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Calendar No. 488
106th CONGRESS
2d Session
H. R. 3090
[Report No. 106-258]
_______________________________________________________________________
A BILL
To amend the Alaska Native Claims Settlement Act to restore certain
lands to the Elim Native Corporation, and for other purposes.
_______________________________________________________________________
April 10, 2000
Reported without amendment
Calendar No. 488
106th CONGRESS
2d Session
H. R. 3090
[Report No. 106-258]
To amend the Alaska Native Claims Settlement Act to restore certain
lands to the Elim Native Corporation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 10, 1999
Received
November 19, 1999
Read twice and referred to the Committee on Energy and Natural
Resources
April 10, 2000
Reported by Mr. Murkowski, without amendment
_______________________________________________________________________
AN ACT
To amend the Alaska Native Claims Settlement Act to restore certain
lands to the Elim Native Corporation, 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. ELIM NATIVE CORPORATION LAND RESTORATION.
Section 19 of the Alaska Native Claims Settlement Act (43 U.S.C.
1618) is amended by adding at the end the following new subsection:
``(c)(1) Findings.--The Congress finds that--
``(A) approximately 350,000 acres of land were withdrawn by
Executive orders in 1917 for the use of the United States
Bureau of Education and of the Natives of Indigenous Alaskan
race;
``(B) these lands comprised the Norton Bay Reservation
(later referred to as Norton Bay Native Reserve) and were set
aside for the benefit of the Native inhabitants of the Eskimo
Village of Elim, Alaska;
``(C) in 1929, 50,000 acres of land were deleted from the
Norton Bay Reservation by Executive order.
``(D) the lands were deleted from the Reservation for the
benefit of others;
``(E) the deleted lands were not available to the Native
inhabitants of Elim under subsection (b) of this section at the
time of passage of this Act;
``(F) the deletion of these lands has been and continues to
be a source of deep concern to the indigenous people of Elim;
and
``(G) until this matter is dealt with, it will continue to
be a source of great frustration and sense of loss among the
shareholders of the Elim Native Corporation and their
descendants.
``(2) Withdrawal.--The lands depicted and designated `Withdrawal
Area' on the map dated October 19, 1999, along with their legal
descriptions, on file with the Bureau of Land Management, and entitled
`Land Withdrawal Elim Native Corporation', are hereby withdrawn,
subject to valid existing rights, from all forms of appropriation or
disposition under the public land laws, including the mining and
mineral leasing laws, for a period of 2 years from the date of the
enactment of this subsection, for selection by the Elim Native
Corporation (hereinafter referred to as `Elim').
``(3) Authority To Select and Convey.--Elim is authorized to select
in accordance with the rules set out in this paragraph, 50,000 acres of
land (hereinafter referred to as `Conveyance Lands') within the
boundary of the Withdrawal Area described in paragraph (2). The
Secretary is authorized and directed to convey to Elim in fee the
surface and subsurface estates to 50,000 acres of valid selections in
the Withdrawal Area, subject to the covenants, reservations, terms and
conditions and other provisions of this subsection.
``(A) Elim shall have 2 years from the date of the
enactment of this subsection in which to file its selection of
no more than 60,000 acres of land from the area described in
paragraph (2). The selection application shall be filed with
the Bureau of Land Management, Alaska State Office, shall
describe a single tract adjacent to United States Survey No.
2548, Alaska, and shall be reasonably compact, contiguous, and
in whole sections except when separated by unavailable land or
when the remaining entitlement is less than a whole section.
Elim shall prioritize its selections made pursuant to this
subsection at the time such selections are filed, and such
prioritization shall be irrevocable. Any lands selected shall
remain withdrawn until conveyed or full entitlement has been
achieved.
``(B) The selection filed by Elim pursuant to this
subsection shall be subject to valid existing rights and may
not supercede prior selections of the State of Alaska, any
Native corporation, or valid entries of any private individual
unless such selection or entry is relinquished, rejected, or
abandoned prior to conveyance to Elim.
``(C) Upon receipt of the Conveyance Lands, Elim shall have
all legal rights and privileges as landowner, subject only to
the covenants, reservations, terms and conditions specified in
this subsection.
``(D) Selection by Elim of lands under this subsection and
final conveyance of those lands to Elim shall constitute full
satisfaction of any claim of entitlement of Elim with respect
to its land entitlement.
``(4) Covenants, Reservations, Terms, and Conditions.--The
covenants, reservations, terms and conditions set forth in this
paragraph and in paragraphs (5) and (6) with respect to the Conveyance
Lands shall run with the land and shall be incorporated into the
interim conveyance, if any, and patent conveying the lands to Elim.
``(A) Consistent with paragraph (3)(C) and subject to the
applicable covenants, reservations, terms, and conditions
contained in this paragraph and paragraphs (5) and (6), Elim
shall have all rights to the timber resources of the Conveyance
Lands for any use including, but not limited to, construction
of homes, cabins, for firewood and other domestic uses on any
Elim lands: Provided, That cutting and removal of Merchantable
Timber from the Conveyance Lands for sale shall not be
permitted: Provided further, That Elim shall not construct
roads and related infrastructure for the support of such
cutting and removal of timber for sale or permit others to do
so. 'Merchantable Timber' means timber that can be harvested
and marketed by a prudent operator.
``(B) Public Land Order 5563 of December 16, 1975, which
made hot or medicinal springs available to other Native
Corporations for selection and conveyance, is hereby modified
to the extent necessary to permit the selection by Elim of the
lands heretofore encompassed in any withdrawal of hot or
medicinal springs and is withdrawn pursuant to this subsection.
The Secretary is authorized and directed to convey such
selections of hot or medicinal springs (hereinafter referred to
as `hot springs') subject to applicable covenants,
reservations, terms and conditions contained in paragraphs (5)
and (6).
``(C) Should Elim select and have conveyed to it lands
encompassing portions of the Tubutulik River or Clear Creek, or
both, Elim shall not permit surface occupancy or knowingly
permit any other activity on those portions of land lying
within the bed of or within 300 feet of the ordinary high
waterline of either or both of these water courses for purposes
associated with mineral or other development or activity if
they would cause or are likely to cause erosion or siltation of
either water course to an extent that would significantly
adversely impact water quality or fish habitat.
``(5) Rights Retained by the United States.--With respect to
conveyances authorized in paragraph (3), the following rights are
retained by the United States:
``(A) To enter upon the conveyance lands, after providing
reasonable advance notice in writing to Elim and after
providing Elim with an opportunity to have a representative
present upon such entry, in order to achieve the purpose and
enforce the terms of this paragraph and paragraphs (4) and (6).
``(B) To have, in addition to such rights held by Elim, all
rights and remedies available against persons, jointly or
severally, who cut or remove Merchantable Timber for sale.
``(C) In cooperation with Elim, the right, but not the
obligation, to reforest in the event previously existing
Merchantable Timber is destroyed by fire, wind, insects,
disease, or other similar manmade or natural occurrence
(excluding manmade occurrences resulting from the exercise by
Elim of its lawful rights to use the Conveyance Lands).
``(D) The right of ingress and egress over easements under
section 17(b) for the public to visit, for noncommercial
purposes, hot springs located on the Conveyance Lands and to
use any part of the hot springs that is not commercially
developed.
``(E) The right to enter upon the lands containing hot
springs for the purpose of conducting scientific research on
such hot springs and to use the results of such research
without compensation to Elim. Elim shall have an equal right to
conduct research on the hot springs and to use the results of
such research without compensation to the United States.
``(F) A covenant that commercial development of the hot
springs by Elim or its successors, assigns, or grantees shall
include the right to develop only a maximum of 15 percent of
the hot springs and any land within \1/4\ mile of the hot
springs. Such commercial development shall not alter the
natural hydrologic or thermal system associated with the hot
springs. Not less than 85 percent of the lands within \1/4\
mile of the hot springs shall be left in their natural state.
``(G) The right to exercise prosecutorial discretion in the
enforcement of any covenant, reservation, term or condition
shall not waive the right to enforce any covenant, reservation,
term or condition.
``(6) General.--
``(A) Memorandum of understanding.--The Secretary and Elim
shall, acting in good faith, enter into a Memorandum of
Understanding (hereinafter referred to as the `MOU') to
implement the provisions of this subsection. The MOU shall
include among its provisions reasonable measures to protect
plants and animals in the hot springs on the Conveyance Lands
and on the land within \1/4\ mile of the hot springs. The
parties shall agree to meet periodically to review the matters
contained in the MOU and to exercise their right to amend,
replace, or extend the MOU. Such reviews shall include the
authority to relocate any of the easements set forth in
subparagraph (D) if the parties deem it advisable.
``(B) Incorporation of terms.--Elim shall incorporate the
covenants, reservations, terms and conditions, in this
subsection in any deed or other legal instrument by which it
divests itself of any interest in all or a portion of the
Conveyance Lands, including without limitation, a leasehold
interest.
``(C) Section 17(b) easements.--The Bureau of Land
Management, in consultation with Elim, shall reserve in the
conveyance to Elim easements to the United States pursuant to
subsection 17(b) that are not in conflict with other easements
specified in this paragraph.
``(D) Other easements.--The Bureau of Land Management, in
consultation with Elim, shall reserve easements which shall
include the right of the public to enter upon and travel along
the Tubutulik River and Clear Creek within the Conveyance
Lands. Such easements shall also include easements for trails
confined to foot travel along, and which may be established
along each bank of, the Tubutulik River and Clear Creek. Such
trails shall be 25 feet wide and upland of the ordinary high
waterline of the water courses. The trails may deviate from the
banks as necessary to go around man-made or natural
obstructions or to portage around hazardous stretches of water.
The easements shall also include one-acre sites along the water
courses at reasonable intervals, selected in consultation with
Elim, which may be used to launch or take out water craft from
the water courses and to camp in non-permanent structures for a
period not to exceed 24 hours without the consent of Elim.
``(E) Inholders.--The owners of lands held within the
exterior boundaries of lands conveyed to Elim shall have all
rights of ingress and egress to be vested in the inholder and
the inholder's agents, employees, co-venturers, licensees,
subsequent grantees, or invitees, and such easements shall be
reserved in the conveyance to Elim. The inholder may not
exercise the right of ingress and egress in a manner that may
result in substantial damage to the surface of the lands or
make any permanent improvements on Conveyance Lands without the
prior consent of Elim.
``(F) Iditarod trail.--The Bureau of Land Management may
reserve an easement for the Iditarod National Historic Trail in
the conveyance to Elim.
``(7) Implementation.--There are authorized to be appropriated such
sums as may be necessary to implement this subsection.''.
SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.
Section 7(h)(1)(C)(iii) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1606(h)(1)(C)(iii)) is amended by inserting before the
period at the end the following: ``, notwithstanding an adoption,
relinquishment, or termination of parental rights that may have altered
or severed the legal relationship between the gift donor and
recipient''.
SEC. 3. DEFINITION OF SETTLEMENT TRUST.
Section 3(t)(2) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(t)(2)) is amended by striking ``sole'' and all that follows
through ``Stock'' and inserting ``benefit of shareholders, Natives, and
descendants of Natives,''.
Passed the House of Representatives November 9, 1999.
Attest:
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