102d CONGRESS
2d Session
H. R. 3157
Rule
AN ACT
To provide for the settlement of certain claims under the Alaska Native
Claims Settlement Act, and for other purposes.
HR 3157 EH1S
102d CONGRESS
2d Session
H. R. 3157
AN ACT
To provide for the settlement of certain claims under 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,

7fa8201a643470c0d64b427686ded20623180677e63833252618d9394ced0fd1

This Act may be cited as the `Alaska Land Status Technical Corrections
Act of 1992'.

257b7705707adc4f9e115a125becba232b8dc9a0459626f20c159119b5ee483a

Section 905(a)(1) of the Alaska National Interest Lands Conservation Act
(43 U.S.C. 1634(a)(1)) is amended--
(1) by inserting `(A)' after `(1)';
(2) by inserting `or within Fort Davis (except as provided in subparagraph
(B))' after `Naval Petroleum Reserve No. 4)'; and
(3) by adding at the end the following new subparagraph:
`(B) The land referred to in subparagraph (A) with respect to Fort Davis--
`(i) shall be restricted to--
`(I) the allotment applications named in the decision published at 96 IBLA
42 (1987) and to the acreage involved in those applications; or
`(II) the heirs of an applicant who made an application described in
subclause (I); and
`(ii) shall be subject to valid existing rights and an easement for
the Iditarod National Historic Trail established by section 5(a)(7) of
the National Trails System Act (16 U.S.C. 1244(a)(7)), but pending final
determination of the trail's location, the easement shall be located on an
interim basis by the Secretary, in consultation with the Iditarod Historic
Trail Advisory Council.'.

d03f648aabc3286f61d04724ce14134e29042a1919aaa686e892ea09610d0ce0

Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 1617)
is amended by adding at the end the following new subsection:
`(c)(1)(A) Notwithstanding any other provision of law, an allotment
applicant, who had a valid application pending before the Department of the
Interior on December 18, 1971, and whose application remains pending as of
the date of enactment of this subsection, may amend the land description
in the application of the applicant (with the advice and approval of the
responsible officer of the Bureau of Indian Affairs) to describe land
other than the land that the applicant originally intended to claim if--
`(i) the application pending before the Department, either describes land
selected by, tentatively approved to, or patented to the State of Alaska
or otherwise conflicts with an interest in land granted to the State of
Alaska by the United States prior to the filing of the allotment application;
`(ii) the amended land description describes land selected by, tentatively
approved to, or patented to the State of Alaska of approximately equal
acreage in substitution for the land described in the original application;
and
`(iii) the Commissioner of the Department of Natural Resources for the
State of Alaska, acting under the authority of State law, has agreed to
reconvey or relinquish to the United States the land, or interest in land,
described in the amended application.
`(B) If an application pending before the Department of the Interior as
described in subparagraph (A) describes land selected by, but not tentatively
approved to or patented to, the State of Alaska, the concurrence of the
Secretary of the Interior shall be required in order for an application
to proceed under this section.
`(2)(A) The Secretary shall accept reconveyance or relinquishment from the
State of Alaska of the land described in an amended application pursuant to
paragraph (1)(A), except where the land described in the amended application
is State-owned land within the boundaries of a conservation system unit
as defined in the Alaska National Interest Lands Conservation Act. Upon
acceptance, the Secretary shall issue a Native Allotment certificate to
the applicant for the land reconveyed or relinquished by the State of
Alaska to the United States.
`(B) The Secretary shall adjust the computation of the acreage charged
against the land entitlement of the State of Alaska to ensure that this
subsection will not cause the State to receive either more or less than
its full land entitlement under section 6 of the Act entitled `An Act to
provide for the admission of the State of Alaska into the Union', approved
July 7, 1958 (commonly referred to as the `Alaska Statehood Act'), and
section 906 of the Alaska National Interest Lands Conservation Act (43
U.S.C. 1635). If the State retains any part of the fee estate, the State
shall remain charged with the acreage.'.

464fcd652af63ff8bb7a0ece145724e149d80527fd350550b5adad7fe0d3a3d2

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 striking `or nephew' and inserting
`nephew, or (if the holder has reached the age of majority as defined by
the laws of the State of Alaska) brother or sister'.

81ba9f14e656258d99d282e732169c5e61f6ac0d09f9fe4aaf2fd32ef8078a3b

Section 21(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1620(j))
is amended--
(1) by striking `prior to December 18, 1991,'; and
(2) by striking `Provided, That' and inserting `Provided, That alienability
of the Settlement Common Stock of the Corporation has not been terminated
pursuant to section 37: Provided further, That'.

b6669ac97d6c7bcbbb58ddd0af6115011e5b1b0be5166535dac32690a902d971

(a) BOUNDARY ADJUSTMENT- The boundary of the Chugach National Forest, Alaska,
is modified to include the approximately 9,300 acres as generally depicted
on the map entitled `Official Map, Boundary Modification, Chugach National
Forest' and dated September 1988. The map shall be on file and available
for public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
(b) ADMINISTRATION- Subject to valid existing rights, all Federal lands
brought within the boundary of the Chugach National Forest by subsection
(a) are added to and shall be administered as part of the Chugach National
Forest.
(c) TERMS AND CONDITIONS- (1) Nothing in this Act shall be construed to
affect the validity of, or the terms and conditions of, any right-of-way,
easement, lease, license, or permit on lands transferred by this section
that is in existence on the date of enactment of this Act.
(2) Notwithstanding any other provision of law, the Secretary of the
Interior shall delegate, as necessary, to the Secretary of Agriculture the
authority to renew or reissue the authorizations described in paragraph
(1). The change of administrative jurisdiction over these lands resulting
from subsection (a) shall not constitute a ground for the denial of renewal
or reissuance of the authorizations described in paragraph (1).
(d) LAND AND WATER CONSERVATION FUND ACT- For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundary of the Chugach National Forest, as modified by this section,
shall be treated as if it were the boundary of the Chugach National Forest
as of January 1, 1965.

331312dff45225ffb4b8ddac8ddb1f6b84e353edaf04cc89a00b4b258b05c622

(a) CONVEYANCE- Pursuant to the Act entitled `An Act to authorize
acquisition or use of public lands by States, counties, or municipalities
for recreational purposes', approved June 14, 1926 (43 U.S.C. 869 et
seq.) (commonly referred to as the `Recreation and Public Purposes Act'),
and other laws of the United States, the Secretary of the Interior shall,
upon payment to the Secretary of an amount equal to the fair market value of
the lot, convey lot 253, Township 12 North, Range 3 West, Seward Meridian,
Alaska, containing .93 acres, to the Rabbit Creek Lions Club. The conveyance
shall--
(1) preserve valid existing rights-of-way and easements; and
(2) reserve all minerals to the United States.
(b) APPRAISAL- The appraisal to determine the fair market value of the lot
shall be conducted in accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions and shall not include any improvements currently
on the lot.

2f7f92682e03648546845ceb8dd1e1628a3b062e51f8f86b9ccdbebe7149ed5d

Section 7(g)(1)(B)(i)(I) of the Alaska Native Claims Settlement Act (43
U.S.C. 1606(g)(1)(B)(i)(I)) is amended by adding at the end the following:
`and, at the further option of the Corporation, descendants of Natives
born after December 18, 1971,'.

2188ebae7f15587875b4292e74ca275a2a5c1269235001fb8fe130fe517328e0

Notwithstanding any other provision of law, the Secretary of the Interior
shall convey to the University of Alaska, by quitclaim deed and without
consideration, all the right, title, and interest of the United States in
and to--
(1) the lands of the University of Alaska Agricultural Experiment Station,
consisting of approximately 16 acres, including improvements on the lands,
located at Palmer and Matanuska, Alaska; and
(2) the lands of the University of Alaska Fur Farm Experiment Station,
consisting of approximately 37 acres, including improvements on the lands,
located at Petersburg, Alaska, subject to the terms of--
(A) the lease between the Forest Service and the University of Alaska
dated March 29, 1978; and
(B) the agreement between the parties listed in subparagraph (A) dated
March 2, 1983.

b94185c8ef81b8e6231d3c804dcffe5e5f053527859a46303ea784033cfbc22f

Section 29(e) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e))
is amended by inserting `and economically disadvantaged' after `minority'
each place it appears in paragraphs (1) and (2).

5eb923ad16e29e6e0d499cfeb6ee7bbb419f39196136fdde75c2ce8a16e9aa36

Section 29(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(g))
is amended--
(1) by striking `defined in' and inserting `of entities excluded from the
definition of `employer' by'; and
(2) by striking `section 701(b)' and inserting `section 701(b)(1)'.

d77a7dfe792767c50c08913009afe675a74e69a83478ad675c8a77930e20522f

Section 905 of the Alaska National Interest Lands Conservation Act  (43
U.S.C. 1634) is amended by adding at the end the following new subsection:
`(f)(1)(A) Notwithstanding paragraphs (1) and (6) of subsection (a),
and subject to subparagraph (B), each Alaska Native allotment application
made pursuant to the Act entitled `An Act authorizing the Secretary of the
Interior to allot homesteads to the natives of Alaska', approved May 17,
1906 (34 Stat. 197), that--
`(i) was pending before the Department of the Interior on or before December
18, 1971; and
`(ii) describes lands within the National Petroleum Reserve-Alaska that
have been selected, interim conveyed, or patented to a Village Corporation
or Regional Corporation,
is reinstated only for the purpose of this section, subject to this section.
`(B) The reinstatement under subparagraph (A) shall be carried out
regardless of whether the application was--
`(i) relinquished by the applicant; or
`(ii) denied by the Department of the Interior, if the denial was based
solely on the grounds that land within the National Petroleum Reserve-Alaska
was unavailable.
`(2)(A) To the extent that the application describes lands (or any interest
in the lands) that have been selected, interim conveyed, or patented to a
Village Corporation or Regional Corporation, the Secretary is authorized to
accept from the Village Corporation or Regional Corporation the reconveyance
or relinquishment of the lands (or any interest in the lands).
`(B)(i) To the extent that the application describes lands (or any interest
in the lands) that a Village Corporation is not willing to reconvey or
relinquish pursuant to subparagraph (A), the applicant may relinquish any
claim to any portion of the lands (or any interest in the lands) or may,
with the consent of the affected Village Corporation, amend the application
to exclude the lands and include in lieu thereof a description of lands
selected by, interim conveyed to, or patented to the Village Corporation
of an acreage that is not to exceed the amount of land relinquished.
`(ii) The Secretary is authorized to accept the reconveyance or
relinquishment of the lands (or any interest in the lands) described in the
amended application from the Village Corporation or Regional Corporation
in lieu of the lands (or any interest in the lands) described in the
initial application.
`(C) If a Village Corporation or Regional Corporation reconveys lands
(or any interest in the lands) to the United States under subparagraph
(A) or (B), the Secretary shall reduce the acreage charged against the
entitlement of the Village Corporation or Regional Corporation.
`(D) The authority of the Secretary to accept the reconveyance or
relinquishment of lands (or any interest in the lands) under this paragraph
shall terminate on the date that is 6 years after the date of enactment
of this subsection.
`(3)(A) Subject to any valid existing rights, to the extent that the
application describes lands that are authorized to be reconveyed or
relinquished to the United States under paragraph (2), the Village
Corporation shall file with the Secretary, not later than 3 years after
the date of enactment of this subsection, the name of the applicant and the
land description of each allotment proposed to be reconveyed or relinquished.
`(B) Upon receipt of the land description, the Secretary shall immediately
notify the State of Alaska and all interested parties of the land description
proposed to be reconveyed or relinquished, and any such party shall have
60 days following notification in which to file with the Department of
the Interior a protest as provided in subsection (a)(5).
`(C) The Secretary shall then either--
`(i) if no protest is filed, approve the application; or
`(ii) if a protest is filed, adjudicate the legal sufficiency of any
protest timely filed; and--
`(I) if the protest is legally insufficient, approve the application; or
`(II) if the protest is valid, issue a decision that closes the application
and that is final for the Department.
`(D) The Secretary shall, with respect to each allotment approved pursuant
to this subsection--
`(i) survey the allotment; and
`(ii) following reconveyance or relinquishment, issue a Native allotment
certificate to the applicant or heirs of the applicant.
`(4)(A) To the extent a Village Corporation or a Regional Corporation
reconveys lands (or any interest in the lands) to the United States
pursuant to paragraph (2) and the conveyance results in a reduction in
the acreage charged against the entitlement of the Village Corporation
or Regional Corporation under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), the Village Corporation or Regional Corporation
shall be entitled to make selections in lieu of the reconveyed lands
(or any interest in the lands).
`(B)(i) The quantity of acreage of the surface estate reconveyed pursuant to
paragraph (2) shall be added to the quantity of acreage of underselection,
if any, for the Village Corporation.  The Secretary shall provide for the
selection of lands for replacement in accordance with the procedures for
withdrawals and selections under section 22(j)(2) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1621(j)(2)).
`(ii)(I) A Village Corporation described in clause (i) shall be entitled
to select lands for replacement from the lands that have been withdrawn
for selection by the Village Corporation pursuant to section 11(a)(1)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1610(a)(1)).
`(II) In any case in which the lands described in subclause (I) are no
longer in Federal ownership and the Village Corporation is entitled to make
a selection pursuant to this subparagraph, the Secretary shall withdraw,
and the Village Corporation shall select, Federal lands that are compact
and contiguous with lands previously conveyed to the Village Corporation.
`(C) Lands (or any interests in the lands) in the replacement of lands
(or interests in the lands) reconveyed by the Regional Corporation to
the United States under this subsection shall be selected by the Regional
Corporation from lands that are--
`(i) compact and contiguous with other lands previously conveyed to the
Regional Corporation within the National Petroleum Reserve-Alaska; and
`(ii) beneath the surface estate of lands selected and conveyed to a
Village Corporation.
`(D) The Secretary shall convey the lands selected pursuant to this
paragraph in accordance with this subsection.
`(5)(A) Each Native allotment certificate issued to an applicant or the heirs
of the applicant pursuant to paragraph (3) shall be subject to any existing
easement or other right that had been reserved, conveyed, transferred,
or recognized by the United States prior to the issuance of the certificate.
`(B) Each conveyance by the Secretary to any applicant or to the heirs of
the applicant under this subsection shall reserve to the United States--
`(i) except as provided in subparagraph (C), all interests in oil, gas,
and coal in the conveyed lands, and the right of the United States, or
a lessee or assignee of the United States, to enter on lands conveyed to
the applicant or to the heirs of the applicant, to drill, explore, mine,
produce, and remove the oil, gas, or coal; and
`(ii) all other rights reasonably incident to the mineral reservations
described in clause (i).
`(C)(i) If the oil, gas, or coal described in subparagraph (B)(i)
was  previously conveyed to the Regional Corporation and the Regional
Corporation reserves those interests in a reconveyance to the United States,
the Secretary shall reserve from the reconveyance to the applicant or to the
heirs of the applicant for the benefit of the Regional Corporation the same
rights and privileges that would have been reserved for the United States.
`(ii) With respect to a reconveyance of lands (or any interest in the lands)
by the Regional Corporation to the United States that does not convey the
entire mineral estate, the Regional Corporation shall not be entitled--
`(I) to a reduction of the acreage charged against the entitlement under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or
`(II) to select mineral interests to replace the acreage.
`(6) The United States shall not be subject to liability for the presence
of any hazardous substance in land or an interest in land solely as a
result of any reconveyance to and transfer by the United States of the
land or interest pursuant to this subsection.'.

a401458a7ea82542d779bf357f4913efa3c2c269a6d895657968857caf89f603

(a) DEFINITIONS- As used in this section:
(1) The term `Act' means the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.).
(2) The terms `Native' and `descendant of a Native' have the meanings
provided the terms in subsections (b) and (r), respectively, of section
3 of the Act (43 U.S.C. 1602).
(3) The term `North Slope Borough surveys' means those lands within
sections 11 and 14 of Township 34 North, Range 35 West, Kateel River
Meridian, Alaska, that have been surveyed by the North Slope Borough,
Alaska, in surveys identified as--
(A) `North Slope Borough Survey Plat of New Point Hope,' dated December
1975, covering 137.49 acres;
(B) `Addition Number One' to the survey described in subparagraph (A),
dated April 1978, covering 12.50 acres;
(C) `Addition Number Two'  to the survey described in subparagraph (A),
dated September 1980, covering 12.50 acres; and
(D) `Addition Number 3'  to the survey described in subparagraph (A),
dated March 1983, covering 30.374 acres.
(4) The term `Regional Corporation' means Arctic Slope Regional Corporation,
the Native Regional Corporation established pursuant to section 7(d) of the
Act (43 U.S.C. 1606(d)) by the Native residents of the North Slope of Alaska.
(5) The term `Secretary' means the Secretary of the Interior.
(6) The term `Village Corporation' means Tigara Corporation, the Native
Village Corporation established pursuant to section 8(a) of the Act (43
U.S.C. 1607(a)) by the Native residents of the Village of Point Hope, Alaska.
(b) RECONVEYANCE- (1) Subject to paragraph (2), the Secretary is authorized
to accept reconveyance from the Village Corporation and the Regional
Corporation of interests in specific, individual lots identified in the
North Slope Borough surveys in any case in which the land (or any interest
in the land) of the lots had been previously interim conveyed or patented
to the Village Corporation and the Regional Corporation.
(2)(A) In making any reconveyance to the United States pursuant to paragraph
(1), the Village Corporation shall--
(i) designate the individual to receive title to the specific lot; and
(ii) certify to the Secretary that the individual is a resident of Point
Hope and an Alaska Native or descendant of a Native.
(B) Each reconveyance to the United States under this section shall be
completed not later than 5 years after the date of enactment of this section.
(c) ISSUANCE OF DEEDS- (1)(A) Subject to paragraphs (2) and (3), upon
receipt of the reconveyance, identification, and certification described
in subsection (b), the Secretary shall transfer each lot to the individual
identified by the Village Corporation, by issuing--
(i) a restricted deed pursuant to subparagraph (B); or
(ii) an unrestricted deed pursuant to subparagraph (C).
(B) A restricted deed may be issued under this paragraph subject to the
following conditions:
(i) The deed shall provide that the title conveyed is inalienable (except
upon approval of the Secretary).
(ii) After the issuance of the restricted deed, the lot shall not be
subject to taxation, to levy and sale in satisfaction of debts, contracts,
or liabilities of the patentee, or to any claims of adverse occupancy or
law of prescription.
(iii) The approval by the Secretary of the sale by an individual of a
lot deeded under this section shall vest in the purchaser a complete and
unrestricted title beginning on the date of approval, except that if the
purchaser is an Alaska Native or a descendent of a Native, the purchaser
shall receive a deed subject to the same restrictions as applied to the
initial grantee.
(C)(i) Upon a finding by the Secretary that the individual identified
by the Village Corporation is competent to manage the property and has
petitioned the Secretary for an unrestricted deed, the Secretary shall
issue the unrestricted deed in accordance with clauses (ii) and (iii).
(ii) Except as provided in clause (iii), if the Secretary issues an
unrestricted deed, all restrictions as to sale, encumbrance, or taxation
of the land subject to the deed shall be removed.
(iii) Except with respect to any obligation owed to the United States,
the land subject to the deed shall not be liable to the satisfaction of
any debt as a result of a contract in effect prior to issuance of the deed.
(2) Any interest in any lot conveyed by the Secretary pursuant to this
subsection shall be subject to all valid existing rights.
(3) The aggregate amount of acreage of all lots conveyed under this
subsection shall not exceed 195 acres.
(d) ALLOTMENTS- (1)(A) If any lot identified pursuant to this section in
the North Slope Borough surveys encompasses land (or any interest in the
land) that--
(i) is the subject of a valid Alaska Native allotment application made
pursuant to the Act entitled `An Act authorizing the Secretary of the
Interior to allot homesteads to the natives of Alaska', approved May 17,
1906 (34 Stat. 197); and
(ii) includes land that has been interim conveyed or patented to the
Village Corporation and the Regional Corporation,
the applicant for the allotment may, with the consent of the Village
Corporation, submit an amended application that describes land that had
been interim conveyed or patented to the Village Corporation and Regional
Corporation (in lieu of the land described in the initial application)
in an acreage that is equal to the acreage of the land described in the
initial application.
(B) The Secretary shall accept the reconveyance of the land (or any interest
in the land) described in subparagraph (A) from the Village Corporation or
the Regional Corporation, in lieu of the land (or any interest in the land)
described in the original application.
(2)(A) To the extent the Secretary accepts a reconveyance of land (or any
interest in the land) pursuant to paragraph (1), the Secretary shall approve
the amended application for the land reconveyed, and adjudicate the remainder
of the allotment application. The approval of an amended application under
this paragraph shall be a final and conclusive determination of the validity
of the allotment.
(B) The Secretary shall--
(i) survey each allotment approved pursuant to this paragraph; and
(ii) issue a Native allotment certificate to the applicant or to the heirs
of the applicant.
(3)(A) Each Native allotment certificate issued to an applicant or the
heirs of the applicant pursuant to paragraph (2)(B) shall be subject to any
existing easements or any other right that had been reserved, conveyed,
transferred, or recognized by the United States prior to the issuance of
the certificate.
(B) Each conveyance by the Secretary to any applicant, or to the heirs of
the applicant under this subsection shall reserve to the United States--
(i) except as provided in subparagraph (C), all interests in oil, gas,
and coal in the land, and the right of the United States, or a lessee or
assignee of the United States, to enter upon land conveyed to the applicant
or to the heirs of the applicant, to drill, explore, mine, produce, and
remove the oil, gas, or coal; and
(ii) all other rights reasonably incident to the mineral reservations
described in clause (i).
(C) If the oil, gas, or coal described in subparagraph (B)(i) was  previously
conveyed to the Regional Corporation and the Regional Corporation reserves
those interests in any conveyance to the United States, the reconveyance by
the Secretary to the applicant or to the heirs of the applicant shall reserve
from the conveyance for the benefit of the Regional Corporation the same
rights and privileges that would have been reserved for the United States.
(4) With respect to any reconveyance of land (or any interest in the land) by
the Regional Corporation to the United States that does not convey the entire
mineral estate, the Regional Corporation shall not be entitled either--
(A) to a reduction of the acreage charged against the entitlement under
the Act; or
(B) to select mineral interests to replace the acreage.
(e) REDUCTION IN CHARGED ACREAGE- (1) Except as provided in subsection
(d)(4), if the Village Corporation and the Regional Corporation reconvey land
(or any interest in the land) to the United States under the authority of
subsection (b) or (d)(1), the Secretary shall reduce the acreage charged
against the entitlement of the Village Corporation and the Regional
Corporation pursuant to the Act.
(2)(A) To the extent that the reconveyance to the United States of land, or
interests in land, by the Village Corporation and the Regional Corporation
under this section results in a reduction in the acreage charged against
the entitlement of the Village Corporation and Regional Corporation under
paragraph (1), the Village Corporation shall be entitled to make selections
in lieu of the reconveyed land (or any interest in the land).
(B) The amount of any acreage reconveyed by the Village Corporation under
this section shall be added to the amount of other acreage computed as
underselection, if any, for the Village Corporation.
(C) The Secretary shall withdraw and the Village Corporation shall select
replacement acreage under this paragraph pursuant to the authority in
section 22(j)(2) of the Act (43 U.S.C. 1621(j)(2)).
(D) Except as provided in subsection (d)(4), in any case in which a Village
Corporation receives an interim conveyance or patent to the surface estate
selected pursuant to section 12(a) of the Act (43 U.S.C. 1611(a)), the
Regional Corporation shall receive an interim conveyance or patent to the
subsurface estate.
(f) CONGRESSIONAL INTENT- Nothing in this section shall be construed as
satisfying, relieving, or otherwise affecting the requirements of section
14(c) of the Act (43 U.S.C. 1613(c)).
(g) LIABILITY FOR HAZARDOUS SUBSTANCES- The United States shall not be
subject to liability for the presence of any hazardous substance in land or
an interest in land solely as a result of any reconveyance to and transfer
by the United States of the land or interest pursuant to this section.

7a5257d083d1fd7c49f99007f5e1df9ac16b5ee8ea5392e1b55f4f2ed9b0f134

Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(c))
is amended--
(1) by inserting `(1)' after `(c)'; and
(2) by adding at the end the following new paragraph:
`(2)(A)(i) Subject to valid existing rights, an unpatented mining claim
or location, or portion thereof, under the general mining laws that is
situated outside the boundaries of a conservation system unit (as such
term is defined in the Alaska National Interest Lands Conservation Act)
and within the exterior boundaries of lands validly selected by a Village
or Regional Corporation pursuant to section 12 or section 14(h) and that
lapses, is abandoned, relinquished, or terminated, declared null and void,
or otherwise expires, after August 31, 1971, because of failure to comply
with requirements of the general mining laws (including the mining laws
of the State of Alaska), is deemed to be null and void for the purposes
of this paragraph. The Secretary shall promptly determine the validity of
such claims or locations within conservation system units.
`(ii) Subject to valid existing rights and to subparagraph (B), the lands
outside a conservation system unit included in a mining claim or location
described in clause (i) shall--
`(I) be considered part of the lands selected pursuant to sections 12 and
14(h) by the Village or Regional Corporation described in clause (i); and
`(II) be eligible for conveyance pursuant to this Act unless specifically
identified and excluded from an initial selection application.
`(iii) Subject to valid existing rights and to subparagraph (B), any portion
outside a conservation system unit of a mining claim or location described
in clause (i) that is situated within the exterior boundaries of lands
conveyed prior to the date of enactment of this paragraph from selections
under section 12 or section 14(h) shall be conveyed pursuant to this Act.
`(B) No lands shall be conveyed pursuant to this subsection if the
conveyance would result in the receipt of title to lands in excess of an
acreage entitlement under this Act.'.

18908a55191dd9fc788c8db7fc7258a43cae97d3a2362af48bb2a8bd51931f97

The Haida Land Exchange Act of 1986 (Public Law 99-664) is amended--
(1) in section 2(a)--
(A) in paragraph (9)--
(i) by striking `as of January 1, 1995'; and
(ii) by striking `on January 1, 1995'; and
(B) by adding at the end the following new paragraph:
`(13) 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 identified in chapter 91 of title 31, United States Code.'; and
(2) by adding at the end the following new section:
`SEC. 13. HAIDA CORPORATION ACCOUNT.
`(a) DEFINITION- As used in this section, the term `property' has the same
meaning as is provided the term in section 12(b)(7) of Public Law 94-204
(43 U.S.C. 1611 note), as amended.
`(b) ESTABLISHMENT- (1) Notwithstanding any other provision of law,
except as provided in subsection (e), on October 1, 1996, the Secretary
of the Treasury, in consultation with the Secretary of the Interior,
shall establish a Haida Corporation Account.
`(2) Beginning on October 1, 1996, the balance of the account shall--
`(A) be available to the Haida Corporation for bidding on and purchasing
property sold at public sale, subject to the conditions described in
paragraph (3); and
`(B) remain available until expended.
`(3)(A) The Haida Corporation may use the account established under paragraph
(1) to bid as any other bidder for property (wherever located) at any
public sale by an agency and may purchase the property in accordance with
applicable laws and regulations of the agency offering the property for
sale. Notwithstanding any other provision of law, the Haida Corporation
may assign without restriction any or all of the accounts upon written
notification to the Secretary of the Treasury and the Secretary of the
Interior.
`(B) In conducting a transaction described in subparagraph (A), an agency
shall accept, in the same manner as cash, any amount tendered from the
account established by the Secretary of the Treasury under paragraph
(1). The Secretary of the Treasury shall adjust the balance of the account
to reflect the transaction.
`(C) The Secretary of the Treasury, in consultation with the Secretary of
the Interior, shall establish procedures to permit the account established
under paragraph (1) to--
`(i) receive deposits;
`(ii) make deposits into escrow when an escrow is required for the sale
of any property; and
`(iii) reinstate to the account any unused escrow deposits in the event
sales are not consummated.
`(c) AMOUNT- (1) The initial balance of the account established in subsection
(b) shall be determined by multiplying--
`(A) the average value per acre of the surface estate of the lands exchanged
to the Haida Corporation pursuant to section 12(b)(3); by
`(B) the number of acres of selection rights that the Haida Corporation
possesses as of October 1, 1996.
`(2) The average value per acre of the lands referred to in paragraph (1)
shall be determined by dividing--
`(A) the fair market value of the surface estate of the lands exchanged
to the Haida Corporation pursuant to section 12(b)(3); by
`(B) the quantity of acres of the lands referred to in subparagraph (A).
`(3) The fair market value of the surface estate of lands shall be determined
as of March 1, 1993, pursuant to subsection (d).
`(d) APPRAISAL- (1)(A) As soon as possible after the date of enactment
of this section, but not later than January 1, 1994, the Secretary of
Agriculture shall commence an appraisal of the surface estate of the
lands exchanged to the Haida Corporation pursuant to section 12(b)(3). In
conducting the appraisal, the Secretary shall include, among other uses of
the lands, the value of the timber on the land (on a conversion return basis
applicable for southeast Alaska within region 10 of the National Forest
System) utilizing the markets then available to the Haida Corporation. The
appraisal shall be based on the Uniform Appraisal Standards for Federal
Land Acquisitions.
`(B) The Haida Corporation shall have the opportunity to present evidence
of value to the Secretary of Agriculture. The Secretary shall provide the
Haida Corporation with a preliminary draft of the appraisal. The Haida
Corporation shall have a reasonable and sufficient opportunity to comment
on the appraisal. The Secretary shall give consideration to the comments and
evidence of value submitted by the Haida Corporation under this subparagraph.
`(2) The Secretary of Agriculture shall complete the valuation of the
surface estate of the lands exchanged to the Haida Corporation pursuant
to section 12(b)(3) not later than January 1, 1996. On completion of the
valuation, the Secretary of Agriculture shall submit the valuation to the
Secretary of the Interior for certification. The Secretary of the Interior
shall forward a certified copy of the valuation to the Haida Corporation.
`(3) If the Haida Corporation disputes the final valuation, the Secretary
of Agriculture and the Haida Corporation may mutually agree to employ
a process of bargaining or some other process of dispute resolution to
determine the value of the lands in question.
`(4) The Secretary of Agriculture and the Haida Corporation may mutually
agree to suspend or modify any of the deadlines under this subsection.
`(e) ELECTION- (1) Not later than 120 days after receipt of a certified
copy of the final valuation from the Secretary of the Interior pursuant
to subsection (d)(2), the Haida Corporation shall make an irrevocable
election between the remaining selection rights of the Haida Corporation
under section 10 and the account described in subsection (b), and shall
notify the Secretary of the Interior of the election.
`(2) If the Haida Corporation--
`(A) elects to utilize the remaining selection rights described in paragraph
(1); or
`(B) fails to notify the Secretary of the Interior of any such election
in a timely manner,
the account described in subsection (b) shall not be established, the Haida
Corporation shall permanently waive any right to the establishment of the
account, and the selection rights of the Haida Corporation under section 10
shall remain unimpaired.
`(3) If the Haida Corporation elects to utilize the account described in
subsection (b), the Haida Corporation shall waive any selection rights under
section 10 as of the date the Haida Corporation notifies the Secretary of
the Interior of the election.
`(f) TREATMENT OF AMOUNTS FROM ACCOUNT- (1) The Secretary of the Treasury
shall deem as cash receipts any amount tendered from the account established
pursuant to subsection (b) and received by agencies as proceeds from a
public sale of property, and shall make any transfers necessary to allow
an agency to use the proceeds in the event an agency is authorized by law
to use the proceeds for a specific purpose.
`(2)(A) Subject to subparagraph (B), the Secretary of the Treasury and
the heads of agencies shall administer sales pursuant to this section in
the same manner as is provided for any other Alaska native corporation
authorized by law as of the date of enactment of this section (including
the use of similar accounts for bidding on and purchasing property sold
for public sale).
`(B) Amounts in an account created for the benefit of a specific Alaska
native corporation may not be used to satisfy the property purchase
obligations of any other Alaska native corporation.'.

f37f086569f79794772ad0276ccef31cc2d42090032c72b0e45c163cbbd55596

Section 1308(a) of the Alaska National Interest Lands Conservation Act
(Public Law 96-487) is amended--
(1) by striking `a conservation system unit' and inserting in lieu thereof
`public lands'; and
(2) by striking `such unit' each place it occurs and inserting in lieu
thereof `public lands'.

da72759847d58eeaef015df490e72db41256f364d60170de902a96f202cf909e

(a) IN GENERAL- (1) Subject to paragraph (2), the November 26, 1991,
agreement entered into between the Sealaska Corporation and the
Forest Service of the Department of Agriculture, entitled `Sealaska
Corporation/United States Forest Service Split Estate Land Exchange
Agreement', is hereby ratified as a matter of Federal law.
(2) The agreement described in paragraph (1) may be modified or amended,
without further action by Congress, upon--
(A) the written agreement of all parties to the agreement described in
paragraph (1); and
(B) notification in writing to the appropriate committees of Congress.
Any such modification may not take effect until 60 days after such
notification.
(b) CONDITIONS- Any conveyance of subsurface acreage to Sealaska Corporation
pursuant to this section shall--
(1) be deemed a conveyance of land pursuant to section 14 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613);
(2) extinguish the entitlements of Sealaska Corporation under the Haida
Land Exchange Act of 1986 (16 U.S.C. 3195 note);
(3) be subject to valid existing rights; and
(4) be in partial fulfillment of the entitlement of the Sealaska Corporation
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

1361fd3ef43a5aa469a0532a611e4cba94d67a8952da602bfb29e7ccd8b398ba

The Haida Land Exchange Act of 1986 (Public Law 99-664) is amended by
adding at the end the following new section:
`SEC. 14. OFFER.
`(a)(1) For and in consideration of the relinquishment and conveyance to
the United States of all Haida Corporation's right, title, and interest
in Lots 2, 3, 4, 5, and 6 of section 18, T. 77S. R. 84 E., C.R.M., and,
in addition, all Haida Corporation's right, title, and interest in a road
easement to be specified by the Secretary 100 feet in total width across
Lot 1 of section 18, T. 77S. R. 84 E., C.R.M., from section 7 of T. 77
S. R. 84 E. C.R.M. to the cooperative information and education branch
site, there are hereby offered to Haida Corporation the following lands
and interests in lands: All right, title, and interest in the subsurface
estate of the Haida Traditional Use Sites.
`(2) Any conveyance of the offered lands and interests described in paragraph
(1) shall be subject to valid existing rights, and shall except and reserve
to the United States the perpetual easements identified in paragraph 18
of the agreement executed September 8, 1988, entitled `Agreement between
United States of America and Haida Corporation Regarding Implementation of
the Haida Traditional Use Sites Exchange Pursuant to 3(a) the Haida Land
Exchange Act of 1986, Pub. L. No. 99-664'. Without limitation to any other
rights reserved under the terms of said easements, any such conveyance
shall also except and reserve the rock, sand, and gravel occurring within
said easement boundaries.
`(b) Haida Corporation shall have 90 days from the date of enactment of
this section within which to accept the offer provided in this section
by providing to the Secretary a properly executed and certified corporate
resolution binding upon the corporation with respect to the relinquishment
and conveyance of all the corporation's right, title, and interest in the
lands specified in subsection (a).
`(c) This section shall be ineffective, and no conveyances shall be
made under this section, if the Secretary of Agriculture, on or before
the date 60 days after the date of enactment of this section, determines
implementation of this section would result in receipt by the United States
of lands less in value than the value of the lands offered for conveyance
to the Haida Corporation.'.

bf02abd33418ce1c5bf60c654b4d982e789762f3c117e609352260900ed46524

(a) WITHDRAWAL OPPORTUNITY- As an offer of settlement, within one year
after enactment of this section, any or all of the Ahtna Group Corporations
of Lower Tonsina, Twin Lakes, Little Lake Louise, Slana, and Nebesna
may withdraw by resolution transmitted to the Secretary of the Interior
(hereafter in this Act referred to as the `Secretary') a pending application
for group eligibility under section 14 of the Alaska Native Claim Settlement
Act (43 U.S.C. 1613) (as amended and supplemented). Such resolution shall
preclude the corporation concerned from any administrative or judicial review
of its entitlement to land and money under such Act, and such withdrawal
of application shall be construed as a dismissal with prejudice of such
corporation's action before the United States District Court for Alaska,
Civ. No. A86-035 and shall be binding upon the corporation and its members.
(b) OFFER- In addition to those rights granted in section 1 of Public Law
94-204, for each Ahtna Group Corporation specified in subsection (a) which
adopts a timely resolution to withdraw its section 14 application or group
eligibility, there shall be a period of 180 days following transmittal
of such resolution to the Secretary, during which each member of such
Ahtna Group Corporation shall have the right to file with the Secretary an
application for conveyance of up to 160 acres of land from the United States
to such individual member as if it were an application for a primary place
of residence under section 14(h)(5) of the Alaska Native Claim Settlement
Act (43 U.S.C. 1613(h)(5)), regulations for such application, and subject
to the following provisions:
(1) the availability of land subject to selection by the applicant shall be
determined as of the date of the individual application: Provided, however
That if the application is for lands selected by Ahtna Regional Corporation
or the State of Alaska after the date of selection by the Group Corporation,
then the subsequent selections shall not attach to the lands selected by
the Group Corporation until after the deadline for filing an application
for primary place of residence: And provided further, That if the lands
relinquished by the Group Corporation or the Ahtna Regional Corporation
lie within the boundaries of a conservation system unit, as defined in the
Alaska National Interest Land Conservation Act, and such selections are
relinquished in order to permit the filing of an application for primary
place of residence, the withdrawal of the conservation system unit shall not
prevent the filing, adjudication, and conveyance of those lands subject to
the application for primary place of residence: And provided further, That
any acreage granted to an applicant for primary place of residence shall
be charged to the share of the Ahtna Regional Corporation under 45 CFR 2653;
(2) the eligibility of the applicant shall be determined as if the
application is an application for a primary place of residence filed with
the Secretary of the Interior on or before December 18, 1973; and
(3) any State selection filed after the date on which the relevant Ahtna
Group Corporation filed its application for section 14 eligibility shall not
attach to lands segregated for the benefit of such Ahtna Group Corporations
until the applications of individual Ahtna Group members herein authorized
have been identified, adjudicated, and conveyed.
(c) EXPEDITING- In order to secure the rapid and certain resolution of
Native lands claims, the United States shall endeavor to reach a final
decision regarding each Ahtna Group member's application for primary place
of residence within one year of its filing and shall otherwise complete the
redetermination process for each Ahtna Group member as required by Public
Law 94-204, as amended, provided that revenues distributed or subject to
distribution under section 7(i) of the Alaska Native Claim Settlement Act
(43 U.S.C. 1606(i)), shall not be retroactively affected by any change in
enrollment occasioned by said redetermination.

ac31dcce44d67bd7b497fb18544c70646e6ef1cf212fcac9cf7fad032fbbf478

(a) DEFINITIONS- As used in this section, the following terms have the
following meanings:
(1) 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 identified in chapter 91 of title 31, United States Code.
(2) The term `conservation system unit' has the same meaning as in the
Alaska National Interest Lands Conservation Act.
(3) The term `Gold Creek' means the Gold Creek Susitna Association,
Incorporated, an Alaska Native Group corporation, organized pursuant to
section 1613(h) of the Settlement Act.
(4) The term `property' has the same meaning given such term by section
12(b)(7) of Public Law 94-204 (43 U.S.C. 1611), as amended.
(5) The term `Region' means Cook Inlet Region Incorporated, an Alaska
Native Regional Corporation which is the appropriate Regional Corporation
for Gold Creek under section 1613(h) of the Settlement Act.
(6) The term `Settlement Act' means the Alaska Native Claims Settlement Act,
as amended (43 U.S.C. 1601 et seq.).
(b) ESTABLISHMENT- (1) Notwithstanding any other provision of law,
except as provided in subsection (e), on October 1, 1996, the Secretary
of the Treasury, in consultation with the Secretary of the Interior,
shall establish a Gold Creek account.
(2) Beginning on October 1, 1996, the balance of the account shall--
(A) be available to the Gold Creek for bidding on and purchasing property
sold at public sale, subject to the conditions described in paragraph
(3); and
(B) remain available until expended.
(3)(A) The Gold Creek may use the account established under paragraph
(1) to bid as any other bidder for property (wherever located) at any
public sale by an agency and may purchase the property in accordance with
applicable laws and regulations of the agency offering the property for sale.
(B) In conducting a transaction described in subparagraph (A), an agency
shall accept, in the same manner as cash, any amount tendered from the
account established by the Secretary of the Treasury under paragraph
(1). The Secretary of the Treasury shall adjust the balance of the account
to reflect the transaction.
(C) The Secretary of the Treasury, in consultation with the Secretary of
the Interior, shall establish procedures to permit the account established
under paragraph (1) to--
(i) receive deposits;
(ii) make deposits into escrow when an escrow is required for the sale of
any property; and
(iii) reinstate to the account any unused escrow deposits in the event
sales are not consummated.
(c) LAND EXCHANGE- No later than one year after the date of enactment of
this section, the Secretary of the Interior shall enter into negotiations to
attempt to conclude, under the authority of section 22(f) of the Settlement
Act, a land exchange to acquire surface estate in lands not within any
conservation system unit from the State of Alaska to enable Gold Creek
to select public lands at Gold Creek, Alaska, as identified by Gold Creek
but in no case to exceed 480 acres.
(d) AMOUNT- (1) The initial balance of the account established in subsection
(b) shall be determined by multiplying--
(A) the average value per acre by
(B) the 3,520 acre Gold Creek entitlement.
(2) If a conveyance is made to Gold Creek pursuant to subsection (c),
paragraph (1), the account shall be reduced by the amount of the actual acres
conveyed by the average value per acre. In order to make such adjustment, the
conveyance must be made by the Secretary of the Interior by October 1, 1996.
(3) The average value per acre of the lands referred to in paragraphs (1)
and (2) of this subsection shall be determined by dividing--
(A) the fair market value as found by the Secretary of the Interior in
subsection (e), paragraph (1) by
(B) the 3,520 acre Gold Creek entitlement.
(4) The fair market value of the surface estate of lands shall be determined
as of the date of enactment of this section pursuant to subsection (e).
(e) APPRAISAL- (1)(A) As soon as possible after the date of enactment of
this section, but not later than January 1, 1994, the Secretary of the
Interior shall find the amount to be credited to the Gold Creek account
by appraising the 3,520 acre Gold Creek entitlement by only considering
parcels 320 acres or less in size, the access to which is secure and the
subsurface to which is in separate ownership, which lie within 50 miles of
Gold Creek and which have been sold since January 1, 1989, and by taking
into consideration other land ownership conditions under the Settlement Act.
(B) Gold Creek shall have the opportunity to present evidence of value to
the Secretary of the Interior. The Secretary of the Interior shall provide
Gold Creek with a preliminary draft of the appraisal. Gold Creek shall have
a reasonable and sufficient opportunity to comment on the appraisal. The
Secretary of the Interior shall give consideration to the comments and
evidence of value submitted by Gold Creek under this subparagraph.
(2) The Secretary of the Interior shall complete the valuation not later
than 9 months after the passage of this Act. The Secretary of the Interior
shall forward a certified copy of the valuation to Gold Creek.
(3) Gold Creek shall have the right to appeal the certified valuation
by the Secretary of the Interior so long as any such appeal is filed no
later than 60 days after the date of such finding to the Office of Hearings
and Appeals. In the event Gold Creek files such a timely appeal, the Gold
Creek account shall be immediately established for the amount set by the
Secretary subject to subsequent upward adjustment pursuant to the outcome
of the appeal process. If Gold Creek is not satisfied with the decision
of the Office of Hearings and Appeals, it may appeal that decision within
one year to the United States District Court.
(4) The Secretary of the Interior and Gold Creek may mutually agree to
suspend or modify any of the deadlines under this subsection.
(f) IMPLEMENTATION- (1) Notwithstanding any other provision of law,
Gold Creek may assign without restriction any or all of the account upon
written notification to the Secretary of the Treasury and the Secretary
of the Interior. Notwithstanding the provisions of subsection (g)(1)(B)
of this section, in the event such assignment is to the Region on notice
from Gold Creek to the Secretary of the Treasury and the Secretary of the
Interior, the amount of such assignment shall be added to or made a part
of the Region's Property Account in the Treasury established pursuant to
section 12(b) of Public Law 94-204 as amended, and may be used in the same
manner as that account.
(2) Upon certification by the Secretary of the Interior of the value
of the account, or following the completion of Gold Creek's appeal of
valuation pursuant to subsection (e), paragraph (3), Gold Creek shall be
deemed to have accepted the terms of this section in lieu of any other
land entitlement it would have received pursuant to the Settlement Act and
such acceptance shall satisfy any and all claims Gold Creek had against
the United States on the date of this enactment.
(3) Any land Gold Creek shall receive from the United States pursuant
to subsection (c), paragraph (1) shall be deemed to have been conveyed
pursuant to the Settlement Act.
(g) TREATMENT OF AMOUNTS FROM ACCOUNT- (1) The Secretary of the Treasury
shall deem as cash receipts any amount tendered from the account established
pursuant to subsection (b) and received by agencies as proceeds from a
public sale of property, and shall make any transfers necessary to allow
an agency to use the proceeds in the event an agency is authorized by law
to use the proceeds for a specific purpose.
(2)(A) Subject to subparagraph (B), the Secretary of the Treasury and
the heads of agencies shall administer sales pursuant to this section in
the same manner as is provided for any other Alaska Native corporation
authorized by law as of the date of enactment of this section (including
the use of similar accounts for bidding on and purchasing property sold
for public sale).
(B) Amounts in an account created for the benefit of a specific Alaska
Native corporation may not be used to satisfy the property purchase
obligations of any other Alaska Native corporation.

543ce244a4cb85f2154d05eae96b3b8a77e80f23a78612b06b9d0e4a049bf5e6

The Administrator of the Federal Aviation Administration shall execute such
instruments as may be necessary to release the condition on lands conveyed
pursuant to Quitclaim Deed dated November 1, 1961, recorded on January
2, 1962, in the Iliamna Recording District, Book 1, Pages 54 through 60,
that such lands revert to the United States in the event that such lands
are not developed, or cease to be used, for airport purposes: Provided,
That the State of Alaska shall first notify the Administrator what lands
are sought to be diverted from airport use and the Administrator shall then
determine which lands may be diverted without adversely affecting the safety,
efficiency, or utility of the airport, and shall confine the release of the
reverter authorized by this section to those lands that may be so diverted.
Passed the House of Representatives July 27, 1992.
Attest:
Clerk.
HR 3157 EH1S----2
HR 3157 EH1S----3
HR 3157 EH1S----4

544abec2da00953cbc03a26c38ef6c87dcae48b10def6fb4548e345a05d82ab2

Alaska Land Status Technical Corrections Act of 1992

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