| Home > 107th Congressional Public Laws > Pub.L. 107-240 Making further continuing appropriations for the fiscal year 2003, and for other purposes. <> ...
Pub.L. 107-240 Making further continuing appropriations for the fiscal year 2003, and for other purposes. <> ...
ALASKA LAND EXCHANGE AGREEMENT
[[Page 116 STAT. 1488]]
Public Law 107-239
To ratify an agreement between The Aleut Corporation and the United
States of America to exchange land rights received under the Alaska
Native Claims Settlement Act for certain land interests on Adak Island,
and for other purposes. <<NOTE: Oct. 11, 2002 - [S. 1325]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Alaska. 16 USC 668dd
SECTION 1. FINDINGS.
Congress finds that:
(1) Adak Island is an isolated island located 1,200 miles
southwest of Anchorage, Alaska, between the Pacific Ocean and
the Bering Sea. The Island, with its unique physical and
biological features, including a deep water harbor and abundant
marine-associated wildlife, was recognized early for both its
natural and military values. In 1913, Adak Island was reserved
and set aside as a Preserve because of its value to seabirds,
marine mammals, and fisheries. Withdrawals of portions of Adak
Island for various military purposes date back to 1901 and
culminated in the 1959 withdrawal of approximately half of the
Island for use by the Department of the Navy for military
(2) By 1990, military development on Adak Island supported a
community of 6,000 residents. Outside of the Adak Naval Complex,
there was no independent community on Adak Island.
(3) As a result of the Defense Base Closure and Realignment
Act of 1990 (104 Stat. 1808), as amended, the Adak Naval Complex
has been closed by the Department of Defense.
(4) The Aleut Corporation is an Alaskan Native Regional
Corporation incorporated in the State of Alaska pursuant to the
Alaska Native Claims Settlement Act (ANCSA), as amended (43
U.S.C. 1601, et seq.). The Aleut Corporation represents the
indigenous people of the Aleutian Islands who prior to the
Russian exploration and settlement of the Aleutian Islands were
found throughout the Aleutian Islands which includes Adak
(5) None of Adak Island was available for selection by The
Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C.
1613(h)(8)) because it was part of a National Wildlife Refuge
and because the portion comprising the Adak Naval Complex was
withdrawn for use by the United States Navy for military
purposes prior to the passage of ANCSA in December 1971.
(6) The Aleut Corporation is attempting to establish a
community on Adak and has offered to exchange ANCSA land
[[Page 116 STAT. 1489]]
selections and entitlements for conveyance of certain lands and
interests therein on a portion of Adak formerly occupied by the
(7) Removal of a portion of the Adak Island land from refuge
status will be offset by the acquisition of high quality
wildlife habitat in other Aleut Corporation selections within
the Alaska Maritime National Wildlife Refuge, maintaining a
resident human population on Adak to control caribou, and making
possible a continued United States Fish and Wildlife Service
presence in that remote location to protect the natural
resources of the Aleutian Islands Unit of the Alaska Maritime
National Wildlife Refuge.
(8) It is in the public interest to promote reuse of the
Adak Island lands by exchanging certain lands for lands selected
by The Aleut Corporation elsewhere in the Alaska Maritime
National Wildlife Refuge. Experience with environmental problems
associated with formerly used defense sites in the State of
Alaska suggests that the most effective and efficient way to
avoid future environmental problems on Adak is to support and
encourage active reuse of Adak.
SEC. 2. RATIFICATION OF AGREEMENT.
The document entitled the ``Agreement Concerning the Conveyance of
Property at the Adak Naval Complex'' (hereinafter ``the Agreement''),
and dated September 20, 2000, executed by The Aleut Corporation, the
Department of the Interior and the Department of the Navy, together with
any technical amendments or modifications to the boundaries that may be
agreed to by the parties is hereby ratified, confirmed, and approved and
the terms, conditions, procedures, covenants, reservations, indemnities
and other provisions set forth in the Agreement are declared to be
obligations and commitments of the United States and The Aleut
Corporation: Provided, That modifications to the maps and legal
descriptions of lands to be removed from the National Wildlife Refuge
System within the military withdrawal on Adak Island set forth in Public
Land Order 1949 may be made only upon agreement of all Parties to the
Agreement and notification given to the Committee on Resources of the
United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate: Provided further, That
the acreage conveyed to the United States by The Aleut Corporation under
the Agreement, as modified, shall be at least 36,000 acres.
SEC. 3. REMOVAL OF LANDS FROM REFUGE.
Effective <<NOTE: Effective date.>> on the date of conveyance to The
Aleut Corporation of the Adak Exchange Lands as described in the
Agreement, all such lands shall be removed from the National Wildlife
Refuge System and shall neither be considered as part of the Alaska
Maritime National Wildlife Refuge nor be subject to any laws pertaining
to lands within the boundaries of the Alaska Maritime National Wildlife
Refuge, including the conveyance restrictions imposed by section 22(g)
of ANCSA (43 U.S.C. 1621(g)), for land in the National Wildlife Refuge
System. The Secretary shall adjust the boundaries of the Refuge so as to
exclude all interests in lands and land rights, surface and subsurface,
received by The Aleut Corporation in accordance with this Act and the
[[Page 116 STAT. 1490]]
SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT.
Lands and interests therein exchanged and conveyed by the United
States pursuant to this Act shall be considered and treated as
conveyances of lands or interests therein under the Alaska Native Claims
Settlement Act, except that receipt of such lands and interests therein
shall not constitute a sale or disposition of land or interests received
pursuant to such Act. The public easements for access to public lands
and waters reserved pursuant to the Agreement are deemed to satisfy the
requirements and purposes of section 17(b) of the Alaska Native Claims
SEC. 5. REACQUISITION OF LANDS.
The Secretary of the Interior is authorized to acquire by purchase
or exchange, on a willing seller basis only, any land conveyed to The
Aleut Corporation under the Agreement and this Act. In the event any of
the lands are subsequently acquired by the United States, they shall be
automatically included in the Refuge System.
The <<NOTE: Applicability.>> laws and regulations applicable to Refuge
lands shall then apply to these lands and the Secretary shall then
adjust the boundaries accordingly.
SEC. 6. GENERAL.
(a) Nothwithstanding the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 483-484) and the Defense
Base Closure and Realignment Act of 1990, as amended (10 U.S.C. 2687),
and for the purposes of the transfer of property authorized by this Act,
Department of Navy personal property that remains on Adak Island is
deemed related to the real property and shall be conveyed by the
Department of the Navy to The Aleut Corporation at no additional cost
when the related real property is conveyed by the Department of the
(b) The Secretary of the Interior shall convey to The Aleut
Corporation those lands identified in the Agreement as the former
landfill sites without charge to The Aleut Corporation's entitlement
under the Alaska Native Claims Settlement Act.
(c) Any property, including, but not limited to, appurtenances and
improvements, received pursuant to this Act shall, for purposes of
section 21(d) of the Alaska Native Claims Settlement Act, as amended,
and section 907(d) of the Alaska National Interest Lands Conservation
Act, as amended, be treated as not developed until such property is
actually occupied, leased (other than leases for nominal consideration
to public entities) or sold by The Aleut Corporation, or, in the case of
a lease or other transfer by The Aleut Corporation to a wholly owned
development subsidiary, actually occupied, leased, or sold by the
(d) Upon conveyance to The Aleut Corporation of the lands described
in Appendix A of the Agreement, the lands described in Appendix C of the
Agreement will become unavailable for selection under ANCSA.
[[Page 116 STAT. 1491]]
(e) The maps included as part of Appendix A to the Agreement depict
the lands to be conveyed to The Aleut Corporation. The maps shall be
left on file at the Region 7 Office of the United States Fish and
Wildlife Service and the offices of Alaska Maritime National Wildlife
Refuge in Homer, Alaska. The written legal descriptions of the lands to
be conveyed to The Aleut Corporation are also part of Appendix A. In
case of any discrepancies, the maps shall be controlling.
Approved October 11, 2002.
LEGISLATIVE HISTORY--S. 1325:
SENATE REPORTS: No. 107-180 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Aug. 1, considered and passed Senate.
Sept. 24, considered and passed House.
Other Popular 107th Congressional Public Laws Documents:
||Pub.L. 107-144 To designate the facility of the United States Postal Service located at 811 South Main Street in Yerington, Nevada, as the ``Joseph E. Dini, Jr. Post Office''. <> ...
||Pub.L. 107-046 To amend the Admiral James W. Nance and Meg Donovan Foreign Relations ...
||Pub.L. 107-080 To designate the Federal building and United States courthouse located at 550 West Fort Street in Boise, Idaho, as the ``James A. McClure Federal Building and United States Courthouse''. <> ...
||Pub.L. 107-153 To encourage the negotiated settlement of tribal claims. <> ...
||Pub.L. 107-031 To designate the Federal building and United States courthouse located at 504 West Hamilton Street in Allentown, Pennsylvania, as the ``Edward N. Cahn Federal Building and United States Courthouse''. <> %%F...
||P.R. 003 () For the relief of Barbara Makuch. <> [Document Status (Version] ...
||Pub.L. 107-350 To provide for the conveyance of certain public land in Clark County, Nevada, for use as a shooting range. <> ...
||Pub.L. 107-272 To redesignate the facility of the United States Postal Service located at 6910 South Yorktown Avenue in Tulsa, Oklahoma, as the ``Robert Wayne Jenkins Station''. <> ...
||Pub.L. 107-282 To establish wilderness areas, promote conservation, improve public land, and provide for high quality development in Clark County, Nevada, and for other purposes. <> ...
||Pub.L. 107-064 Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes. <> %%Fi...
||Pub.L. 107-241 To amend the charter of the AMVETS organization. <> ...
||Pub.L. 107-102 Regarding the use of the trust land and resources of the Confederated Tribes of the Warm Springs Reservation of Oregon. <> ...
||Pub.L. 107-318 To provide for the improvement of the safety of child restraints in passenger motor vehicles, and for other purposes. <> ...
||Pub.L. 107-149 To reauthorize the Appalachian Regional Development Act of 1965, and for other purposes. <> ...
||Pub.L. 107-376 To extend the deadline for commencement of construction of a hydroelectric project in the State of Oregon. <> ...
||Pub.L. 107-075 To extend the moratorium enacted by the Internet Tax Freedom Act through November 1, 2003, and for other purposes. <> ...
||Pub.L. 107-049 To designate the Federal building and United States courthouse located at 121 West Spring Street in New Albany, Indiana, as the ``Lee H. Hamilton Federal Building and United States Courthouse''. <> %%Filen...
||Pub.L. 107-010 Concerning the participation of Taiwan in the World Health Organization. <> ...
||Pub.L. 107-192 To designate the facility of the United States Postal Service located at 2829 Commercial Way in Rock Springs, Wyoming, as the ``Teno Roncalio Post Office Building''. <> ...
||Pub.L. 107-077 Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2002, and for other purposes. <> ...
||Pub.L. 107-312 To reduce preexisting PAYGO balances, and for other purposes. <> ...
||Pub.L. 107-056 To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes. <> ...
||Pub.L. 107-226 To authorize a national memorial to commemorate the passengers and crew of Flight 93 who, on September 11, 2001, courageously gave their lives thereby thwarting a planned attack on our Nation's Capital, and for other purposes. <
||Pub.L. 107-150 To amend the Immigration and Nationality Act to provide for the ...
||Pub.L. 107-155 To amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform. <> ...
||Pub.L. 107-202 To establish the Benjamin Franklin Tercentenary Commission. <> ...
||Pub.L. 107-117 Making appropriations for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes. <> ...
||Pub.L. 107-331 To amend the Indian Financing Act of 1974 to improve the effectiveness of the Indian loan guarantee and insurance program. <> ...
||Pub.L. 107-173 To enhance the border security of the United States, and for other purposes. <> ...
||Pub.L. 107-099 To provide for a transition to democracy and to promote economic recovery in Zimbabwe. ...
107th Congressional Public Laws Records and Documents
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.