federal Land Management and Policy Act of 1976 (43 U.S.C. 1744), except
that any filings which would have been made with the Bureau of Land
Management if the lands were within Federal ownership shall be timely
made to the appropriate regional corporation. The validity of any such
mining claim or claims may be contested by the regional corporation, in
the place of the United States. All contest proceedings and appeals by
the mining claimants of adverse decisions made by the regional
corporation shall be brought in Federal District Court for the District
of Alaska. Neither the United States nor any Federal agency or official
shall be named or joined as a party in such proceedings or appeals. All
revenues from such mining claims received after passage of this
paragraph shall be remitted to the regional corporation subject to
distribution pursuant to section 7(i) of this Act, except that in the
event that the mining claim or claims are not totally within the lands
conveyed to the regional corporation, the regional corporation shall be
entitled only to that proportion of revenues, other than administrative
feeds, reasonably allocated to the portion of the mining claim or
claims so conveyed.''.
SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE
CONTAMINATION OF TRANSFERRED LANDS.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``claims arising from contamination of transferred lands
``Sec. 40. (a) As used in this section:
``(1) The term `contaminant' means substances harmful to
public health or the environment, including asbestos.
``(2) The term `lands' means real property transferred to a
Native Corporation pursuant to this Act.
``(b) Within 18 months of enactment of this section, and after
consultation with the Secretary of Agriculture, State of Alaska, and
appropriate Alaska Native corporations and organizations, the Secretary
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, a report addressing issues presented by the presence of
hazardous substances on lands conveyed or prioritized for conveyance to
such corporations pursuant to this Act. Such report shall consist of--
``(1) existing information concerning the nature and types
of contaminants present on such lands prior to conveyance to
Alaska Native corporations;
``(2) existing information identifying the existence and
availability of potentially responsible parties for the removal
or amelioration of the effects of such contaminants;
``(3) identification of existing remedies; and
``(4) recommendations for any additional legislation that
the Secretary concludes is necessary to remedy the problem of
contaminants on such lands.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF
IMPLEMENTING REQUIRED RECONVEYANCES.
Section 14(c) of Alaska Native Claims Settlement Act (43 U.S.C.
1613(c)) is amended by adding at the end the following: ``There is
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. The Secretary
may make funds available as grants to ANCSA or nonprofit corporations
that maintain in-house land planning and management capabilities.''.
SEC. 5. NATIVE ALLOTMENTS.
Section 1431(o) of the Alaska National Interest Lands Conservation
Act (94 Stat. 2542) is amended by adding at the end the following:
``(5) Following the exercise by Arctic Slope Regional Corporation
of its option under paragraph (1) to acquire the subsurface estate
beneath lands within the National Petroleum Reserve--Alaska selected by
Kuukpik Corporation, where such subsurface estate entirely surrounds
lands subject to a Native allotment application approved under section
905 of this Act, and the oil and gas in such lands have been reserved
to the United States, Arctic Slope Regional Corporation, at its further
option, shall be entitled to receive a conveyance of the reserved oil
and gas, including all rights and privileges therein reserved to the
United States, in such lands. Upon the receipt of a conveyance of such
oil and gas interests, the entitlement of Arctic Slope Regional
Corporation to in-lieu subsurface lands under section 12(a)(1) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)(1)) shall be
reduced by the amount of acreage determined by the Secretary to be
conveyed to Arctic Slope Regional Corporation pursuant to this
paragraph.''.
SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKAN
VETERANS FOR ALLOTMENTS.
No later than six months after the date of enactment of this Act,
the Secretary of the Interior, in consultation with the Secretary of
Agriculture, the State of Alaska and appropriate Native corporations
and organizations, shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate, a report which shall include, but not be
limited to, the following:
(1) The number of Vietnam era veterans, as defined in
section 101 of title 38, United States Code, who were eligible
for but did not receive an allotment of not to exceed 160 acres
under the Act of May 17, 1906 (Chapter 2469; 34 Stat. 197), as
such Act was in effect before December 18, 1971.
(2) An assessment of the potential impacts of additional
allotments on conservation system units as such term is defined
in section 102(4) of the Alaska National Interest Lands
Conservation Act (94 Stat. 2375).
(3) Recommendations for any additional legislation that the
Secretary concludes is necessary.
SEC. 7. TRANSFER OF WRANGELL INSTITUTE.
(a) Property Transfer.--Cook Inlet Region, Incorporated, is
authorized to transfer to the United States and the General Services
Administration shall accept an approximately 10-acre site of the
Wrangell Institute in Wrangell, Alaska, and the structures contained
thereon.
(b) Restoration of Property Credits.--
(1) In general.--In exchange for the land and structures
transferred under subsection (a), property bidding credits in
the total amount of $382,305, shall be restored to the Cook
Inlet Region, Incorporated, property account in the Treasury
established under section 12(b) of the Act of January 2, 1976
(Public Law 94-204; 43 U.S.C. 1611 note), referred to in such
section as the ``Cook Inlet Region, Incorporated, property
account''. Such property bidding credits shall be used in the
same fiscal year as received by Cook Inlet Region,
Incorporated.
(2) Hold harmless.--The United States shall defend and hold
harmless Cook Inlet Region, Incorporated, and its subsidiaries
in any and all claims arising from Federal or Cook Inlet
Region, Incorporated, ownership of the land and structures
prior to their return to the United States.
SEC. 8. SHISHMAREF AIRPORT AMENDMENT.
The Shishmaref Airport, conveyed to the State of Alaska on January
5, 1967, in Patent No. 1240529, is subject to reversion to the United
States, pursuant to the terms of that patent for nonuse as an airport.
The Secretary is authorized to reacquire the interests originally
conveyed pursuant to Patent No. 1240529, and, notwithstanding any other
provision of law, the Secretary shall immediately thereafter transfer
all right, title, and interest of the United States in the subject
lands to the Shismaref Native Corporation. Nothing in this section
shall relieve the State, the United States, or any other potentially
responsible party of liability, if any, under existing law for the
clean up of hazardous or solid wastes on the property, nor shall the
United States or Shismaref Native Corporation become liable for the
clean up of the property solely by virtue of acquiring title from the
State or from the United States.