[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3090 Enrolled Bill (ENR)]
H.R.3090
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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``(A) approximately 350,000 acres of land were withdrawn by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`Land Withdrawal Elim Native Corporation', are hereby withdrawn,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.''.

475efe7cec3d461353795c585c7f332e024427a6539b7c32044ab8c69c439406

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''.

2db35fcb0649d746d634ed8d780d7a11cc83034f2c6d50bd2bed0520d1a4e192

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,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

ff64e4bb8efd44960718aff7e405fa0b2e4d6a7c7aa6dd93d2fe3312b89b441e

To amend the Alaska Native Claims Settlement Act to restore certain lands to the Elim Native Corporation, and for other purposes.

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