Pub.L. 104-43 To amend the Fishermen's Protective Act. <> ...

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Public Law 104-42
104th Congress

                                 An Act


 
    To amend the Alaska Native Claims Settlement Act, and for other 
             purposes. <<NOTE: Nov. 2, 1995 -  [H.R. 402]>> 

  
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

                TITLE I--ALASKA NATIVE CLAIMS SETTLEMENT

SECTION 101. 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 3 parties are hereby adopted and 
ratified as a matter of Federal law. The 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 receive any additional 
lands under the Alaska Native Claims Settlement Act. The ratification of 
these conveyances shall not have any effect on 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 for any claim to land or 
money by the 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. 102. MINING CLAIMS ON LANDS CONVEYED TO ALASKA REGIONAL 
            CORPORATIONS.

    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. <<NOTE: Effective date.>> Effective 
        upon the date of enactment of this paragraph, the Secretary, 
        acting through the Bureau of Land Management and in a manner

[[Page 109 STAT. 354]]

        consistent with section 14(g), 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 that would have been made with the Bureau of Land 
        Management if the lands were within Federal ownership shall be 
        timely made with the appropriate regional corporation. The 
        validity of any such mining claim or claims may be contested by 
        the regional corporation, in 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 fees, 
        reasonably allocated to the portion of the mining claim so 
        conveyed.''.

SEC. 103. 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. <<NOTE: 43 USC 1629f.>>  (a) As used in this section the 
term `contaminant' means hazardous substance harmful to public health or 
the environment, including friable asbestos.

    ``(b) <<NOTE: Reports.>>  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 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 
contaminants 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 to the extent 
        practicable the existence and availability of potentially 
        responsible parties for the removal or remediation of the 
        effects of such contaminants;
            ``(3) identification of existing remedies;
            ``(4) recommendations for any additional legislation that 
        the Secretary concludes is necessary to remedy the problem of 
        contaminants on the lands; and
            ``(5) in addition to the identification of contaminants, 
        identification of structures known to have asbestos present and 
        rec

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        ommendations to inform Native landowners on the containment of 
        asbestos.''.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF 
            IMPLEMENTING REQUIRED RECONVEYANCES.

    Section 14(c) of the 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. 105. 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 and subject to the concurrence of Kuukpik Corporation, 
        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. 106. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKA 
            VETERANS FOR ALLOTMENTS.

    (a) In General.--No later than 9 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 
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 apply for an allotment of not to exceed 160 
        acres under the Act of May 17, 1906 (chapter 2469, 34 Stat. 
        197), as the Act was in effect before December 18, 1971.
            (2) An assessment of the potential impacts of additional 
        allotments on conservation system units as that 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.

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    (b) Requirement.--The Secretary of Veterans Affairs shall release to 
the Secretary of the Interior information relevant to the report 
required under subsection (a).

SEC. 107. TRANSFER OF WRANGELL INSTITUTE.

    (a) Property Transfer.--In order to effect a recision of the ANCSA 
settlement conveyance to Cook Inlet Region, Incorporated of the 
approximately 134.49 acres and structures located thereon (``property'') 
known as the Wrangell Institute in Wrangell, Alaska, upon certification 
to the Secretary by Cook Inlet Region, Incorporated, that the Wrangell 
Institute property has been offered for transfer to the City of 
Wrangell, property bidding credits in an amount of $475,000, together 
with adjustments from January 1, 1976 made pursuant to the methodology 
used to establish the Remaining Obligation Entitlement in the Memorandum 
of Understanding Between the United States Department of the Interior 
and Cook Inlet Region, Incorporated dated April 11, 1986, 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), as amended, referred to in 
such section as the ``Cook Inlet Region, Incorporated, property 
account''. Acceptance by the City of Wrangell, Alaska of the property 
shall constitute a waiver by the City of Wrangell of any claims for the 
costs of remediation related to asbestos, whether in the nature of 
participation or reimbursement, against the United States or Cook Inlet 
Region, Incorporated. The acceptance of the property bidding credits by 
Cook Inlet Region, Incorporated, Alaska of the property shall constitute 
a waiver by Cook Inlet Region, Incorporated of any claims for the costs 
of remediation related to asbestos, whether in the nature of 
participation or reimbursement, against the United States. In no event 
shall the United States be required to take title to the property. Such 
restored property bidding credits may be used in the same manner as any 
other portion of the account.
    (b) Hold Harmless.--Upon acceptance of the property bidding credits 
by Cook Inlet Region, Inc., the United States shall defend and hold 
harmless Cook Inlet Region, Incorporated, and its subsidiaries in any 
and all claims arising from asbestos or any contamination existing at 
the Wrangell Institute property at the time of transfer of ownership of 
the property from the United States to Cook Inlet Region, Incorporated.

SEC. 108. 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 Administrator of the Federal Aviation Administration is hereby 
directed to exercise said reverter in Patent No. 1240529 in favor of the 
United States within twelve months of the date of enactment of this 
section. Upon revesting of title, notwithstanding any other provision of 
law, the United States shall immediately thereafter transfer all right, 
title, and interest of the United States in the subject lands to the 
Shishmaref 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 cleanup of hazardous or 
solid wastes on the property, nor shall the United States or Shishmaref 
Native Corporation become liable for the cleanup of the property solely

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by virtue of acquiring title from the State of Alaska or from the United 
States.

SEC. 109. DEFINITION OF REVENUES.

    (a) Section 7(i) of the Alaska Native Claims Settlement Act, Public 
Law 92-203 (43 U.S.C. 1606(i)), is amended--
            (1) by inserting ``(1)'' after ``(i)''; and
            (2) by adding at the end the following new paragraph:
            ``(2) For purposes of this subsection, the term `revenues' 
        does not include any benefit received or realized for the use of 
        losses incurred or credits earned by a Regional Corporation.''.

    (b) <<NOTE: Effective date.>>  This amendment shall be effective as 
of the date of enactment of the Alaska Native Claims Settlement Act, 
Public Law 92-203 (43 U.S.C. 1601, et seq.).

   TITLE II--HAWAIIAN HOME LANDS <<NOTE: Hawaiian Home Lands Recovery 
Act. 48 USC note prec. 491.>> 

SEC. 201. SHORT TITLE

    This title may be cited as the ``Hawaiian Home Lands Recovery Act''.

SEC. 202. DEFINITIONS.

    As used in this title:
            (1) Agency.--The term ``agency'' includes--
                    (A) any instrumentality of the United States;
                    (B) any element of an agency; and
                    (C) any wholly owned or mixed-owned corporation of 
                the United States Government.
            (2) Beneficiary.--The term ``beneficiary'' has the same 
        meaning as is given the term ``native Hawaiian'' under section 
        201(7) of the Hawaiian Homes Commission Act.
            (3) Chairman.--The term ``Chairman'' means the Chairman of 
        the Hawaiian Homes Commission of the State of Hawaii.
            (4) Commission.--The term ``Commission'' means the Hawaiian 
        Homes Commission established by section 202 of the Hawaiian 
        Homes Commission Act.
            (5) Hawaiian homes commission act.--The term ``Hawaiian 
        Homes Commission Act'' means the Hawaiian Homes Commission Act, 
        1920 (42 Stat. 108 et. seq., chapter 42).
            (6) Hawaii state admission act.--The term ``Hawaii State 
        Admission Act'' means the Act entitled ``An Act to provide for 
        the admission of the State of Hawaii into the Union'', approved 
        March 18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 
        491).
            (7) Lost use.--The term ``lost use'' means the value of the 
        use of the land during the period when beneficiaries or the 
        Hawaiian Homes Commission have been unable to use lands as 
        authorized by the Hawaiian Homes Commission Act because of the 
        use of such lands by the Federal Government after August 21, 
        1959.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

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