PART A-AMENDMENTS TO THE ALASKA NATIVE CLAIMS SETTLEMENT ACT
§1401. Stock alienation.
§1402. Selection requirements.
§1403. Retained mineral estate.
§1404. Vesting date for reconveyances.
§1405. Reconveyance to municipal corporations.
§1406. Conveyance of partial estates.
§1407. Shareholder homesites.
§1408. Basis in the land.
§1409. Fire protection.
§1410. Interim conveyances and underselections.
§1411. Escrow account.
§1412. Limitations.
PART B-OTHER RELATED PROVISIONS
§1413. Supplemental appropriation for Native Groups.
§1414. Fiscal Year Adjustment Act.
§1415. Relinquishment of selections partly within conservation units.
§1416. Bristol Bay Group Corporation lands.
§1417. Pribilof Islands acquisition authority.
§1418. NANA/Cook Inlet Regional Corporations lands.
§1419. Doyon Regional Corporation lands.
§1420. Hodzana River study area.
§1421. Conveyance to the State of Alaska.
§1422. Doyon and Fortymile River.
§1423. Ahtna Regional Corporation lands.
§1424. Bering Straits Regional Corporation lands.
§1425. Eklutna Village Corporation lands.
§1426. Eklutna-State Anchorage agreement.
§1427. Koniag Village and Regional Corporation lands.
§1428. Chugach village Corporation lands.
§1429. Chugach Regional Corporation lands.
§1430. Chugach region study.
§1431. Arctic Slope Regional Corporation lands.
§1432. Cook Inlet Village settlement.
§1433. Bristol Bay Native Corporation lands.
§1434. Shee Atika-Charcoal and Alice Island conveyance.
§1435. Amendment to Public Law 94-204.
§1436. Inalik Native Corporation lands.
§1437. Conveyances to Village Corporations.
§1401. (a) §7(h)(3) of the Alaska Native Claims Settlement Act is amended to read as follows:
"(3)(A) On December 18, 1991, all stock previously issued shall be deemed to be canceled, and shares of stock of the appropriate class shall be issued to each stockholder share for share subject only to such restrictions as may be provided by the articles of incorporation of the corporation, or agreements between corporations and individual shareholders.
"(B) If adopted by December 18, 1991, restrictions provided by amendment to the articles of incorporation may include, in addition to any other legally permissible restrictions--
"(i) the denial of voting rights to any holder of stock who is not a Native, or a descendant of a Native, and
"(ii) the granting to the corporation, or to the corporation and a stockholder's immediate family, on reasonable terms, the first right to purchase a stockholder's stock (whether issued before or after the adoption of the restriction) prior to the sale or transfer of such stock (other than a transfer by inheritance) to any other party, including a transfer in satisfaction of a lien, writ of attachment, judgment execution, pledge, or other encumbrance.
"(C) Notwithstanding any provision of Alaska law to the contrary--
"(i) any amendment to the articles of incorporation of a regional corporation to provide for any of the restrictions specified in clause (i) or (ii) of subparagraph (B) shall be approved if such amendment receives the affirmative vote of the holders of a majority of the outstanding shares entitled to be voted of the corporation, and
"(ii) any amendment to the articles of incorporation of a regional corporation which would grant voting rights to stockholders who were previously denied such voting rights shall be approved only if such amendment receives, in addition to any affirmative vote otherwise required, a like affirmative vote of the holders of shares entitled to be voted under the provisions of the articles of incorporation.".
(b) §8(c) of such Act is amended to read as follows:
"(c) The provisions concerning stock alienation, annual audit, and transfer of stock ownership on death or by court decree provided for regional corporations in §7, including the provisions of §(h)(3), shall apply to Village Corporations Urban Corporations and Native Groups; except that audits need not be transmitted to the Committee on Interior and Insular Affairs of the House of Representatives or to the Committee on Energy and Natural Resources of the Senate.".
(c) At the end of §1696(h)(1) of title 43, United States Code, insert immediately before the period the words: "or by stock-holder who is a member of a professional organization, association, or board which limits the ability of that stockholder to practice his profession because of holding stock issued under this Act".
(d) §3 of the Alaska Native Claims Settlement Act is amended by the addition of a new subsection as follows:
"(m) 'Native Corporation' means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Native Group".
SELECTION REQUIREMENTS
§1402. Subsection (a)(2) of §12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)(2)), is amended by adding to the end of that subsection the following: "Provided, That the Secretary in his discretion and upon the request of the concerned Village Corporation, may waive the whole section requirement where--
"(A)(i) a portion of available public lands of a section is separated from other available public lands in the same section by lands unavailable for selection or by a meanderable body of water;
"(ii) such waiver will not result in small isolated parcels of available public land remaining after conveyance of selected lands to Native Corporations; and
"(iii) such waiver would result in a better land pattern or improved land or resource management opportunity; or
"(B) the remaining available public lands in the section have been selected and will be conveyed to another Native Corporation under this Act.".
RETAINED MINERAL ESTATE
§1403. §12(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c)) is amended by adding a new paragraph (4) to read as follows:
"(4) Where the public lands consist only of the mineral estate, or portion thereof, which is reserved by the United States upon patent of the balance of the estate under one of the public land laws, other than this Act, the Regional Corporations may select as follows:
"(A) Where such public lands were not withdrawn pursuant to subsection 11(a)(3), but are surrounded by or contiguous to lands withdrawn pursuant to said subsection and filed upon for selection by a Regional Corporation, the Corporation may, upon request, have such public land included in its selection and considered by the Secretary to be withdrawn and properly selected.
"(B) Where such public lands were withdrawn pursuant to subsection 11(a)(1) and are required to be selected by paragraph (3) of this subsection, the Regional Corporation may, at its option exclude such public lands from its selection.
"(C) Where the Regional Corporation elects to obtain such public lands under subparagraph (A) or (B) of this paragraph, it may select, within ninety days of receipt of notice from the Secretary, the surface estate in an equal acreage from other public lands withdrawn by the Secretary for that purpose. Such selections shall be in units no smaller than a whole section except where the remaining entitlement is less than six hundred and forty acres, or where an entire section is not available Where possible, selections shall be of lands from which the subsurface estate was selected by that Regional Corporation pursuant to subsection 12(a)(1) or 14(h)(9) of this Act and, where possible, all selections made under this section shall be contiguous to lands already selected by the Regional Corporation or a Village Corporation. The Secretary is authorized, as necessary to withdraw up to two times the acreage entitlement of the in lieu surface estate from vacant, unappropriated, and unreserved public lands from which the Regional Corporation may select such in lieu surface estate except that the Secretary may withdraw public lands which had been previously withdrawn pursuant to subsection 17(d)(1).
"(D) No mineral estate or in lieu surface estate shall be available for selection within the National Petroleum Reserve Alaska or within Wildlife Refuges as the boundaries of those refuges exist on the date of enactment of this Act.".
VESTING DATE FOR RECONVEYANCES
§1404. (a) §14(c)(1) of the Alaska Native Claims Settlement Act is amended by inserting "as of December 18, 1971 (except that occupancy of tracts located in the Pribilof Islands shall be determined as of the date of initial conveyance of such tracts to the appropriate Village Corporation)" after "title to the surface estate in the tract occupied".
(b) §14(c)(2) of such Act is amended by inserting "as of December 18, 1971" after "title to the surface estate in any tract occupied".
(c) §14(c)(4) of such Act is amended to read:
"(4) the Village Corporation shall convey to the Federal Government, State, or to the appropriate Municipal Corporation, title to the surface estate for airport sites, airway beacons, and other navigation aids as such existed on December 18, 1971, together with such additional acreage and/or easements as are necessary to provide related governmental services and to insure safe approaches to airport runways as such airport sites, runways, and other facilities existed as of December 18, 1971.".
RECONVEYANCE TO MUNICIPAL CORPORATIONS
§1405. §14(c)(3) of the Alaska Native Claims Settlement Act is amended by striking out the semicolon at the end and inserting in lieu thereof the following new language: "unless the Village Corporation and the Municipal Corporation or the State in trust can agree in writing on an amount which is less than one thousand two hundred and eighty acres: Provided further, That any net revenues derived from the sale of surface resources harvested or extracted from lands reconveyed pursuant to this subsection shall be paid to the Village Corporation by the Municipal Corporation or the State in trust: Provided, however, That the word "sale", as used in the preceding sentence, shall not include the utilization of surface resources for governmental purposes by the Municipal Corporation or the State in trust, nor shall it include the issuance of free use permits or other authorization for such purposes;".
CONVEYANCE OF PARTIAL ESTATES
§1406. (a) §14(h)(l) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1) is amended by replacing the existing paragraph with the following paragraph to read as follows:
"(1) The Secretary may withdraw and convey to the appropriate Regional Corporation fee title to existing cemetery sites and historical places. Only title to the surface estate shall be conveyed for lands located in a Wildlife Refuge, when the cemetery or historical site is greater than 640 acres.".
(b) §14(h)(2) and §14(h)(5) of the Alaska Native Claims Settlement Act (43 U.S C l613 (h)((2) and (h)(5) are amended by adding to the end of each section "unless the lands are located in a Wildlife Refuge".
(c) §14(h)(6) of the Alaska Native Claims Settlement Act (43 U.S.C. 616(h)(6)) is modified by adding at the end thereof the following sentence: "Any minerals reserved by the United States pursuant to the Act of March 8, 1922 (42 Stat. 415), as amended, in a Native Allotment approved pursuant to §18 of this Act during the period December 18, 1971, through December 18, 1975, shall be conveyed to the appropriate Regional Corporation, unless such lands are located in a Wildlife Refuge or in the Lake Clark areas as provided in §12 of the Act of January 2, 1976 (Public Law 94-204), as amended.".
(d) §14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) is amended by adding at the end thereof the following new paragraphs:
"(9) Where the Regional Corporation is precluded from receiving the subsurface estate in lands selected and conveyed pursuant to paragraph (1), (2), (3), or (5), or the retained mineral estate, if any, pursuant to paragraph (6), it may select the subsurface estate in an equal acreage from other lands withdrawn for such selection by the Secretary, or, as to Cook Inlet Region, Incorporated, from those areas designated for in lieu selection in paragraph I.B.(2) of the document identified in §12(b) of Public Law 94-204. Selections made under this paragraph shall be contiguous and in reasonably compact tracts except as separated by unavailable lands, and shall be in whole sections, except where the remaining entitlement is less than six hundred and forty acres. The Secretary is authorized to withdraw, up to two times the Corporation's entitlement, from vacant, unappropriated, and unreserved public lands, including lands solely withdrawn pursuant to §17(d)(1), and the Regional Corporation shall select such entitlement of subsurface estate from such withdrawn lands within ninety days of receipt of notification from the Secretary.
"(10) Notwithstanding the provisions of subsection 22(h), the Secretary, upon determining that specific lands are available for withdrawal and possible conveyance under this subsection, may withdraw such lands for selection by and conveyance to an appropriate applicant and such withdrawal shall remain until revoked by the Secretary.
"(11) For purposes set forth in subsections (h) (1), (2), (3), (5), and (6), the term Wildlife Refuges refers to Wildlife Refuges as the boundaries of those refuges exist on the date of enactment of this Act.".
(e) Any Regional Corporation which asserts a claim with the Secretary to the subsurface estate of lands selectable under §14(h) of the Alaska Native Claims Settlement Act which are in a Wildlife Refuge shall not be entitled to any in lieu surface or subsurface estate provided by subsections 12(c)(4) and 14(h)(9) of such Act. Any such claim must be asserted within one hundred and eighty days after the date of enactment of this Act. Failure to assert such within the one-hundred-and-eighty-day period shall constitute a waiver of any right to such subsurface estate in a Wildlife Refuge as the boundaries of the refuge existed on the date of enactment of the Alaska Native Claims Settlement Act.
SHAREHOLDER HOMESITES
§1407. §21 of the Alaska Native Claims Settlement Act is amended by adding a new subsection at the end thereof, as follows:
"(j) A real property interest distributed prior to December 18, 1991, by a Village Corporation to a shareholder of such Corporation pursuant to a program to provide homesites to its shareholders, shall be deemed conveyed and received pursuant to this Act: Provided, That the land received is restricted by covenant for a period not less than ten years to single-family (including traditional extended family customs) residential occupancy, and by such other covenants and retained interests as the Village Corporation deems appropriate: Provided further, That the land conveyed does not exceed one and one-half acres: Provided further, That the shareholder receiving the homesite, if the shareholder subdivides the land received, shall pay all Federal, State, and local taxes which would have been incurred but for this subsection, together with simple interest at six percent per annum calculated from the date of receipt of the land to be paid to the appropriate taxing authority.".
BASIS IN THE LAND
§1408. §21(c) of the Alaska Native Claims Settlement Act is amended to read as follows:
"(c) The receipt of land or any interest therein pursuant to this Act or of cash in order to equalize the values of properties exchanged pursuant to subsection 22(f) shall not be subject to any form of Federal, State, or local taxation. The basis for determining gain or loss from the sale or other disposition of such land or interest in land for purposes of any Federal, State, or local tax imposed on or land at the time of receipt, adjusted as provided in §1016 of the Internal Revenue Code of 1954, as amended: Provided, however, That the basis of any such land or interest therein attributable to an interest in a mine, well, other natural deposit, or block of timber shall be not less than the fair value of such mine, well, natural deposit, or block of timber (or such interest therein as the Secretary shall convey) at the time of the first commercial development thereof adjusted as provided in §1016 of such Code. For purposes of this subsection, the time of receipt of land or any interest therein shall be the time of the conveyance by the Secretary of such land or interest (whether by interim conveyance or patent).".
FIRE PROTECTION
§1409. Subsection (e) of §21 of the Alaska Native Claims Settlement Act (43 U.S.C. 1620(e)) is amended by inserting the words corporation organized under §14(h)(3)," after "Native group," by replacing the comma following the citation "(64 Stat. 967, 1100)" with a period, and by making a revised sentence out of the remaining phrase by striking the words "and" and "also", replacing the comma after the word "lands" with the words "they shall", and replacing the word "forest" with "wildland".
INTERIM CONVEYANCES AND UNDERSELECTIONS
§1410. §22(.1) of the Alaska Native Claims Settlement Act is amended to read as follows:
"(j)(1) Where lands to be conveyed to a Native, Native Corporation or Native group pursuant to this Act as amended and supplemented have not been surveyed, the same may be conveyed by the issuance of an 'interim conveyance' to the party entitled to the lands. Subject to valid existing rights and such conditions and reservations authorized by law as are imposed, the force and effect of such an interim conveyance shall be to convey to and vest in the recipient exactly the same right, title, and interest in and to the lands as the recipient would have received had he been issued a patent by the United States. Upon survey of lands covered by an interim conveyance a patent thereto shall be issued to the recipient. The boundaries of the lands as defined and conveyed by the interim conveyance shall not be altered but may then be redescribed, if need be, in reference to the plat of survey. The Secretary shall make appropriate adjustments to insure that the recipient receives his full entitlement. Where the term 'patent,' or a derivative thereof, is used in this Act, unless the context precludes such construction, it shall be deemed to include 'interim conveyance,' and the conveyances of land to Natives and Native Corporations provided for this Act shall be as fully effectuated by the issuance of interim conveyances as by the issuance of patents.
"(2) Where lands selected and conveyed, or to be conveyed to a Village Corporation are insufficient to fulfill the Corporation's entitlement under subsection 12(b), 14(a), 16(b), or 16(d), the Secretary is authorized to withdraw twice the amount of unfulfilled entitlement and provide the Village Corporation ninety days from receipt of notice from the Secretary to select from the lands withdrawn the land it desires to fulfill its entitlement. In making the withdrawal, the Secretary shall first withdraw public lands that were formerly withdrawn for selection by the concerned Village Corporation by or pursuant to subsection 11(a)(1), 11(a)(3), 16(a), or 16(d). Should such lands no longer be available, the Secretary may withdraw public lands that are vacant, unreserved, and unappropriated, except that the Secretary may withdraw public lands which had been previously withdrawn pursuant to subsection 17(d)(1). Any subsequent selection by the Village Corporation shall be in the manner provided in this Act for such original selections.".
ESCROW ACCOUNT
§1411. (a) Subsection (a) of §2 of Public Law 94-204 (8 Stat. 1146) is amended to read as follows:
"§2. (a)(1) During the period of the appropriate withdrawal for Payments. selection pursuant to the Settlement Act, any and all proceeds derived from contracts, leases, licenses, permits, rights-of-way, or easements, or from trespass occurring after the date of withdrawal of the lands for selection, pertaining to lands or resources of lands withdrawn for Native selection pursuant to the Settlement Act shall be deposited in an escrow account which shall be held by the Secretary until lands selected pursuant to that Act have been conveyed to the selecting Corporation or individual entitled to receive benefits under such Act. "(2) Such proceeds which were received, if any, subsequent to the date of withdrawal of the land for selection, but were not deposited in the escrow account shall be identified by the Secretary within two years of the date of conveyance or this Act, whichever is later, and shall be paid, together with interest payable on the proceeds from the date of receipt by the United States to the date of payment to the appropriate Corporation or individual to which the land was conveyed by the United States: Provided, That interest shall be paid on the basis of a semiannual computation from the date of receipt of the proceeds by the United States to the date of payment with simple interest at the rate determined by the Secretary of the Treasury to be the rate payable on short-term obligations of the United States prevailing at the time of payment: Provided further, That any rights of a Corporation or individual under this section to such proceeds shall be limited to proceeds actually received by the United States plus interest: And provided further, That moneys for such payments have been appropriated as provided in subsection (e) of this section.
"(3) Such proceeds which have been deposited in the escrow account shall be paid, together with interest accrued by the Secretary to the appropriate Corporation or individual upon conveyance of the particular withdrawn lands. In the event that a conveyance does not cover all of the land embraced within any contract, lease, license, permit, right-of-way, easement, or trespass, the Corporation or individual shall only be entitled to the proportionate amount of the proceeds, including interest accrued, derived from such contract, lease, license, permit, right-of-way, or easement, which results from multiplying the total of such proceeds, including interest accrued, by a fraction in which the numerator is the acreage of such contract, lease, license, permit, right-of-way, or easement which is included in the conveyance and the denominator is the total acreage contained in such contract, lease, license, permit, right-of-way, or easement; in the case of trespass, the conveyee shall be entitled to the proportionate share of the proceeds, including a proportionate share of interest accrued, in relation to the damages occurring on the respective lands during the period the lands were withdrawn for selection.
"(4) Such proceeds which have been deposited in the escrow account pertaining to lands withdrawn but not selected pursuant to such Act, or selected but not conveyed due to rejection or relinquishment of the selection, shall be paid, together with interest accrued, as would have been required by law were it not for the provisions of this Act.
"(5) Lands withdrawn under this subsection include all Federal lands identified under appendices A, B-l and B-2 of the document referred to in §12 of the Act of January 2, 1976 (Public Law 94-204) for Cook Inlet Region, Incorporated, and are deemed withdrawn as of the date established in subsection (a) of §2 of the Act of January 2, 1976.".
(b) §2 of Public Law 94-204 (89 Stat. 1146) is amended by adding a new subsection to read as follows:
"(e) There is authorized to be appropriated such sums as are necessary to carry out the purposes of this section.".
LIMITATIONS
§1412. Except as specifically provided in this Act, (i) the provisions of the Alaska Native Claims Settlement Act are fully applicable to this Act, and (ii) nothing in this Act shall be construed to alter or amend any of such provisions.
PART B-OTHER RELATED PROVISIONS
SUPPLEMENTAL APPROPRIATION FOR NATIVE GROUPS
§1413. The Secretary shall pay by grant to each of the Native Corporations established pursuant to §14(h)(2) of the Alaska Native Claims Settlement Act and finally certified as a Native Group, an amount not more than $100,000 or less than $50,000 adjusted according to population of each Group. Funds authorized under this section may be used only for planning, development, and other purposes for which the Native Group Corporations are organized under the Settlement Act.
FISCAL YEAR ADJUSTMENT ACT
§1414. (a) Moneys appropriated for deposit in the Alaska Native Fund for the fiscal year following the enactment of this Act, shall, for the purposes of §5 of Public Law 94-204 only, be deposited into the Alaska Native Fund on the first day of the fiscal year for which the moneys are appropriated, and shall be distributed at the end of the first quarter of the fiscal year in accordance with §6(c) of the Alaska Native Claims Settlement Act notwithstanding any other provision of law.
(b) For the fiscal year in which this Act is enacted, the money appropriated shall be deposited within 10 days of enactment, unless it has already been deposited in accordance with existing law, and shall be distributed no later than the end of the quarter following the quarter in which the money is deposited: Provided, That if the money is already deposited at the time of enactment of this Act, it must be distributed at the end of the quarter in which this Act is enacted.
(c) Notwithstanding §38 of the Fiscal Year Adjustment Act or any other provisions of law, interest earned from the investment of appropriations made pursuant to the Act of July 31, 1976 (Public Law 94-373; 90 Stat. 1051), and deposited in the Alaska Native Fund on or after October 1, 1976, shall be deposited in the Alaska Native Fund within thirty days after enactment of this Act and shall be distributed as required by §6(c) of the Alaska Native Claims Settlement Act.
RELINQUISHMENT OF SELECTIONS PARTLY WITHIN CONSERVATION UNITS
§1415. Whenever a valid State or Native selection is partly in and partly out of the boundary of a conservation system unit, notwithstanding any other provision of law to the contrary, the State or any Native Corporation may relinquish its rights in any portion of any validly selected Federal land, including land underneath waters, which lies within the boundary of the conservation system unit. Upon relinquishment, the Federal land (including land underneath waters) so relinquished within the boundary of the conservation system unit shall become, and be administered as, a part of the conservation system unit. The total land entitlement of the State or Native Corporation shall not be affected by such relinquishment. In lieu of the lands and waters relinquished by the State, the State may select pursuant to the Alaska Statehood Act as amended by this Act, an equal acreage of other lands available for such purpose. The Native Corporation may retain an equal acreage from overselection lands on which selection applications were otherwise properly and timely filed. A relinquishment pursuant to this section shall not invalidate an otherwise valid State or Native Corporation land selection outside the boundaries of the conservation system unit, on the grounds that, after such relinquishment, the remaining portion of the land selection no longer meets applicable requirements of size, compactness, or contiguity, or that the portion of the selection retained immediately outside the conservation system unit does not follow section lines along the boundary of the conservation system unit. The validity of the selection outside such boundary shall not be adversely affected by the relinquishment.
BRISTOL BAY GROUP CORPORATION LANDS
§1416. (a) Congress finds that the individual Natives enrolled to Port Alsworth are enrolled at-large in the Bristol Bay Native Corporation. The roll prepared by the Secretary shall be determinative of this fact and such enrollment shall be final.
(b) The individual Natives enrolled to Port Alsworth have formed a group corporation which shall hereafter be referred to as Tanalian Incorporated. The benefits bestowed by this section upon these Natives shall accrue to such group corporation, regardless of its name.
(c) If Tanalian Incorporated is certified as a group under the Alaska Native Claims Settlement Act, Tanalian Incorporated shall be entitled to make selections in accordance with subsection (d) hereof.
(d)(1) Tanalian Incorporated if certified shall be entitled to make selections of the surface estate of public lands as that term is described in §3(e) of the Alaska Native Claims Settlement Act from the following described lands, except it may not select any land of Power Site Reserve 485 (the Kontrashibuna Power Site), land acquired by the United States after January 1, 1979, or land subject to a valid existing right, in the amount agreed to by Bristol Native Corporation (not to exceed 320 acres per person or 2,240 acres, whichever is less) and charged against Bristol Bay Native Corporation's rights to select under §14(h) as provided for in 43 CFR 2653.1(b):
Seward Meridian Township 1 north, Range 29 west, sections 3, 4, 5, 8, 9, 10, 16, 17, 18, 19, 20, and 21.
(2) If Tanalian Incorporated is certified as a group, the Secretary shall give written notice within sixty days of such certification to Bristol Bay Native Corporation.
(3) If such notice is given, Bristol Bay Native Corporation shall within sixty days thereafter, give written notice to the Secretary and Tanalian Incorporated as to the amount of acreage Tanalian Incorporated may select.
(4) Within one hundred and eighty days after receipt of such notice Tanalian Incorporated may select, pursuant to §14(h)(2) of the Alaska Native Claims Settlement Act, the lands withdrawn pursuant to subsection (d)(1).
(5) Within one hundred and eighty days after Tanalian Incorporated makes selections in accordance with subsection (d)(1) hereof, Bristol Bay Native Corporation may select subject to any valid existing right an amount of subsurface estate from public lands as defined in the Alaska Native Claims Settlement Act previously withdrawn under §11(a)(1) or §11(a)(3) of the Alaska Native Claims Settlement Act within its boundaries equal to the surface estate entitlement of Tanalian Incorporated. Bristol Bay Native Corporation will forego in lieu subsurface selections in that portion of the Nondalton withdrawal area which falls within the Lake Clark Preserve. Selections made by Bristol Bay Native Corporation shall have priority over any selections made by the State after December 8, 1975. Such subsurface selections shall be in a single contiguous and reasonably compact tract and the exterior boundaries of such sections shall be in conformity with the public lands survey system.
(e) If there is any conflict between selections made by Tanalian Incorporated pursuant to this section and valid Cook Inlet Region Incorporated or Cook Inlet Region Village selections, the selections of Cook Inlet Region, Incorporated or the Cook Inlet Region Village shall prevail.
(f) The Secretary shall convey to Tanalian Incorporated and to Bristol Bay Native Corporation the surface and subsurface estate, respectively, of the acreage selected by the corporation pursuant to this section.
(g) Nothing contained in this section, or done pursuant to authorizations made by this section, shall alter or affect the acreage entitlements of Cook Inlet Region, Incorporated, or Bristol Bay Native Corporation pursuant to §12(c) of the Alaska Native Claims Settlement Act nor the boundaries of Cook Inlet Region, Incorporated or Bristol Bay Native Corporation, respectively.
PRIBILOF ISLANDS ACQUISITION AUTHORITY
§1417. (a) Congress finds and declares that--
(1) certain cliff areas on Saint Paul Island and Saint George Island of the Pribilof Islands group in the Bering Sea and the entirety of Otter Island, and Walrus Island, are used by numerous species of migratory birds, several of them unique, as rookeries;
(2) these areas are of singularly high value for such birds;
(3) these cliff areas, from the line of mean high tide to and including the bluff and areas inland from them, and the entirety of Otter Island, and Walrus Island, aggregating approximately eight thousand acres, properly ought to be made and be managed as a part or parts of the Alaska Maritime National Wildlife Refuge free of any claims of Native Corporation ownership; and
(4) this can best be accomplished through purchase by the United States.
(b) The Secretary is authorized and directed to acquire the lands described in subsection (a)(3) of this section on the terms of and conditions set forth in the Agreement known as the "Pribilof Terms and Conditions", between Tanadgusix, Incorporated, Tanaq, Incorporated, the Aleut Corporation, and the Department of the Interior incorporated as an Attachment of the letter of the Director, Fish and Wildlife Service, Department of the Interior, dated August 4, 1980 file reference FWS 1366, addressed to the Aleut, Tanadgusix, and Tanaq Corporations. The "Pribilof Terms and Conditions," as referenced in this subsection, are hereby ratified as to the duties and obligations of the United States and its agencies, Tanadgusix, Incorporated, Tanaq, Incorporated, and the Aleut Corporation: Provided, That the "Pribilof Terms and Conditions" may be modified or amended, upon the written agreement of all parties thereto and appropriate notification in writing to the appropriate committees of the Congress, without further action by the Congress. Upon acquisition by the United States, the lands described in such subsection (a)(3) shall be incorporated within, and made a subunit of, the Alaska Maritime National Wildlife Refuge and administered accordingly.
(c) There are hereby authorized to be appropriated for the purposes of this section, out of any money in the Treasury not otherwise appropriated, for the acquisition of such lands, not to exceed $7,500,000, to remain available until expended, and without regard to fiscal year limitation.
(d) The land or money exchanged under this section shall be deemed to be property exchanged within the meaning of §21(c) of the Alaska Native Claims Settlement Act.
NANA/COOK INLET REGIONAL CORPORATION LANDS
§1418. (a) The following lands are hereby withdrawn for selection pursuant to the provisions of §14(h)(8) of the Alaska Native Claims Settlement Act and this section:
Kateel River Meridian Township 32 north, range 18 west, sections 3 through 10, 13 through 36, except those lands within the Kelly River drainage;
Township 32 north, range 17 west, sections 29 through 32 except those lands within the Kelly River drainage;
Township 31 north, range 18 west;
Township 31 north, range 17 west, sections 5 through 8, except those lands within the Kelly River drainage, 17 through 20, 29 through 32;
Township 30 north, range 19 west, sections 1 through 18;
Township 30 north, range 18 west, sections 1 through 9; and
Township 30 north, range 17 west, section 6.
(b)(1) On or prior to one hundred and eighty days from the date of enactment of this Act, NANA Regional Corporation, Incorporated, may select, pursuant to §14(h)(8) of the Alaska Native Claims Settlement Act, from the lands withdrawn pursuant to subsection (a). In addition, on or prior to such date, Cook Inlet Region, Incorporated if it receives the written consent of NANA Regional Corporation Incorporated, and of the State of Alaska, may select from such lands such selections to be credited against the Secretary's obligation under paragraph I(C)(1) of the document entitled, "Terms and Conditions for Land Consolidation and Management in the Cook Inlet Area as Clarified August 31, 1976", and any such selections conveyed shall be conveyed in partial satisfaction of the entitlement of Cook Inlet Region, Incorporated, under §12 of Public Law 94-204, as amended.
(2) The lands selected by NANA Regional Corporation, Incorporated, or Cook Inlet Region, Incorporated, unless otherwise provided in a waiver of this paragraph (b)(2) by the Secretary, shall consist of tracts which--
(A) contain not less than eight sections or 5,120 acres, which-ever is less; and
(B) have boundaries which follow section lines, except where such boundary is the border of a meanderable body of water, with no segment of an exterior line less than two miles in length (except where shorter segments are necessary (1) to follow section lines where township lines are offset along standard parallels caused by the convergence of meridians, (2) to conform to section lines where a section is less than standard size, or (3) to avoid crossing the boundary lines of conservation system units created by this Act, or of lands which are unavailable for selection).
(c) The Secretary shall convey the surface and subsurface estate of acreage selected pursuant to subsection (b). Conveyances pursuant to this section shall be subject to valid existing rights and the provisions of the Alaska Native Claims Settlement Act.
(d) Nothing in this section shall be deemed to increase or decrease the acreage entitlement of either NANA Regional Corporation Incorporated, or Cook Inlet Region, Incorporated under any section of the Alaska Native Claims Settlement Act.
(e) Any lands withdrawn under subsection (a) and not selected by either NANA Regional Corporation, Incorporated or Cook Inlet Region, Incorporated, shall return to the public domain subject to any prior withdrawals made by the Secretary pursuant to subsection 17(d)(1) of the Alaska Native Claims Settlement Act and the provisions of §906(k) of this Act.
(f) Nothing in this section shall be construed as granting or denying to any Regional Corporation, including NANA Regional Corporation, Incorporated, or Cook Inlet Region, Incorporated, the right to select land pursuant to §14(h)(8) of the Alaska Native Claims Settlement Act outside the areas withdrawn by §11 and §16 of such Act.
DOYON REGIONAL CORPORATION LANDS
§1419. LAND EXCHANGE.--(a)(1) The Secretary is authorized, on the terms and conditions provided in this section and in §1420, to accept from Doyon, Limited, a Regional Corporation organized pursuant to the Alaska Native Claims Settlement Act, a relinquishment of all selections filed by that corporation under §12(c) and §14(h)(8) of such Act which--
(A) lie within the watershed of the Charley River, were withdrawn for selection by Doyon pursuant to §11(a)(3) of such Act and lie within the following townships:
Fairbanks Meridian Township 2 north, range 23, 24, 25, and 26 east;
Township 3 north, range 23, 24, 25, and 26 east;
Township 4 north, range 24, 25, and 26 east; and
Township 2 south, range 20 east.
(B) lie in the following townships outside but adjacent to, the Charley River watershed:
Fairbanks Meridian Township 2 north, range 23 east; and
Township 2 north, range 24 east sections 19 through 21, 28 through 33, inclusive.
(C) lie within the following townships inside the Kanuti National Wildlife Refuge:
Fairbanks Meridian Township 15 north, range 20 west, Sections 4 through 9, 16 through 18, inclusive;
Township 17 north, range 23 west.
(D) lie within the following townships along the Yukon River:
Kateel River Meridian Township 19 south, range 3 west. That portion lying west of the mean high water line of the Yukon River;
Township 20 south, range 3 west. All except the Yukon River and Bullfrog Island;
Township 21 south, range 3 west. That portion of sections 7, 8, and 9, lying south of Honeymoon Slough, and section 16, 17, and 18; and
Township 21 south, range 4 west. Sections 12 and 13 above the mean high water line of the Yukon River, and sections 2, 3, 10, 11, 14, 15, 19 through 23, and 27 through 34 all lying west of the mean high water line of the Yukon River.
(2) Doyon, Limited, shall have ninety days after the date of enactment of this Act to effect the relinquishment of all the land selections described in subsection (a) hereof, and shall not be entitled to any of the benefits of subsections (b), (c), and (d) hereof or of §1420 of this Act if the relinquishment of all such selections does not occur during that period.
(3) Following the relinquishment by Doyon, Limited, of all the land selections described in subsection (a) hereof, the Secretary shall determine the acreage so relinquished by such measuring techniques, including aerial photography but not ground surveys, upon which he and Doyon may agree.
(b)(1) In exchange for the lands relinquished pursuant to subsection (a) hereof, the Secretary shall convey to Doyon, Limited, pursuant to the provisions of the Alaska Native Claims Settlement Act, subject to valid existing rights and on the terms and conditions hereinafter set forth, such lands as Doyon may select, within one year after the Secretary's acreage determination pursuant to subsection (a)(3) hereof, on an acre-for-acre basis up to the total acreage so relinquished, from the following described lands:
Fairbanks Meridian Township 35 north, range 7 west, sections 19 through 36;
Township 34 north, range 7 west, sections 1 through 21, and 28 through 33;
Township 29 north, range 13 west, sections 1 through 3, and 10 through 15;
Township 20 north, range 10 west, within the study areas delineated in §1420;
Township 20 north, range 11 west, within the study area delineated in §1420;
Township 20 north, range 12 west, within the study area delineated in §1420 and all remaining lands in the township which are outside of the Hodzana River watershed;
Township 21 north, range 10 west, within the study area delineated in §1420;
Township 21 north, range 11 west, within the study area delineated in §1420 and all the remaining lands in the township which are outside of the Hodzana River watershed;
Township 21 north, range 12 west, within the study area delineated in §1420 and all remaining lands in the township which are outside of the Hodzana River watershed;
Township 1 north, range 25 east, sections 13, 14, 15, 21 through 28, and 33 through 36; Provided, That Doyon may not receive a land conveyance within any of the following watersheds:
(1) Arctic Creek, a tributary of Flume Creek;
(2) Diamond Fork of the Seventy-mile River; and
(3) Copper Creek, a tributary of the Charley River.
Township 1 south, range 25 east, sections 1, 2, 3, 10 through 14, 23, 24, and 25: Provided, That Doyon may not receive a land conveyance within the watershed of Copper Creek, a tributary of the Charley River;
Township 3 south, range 30 east, sections 20 through 29 and 32 through 36;
Township 4 south, range 28 east, sections 10 through 15, 22 through 28, 33 and 36; Provided, That Doyon may not receive a land conveyance any closer than one mile to the mean high water line of the North Fork of the Fortymile River, nor any closer than one-half mile to Champion Creek;
Township 4 south, range 29 east, sections 18 through 22, and 25 through 36: Provided, That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek;
Township 4 south, range 30 east, sections 1, 2, 11, 12, 13, 24, 25 and 28 through 36: Provided, That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek;
Township 4 south, range 31 east, sections 6, 7, 8, 17 through 20 and 29 through 32: Provided, That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek;
Township 5 south, range 30 east, sections 1 through 6, 11, and 12: Provided, That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek;
Township 5 south, range 31 east, sections 4 through 9: Provided, That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek;
Township 5 south, range 25 east, sections 12, 13, and 24: Provided, That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of the Middle Fork of the Fortymile River;
Township 5 south, range 26 east, sections 7, 8, and 17 through 20: Provided, That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of the Middle Fork of the Fortymile River;
Township 6 south, range 18 east, sections 4 through 9 and 16 through 18;
Township 7 south, range 17 east, sections 12, 13, 24, 25, 26, and 36;
Township 7 south, range 18 east, sections 7, 8, 17, through 20, and 29 through 32;
Township 8 south, range 18 east, sections 1 through 4, 9 through 16, 21 through 28, and 33 through 36;
Township 6 south, range 28 east, sections 31 through 33: Provided, That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Hutchison Creek;
Township 7 south, range 28 east, sections 4 through 9, 14 through 23, and 26 through 35;
Township 8 south, range 28 east, sections 2 through 11, and 14 through 18;
Township 7 south, range 21 east, sections 11 through 14, 23 through 26, 35, and 36; and
Township 7 south, range 22 east, sections 2 through 11.
Copper River Meridian Township 27 north, range 6 east, sections 1, 2, 11, and 12;
Township 27 north, range 7 east, sections 1 through 12;
Township 28 north, range 7 east, sections 31 through 36; and
Township 28 north, range 6 east, sections 35 and 36.
(2) Unless a waiver of any such requirement is obtained from the Secretary, the lands selected by Doyon pursuant to subsection (b)(1) shall consist of tracts which: (a) contain not less than eight sections or five thousand one hundred and twenty acres, whichever is smaller, except for the last tract required to complete Doyon's land entitlement; and (b) have boundaries which follow section lines, except where such boundary is the border of a navigable body of water, with no segment of an exterior line less than two miles in length (except where shorter segments are necessary to follow section lines where township lines are offset along standard parallels caused by the convergence of meridians, to conform to section lines where a section is less than standard size, or to avoid crossing the boundary lines of conservation system units created by this Act, or of lands which are unavailable for selection). Selections under subsection (b)(1), subsection (c), and §1420 shall not be subject to or charged against the maximum acreage limitations set forth in paragraph 3B(2) (a) and (b) of the Stipulation and Agreement entered into by Doyon and the Secretary in Doyon, Limited against Morton, civil action numbered 1586-73, in the United States District Court for the District of Columbia.
(3) The lands selected by Doyon, Limited, and conveyed by the Secretary pursuant to subsection (b) hereof shall be treated as if such lands had been withdrawn pursuant to §11(a)(3) of the Alaska Native Claims Settlement Act and had been selected by Doyon pursuant to §12(c) of that Act. A failure by Doyon Limited, to select its total land entitlement under subsection (b)(1) shall not affect Doyon's total land entitlement under §12(c) and §14(h)(8) of such Act.
(4) Beginning on the date of enactment of this Act, the lands described in subsection (b)(1) hereof shall be withdrawn from all forms of appropriation under the public land laws as if such lands had been withdrawn pursuant to §11(a) of the Alaska Native Claims Settlement Act. The Secretary is authorized to terminate such withdrawal with respect to lands not selected by Doyon Limited, either one year after the Secretary's acreage determination pursuant to subsection (a)(3) hereof or, with respect to the lands subject to such release, upon the giving of notice by Doyon to the Secretary that the corporation is releasing its selection rights under this paragraph to all or part of the withdrawn lands, whichever first occurs. Such withdrawal shall not prevent reasonable surface studies or mineral exploration, including core drilling, by Doyon or its assigns on the lands withdrawn, subject to such rules and regulations as the Secretary may prescribe: Provided, That the issuance of regulations under this subparagraph, or any permits thereunder shall not be subject to any requirement for preparation or submission of an environmental impact statement contained in the National Environmental Policy Act of 1969.
(c)(1) During the withdrawal period specified in subsection (b)(4) hereof, the lands so withdrawn shall also be available for selection by Doyon, Limited, subject to the requirements of subsection (b)(2), in whole or partial satisfaction of its land entitlement under §14(h)(8) of the Alaska Native Claims Settlement Act, and the period of withdrawal shall be extended with respect to any lands so selected until the date of conveyance pursuant to §14(e) of such Act. The Secretary shall issue a decision to convey title to the lands selected by Doyon pursuant to this subparagraph, subject to valid existing rights within one hundred and eighty days after each selection.
(2) At any time after enactment of this Act, but no later than six months after termination of the withdrawal provided in subsection (b)(4) hereof, any or all of the land entitlement of Doyon, Limited under §14(h)(8) of the Alaska Native Claims Settlement Act may be satisfied by Doyon's identification of the appropriate acreage within lands withdrawn pursuant to §11(a)(3) of the Alaska Native Claims Settlement Act, which were selected by Doyon on or before December 18, 1975, under §12(c) of such Act, and have not been relinquished. Upon identification by Doyon, Limited, under this paragraph, such acreage shall no longer be deemed a §12(c) selection, shall be charged against Doyon's §14(h)(8) land entitlement and shall be conveyed by the Secretary to Doyon in accordance with the provisions of the Alaska Native Claims Settlement Act.
(3) In the event Doyon, Limited, effects a relinquishment under subsection (a) hereof, and the provisions of this paragraph thus become operative, the corporation shall not thereafter make selections under §14(h)(8) of the Alaska Native Claims Settlement Act on lands which were (a) withdrawn pursuant to §11(a), but not selected under §12(c) of such Act and (b) lie within a conservation system unit created or expanded pursuant to this Act: Provided, That all Doyon's other selection rights under §14(h)(8) shall not be affected.
(d)(1) In recognition of the potential need of Doyon, Limited, for Rights-of-way access in a southerly direction from its landholdings in the water sheds of the Kandik and Nation Rivers across the Yukon River, the Secretary shall review applications submitted by Doyon, Limited, for one or more rights-of-way which, in order to provide such access would pass through public lands within the Yukon-Charley National Preserve.
(2) The Secretary shall approve an application reviewed under paragraph (1) of this subsection, and shall grant the right-of-way requested in such application, if he determines that there exists no economically feasible or otherwise reasonably available alternative.
(3) Each right-of-way granted under this subsection shall be subject to such reasonable regulations issued by the Secretary as are necessary to minimize the adverse impact of such right-of-way upon any conservation system unit.
(4) No rights-of-way shall be granted under this subsection which would cross the Charley River or which would involve any lands within the watershed of the Charley River.
HODZANA RIVER STUDY AREA
§1420. (a) Subject to the provisions of §1419 (b) and (c) of this Act, the following described lands, during the period of withdrawal specified in §1419(b)(4), shall be set aside and managed as a study area by the United States Fish and Wildlife Service in cooperation with Doyon, Limited:
Beginning at elevation point 2970 which lies within the northeast one-quarter of section 10, township 21 north, range 9 west Fairbanks meridian;
thence westerly following the crest of the ridgeline of which elevation point 2970 is a part through sections 10, 9, 8, 7, and 6 of township 21 north, range 9 west Fairbanks meridian to the true point of beginning which is the intersection of the crest of the ridgeline of which elevation point 2970 is a part with the township line which separates section 6, township 21 north, range 9 west Fairbanks meridian and section 1, township 21 north, range 10 west Fairbanks meridian;
thence from the true point of beginning, westerly following the crest of the ridgeline of which elevation point 2970 is a part through sections 1, 2, 3, 4, 9, 8, 5, 7, and 6 of township 21 north range 10 west Fairbanks meridian, and through sections 1, 2, and 3 of township 21 north, range 11 west Fairbanks meridian to the intersection of the crest of the aforementioned ridgeline with the crest of the ridgeline which is the watershed boundary between the Hodzana River and west flowing tributaries of the South Fork of the Koyukuk River;
thence southerly and westerly along the crest of this watershed boundary through sections 3, 10, 15, 16, 17, 20, 21, 29, 32, and 31 of township 21 north, range 11 west Fairbanks meridian, section 36 of township 21 north, range 12 west Fairbanks meridian, sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 36, 34, and 35 of township 20 north, range 12 west Fairbanks meridian, and to the northeast one-quarter of section 3, township 19 north, range 12 west Fairbanks meridian where the crest of the watershed of the Hodzana River turns in an easterly direction and becomes, first the divide between the watershed of the Hodzana and Kanuti Rivers and then the divide between the Hodzana and Dall Rivers;
thence easterly along the crest of this watershed to the peak of Dall Mountain which lies within the southeast one-quarter of section 1, township 19 north, range 11 west Fairbanks meridian;
thence northeasterly along the crest of Dall Mountain to the intersection of the crest of Dall Mountain with the line between township 20 north, range 9 west Fairbanks meridian and township 20 north, range 10 west Fairbanks meridian which intersection lies approximately on elevation point 3491, the highest point of Dall Mountain on the eastern line of section 36 township 20 north, range 10 west Fairbanks meridian; and
thence north along the township line between townships 20 and 21 north, ranges 9 and 10 west Fairbanks meridian to the true point of beginning at the intersection of the crest of the heretofore described west trending ridgeline and this township line, which point lies between section 6 township 21 north, range 9 west Fairbanks meridian and section 1 township 21 north, range 10 west Fairbanks meridian.
This description is based upon United States Geological Survey Quadrangle Beaver, Alaska, 1956 with minor revisions 1972, on which land lines represent unsurveyed and unmarked locations predetermined by the Bureau of Land Management folios F-2, F-3, F-6, and F-7 Fairbanks meridian, and United States Geological Survey Quadrangle Bettles, Alaska, 1956 with minor revisions 1973, on which land lines represent unsurveyed and unmarked locations predetermined by the Bureau of Land Management folios F-3, F-4, F-5, and F-6. The use of these quadrangles and the protracted land lines thereon is for purposes of convenience in describing the lands Within the Hodzana River Study Area. The actual area is to be within the above-described basin, and should any discrepancy appear upon on the ground determination of the location of the watershed boundary, the watershed boundary shall control, not the land lines protracted upon the aforementioned United States Geological Survey Quadrangles.
(b) During the study period herein provided, Doyon, Limited, may, under such reasonable rules and regulations as the Secretary finds necessary to protect the water quality and quantity of the Hodzana River, conduct such investigations within the study area, including core drilling, which will not materially disturb the land surface, as are required to determine the extent of mineralization therein. During the study period, the Fish and Wildlife Service is authorized to undertake such studies of the Hodzana River and its environs as are required to determine the measures to undertake and the regulations necessary to protect and maintain the water quality and quantity of the Hodzana River should lands in its watershed be selected by Doyon, Limited and the minerals therein be developed. Upon agreement with Doyon, Limited, the Secretary is authorized to extend the study period up to an additional two years; if so, the duration of the withdrawal from appropriation for the lands described in subsection (1) hereof and the time during which Doyon, Limited may select such lands or identify such lands for conveyance shall be extended for a like period.
(c) The right of Doyon, Limited to land conveyances within the study area shall be limited to twenty-three thousand and forty acres. Any selections or land identifications by the corporation within the study area also shall be subject to the provisions of subsection 1419(b)(2) of this Act, unless the results of the study indicate, and Doyon and the Secretary agree, that some or all of such requirements should be waived.
(d) In the event Doyon receives conveyance in the study area, corporation shall have those rights of access to the lands involved as are reasonably necessary for the economic operation of such mineral developments. Upon final termination of mining activity, Doyon shall restore any access roads as may be agreed upon by Doyon and the Secretary.
(e) The National Environmental Policy Act of 1969 shall not be construed, in whole or in part, as requiring the preparation or submission of an environmental impact statement before the issuance of regulations under this paragraph, or any permit relating to mineral development, the conduct of any investigation in the study area, the conveyance of interests therein to Doyon or the grant of any easement or right-of-way to the lands involved. The Secretary however, is authorized to promulgate such regulations as may reasonably be necessary to protect the water quality and quantity, and to prevent substantial adverse environmental degradation, of the Hodzana River. Any such regulations shall be coordinated with and shall not be more stringent than, the applicable requirements under the Federal Water Pollution Control Act.
CONVEYANCE TO THE STATE OF ALASKA
§1421. In furtherance of the State's entitlement to lands under §6(b) of the Alaska Statehood Act and regardless of whether such lands lie within the boundaries of a conservation system unit established, designated, redesignated, or expanded by this Act, the United States shall, upon Doyon's meeting the terms and conditions set forth in §1419(a)(1), convey to the State of Alaska all right title and interest of the United States in:
(1) the following lands located south of Circle on the Yukon River:
Fairbanks Meridian Township 8 north, range 18 east, section 1;
Township 8 north, range 19 east, That portion of sections 1 through 18, inclusive, lying south and west of the mean high water line of the Yukon River;
Township 8 north, range 20 east, That portion of sections 7 and 18 lying west of the mean high water line of the Yukon River;
Township 9 north, range 17 east;
Township 9 north, range 18 east, That portion lying south and west of the mean high water line of the Yukon River; and
Township 9 north, range 19 east, That portion lying south and west of the mean high water line of the Yukon River.
(2) Upon relinquishment by Doyon, Limited of all land selections pursuant to §1419(a) of this Act, the lands described in subparagraphs 1419(a)(1)(D).
DOYON AND FORTYMILE RIVER
§1422. (a) Subject to the provisions of subsections (b) and (c) of this section, Doyon, Limited shall have the right within one year after the date of enactment of this Act to identify some or all of the following described lands, previously selected by such corporation, in partial satisfaction of its entitlement under §12(c) of the Alaska Native Claims Settlement Act:
(1) Lands withdrawn pursuant to §17(d)(1) and formerly withdrawn pursuant to §17(d)(2) of the Alaska Native Claims Settlement Act:
Fairbanks Meridian Township 1 south, range 27 east, sections 24, 25, 34, 35, 36;
Township 1 south, range 28 east, sections 19, 20, 21, 28 through 32;
Township 2 south, range 27 east, sections 1 through 4, 8 through 12, 14 through 17, 19 through 22, 27 through 33;
Township 3 south, range 24 east, sections 20 through 25, 27 through 34;
Township 3 south, range 25 east, sections 2 through 5, 8 through 10, 15 through 22, 27 through 34;
Township 3 south, range 26 east sections 13, 22, through 28, 31 through 36;
Township 3 south, range 27 east, sections 4 through 8, 17, 18;
Township 3 south, range 28 east, sections 1 through 5, 9 through 11, 14 through 16, 21 through 23, 26, 27;
Township 3 south, range 29 east, sections 11 through 15, 20 through 24, 26 through 34;
Township 4 south, range 25 east, sections 1 through 5, 8 through 17;
Township 4 south, range 26 east, sections 2 through 10, 17, 18;
Township 4 south, range 28 east, sections 1, 2;
Township 4 south, range 29 east, sections 1, 4 through 18;
Township 5 south, range 25 east, sections 1, 4 through 10, 12 through 17, 20 through 24, 28, 29;
Township 5 south, range 26 east, sections 4 through 8, 17 through 19;
Township 6 south, range 23 east, section 34;
Township 6 south, range 25 east, sections 22, 27, 28, 32 through 35;
Township 7 south, range 22 east, sections 23 through 26, 35, 36;
Township 7 south, range 23 east, sections 3 through 9, 17 through 19, 30, 31;
Township 7 south, range 24 east, sections 1, 2, 10 through 16, 21 through 24, 26 through 29, 31 through 34;
Township 7 south, range 25 east, sections 6 through 8, 17 through 21, 28 through 33;
Township 8 south, range 21 east, sections 13, 23 through 28, 33 through 36; and
Township 8 south, range 22 east, sections 1 through 4, 8 through 23, 28 through 33.
Copper River Meridian Township 19 north, range 16 east, sections 3 through 9, 17 through 20;
Township 20 north, range 14 east, sections 1 through 18, 20 through 22;
Township 20 north, range 15 east, sections 2 through 11, 13 through 17, 21 through 28, 32 through 36;
Township 20 north, range 16 east, sections 13, 14, 21 through 29, 31 through 36;
Township 21 north, range 12 east, sections 2 through 10, 17 through 20, 30;
Township 21 north, range 13 east, sections 1 through 5, 10 through 14, 23 through 24;
Township 21 north, range 15 east, sections 30, 31, 32;
Township 22 north, range 12 east, sections 4 through 11, 13 through 27, and 36;
Township 22 north, range 13 east, sections 18 through 21, 26 through 36;
Township 24 north, range 11 east, sections 22 through 27, 34 through 36;
Township 24 north, range 12 east, sections 3 through 3, 3 Township 24 north, range 13 east, sections 2 through 4, 7 through 11, 14 through 23, 30;
Township 25 north, range 11 east, sections 4 through 10, 14 through 18, 20 through 28, 34 through 36;
Township 25 north, range 12 east, sections 31, 32, 33;
Township 25 north, range 13 east, sections 1 through 3, 9 through 16, 21 through 23, 26 through 28, 32 through 35;
Township 26 north, range 13 east, sections 1 through 3, 12;
Township 26 north, range 14 east, sections 4 through 10, 14 through 18, 20 through 23, 26, 27, 31 through 36;
Township 27 north, range 9 east, sections 1 through 3, 9 through 12, 14 through 16, 20 through 23, 26 through 29, 32 through 34;
Township 27 north, range 10 east, sections 2 through 4, 9 through 11, 14 through 16, 21 through 27, 34 through 36;
Township 27 north, range 13 east, sections 3 through 10, 14 through 17, 21 through 28, 34 through 36;
Township 27 north, range 14 east, sections 30, 31, 32;
Township 28 north, range 9 east, sections 35, 36; and
Township 28 north, range 10 east, sections 31 through 35.
(2) Lands withdrawn pursuant to §17(d)(2) of the Alaska Native Claims Settlement Act some or all of which may not be included within the boundaries of the Fortymile Wild, Scenic and/or Recreational River.
Fairbanks Meridian Township 3 south, range 27 east, sections 19 through 36;
Township 3 south, range 28 east, sections 28 through 34;
Township 4 south, range 28 east, sections 3 through 6, 8 through 17, 19 through 33, 36;
Township 4 south, range 29 east, sections 19 through 22, 25 through 36;
Township 4 south, range 30 east, sections 1, 2, 11 through 13, 24, 25, 28 through 36;
Township 4 south, range 31 east, sections 6 through 8, 17 through 20, 29 through 32;
Township 5 south, range 25 east, sections 25 through 27, 33 through 36;
Township 5 south, range 26 east, sections 13 through 15, 20 through 35;
Township 5 south, range 27 east, sections 7 through 24, 29, 30;
Township 5 south, range 28 east, sections 2 through 5, 7 through 10, 15 through 23, 25 through 30, 33 through 36;
Township 5 south, range 29 east, sections 29 through 32;
Township 5 south, range 30 east, sections 1 through 6, 11, 12;
Township 5 south, range 31 east, sections 4 through 9;
Township 5 south, range 32 east, sections 24 through 27, 34 through 36;
Township 5 south, range 33 east, sections 2 through 4, 8 through 11, 14 through 22, 28 through 32;
Township 6 south, range 24 east, sections 13, 14, 17 through 36;
Township 6 south, range 25 east, sections 2 through 5, 7 through 11, 15 through 21, 29 30;
Township 6 south, range 32 east, sections 1 through 5, 8 through 11, 14 through 17, 20 through 22, 27 through 29, 32 through 35;
Township 7 south, range 31 east, sections 13 through 17, 19 through 34;
Township 7 south, range 32 east, sections 3 through 5, 7 through 10, 13 through 30, 34 through 36;
Township 7 south, range 33 east sections 13, 19, 24, through 27, 29 through 36; and
Township 7 south, range 34 east, sections 4, 7 through 9, 16 through 21, 28 through 33.
Copper River Meridian Township 26 north, range 14 east, sections 12, 13, 24, 25.
(b) Doyon, Limited shall have a right to identify only those lands described in subsection (a) hereof which are not included within a conservation system unit pursuant to this Act, and each selection so identified shall be subject to the provisions of subsection 1419(b)(2) of this Act. The Secretary shall convey title to the land promptly after its identification by Doyon, Limited, subject to valid existing rights.
(c) The provisions of this section shall take effect only upon the execution and filing of a stipulation by Doyon, Limited, consenting to the dismissal, with prejudice, of Doyon, Limited against Andrus, Civil Action numbered 78-1148 in the United States District Court for the District of Columbia, within sixty days after the effective date of this Act.
AHTNA REGIONAL CORPORATION LANDS
§1423. (a) The following lands are hereby withdrawn for selection pursuant to the provisions of §14(h)(8) of the Alaska Native Claims Settlement Act and this section:
Fairbanks Meridian Township 20 south range 5 west, sections 7 through 9, 11 through 14, 16 through 21, 23 through 26, 28 through 33, 35, 36;
Township 20 south, range 6 west, sections 1 through 36;
Township 20 south, range 7 west, sections 1 through 5, 8 through 14, 23 through 36;
Township 20 south, range 8 west sections 1 through 28, 33 through 36; and
Township 20 south, range 9 west, sections 22 through 27, 34 through 36.
(b)(1) On or prior to one hundred and eighty days from the date of enactment of this Act, Ahtna, Incorporated, may select, pursuant to §14(h)(8) of the Alaska Native Claims Settlement Act, from the lands withdrawn pursuant to subsection (a).
(2) The lands selected by Ahtna, Incorporated, unless otherwise provided in a waiver of this paragraph (b)(2) by the Secretary shall consist of tracts which:
(A) contain not less than eight sections or one thousand two hundred and eighty acres, whichever is less; and
(B) have boundaries which follow section lines, except where such boundary is the border of a navigable body of water, with no segment of an exterior line less than two miles in length (except where shorter segments are necessary (1) to follow section lines where township lines are offset along standard parallels caused by the conveyance of meridians, (2) to conform to section lines where a section is less than standard size, or (3) to avoid crossing the boundary lines of conservation system units created by this Act, or of lands which are unavailable for selection).
(c) The Secretary shall convey the surface and subsurface estate of the acreage selected pursuant to subsection (b). Conveyances pursuant to this section shall be subject to valid existing rights and the provisions of the Alaska Native Claims Settlement Act.
(d) Nothing in this section shall be deemed to increase or decrease the acreage entitlement of Ahtna, Incorporated, under any section of the Alaska Native Claims Settlement Act.
(e) Any lands withdrawn under subsection (a) and not selected by and conveyed to Ahtna, Incorporated, shall return to the public domain subject to any prior withdrawals made by the Secretary pursuant to subsection 17(d)(1) of the Alaska Native Claims Settlement Act and the provisions of §906(k) of this Act.
BERING STRAITS REGIONAL CORPORATION LANDS
§1424. (a) The following lands are hereby withdrawn for selection pursuant to the provisions of §14(h)(8) of the Alaska Native Claims Settlement Act and this section:
Kateel River Meridian Tract one Township 6 north, range 36 west, sections 2, 3, 4, 9, 10, 11, 14, 15, 16;
Tract two Township 1 north, range 40 west, sections 19, 20, 21, 28-33;
Tract three Township 3 south, range 21 west, sections 23, 26, 35;
Township 4 south, range 21 west, sections 1, 2, 3;
Tract four Township 7 south, range 35 west, sections 11, 14, 23, 26, 34, 35, 36;
Township 8 south, range 35 west, sections 1, 2, 3;
Tract five Township 8 south, range 33 west, sections 19, 20, 21, 27-34;
Tract six Township 10 south, range 9 west, section 31;
Township 10 south, range 10 west, sections 35, 36;
Township 11 south, range 9 west, sections 6, 7;
Township 11 south, range 10 west sections 1, 2, 11, 12;
Tract seven Township 16 south, range 13 west, sections 5, 6, 7, 8; and
Tract eight Fairway Rock located within Teller Quadrangle 65 degrees 35 minutes north, 165 degrees 45 minutes west.
(b)(1) On or prior to one hundred and eighty days from the date of enactment of this Act, Bering Straits Native Corporation may select pursuant to §14(h)(8) of the Alaska Native Claims Settlement Act, from the lands withdrawn pursuant to subsection (a).
(2) The lands selected by Bering Straits Native Corporation unless otherwise provided in a waiver of this paragraph (b)(2) by the Secretary shall consist of tracts which--
(A) are not less than the lesser of (1) the entire area within any single tract withdrawn pursuant to subsection (a), or (2) eight sections, or (3) five thousand one hundred and twenty acres; and
(B) have boundaries which follow section lines, except where such boundary is the border of a navigable body of water, with no segment of an exterior line less than two miles in length (except where shorter segments are necessary (2) to follow section lines where township lines are offset along standard parallels caused by the convergence of meridians, (2) to conform to section lines where a section is less than standard size or (3) to avoid crossing the boundary lines of conservation system units created by this Act, or of lands which are unavailable for selection).
(c) The Secretary shall convey the surface and subsurface estate of the acreage selected pursuant to subsection (b). Conveyance pursuant to this section shall be subject to valid existing rights and the provisions of the Alaska Native Claims Settlement Act.
(d) Nothing in this section shall be deemed to increase or decrease the acreage entitlement of Bering Straits Native Corporation under any section of the Alaska Native Claims Settlement Act.
(e) Any lands withdrawn under subsection (a) and not selected by and conveyed to Bering Straits Native Corporation shall return to the public domain subject to any prior withdrawals made by the Secretary pursuant to subsection 17(d)(1) of the Alaska Native Claims Settlement Act and the provisions of §906(k) of this Act.
(f) Any selection pursuant to §14(h)(8) of the Alaska Native Claims Settlement Act of any land withdrawn by subsection (a) of this section shall preempt any prior selection of the same lands by Bering Straits Native Corporation under any other authority of law. Failure to select under §14(h)(8) of the Alaska Native Claims Settlement Act any particular lands withdrawn by subsection (a) of this section will not affect any prior valid selection under §14(h)(1) of the Alaska Native Claims Settlement Act but such prior selection shall be adjudicated and conveyed, if valid, pursuant to the Alaska Native Claims Settlement Act and any applicable regulations.
(g) In recognition that the Punuk Islands are located within the boundary of the former Saint Lawrence Island Reindeer Reserve, pursuant to §19(b) of the Alaska Native Claims Settlement Act there is hereby conveyed to and vested in the Gambell Native Corporation and Savoonga Native Corporation all of the right, title, and interest of the United States in and to said Islands, including adjacent islets and rocks, located at Kateel River Meridian, Saint Lawrence Quadrangle, 63 degrees, 5 minutes north latitude, 168 degrees, 50 minutes west longitude.
EKLUTNA VILLAGE CORPORATION LANDS
§1425. EKLUTNA-STATE AGREEMENTS AND NEGOTIATIONS.--(a) The purpose of this section is to provide for the settlement of certain claims and litigation, and in so doing to consolidate ownership among the United States, the State of Alaska, the Municipality of Anchorage, Eklutna, Incorporated, and Cook Inlet Region, Incorporated thereby facilitating land management, a fair implementation of the Alaska Native Claims Settlement Act, the protection of State public park lands and resources, and appropriate development patterns in and about Anchorage, Alaska.
(b) The Secretary shall accept relinquishments and make conveyances of selections in accordance with the specific terms, conditions covenants, reservations, and other restrictions set forth in any agreement respecting the lands described in subparagraph (1) below executed by the State of Alaska, by the Municipality of Anchorage and by Eklutna, Incorporated, and hereafter submitted to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs and filed with the Secretary, the execution and implementation of which agreement are hereby authorized as to those duties and obligations of the United States, the State of Alaska, the Municipality of Anchorage, and Eklutna, Incorporated, which arise under Federal law: Provided, however, That any conveyance under such agreement of lands to Eklutna, Incorporated shall be only of the surface estate, with a subsequent conveyance to Cook Inlet Region, Incorporated, of the subsurface estate except as otherwise provided in subsection (h). In aid thereof:
(1) The following lands located within the townships described in §11(a) (1) and (2) of the Alaska Native Claims Settlement Act with respect to the Native Village of Eklutna are withdrawn, subject to valid existing rights, from all forms of appropriation under the pubic land laws, including the mining and mineral leasing laws, and including Pubic Law 94-204, except §12 thereof, and from selection under the Alaska Statehood Act, or any statutes authorizing selections by the State of Alaska: (A) lands withdrawn or reserved for national defense purposes; and (B) lands determined by the Secretary under §3(e)(1) of the Alaska Native Claims Settlement Act not to be public lands for purposes of the Alaska Native Claims Settlement Act. This withdrawal and the agreement shall not affect the administrative jurisdiction of the Department of Defense or any other holding agency over the lands withdrawn, but all forms of disposition other than in accordance with this section and the agreement are prohibited: Provided, That the foregoing to the contrary notwithstanding, lands placed prior to July 15, 1979, in the pool contemplated by part I.C.(2) of the document entitled "Terms and Conditions for Land Consolidation and Management in the Cook Inlet Area as clarified 8-13-76", but only to the extent authorized by that document under §12 of Public Law 94-204 as amended heretofore and in accordance with the procedures and with the consents and approvals required by laws, regulations and Executive orders in effect on such date of placement, may be selected by Cook Inlet Region, Incorporated, free of the effects of the agreement pursuant to this section; if the lands placed in that pool are not thereafter selected in accordance with part I.C.(2) of that document any agreement pursuant to this section shall govern: Provided further, That neither the revocation of certain withdrawals of lands made by subsection (b) effective upon the filing of the agreement, nor the expiration of the withdrawal made by subsection (b) in the event no agreement is reached, shall be deemed an action causing those lands affected thereby to be subject to disposition under such §12. The withdrawal made by this subsection (b) will expire March 15, 1982, if an executed agreement described in this section is not filed by the parties thereto on or before that date with the Secretary in the Alaska State Office of the Bureau of Land Management; but if an agreement is so executed, rights under the agreement shall vest as of the effective date of this Act, and this withdrawal shall become permanent, except as otherwise provided in the agreement. The agreement shall not impose upon the United States obligations or outlays of funds, except as reasonable in the ordinary course of business, or impose any procedural requirements or require the reassignment of personnel; and any of its provisions to the extent to the contrary shall be void as against the Secretary.
(2) Upon termination or revocation of any national defense withdrawal or reservation or of any other withdrawal in effect December 18, 1971, respecting lands described in subsection (b)(1), or upon declaration of their excess status in whole or in part, whichever first occurs, but not before, and from time to time, the lands excessed or as to which the withdrawal is terminated or revoked shall be conveyed to Eklutna, Incorporated, as to the surface estate and Cook Inlet Region, Incorporated as to the subsurface estate, or to the State of Alaska (for reconveyance by the State of Alaska in whole or in part to the Municipality of Anchorage), as may be provided in the agreement described in this subsection: Provided, however, That such conveyance shall not be made of lands in the pool established under part I.C.(2) of the document entitled "Terms and Conditions for Land Consolidation and Management in the Cook Inlet Area as clarified 8-31-76" under §12 of Public Law 94-204 as amended heretofore, unless and until removed from that pool in accordance with such part I.C.(2). This section and the agreement shall preempt the procedures of the Federal Property Act (40 U.S.C. 471, et seq., and of 41 CFR 101-47.000 et seq.), (other than as to fixtures and personalty) and the preference right for State selection of §6(g) of the Alaska Statehood Act. The conveyances to Eklutna, Incorporated, of lands withdrawn by this subsection called for by the agreement shall not be subJect to §1613(c) of title 43, United States Code. This section shall revoke PLO 5187 as it pertains to any lands withdrawn by this subsection and any power project withdrawals other than Power Project 350 as to such lands, effective upon the date of filing of the agreement. Lands conveyed to the State of Alaska, the surface estate of lands conveyed to Eklutna, Incorporated, and the subsurface estate conveyed to Cook Inlet Region, Incorporated, pursuant to this section and the agreement, shall be charged against their respective entitlements under §12 and §14 of the Settlement Act and be considered conveyed and received pursuant to the Settlement Act, and §6 of the Alaska Statehood Act or §906(c) of this Act.
(c) If an agreement to the following effect executed by the State of Alaska and Eklutna, Incorporated, is hereafter filed with the Secretary in the Alaska State Office of the Bureau of Land Management on or before April 2, 1982, the public lands as defined in the Settlement Act, located within township 17 north, range 3 east, Seward Meridian, Alaska, shall be deemed to have been withdrawn pursuant to §11(a) of the Settlement Act as of December 18, 1971, and, selections heretofore made by Eklutna, Incorporated, with respect to lands therein shall be processed by the Secretary as though said selections had been made within a township heretofore validly withdrawn pursuant to §11(a). If no such agreement is filed, this subsection shall not be held to affect the validity or invalidity of such selections. Whether or not any agreement is filed, this subsection shall not be held to affect the validity or invalidity of any third party interest heretofore created by the State of Alaska.
(d) Notwithstanding other provisions of this Act, the State and Eklutna, Incorporated, are each authorized to relinquish, in whole or in part, pursuant to either or both of the agreements contemplated by subsections (b) and (c), any one or more land selections affecting lands to be conveyed under the agreement to the other whether or not such selections have been previously approved or tentatively approved. The lands affected by the State selections so relinquished shall be deemed public lands as of December 18, 1971, as that term is defined in the Settlement Act.
(e) Eklutna, Incorporated, and the Secretary shall stipulate to dismiss cause number A-78-24 Civil in the United States District Court for the District of Alaska, when the Secretary tenders to Eklutna, Incorporated, a conveyance of all lands in township 17 north, range 3 east, Seward Meridian, which are to be conveyed to Eklutna, Incorporated, under the agreement referred to in subsection (c).
(f) Eklutna, Incorporated, and the Secretary shall stipulate to dismiss cause number A-78-192 Civil in the United States District Court for the District of Alaska except as to the lands affected thereby which under the agreement referred to in subsection (b) are to remain in litigation in that cause, if any, when the Secretary tenders to Eklutna, Incorporated, a conveyance of all those lands which under the agreement the State agrees are to be conveyed to Eklutna, Incorporated, from among those selected at one time by the State under the authority of the Mental Health Enabling Act of 1956 (70 Stat.709).
(g) The Secretary shall convey to Eklutna, Incorporated, its entitlement without regard to the acreage or interests which may ultimately be conveyed to Eklutna, Incorporated, under the agreement from within lands withdrawn by subsection (b). The agreement shall, however, require Eklutna, Incorporated, to subject to §907 of this Act one or more compact tracts of lands of at least equal acreage to that ultimately to be conveyed to Eklutna, Incorporated under the agreement from those withdrawn by subsection (b). The agreement shall require Eklutna, Incorporated, to reconvey to the State lands from those subject to §907 in an amount provided by the agreement, upon the occasion of each receipt of lands by Eklutna, Incorporated, from among those withdrawn by subsection (b). Lands received by the State in such a reconveyance from Eklutna, Incorporated, shall be charged, to the extent of the acreage received by Eklutna, Incorporated, in the relevant conveyance to it, against the State's entitlement under §6 of the Alaska Statehood Act, or §906(c) of this Act, as the State may elect. If thereby the State receives more than its entitlements under the Act elected, it shall reconvey to the United States a compact tract of unencumbered State lands of equal acreage contiguous to lands belonging to the United States. Eklutna, Incorporated, shall also subject to §907 of this Act, once an agreement under subsection (c) exists and thereafter from time to time, one or more compact tracts which equals the acreage amount by which Eklutna, Incorporated's entitlement would be over satisfied considering the acreage already conveyed to Eklutna, Incorporated; to the extent such a risk of over entitlement abates the lands may be withdrawn from the Land Bank.
(h) In the event that Eklutna, Incorporated, receives a conveyance from the United States of the surface estate in lands withdrawn by subsection (b) pursuant to the agreement authorized in that subsection, and if a reconveyance from Eklutna, Incorporated, of the surface estate in land to the State from those subject to §907 of this Act is thereby occasioned, a conveyance of the subsurface estate in the lands conveyed to Eklutna, Incorporated, shall be withheld until the Secretary ascertains to whom the subsurface estate is to be conveyed under this subsection. The entity owning the subsurface estate in those reconveyed lands shall retain that interest, unless it in the agreement or separately consents to convey the same to the State. In the event such entity so consents to convey the subsurface to the State, the Secretary shall convey the subsurface estate in the lands conveyed to Eklutna, Incorporated, to that entity if such entity does not so consent, the subsurface estate in the lands conveyed to Eklutna, Incorporated, shall be conveyed to the State.
EKLUTNA-STATE ANCHORAGE AGREEMENT
§1426. (a) The purpose of this section is to provide for the settlement of certain claims and litigation, and in so doing to implement §14 of the Settlement Act under the unique circumstances of the Native Village of Eklutna, with respect to the municipality of Anchorage.
(b) The terms, conditions, procedures, covenants, reservations, and other restrictions set forth in the document entitled "Agreement of Compromise and Settlement" submitted to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs, executed by Eklutna, Incorporated, and the municipality of Anchorage, acting by its mayor, and to be executed by the State of Alaska, acting by the commissioner of the department of community and regional affairs, are hereby ratified as to the rights, duties, and obligations of the State of Alaska, the municipality of Anchorage, and Eklutna, Incorporated, which arise among them under §14(c) (2) and (3) of the Settlement Act and Eklutna Incorporated, is discharged accordingly from §14(c)(3) thereof as to all lands heretofore selected by it.
(c) If, for any reason, the foregoing agreement is not executed by the State of Alaska this section shall be of no force and effect.
KONIAG VILLAGE AND REGIONAL CORPORATION LANDS
§1427. (a) As used in this section, the term--
(1) "Afognak Island" means Afognak Island, and Bear, Teck, Hogg, and Murphy Islands, above the line of mean high tide within the exterior boundaries of the Chugach National Forest. Murphy Island is that unnamed island shown on USGS Topographical Map, Scale 1:63360 entitled "Afognak B-2, 1952, Rev. 1967", lying in Seward Meridian, Alaska, Township 21 south, Range 19 west, that shares the common corner of sections 27, 28, 33, and 34.
(2) "Deficiency village acreage on the Alaska Peninsula" means the aggregate number of acres of public land to which "Koniag deficiency Village Corporations" are entitled, under §14(a) of the Alaska Native Claims Settlement Act, to a conveyance of the surface estate on account of deficiencies in available lands on Kodiak Island, and to which Koniag, Incorporated is entitled under §14(f) of that Act to conveyance of the subsurface estate.
(3) "12(b) acreage on the Alaska Peninsula" means the aggregate number of acres of public lands to which "Koniag 12(b) Village Corporations" are entitled under §14(a) of the Alaska Native Claims Settlement Act by reason of §12(b) of that Act to conveyance of the surface estate and to which Koniag, Incorporated, under §14(g) of that Act, is entitled to conveyance of the subsurface estate, less the aggregate acreage of 12(b) lands on Kodiak Island as to which Koniag 12(b) Village Corporations will receive conveyances, the latter being estimated to be approximately fifteen thousand acres.
(4) "Koniag deficiency village corporation" means any or all of the following:
Afognak Native Corporation;
Nu-Nachk-Pit, Incorporated;
Ouzinkie Native Corporation; and
Leisnoi, Incorporated.
(5) "Koniag 12(b) Village Corporation" means the village corporations listed in subparagraph (4) above, if within sixty days of the effective date of this Act, Koniag, Incorporated, by a resolution duly adopted by its Board of Directors, designates them as such as a class, and all of the following: Natives of Akhiok, Incorporated, Old Harbor Native Corporation, Kaguyak, Inc., Karluk Native Corporation and each of the corporations listed in subsection (e)(2) of this section which files a release as provided for in subsection (e)(1) of this section.
(6) "Koniag region" means the geographic area of Koniag, Incorporated, under the Alaska Native Claims Settlement Act.
(7) "Koniag village" means a Native village under the Alaska Native Claims Settlement Act which is within the Koniag region.
(8) "Koniag Village Corporation means a corporation formed under §8 of the Alaska Native Claims Settlement Act to represent the Natives of a Koniag village and any Village Corporation listed in subsection (e)(2) of this section which has filed a release as provided in subsection (e)(1) of this section.
(9) "Koniag 14(h)(8) lands on the Alaska Peninsula" means the aggregate number of acres of public lands to which Koniag, Incorporated Regional Native Corporation is entitled under §14(h)(8) of the Alaska Native Claims Settlement Act, less the acreage of lands withdrawn for conveyance to that corporation by Public Land Order Numbered 5627 (42 F.R. 63170) and conveyed to that corporation.
(10) Any term defined in subsection 3(e) of the Alaska Native Claims Settlement Act has the meaning therein defined.
(11) Alaska Peninsula" means the Alaska Peninsula and all islands adjacent thereto which are withdrawn pursuant to §11(a)(3) of the Alaska Native Claims Settlement Act for Koniag Village Corporations and Koniag, Incorporated, including but not limited to Sutwik, Hartman, Terrace, Nakchamik, and West and East Channel Islands, except those islands selected by Koniag, Inc. pursuant to §15 of Public Law 94-204.
(b)(1) In full satisfaction of (A) the right of Koniag, Incorporated, Regional Native Corporation to conveyance of Koniag 14(h)(8) lands on the Alaska Peninsula under the Alaska Native Claims Settlement Act; (B) the right of each Koniag Deficiency Village Corporation to conveyance under that Act of the surface estate of deficiency village acreage on the Alaska Peninsula; (C) the right of each Koniag 12(b) Village Corporation to conveyance under the Alaska Native Claims Settlement Act of surface estate of 12(b) acreage on the Alaska Peninsula; (D) the right of Koniag, Incorporated under the Alaska Native Claims Settlement Act to conveyances of the subsurface estate of the deficiency village acreage on the Alaska Peninsula and of the 12(b) acreage on the Alaska Peninsula; and (E) the right of Koniag, Incorporated, to receive the minerals in the subsurface estates that, under subsection (g)(3) of this section and §12(a)(1) and §14(f) of the Alaska Native Claims Settlement Act, it will be conveyed on the Alaska Peninsula, other than oil and gas and sand and gravel that it will be conveyed as provided in subsection (1) of this section, and in lieu of conveyances thereof otherwise, the Secretary of the Interior shall, under the terms and conditions set forth in this section, convey as provided in subsection (c) of this section the surface estate of all of the public lands on Afognak Island except those lands referred to in subparagraphs 2 (A), (B), (C), and (D) of this subsection, and simultaneously therewith, the Secretary shall, under the terms and conditions set forth in this section, convey the subsurface estate of such lands to Koniag, Incorporated.
(2) There are excepted from the conveyances provided for in subparagraph (1) of this subsection:
(A) Selections of the State of Alaska on Afognak Island heretofore made under §6(a) of the Alaska Statehood Act and described as follows:
Seward Meridian, Alaska Parcel I Township 22 south, range 17 west, section 30, 31 fractional all southwest quarter;
Township 22 south, range 18 west, section 36, southeast quarter;
Township 23 south, range 17 west, sections 6, northeast quarter, 7, west half; 18, west half; 19, west half and southeast quarter; 20, southwest quarter; 29, west half, 30 all; and
Township 23 south, range 18 west, section 1, east half; 12, east half; 13 all; 24 all; 25 all.
Parcel II Township 22 south, range 17 west, section 30, all; 31 all;
Township 22 south, range 17 west, section 6, northeast quarter;
(B) Surface estate of lands on Afognak Island to which Afognak Native Corporation, Ouzinkie Native Corporation and Natives of Kodiak, Incorporated are entitled pursuant to the Alaska Native Claims Settlement Act and the subsurface estate of such lands;
(C) The lands on Afognak Island referred to in subsection (d) of this section if conveyed as therein provided; and
(D) The following described lands:
Seward Meridian, Alaska Beginning at the point for the meander corner of sections 7 and 18, township 22 south, range 21 west, Seward meridian at the line of mean high tide on the easterly shore of Foul Bay, southeasterly of Ban Island;
thence easterly, between sections 7 and 18, 8 and 17, 9 and 16, approximately 2 1/4 miles to the corner of sections 9, 10, 15, and 16, township 22 south, range 21 west, Seward meridian;
thence northerly, between sections 9 and 10, approximately 1 mile to the corner of sections 3, 4, 9 and 10, township 22 south range 21 west, Seward meridian;
thence easterly, between sections 3 and 10, 2 and 11, approximately 2 miles to the corner of sections 1, 2, 11 and 12, township 22 south, range 21 west, Seward meridian;
thence northerly, between sections 1 and 2, approximately one-half mile to the one-quarter section corner of sections 1 and 2 township 22 south, range 21 west, Seward meridian;
thence easterly, on the east-west centerline of section 1 approximately one-half mile to the center one-quarter section corner of section 1, township 22 south, range 21 west, Seward meridian;
thence northerly, on the north-south centerlines of sections 1 and 36, approximately 1 mile to the center one-quarter section corner of section 36, township 21 south, range 21 west, Seward meridian;
thence easterly, on the east-west centerline of section 36 approximately one-half mile to the one-quarter section corner of sections 31 and 36, township 21 south, ranges 20 and 21 west Seward meridian;
thence northerly, between ranges 20 and 21 west, approximately 2 l/2 miles to the corner of sections 13, 18, 19, and 24 township 21 south, ranges 20 and 21 west, Seward meridian;
thence easterly, between sections 18 and 19, 17 and 20, approximately 11/2 miles to the one-quarter section corner of sections 17 and 20, township 21 south, range 20 west, Seward meridian;
thence northerly, on the north-south centerline of section 17 approximately one-half mile to the center one-quarter section corner of section 17, township 21 south, range 20 west, Seward meridian;
thence easterly, on the east-west centerline of section 17 approximately one-half mile to the one-quarter section corner of sections 16 and 17, township 21 south, range 20 west, Seward meridian;
thence northerly, between sections 16 and 17, approximately one-half mile to the corner of sections 8, 9, 16, and 17, township 21 south, range 20 west, Seward meridian;
thence easterly, between sections 9 and 16, approximately one-half mile to the one-quarter section corner of sections 9 and 16, township 21 south, range 20 west, Seward meridian;
thence northerly, on the north-south centerlines of sections 4 and 9, approximately 2 miles to the closing subdivision corner of section 4, township 21 south, range 20 west, Seward meridian;
thence westerly, on the fifth standard parallel south, approximately 2 l/2 miles to the standard corner of sections 31 and 32, township 20 south, range 20 west, Seward meridian;
thence northerly, between sections 31 and 32, approximately 1 mile to the corner of sections 29, 30, 31, and 32, township 20 south, range 20 west, Seward meridian;
thence westerly, between sections 30 and 31, approximately one-half mile to the one-quarter section corner of sections 30 and 31, township 20 south, range 20 west, Seward meridian;
thence northerly, on the north-south centerline of section 30, approximately one-half mile to the center one-quarter section corner of section 30, township 20 south, range 20 west, Seward meridian;
thence westerly, on the east-west centerline of section 30, approximately one-half mile to the one-quarter section corner of sections 25 and 30, township 20 south, ranges 20 and 21 west, Seward meridian;
thence southerly, between ranges 20 and 21 west, approximately one-half mile to the corner of sections 25, 30, 31, and 36 township 20 south, ranges 20 and 21 west, Seward meridian;
thence westerly, between sections 25 and 36, approximately 1 mile to the corner of sections 25, 26, 35, and 36, township 20 south, range 21 west, Seward meridian;
thence northerly, between sections 25 and 26, approximately one-half mile to the point for the meander corner of sections 25 and 26, township 20 south, range 21 west, Seward meridian, at the line of mean high tide of the southerly arm of Bluefox Bay;
thence westerly, northerly, southerly and easterly along the line of mean high tide of Afognak Island to the point for the intersection of the north-south centerline of section 29, township 2O south, range 21 west, Seward meridian on the northerly shore of Devil Inlet;
thence southerly, on the north-south centerline of section 29 township 20 south, range 21 west, Seward meridian, across Devil Inlet, to the line of mean high tide on the southerly shore of Devil Inlet; and
thence westerly, northerly, southerly and easterly along the line of mean high tide of Afognak Island to the point of beginning.
(3) All public lands on the Alaska Peninsula withdrawn pursuant to §11(a)(3) of the Alaska Native Claims Settlement Act for Koniag Village Corporations and for Koniag, Incorporated and all lands conveyed to such corporations subject to reconveyance to the United States upon enactment of this section; are hereby withdrawn, subject to valid existing rights and Native selection rights under that Act as modified by this Act, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act and shall remain so withdrawn subject to the provisions of §1203 of this Act. Following the filing with the Secretary of the Interior of (A) all resolutions pursuant to subparagraph (4) of this subsection, (B) the Joint venture agreement referred to in subsection (c) of this section (C) releases by such of the Koniag Village Corporations referred to in subsection (e)(2) of this section as file releases as provided in subsection (e)(l) of this section, and (D) all reconveyances of lands and interests in lands to the United States required by agreements with the Secretary of the Interior upon enactment of this section- and upon the conveyances by the Secretary of the Interior of all public lands on Afognak Island to be conveyed as provided in subsection (c) of this section, all Native selection rights in and to public lands on the Alaska Peninsula withdrawn under §11(a)(3) of the Alaska Native Claims Settlement Act for Koniag Village Corporations and for Koniag, Incorporated, shall, except as provided in subsection (g) of this section, be extinguished and all claims thereto arising under this Act or the Alaska Native Claims Settlement Act shall be barred, and public lands (except as provided in subsection (g) of this section) shall be included within the Alaska Peninsula National Wildlife Refuge and administered accordingly.
(4) As a condition precedent to the conveyances provided for by subparagraph (1) of this subsection, Koniag, Incorporated, each Koniag Deficiency Village Corporation and each Koniag 12(b) Village Corporation shall file with the Secretary of the Interior resolutions duly adopted by their respective boards of directors accepting the conveyances provided for in this subsection as being in full satisfaction of their respective entitlements to conveyances of Koniag 14(h)(8) lands on the Alaska Peninsula, of deficiency village acreage on the Alaska Peninsula and of 12(b) acreage on the Alaska Peninsula, and Koniag, Incorporated, shall further file with the Secretary of the Interior a resolution duly adopted by its board of directors accepting the provisions of subsection (1) of this section.
(5) The lands on Afognak Island required to be conveyed pursuant Afognak Island to paragraph (1) of this subsection shall remain open and available to recreational and sport hunting and fishing and other recreational uses by the public commercial uses. under applicable law (but without liability on the part of Koniag Incorporated or any Koniag Village Corporation, except for willful acts, to any user by reason of such use), subject only to such reasonable restrictions which may be imposed by Koniag, Incorporated and the affected Koniag Village Corporations for the purposes of limiting or prohibiting such public uses in the immediate vicinity of logging or other commercial operations which may be undertaken by the corporations upon the affected lands. Such restrictions shall comprise only those restrictions necessary to insure public safety and to minimize conflicts between recreational and commercial uses. Koniag, Incorporated and the affected Koniag Village Corporations shall permit access to the lands on Afognak Island conveyed to them by employees of the State for purposes of managing fish and wildlife and by other State officers and employees, and employees of political subdivisions of the State, for the purposes of carrying out this subsection.
(6) To further accomplish the purposes of paragraph (5), Koniag, Incorporated and the Koniag Villages are authorized to enter into cooperative agreements regarding lands on Afognak Island with the Secretary of the Interior, the State of Alaska, and those political subdivisions of the State which desire to participate and which have Jurisdiction over the portions of Afognak Island affected. Each such agreement shall--
(A) permit the Secretary of the Interior reasonable access to such land to carry out the obligations of the Secretary under the agreement;
(B) set forth those services which any other party agrees to provide, which services may include technical and other assistance with respect to fire control, trespass control, law enforcement; resource and land use planning, the conserving of fish and wildlife, and the protection, maintenance, and enhancement of any special values of the land subject to the agreement;
(C) set forth such additional terms and conditions as the parties may agree to as being necessary and appropriate to carry out the terms of the agreement; and
(D) specify the effective period of the agreement.
(c) The Secretary of the Interior shall convey the surface estate on Afognak Island to be conveyed under subsection (b)(1) of this section to a joint venture providing for the development of the surface estate on Afognak Island to be conveyed under this subsection, consisting of the Koniag Deficiency Village Corporations, the Koniag 12(b) Village Corporations and Koniag, Incorporated (or wholly owned subsidiaries thereof), in which (1) the share of the Koniag Deficiency Village Corporations as a class in the costs and revenues of such joint venture is determined on the basis of a fraction, the numerator of which is the deficiency village acreage on the Alaska Peninsula and the denominator is the sum of the deficiency village acreage on the Alaska Peninsula plus the 12(b) acreage on the Alaska Peninsula plus the Koniag 14(h) acreage on the Alaska Peninsula, which fraction shall be multiplied by the number of acres on Afognak Island to be conveyed by reason of subparagraph (b)(1) of this subsection; (2) the share of the Koniag 12(b) Village Corporations as a class is determined on the basis of a fraction, the numerator of which is the 12(b) acreage on the Alaska Peninsula and the denominator of which is the denominator referred to in (l) above, which fraction shall be multiplied by the number of acres on Afognak Island referred to (1) above; and (3) the share of Koniag, Incorporated is determined on the basis of a fraction, the numerator of which is the Koniag 14(h) acreage on the Alaska Peninsula and the denominator of which is the denominator referred to in (1) above which fraction shall be multiplied by the number of acres on Afognak Island to in (1) above. In such joint venture, each Koniag Deficiency Village Corporation shall participate in the share of the Koniag Deficiency Village Corporations as a class in the ratio that the entitlement of each to deficiency village acreage on the Alaska Peninsula bears to the total deficiency village acreage on the Alaska Peninsula and each Koniag 12(b) Village Corporation shall participate in the share of the Koniag 12(b) Village Corporations as a class in the ratio that the number of Natives enrolled under the Alaska Native Claims Settlement Act to the village that corporation represents bears to the number of Natives enrolled to all villages represented by Koniag 12(b) Village Corporations. The conveyance shall be made as soon as practicable after there has been filed with the Secretary of the Interior a duly executed joint venture agreement with provisions for sharing of and entitlements in costs and revenues of such venture as provided in this subsection. The conveyance shall not indicate the respective interests of each of the corporations in the surface estate conveyed but such interests shall be as provided in this subsection which shall be incorporated by reference into the conveyance. The subsurface estate in the foregoing lands shall be conveyed simultaneously to Koniag, Incorporated. Neither the joint venture, and Koniag Village Corporation having an interest in the joint venture or the lands conveyed thereto, nor Koniag, Incorporated shall take or permit any action which may be inimical to bear denning activities on the Tonki Cape Peninsula.
(d) In the event the Ouzinkie Native Corporation and Koniag, Incorporated, within ninety days after the effective date of this Act, enter into an agreement to convey to the Kodiak Island Borough their respective rights, titles, and interests in and to the surface and subsurface estate respectively in the following described land:
Seward Meridian, Alaska Township 27 south, range 20 west;
Sections 9 through 12 inclusive, all;
Sections 13, north half, excluding Monashka Bay; southwest quarter; north half southeast quarter, excluding Monashka Bay; southwest quarter south east quarter;
Sections 14, 15, and 16, all;
Sections 21 and 22, all;
Section 23, north half, north half southwest quarter, southwest quarter southwest quarter, northwest quarter southeast quarter;
Section 24, north half northwest quarter; and
Section 27, north half, southwest quarter west half southeast quarter.
the Secretary of the Interior shall convey to Ouzinkie Native Corporation the surface estate and to Koniag, Incorporated the subsurface estate in the following described land on Afognak Island:
Seward Meridian, Alaska Township 22 south, range 19 west;
Sections 6, 7, 15, all;
Section 18, west half;
Sections 19, 22, 28, all;
Sections 31 through 35 inclusive, all, and;
Section 36, south half.
The agreement between Kodiak Island Borough, Ouzinkie Native Corporation and Koniag, Incorporated may contain the provisions agreed to by the parties including, but not limited, to easements across the lands to be conveyed to the Kodiak Island Borough.
(e)(1) Each village listed in paragraph (2) of this subsection which, through the Koniag Village Corporation listed alongside it, files with the Secretary of the Interior, within sixty days from the effective date of this Act, a release duly authorized by its board of directors releasing, in consideration of the benefits provided for in this section, the United States, its officers, employees, and agents from all claims of the village and the Village Corporations to lands and interests therein arising under the Alaska Native Claims Settlement Act or compensation in any form therefor (except as provided in paragraph (3) of this subsection) along with a release by Koniag, Incorporated, duly authorized by its board of directors, releasing the United States, its officers, employees, and agents, from Koniag's claims to subsurface estate under the Alaska Native Claims Settlement Act arising out of the claims of such village or compensation in any form therefor (except as provided in paragraph (3) of this subsection) shall be deemed an eligible village under the Alaska Native Claims Settlement Act. This section shall be inoperative as to any such village which does not file such a release but shall be operative as to each of such villages which files such a release.
(2) The villages and Koniag Village Corporations referred to in the foregoing paragraph are:
- Anton Larsen Bay - Anton Larsen, Incorporated
- Bells Flats - Bells Flats Natives, Incorporated
- Uganik - Uganik Natives, Incorporated
- Litnik - Litnik, Incorporated
- Port William - Shuyak, Incorporated
- Ayakulik - Ayakulik, Incorporated
- Uyak - Uyak Natives, Incorporated
(3)(A) When Uyak Natives, Incorporated, Uganik Natives Incorporated, or Ayakulik, Incorporated (and Koniag, Incorporated in respect of such corporations) executes a release as provided for in paragraph (1) of this subsection, the Secretary of the Interior shall convey to each Village Corporation executing such release the surface estate of the one square mile of land excluded from the Kodiak Island National Wildlife Refuge by Public Land Order Numbered 1634 on account of the village it represents. The Secretary of the Interior shall by reason of conveyance of surface estate to a Village Corporation under this paragraph (3) convey to Koniag, Incorporated the subsurface estate in such lands.
(B) Upon conveyance of each Koniag Village Corporation of that land described in subparagraph (A), such Village Corporation shall comply with the requirements of subsection (f) of this section except that it shall be required to convey twenty acres to the State in trust for any Municipal Corporation established in the Native village in the future for community expansion and appropriate rights of way for public use, and other foreseeable community needs.
(4) There shall vest in the Native Village Corporation representing each village that files a release as provided for in subsection (e)(1) of this section the right to all revenues received by Koniag, Incorporated from the Alaska Native Fund which would have been distributed to it by Koniag, Incorporated under subsections (j) and (k) of §7 of the Alaska Native Claims Settlement Act (subject to subsection (I) of §7 of that Act) had such village been determined to be eligible at the time of such distributions, less amounts heretofore paid by Koniag, Incorporated under subsection (m) of §7 of that Act to stockholders of such corporations as members of the class of at-large stockholders of Koniag, Incorporated. Each corporation representing a village that files a release as provided for in subsection (e)(1) of this section shall hereafter be entitled to share pro rata with all other Koniag Village Corporations in distributions of funds to Village Corporations made by Koniag, Incorporated out of funds hereafter received by Koniag, Incorporated from the Alaska Native Fund or from any other source and shall be eligible for all other rights and privileges to which Alaska Native Village Corporations are entitled under any applicable laws, except as limited by this subsection. Nothing in this paragraph shall prohibit Koniag, Incorporated from withholding out of funds otherwise due a Village Corporation that files a release as provided for in subsection (e)(l) of this section, such sums as may be required to reimburse Koniag, Incorporated for an equitable portion of expenses incurred by Koniag Incorporated in connection with or arising out of the defense of or assertion of the eligibility of the village represented by such corporation for benefits under the Alaska Native Claims Settlement Act including costs incident to land selection therefor.
(f) All conveyances made by reason of this section shall be subject to the terms and conditions of the Alaska Native Claims Settlement Act as if such conveyances (including patents) had been made or issued pursuant to that Act.
(g) Nothing in this section shall be deemed to affect (1) §15 of the Act of January 2, 1976 (Public Law 94-204) as amended by §911 of this Act; (2) the right, subject to subsection (1) of this section, of Koniag, Incorporated to in lieu subsurface estate on the Alaska Peninsula under §12(a)(1) and §14(f) of the Alaska Native Claims Settlement Act, less the acreage of such in lieu subsurface estate conveyed to Koniag, Incorporated under the provisions of law referred to in subdivision (1) of this subsection, or (3) the right under the Alaska Native Claims Settlement Act of Koniag, Incorporated subject to subsection (1) of this section, to subsurface estate in and to the following described land:
Seward Meridian, Alaska Township 37 south, range 48 west; Section 9; Sections 15 through 17 inclusive; Sections 20 through 22 inclusive; and Sections 28, 33;
Township 37 south, range 49 west; Sections 21 through 23 inclusive; Sections 26 through 28 inclusive; and Sections 33 through 35 inclusive;
Township 38 south, range 48 west; Sections 4 through 9 inclusive;
Township 38 south, range 49 west; Sections 1 through 4 inclusive; Sections 6 through 23 inclusive; and Sections 26 through 34 inclusive;
Township 38 south, range 50 west; Sections 1 through 3 inclusive; Sections 10 through 12 inclusive; Sections 13 through 15 inclusive; Sections 22 through 26 inclusive; and Sections 35, 36;
Township 39 south, range 49 west; Sections 3 through 7 inclusive; Sections 9 through 10 inclusive; and Sections 18, 19, 30;
Township 38 south, range 50 west; Sections 1, 2, 7, 8, 12, 13; Sections 15 through 18 inclusive; Sections 20 through 22 inclusive; Sections 24 through 27 inclusive; and Section 35.
(h) All public lands on Afognak Island, other than those lands referred to in subsections (b)(2)(A) and (B) of this section are hereby withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act as amended, and shall remain so withdrawn until and unless conveyed pursuant to this Act. Any such lands not conveyed under this section except those lands described in subsection (b)(2)(D) may be opened by the Secretary of the Interior to the extent he deems appropriate.
(i) As additional consideration for the relinquishment by Koniag Village Corporations of rights to surface estate on the Alaska and use. Peninsula and by Koniag, Incorporated of rights to surface and subsurface estate thereon as provided in subsection (b)(4) of this section, Koniag, Incorporated shall, solely for purpose of prospecting for, extraction and removal of subsurface resources retained by it under subsection (1) of this section on the Alaska Peninsula, have the same rights of access and use of surface estate, after consultation with the surface owner, as are now provided for in 50 CFR 29.32.
(j) The acreage to be allocated to Koniag, Incorporated under §12(b) of the Alaska Native Claims Settlement Act shall be determined as though each village listed in subparagraph (e)(2) of this section had selected 69,120 acres under §12(a) of the Alaska Native Claims Settlement Act. Acreages allotted to other regional corporations under §12(b) of the Alaska Native Claims Settlement Act shall be determined on the basis of the acreages actually conveyed to such villages under this section or the Alaska Native Claims Settlement Act.
(k) Koniag, Incorporated's interest in the timber resources of the joint venture referred to in subsection (c) of this section, determined as therein provided, shall for purposes of §7(i) of the Alaska Native Claims Settlement Act be deemed to be Koniag's timber resources. Koniag, Incorporated shall be entitled to deduct from its share of proceeds therefrom any and all expenses of the kind and nature which Regional Corporations are entitled to deduct from revenues from timber resource prior to the distributions required by said §7(i).
(l) In conveying subsurface estate to Koniag, Incorporated on the Alaska Peninsula, whether under subsection (g)(3) of this section or as in lieu subsurface estate as provided in §12(a)(1) and §14(f) of the Alaska Native Claims Settlement Act, the Secretary of the Interior shall retain all minerals other than oil and gas and sand and gravel used in connection with prospecting for, extracting, storing or removing oil and gas: Provided, That removal of oil and gas and sand and gravel shall, after consultation with the surface owner, be accomplished as now provided in 50 CFR §29.32. Koniag Incorporated may in its discretion enter into agreements with the owner of the surface estate in such lands for the conveyance of the subsurface estate to the surface owner without compensation, but this provision shall not be construed to require such conveyances without Koniag, Incorporated's agreement.
(m) All public lands, including submerged lands, adjacent to and seaward of Afognak Island from the line of mean high tide to the exterior boundary of the former "Afognak Forest and Fish Culture Reserve', part of the existing Chugach National Forest, as reserved by proclamation dated December 24, 1892, and as shown on the diagram forming a part of the proclamation dated February 23, 1909 are hereby included within the Alaska Maritime National Wildlife Refuge and the lands described in subdivision (D) of subsection (b)(2) of this section are hereby included within the Kodiak National Wildlife Refuge: Provided, That notwithstanding the inclusion of Delphin and Discover Islands in the Alaska Maritime National Wildlife Refuge, the Joint venture provided for in subsection (c) of this section shall be entitled to and there shall be conveyed to the joint venture in the conveyance provided for in subsection (c) hereof, the right to timber resources on such islands: Provided, That management and harvest of such timber resources shall be only in accordance with management plans jointly developed by the joint venture and the Secretary of the Interior.
(n) §22(1)(2) of the Alaska Native Claims Settlement Act as amended by §1410 shall not apply to Koniag, Incorporated or to any Koniag Village Corporation.
(o) Nothing in this section shall abrogate any existing Forest Service timber contract on Afognak Island or revoke existing cabin leases or term special use permits on Afognak Island.
CHUGACH VILLAGE CORPORATION LANDS
§1428. (a) Notwithstanding the restrictions applicable to the Village Corporation selections under §12(b) of the Alaska Native Claims Settlement Act imposed by §12(a) of the Settlement Act, including but not limited to the sixty-nine thousand one hundred and twenty-acre conveyance limitation placed on land selected by Village Corporations within the National Forest National Wildlife Refuge System, or State selected lands, the Secretary shall convey under §14(a) of the Alaska Native Claims Settlement Act from lands previously selected from lands withdrawn pursuant to §11 of such Act in the Chugach National Forest by the Village Corporations created by the enrolled residents of the villages of Chenega, Eyak, and Tatitlek, those additional entitlement acreages which are reallocated to these corporations under §12(b) of such Settlement Act by the Regional Corporation for the Chugach region.
(b) Within ninety days after the enactment of this act, the three Village Corporations referred to in subsection (a) of this section shall file with the Secretary a list of those lands selected by each of them §12(b) from lands withdrawn pursuant to §11 of the Settlement Act from within the Chugach National Forest, in the order of priority in which they wish to receive conveyance to such lands: Provided, however, That the village of Chenega shall not be able to receive conveyance to lands selected pursuant to §12(b) of the Settlement Act on the mainland in the area of Icy Bay and Whale Bay, as depicted on the map entitled "Areas not available for Chenega 12(b) conveyance", dated April 1979: Provided further, That the village of Eyak shall not be able to receive conveyance to lands selected pursuant to §12(b) of the Settlement Act in the area east of Mountain Slough and in the area more than a thousand feet south of the centerline of the Copper River Highway as depicted on the map entitled "Areas not available for Eyak 12(b) conveyance", dated April 1979.
(c) The Board of Directors of Chugach Natives Incorporated, shall, within ninety days after the enactment of this Act, file with the Secretary a resolution indicating the number of acres allocated to each of these Village Corporations under the Regional Corporation's existing sixty-four thousand four hundred-acre 12(b) allocation, and the basis on which future 12(b) allocations made by the Secretary, if any, are to be reallocated among the Village Corporations in the Chugach region.
(d) The Secretary shall process the lands for conveyance in the priority listed, and subject to the requirements of the settlement act for selection, tract size, compactness, and contiguity, convey to the corporations such acreage to which they are entitled: Provided, however, That applicants for selection filed by the State of Alaska under §6(a) of the Alaska Statehood Act, as amended shall take precedence over such Chugach Village Corporation 12(b) selections within the Chugach National Forest, except in the area of Windy and Cedar Bays on Hawkins Islands, where applications for State selections in township 15 south, ranges 4 and 5 west of the Copper River Meridian, shall be subordinated to 12(b) selections filed by the Eyak Corporation, and except further in the area of Boswell Bay on Hinchenbrook Island, where State applications for selection in township 17 south, range 5 west of the Copper River meridian, except for those in sections 10 and 15 of said township, shall be subordinated to 12(b) selections filed by the Eyak Corporation. State applications for selection of any of the above-described lands which are not subordinated to Chugach village selections shall be adjudicated and approved or disapproved pursuant to §6(a) of the Alaska Statehood Act: Provided, however, That any disapproval of such State selections shall not vest any selection right in any Chugach Village Corporation.
(e) Should the corporations fail to timely file the information required by subsections (b) and (c) of this section or if the priority listing submitted under subsection (b) does not meet the tract size, compactness, or contiguity requirements of the Settlement Act, the Secretary may provide the corporations thirty days from the date of notice to file the information to make the necessary corrections.
(f) If any Chugach Village Corporation voluntarily relinquishes any selection of lands within the boundaries of a conservation system unit, such lands shall be added to such unit and administered.
CHUGACH REGIONAL CORPORATION LANDS
§1429. (a) Subject to valid existing rights, within one hundred and eighty days after the enactment of this Act, Chugach Natives Incorporated, shall be entitled to select public lands not reserved for purposes other than National Forests from within the Chugach Region under §14(h)(8) of the Alaska Native Claims Settlement Act from within the boundaries of the Chugach National Forest. Chugach Natives, Incorporated, shall make no selection of lands within the areas identified on the maps entitled "Western Prince William Sound Areas Not Available for Chugach 14(h)(8) Selection" and "Copper River Delta Area Not Available for Chugach 14(h)(8) selection", both dated April 1979.
(b) The Secretary shall receive and adjudicate such selections as though they were timely filed pursuant to §14(h)(8) of the Alaska Native Claims Settlement Act, as though such lands were available for selection under such provision.
(c) The Secretary shall convey such lands selected pursuant to this authorization which otherwise comply with the applicable statutes and regulations: Provided, however, That the corporation shall make no selection of lands, which overlap selection applications filed by the State of Alaska under §6(a) of the Alaska Statehood Act as amended, on or before September 1, 1978, and that any disapproval of such selection applications shall not vest any selection right in Chugach Natives, Incorporated.
(d) If Chugach Natives, Incorporated, elects to select any or all of its lands to which it is entitled under §14(h)(8) of the Settlement Act from lands within the Chugach National Forest made available pursuant to this authority, the following lands within the Carbon Mountain regional deficiency area shall be adjudicated as though they were timely filed by Chugach Natives, Incorporated, under §12(c) of the Settlement Act, notwithstanding any prior relinquishment of 12(c) selections and subsequent selection of these lands by Chugach Natives, Incorporated, under §14(h)(8) of the Settlement Act:
Township 16 south, range 9 east, sections 7 through 10, 16 through 31;
Township 19 south, range 9 east, sections 1 through 36;
Township 20 south, range 9 east, sections 1 through 36; and
Township 20 south, range 10 east, sections 5 through 8, 17 through 20, 29 through 32.
(e) If legislation is enacted or a proposal implemented pursuant to §1430 of this Act, selections by the Chugach Natives, Incorporated, under this section shall also be subject to the provisions of such legislation or proposal.
(f) The Secretary shall process the lands for conveyance under this section subject to the requirements of the Settlement Act for selection, tract size, and compactness. These selections shall also be subject to any requirements regarding contiguity which are agreed to as a result of the study established by §1430.
CHUGACH REGION STUDY
§1430. (a) PARTICIPANTS; PURPOSES.--The Secretary of the Interior, the Secretary of Agriculture, and the Alaska Land Use Council, in conjunction with Chugach Natives, Incorporated, and the State of Alaska, if the State chooses to participate, are directed to study the land ownership and use patterns in the Chugach region. The objectives of the study are: to identify lands pursuant to guidelines contained in §1302(h) of this Act, and in §22(f) of the Settlement Act, as amended, which can be made available for conveyance to Chugach Natives, Incorporated; for the purpose of consolidation of land ownership patterns in the Chugach region; to improve the boundaries of and identify new conservation system units; to obtain a fair and just land settlement for the Chugach people; and realization of the intent, purpose and promise of the Alaska Native Claims Settlement Act by the Chugach Natives, Incorporated. The study participants are directed to identify in-region and out-of-region lands, including lands within the Chugach National Forest and State lands but excluding lands in private ownership, which can be made available to Chugach Natives, Incorporated, in satisfaction of its regional land entitlement pursuant to §12(c) of the Alaska Native Claims Settlement Act, to consider monetary payment in lieu of land and to consider all other options which the participants in the study consider to be appropriate to achieve the objectives set forth above.
(b) LANDS.--Lands identified to meet the study objectives outlined in subsection (a) shall be, to the maximum extent possible, lands of like kind and character to those traditionally used and occupied by the Chugach people and shall be, to the maximum extent possible coastal accessible, and economically viable. The inclusion of lands within the areas designated as Conservation system units or for wilderness study by this Act within the Chugach region shall not preclude the identification of those lands to meet the study objectives outlined in subsection (a).
(c) PROCEDURE.--The study participants shall hold at least three public hearings, at least one of which shall be in Anchorage and at least two of which shall be in the Chugach region. In conducting the study, the study participants shall seek review and comment from the public, including the residents of the Chugach region, and all meetings of the study participants shall be open to the public.
(d) REPORT.--The study shall be completed and the President shall report to the Congress within one year of the date of enactment of this Act. He shall also transmit with the report any legislation necessary to implement the study recommendations.
(e) DEADLINE.--If legislation is necessary to implement the recommendations of the study submitted by the President, then any selection deadlines for Chugach Natives, Incorporated, under §12(c) of the Alaska Native Claims Settlement Act or §14(h)(8) of such Act pursuant to §1429 of this Act will be extended for one year following the date of enactment of the legislation enacted to implement the recommendations of the study submitted by the President.
(f)(1) LAND STATUS DURING STUDY.--Until Congress takes final action on any legislation transmitted by the President which is necessary to implement the study or until the recommendations of the study are implemented, whichever occurs first, all State selections filed after July 21, 1979 pursuant to §6 of the Alaska Statehood Act or Title 9 of this Act within the Chugach region shall be considered timely filed but shall not be adjudicated or conveyed except as provided in this section: Provided, That nothing in this section shall impede or be interpreted so as to restrict the adjudication and conveyance of State selections filed before September 1, 1978: State selections filed after July 21, 1979 within the Chugach region shall be subordinate to the results of the study as implemented or to legislation enacted to implement the study as to the land as affected and any such selection which is in conflict with the results of the study as implemented shall thereupon be denied.
(2) Except for lands within the areas designated as conservation system units or for wilderness study by this Act, the Secretary of the Interior is hereby authorized to withdraw, subject to valid existing rights, any Federal lands identified for possible selection and conveyance or exchange to Chugach in the proposed study report submitted by the President. The Secretary shall specify all forms of appropriation or disposal, if any, prohibited on such lands in such withdrawals, including but not limited to selections by the State of Alaska, appropriations under the mining laws; leasing under the mineral leasing laws or appropriations under any other public land laws. The consent of the head of any agency administering the land in the area to be withdrawn shall not be necessary prior to such withdrawal. Such withdrawal shall remain in force and effect for one year following the date of enactment of the legislation authorizing implementation of the recommendations in the study report signed by the President unless the Secretary shall earlier determine that the lands of any part thereof included in the withdrawal no longer need the protection of the withdrawal. If lands are selected by Chugach Natives, Incorporated, the withdrawals of the selected lands shall remain in force and effect until the selection is conveyed or finally rejected. The withdrawal and any modification, amendment or revocation thereof shall be published in the Federal Register and shall be effective on the date of publication in the Federal Register.
(3) Prior to conveyance, any lands selected by Chugach Natives Incorporated pursuant to the study or legislation implementing the study, shall be subject to administration by the Secretary of the Interior or by the Secretary of Agriculture in the case of national forest lands under applicable laws and regulations, and their authority to make contracts and to grant leases, permits, rights-of-way, or easements shall not be impaired by the withdrawal: Provided, however, That the Secretary shall not make any Contract or grant any lease, permit, right-of-way or easement without prior consultation with Chugach Natives, Incorporated. Any lands irrevocably selected by Chugach Natives, Incorporated, shall not be subject to any contract, lease, permit, right-of-way or easement without the prior consent of Chugach Natives, Incorporated. However, the Secretary shall not be prohibited, if otherwise authorized, from issuing permits without prior consultation with Chugach Natives, Incorporated, or without the consent of Chugach Natives, Incorporated, on lands irrevocably selected by Chugach Natives, Incorporated, to the Prince William Sound Fisheries Management Council for aquaculture sites identified to the Secretary by the Prince William Sound Fisheries Management Council and Chugach Natives, Incorporated, within thirty days after the enactment of this Act.
(4) Lands withdrawn pursuant to this section shall not be construed to be "lands held for the benefit of Indians, Aleuts, and Eskimos" pursuant to §103(e)(2) of Public Law 94-579 (43 U.S.C. 1702 (1976)).
(5) All lands withdrawn under this subsection shall be subject to §2 of Public Law 94-204 (43 U.S.C. 1613).
(g) INTERIM MANAGEMENT.--Until Congress takes final action on any legislation transmitted by the President pursuant to this section or until lands agreed to by the participants in the study are conveyed whichever comes first, the Secretary of the Interior and the Secretary of Agriculture shall manage lands under their control in the Chugach region in close consultation with Chugach Natives, Incorporated and, to the maximum extent possible, in such a manner so as not to adversely affect or preclude any option which the participants in the study may consider.
(h) RELINQUISHED AREAS.--Any lands within the exterior boundaries of a conservation system unit or a national forest previously selected by Chugach Natives, Incorporated, but relinquished by Chugach Natives, Incorporated, shall, upon receipt of any such relinquishment become a part of the unit and administered accordingly.
(i) CONVEYANCE OF EXISTING SELECTIONS.--Prior to the enactment of new legislation to implement the recommendations of the study nothing in this section shall be construed to prevent Chugach Natives, Incorporated, from notifying the Secretary of its desire to receive conveyance of lands previously selected or the power of the Secretary to adjudicate such selections and to convey those lands properly selected.
ARCTIC SLOPE REGIONAL CORPORATION LANDS
§1431 (a) PURPOSES; REFERENCE DOCUMENT.--In order to further the purposes of:
(1) satisfying land entitlements in the Arctic Slope Region;
(2) consolidating and exchanging land holdings for the mutual benefit of the United States and the Native Corporations within the Arctic Slope region; and
(3) providing for oil and gas operations in the Kurupa Lake area, consistent with environmental protection; Congress enacts this section. The specific terms, conditions, procedures, covenants, reservations and other restrictions set forth in the document entitled "Terms and Conditions for Land Exchanges and Resolution of Conveyancing Issues in Arctic Slope Region, Between the Department of the Interior and Arctic Slope Regional Corporation" (hereafter in this section referred to as "Terms and Conditions"), which was executed on June 29, 1979, and subsequently submitted to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, are hereby incorporated in this section, and are ratified, as to the duties and obligations of the United States and the Arctic Slope Regional Corporation, as a matter of Federal law.
(b) TRANSFER TO THE UNITED STATES.--The Secretary is authorized to accept from Arctic Slope Regional Corporation a relinquishment of all right, title, and interest of Arctic Slope Regional Corporation in the following described lands:
Fairbanks Meridian Township 34 north, range 21 west, sections 4 through 9, 16 through 18;
Township 34 north, range 22 west, sections 1 through 6, 11 through 14;
Township 35 north, range 20 west, sections 1 through 24;
Township 35 north, range 21 west, sections 1 through 4, 9 through 16, 21 through 24, 28 through 33;
Township 35 north, range 22 west, sections 1 through 12, 17 through 20, 27 through 34;
Township 35 north, range 23 west, sections 1 through 3, 10 through 17, 20 through 24, 28, 29, 32, 33;
Township 36 north, range 21 west, section 1 through 4, 9 through 20, 23 through 26, 29 through 32, 35, 36;
Township 36 north, range 22 west, sections 5 through 8, 25 through 36;
Township 36 north, range 23 west, sections 1, 5 through 8, 12 through 30, 34 through 36;
Township 36 north, range 24 west, sections 1 through 3, 10 through 12;
Township 37 north, range 21 west, sections 25 through 36;
Township 37 north, range 22 west, sections 25 through 36;
Umiat Meridian Township 12 south, range 11 west, sections 17 through 20, 29, 30;
Township 12 south, range 12 west, sections 13 through 16, 21 through 28;
Township 17 south, range 2 west, partial, sections 3 through 6; and
Township 17 south, range 3 west, partial, sections 1 through 4.
Kateel River Meridian Township 34 north, range 18 east, sections 9 through 16, 21 through 24.
(c) LAND EXCHANGE.--As a land exchange, contingent upon Arctic Slope Regional Corporation's relinquishment of lands described in subsection (b) and upon conveyance of lands described in paragraph (4) below and subject to valid existing rights, (1) the Secretary shall convey to Arctic Slope Regional Corporation all right, title, and interest of the United States in the following described lands, subject to valid existing rights and to the terms, conditions, procedures, covenants, reservations, and restrictions specified in the "Terms and Conditions":
Umiat Meridian Township 13 south, range 4 east, sections 1 through 36;
Township 14 south, range 3 east, sections 9 through 16, 21 through 28, 32 through 36;
Township 15 south, range 3 east, sections 25 through 30, 33 through 36;
Township 15 south, range 4 east, sections 6, 7, 18 through 36; and
Township 16 south, range 3 east, sections 1 through 3, 6, 7, 9 through 16, 18 through 30.
(2) Subject to valid existing rights, the Secretary shall convey to Arctic Slope Regional Corporation all right, title and interest of the United States in the following described lands subject to the terms, conditions, procedures, covenants, reservations and restrictions specified in the "Terms and Conditions":
Umiat Meridian Township 12 south, range 11 west, sections 17 through 20, 29, 30; and
Township 12 south, range 12 west, sections 13 through 16, 21 through 28.
Kateel River Meridian Township 34 north, range 18 east, sections 9 through 16, 21 through 24.
Secretary shall except and reserve access easements for park related purposes from Kurupa Lake to federally owned lands within Gates of the Arctic National Park limited to: The right to land and store aircraft at Kurupa Lake, the right to ingress and egress from the Lake along specific corridors leading to federally owned lands in Gates of the Arctic National Park and the right to camp overnight at the lakeshore and along the specific easement corridors. The conveyance shall be subject to the following covenants: The requirement for a plan of oil and gas operations prior to any exploration or development activities, the authority of the Secretary to modify or revoke any plan of operations for oil and gas exploration which does not utilize available technologies least damaging to the resources of the Kurupa Lake area and surrounding Federal lands and the authority of the Secretary to require good faith consultations to develop a plan of operations for oil and gas development which utilizes available technologies minimizing damage to the resources of the Kurupa Lake area and surrounding Federal lands. Such exceptions, reservations and covenants shall be binding on Arctic Slope Regional Corporation its successors and assigns.
(3) Subject to valid existing rights the Secretary shall convey to Arctic Slope Regional Corporation ali right, title, and interest of the United States, except sand and gravel, in the subsurface estate of the following described lands, subject to the terms, conditions, procedure covenants, reservations, and restrictions specified in the "Terms and Conditions".
Umiat Meridian Township 12 south, range 9 east, sections 1 through 31;
Township 12 south, range 10 east, sections 1 through 18;
(4) The Secretary is authorized to accept from Arctic Slope Regional Corporation a conveyance of all right, title, and interest of Arctic Slope Regional Corporation in the following described lands:
Umiat Meridian Township 13 south, range 1 west, sections 31 through 36;
Township 13 south, range 1 east, sections 31 through 36;
Township 14 south, range 2 east, sections 6, 7, 18, 19, 30, 31;
Township 14 south, range 4 east, sections 1 through 3, 10 through 15, 22 through 27, 33 through 36;
Township 15 south, range 1 west, sections 1 through 6, 11, 12, 19, 20, 27 through 34;
Township 15 south, range 1 east, sections 5 through 8, 17 through 20;
Township 16 south, range 2 east, sections 13 through 15, 22 through 27, 34 through 36;
Township 16 south, range 4 east, sections 1 through 4, 9 through 16, 19 through 36;
Township 17 south, range 1 west, sections 1, 2, 5, 6, partial;
Township 17 south, range 1 east, partial;
Township 17 south, range 3 east, partial;
Township 16 south, range 2 west, sections 19 through 36;
Township 16 south, range 3 west, sections 19 through 28, 33 through 36;
Township 15 south, range 4 west, sections 2 through 4, 9 through 11, 14 through 16, 19 through 23, 26 through 32; and
Township 16 south, range 4 west, sections 5 through 8, 17 through 24.
(d) TRANSFERS TO NATIVE CORPORATION.--The Secretary shall convey to Arctic Slope Regional Corporation all right, title, and interest of the United States in the following described lands selected or identified for selection pursuant to the Alaska Native Claims Settlement Act, and to the extent such lands lie outside the boundaries of the National Petroleum Reserve in Alaska:
Umiat Meridian Township 3 south, range 6 west, sections 24 through 26, 33 through 36;
Township 4 south, range 6 west, sections 1 through 5, 7 through 36;
Township 4 south, range 7 west, sections 11 through 16, 19 through 36;
Township 4 south, range 8 west, sections 23 through 29, 32 through 36;
Township 5 south, range 6 west, sections 1 through 18;
Township 5 south, range 7 west, sections 1 through 36;
Township 5 south, range 8 west, sections 1 through 5, 7 through 36;
Township 5 south, range 9 west, sections 25 through 27, 34 through 36;
Township 6 south, range 6 west sections 19, 30, 31;
Township 6 south, range 7 west sections 1 through 18, 22 through 27, 34 through 36;
Township 7 south, range 6 west, sections 5 through 8, 17 through 20, 29 through 32;
Township 7 south, range 7 west, sections 1, 2, 11 through 14, 19 through 36;
Township 7 south, range 8 west, sections 19 through 36;
Township 7 south, range 9 west, sections 22 through 27, 34 through 36;
Township 8 south, range 6 west, sections 4 through 9, 16 through 36;
Township 8 south, range 7 west, sections 1 through 36;
Township 8 south, range 8 west, sections 1 through 18, 22 through 27, 34 through 36;
Township 9 south, range 6 west, sections 1 through 36;
Township 9 south, range 7 west, sections 1 through 36;
Township 9 south, range 8 west, sections 1 through 36;
Township 10 south, range 5 west, sections 19 through 36;
Township 10 south, range 6 west, sections 1 through 36;
Township 10 south, range 7 west, sections 1 through 36;
Township 10 south, range 8 west, sections 1 thr ough 36;
Township 10 south, range 9 west, sections 19 through 36;
Township 10 south, range 10 west, sections 19 through 36;
Township 11 south, range 5 west, sections 1 through 18;
Township 11 south, range 6 west, sections 1 through 18;
Township 11 south, range 7 west, sections 1 through 21, 28 through 33;
Township 11 south, range 8 west, sections 1 through 36;
Township 11 south, range 9 west, sections 1 through 36;
Township 11 south, range 10 west, sections 1 through 36;
Township 11 south, range 11 west, sections 1 through 36;
Township 11 south, range 12 west, sections 1 through 36;
Township 11 south, range 13 west, sections 1 through 36;
Township 12 south, range 8 west, partial, sections 1 through 24;
Township 12 south, range 9 west, partial, sections 1 through 24;
Township 12 south, range 10 west, partial, sections 1 through 24;
Township 12 south, range 11 west, sections 1 through 16, 21 through 28;
Township 12 south, range 12 west, sections 1 through 12, 17 through 20, 29, 30;
Township 12 south, range 13 west, sections 1 through 30;
Kateel River Meridian Township 34 north, range 16 east, sections 7 through 24;
Township 34 north, range 17 east, sections 7 through 24, and
Township 34 north, range 18 east, sections 7, 8, 17 through 20.
(e) ACQUISITION AND EXCHANGE AUTHORITY.--(1) The Secretary is authorized, in order to carry out the purposes of this Act, to acquire by purchase or exchange any of the following described lands which have been or may hereafter be conveyed to Arctic Slope Regional Corporation pursuant to subsection (c)(2) of this section or pursuant to the Alaska Native Claims Settlement Act:
Umiat Meridian Township 12 south, range 8 east, sections 1 through 36;
Township 12 south, range 7 east, sections 7 through 36;
Township 12 south, range 6 east, sections 10 through 15, 22 through 27, 34 through 36;
Township 13 south, range 7 east, sections 1 through 18;
Township 13 south, range 6 east, sections 1 through 18;
Township 12 south, range 11 west, sections 17 through 20, 29, 30; and
Township 12 south, range 12 west, sections 13 through 16, 21 through 28.
Kateel River Meridian Township 34 north, range 18 east, sections 9 through 16, 21 through 24.
(2) Lands specified in paragraph (1) of this subsection may be acquired for such purposes only with the consent of Arctic Slope Regional Corporation. If such lands are so acquired by the Secretary, or if any such lands are not conveyed to Arctic Slope Regional Corporation, such lands shall become, and be administered as, a part of Gates of the Arctic National Park, the boundaries of the Park shall thereby be deemed to include such lands to the same extent as if the lands were included within such boundaries by this Act: Provided, That no such boundary change shall take effect until ninety days after the Secretary provides notice in writing to the Congress of his intention to consummate an acquisition that would result in such boundary change.
(3) To facilitate an exchange provided for in this subsection, the Secretary is authorized to make available to Arctic Slope Regional Corporation lands, or interests therein, from public lands within the Arctic Slope Region, as determined pursuant to §7(a) of the Alaska Native Claims Settlement Act, including lands, or interests therein, within the National Petroleum Reserve Alaska in the event that the lands within the reserve are made subject to leasing under the Mineral Leasing Act of 1920, as amended, or are otherwise made available for purposes of development of oil, gas, or other minerals.
(f) LAND EXCHANGE.--As a land exchange:
(1) contingent upon Arctic Slope Regional Corporation conveying the lands described in paragraph (2) below and upon receiving interim conveyances to the following described lands:
Umiat Meridian Township 9 south, range 2 west, sections 22 through 27, 34 through 36;
Township 9 south, range 3 west, sections 1 through 3, 10 through 12;
Township 9 south, range 12 west, sections 1 through 18; and
Township 9 south, range 13 west, sections 1 through 3, 10 through 15, 22 through 24.
(2) the Secretary shall convey to Arctic Slope Regional Corporation all right title and interest of the United States in the following described lands:
Umiat Meridian Township 9 south, range 12 west, sections 19 through 24;
Township 9 south, range 11 west, sections 4 through 9, 16 through 21;
Township 9 south, range 3 west, sections 13 through 15, 22 through 27; and
Township 9 south, range 2 west, sections 28, 33.
(2) the Secretary is authorized to accept from Arctic Slope Regional Corporation a relinquishment of all right title and interest of Arctic Slope Regional Corporation in the following described lands:
Umiat Meridian Township 28 south, range 11 west Sections 13 through 15, 22 through 27; and
Township 8 south, range 10 west, sections 7 through 11, 13 through 21, 28 through 33.
(g) KAKTOVlK EXCHANGE.--As a land exchange, contingent upon Kaktovik Inupiat Corporation conveying the lands described in paragraph (1) of this subsection and upon the Arctic Slope Regional Corporation conveying the lands described in paragraph (4) of this subsection--
(1) the Secretary is authorized to accept from Kaktovik Inupiat Corporation all right, title and interest of Kaktovik Inupiat Corporation in the surface estate of the following described lands:
Umiat Meridian Township 2 south, range 23 east, sections 25 through 28, 33 through 36; and
Township 2 south, range 24 east, sections 1 through 24, 29 through 32.
(2) the Secretary shall convey to Kaktovik Inupiat Corporation all right, title and interest of the United States in the surface estate of the following described lands:
All those lands on Kaktovik Island Barter Island Group, Alaska, which were not properly selected by Kaktovik Inupiat Corporation on or before December 18, 1975, and which were not on January 1, 1979, in a defense withdrawal: Provided, That such lands when conveyed to Kaktovik Inupiat Corporation shall be subject to the provisions of the Alaska Native Claims Settlement Act, including section 22(g) of said Act, except that the acreage limitation for Village Corporation selection of lands within the National Wildlife Refuge System shall not apply;
(3) Kaktovik Inupiat Corporation shall identify additional lands it desires to acquire pursuant to this exchange from within the following described lands, and to the extent necessary to acquire the surface estate of an aggregate total of twenty-three thousand and forty acres, including the lands conveyed by the Secretary to Kaktovik Inupiat Corporation pursuant to subsection (g)(2) hereof:
Umiat Meridian Township 7 north, ranges 32 through 36 east;
Township 8 north, ranges 32 through 36 east; and
Township 9 north, ranges 33 through 34 east;
or such other adjacent lands as the Secretary and Kaktovik Inupiat Corporation may mutually agree upon. Upon the concurrence of the Secretary in the lands identified, he shall convey to Kaktovik Inupiat Corporation all right, title and interest of the United States in the surface estate of the lands so identified: Provided, That such lands shall be contiguous to lands previously conveyed to Kaktovik Inupiat Corporation pursuant to §14(a) of the Alaska Native Claims Settlement Act: Provided further, That such lands when conveyed to Kaktovik Inupiat Corporation shall be subject to the provisions of the Alaska Native Claims Settlement Act, including §22(g) of said Act except that the acreage limitation for Village Corporation selection of lands within the National Wildlife Refuge System shall not apply;
(4) the Secretary is authorized to accept from Arctic Slope Regional Corporation a conveyance of all right, title and interest of Arctic Slope Regional Corporation in the subsurface estate of the following described lands:
Umiat Meridian Township 2 south, range 23 east, sections 25 through 28, 33 through 36; and
Township 2 south, range 24 east, sections 1 through 24, 29 through 32.
(h) WEYUK LANDS TRANSFER.--Upon the concurrence of the Secretary of Defense, the Secretary shall convey to Arctic Slope Regional Corporation all right, title and interest of the United States in all or part of the following described lands:
Beginning at Weyuk, United States Coast and Geodetic Survey Mark (1586) north 62 degrees east 2,900 feet, more or less the true point of beginning of this description, thence north 1,100 feet, more or less, thence easterly, meandering along the coast approximately 2,000 feet, more or less, thence south 700 feet more or less, thence west 1,800 feet, more or less, to the true point of beginning.
(i) NAVAL ARCTIC RESEARCH LABORATORY.--The Secretary shall convey to Ukpeagvik Inupiat Corporation all right, title and interest of the United States in the surface estate of the following described lands:
Umiat Meridian Township 23 north, range 18 west, sections 13 fractional excluding interim conveyance numbered 045, 14 excluding northwest quarter; southwest quarter; west half southeast quarter 23 excluding northwest quarter; west half northeast quarter southwest quarter, southeast quarter, 24 excluding east half southwest quarter and interim conveyance numbered 045, 28 excluding northeast quarter; southeast quarter 29 fractional, 32 fractional, excluding United States Survey 4615, United States Survey 1432, and interim conveyance numbered 045, 33 excluding northeast quarter; east half east half northwest quarter west quarter southeast quarter and interim conveyance numbered 045.
(j) RIGHTS-OF-WAY, ETC.--(1) In recognition that Arctic Slope Regional Corporation has a potential need for access in an easterly direction from its landholdings in the Kurupa Lake area and the watershed of the Killik River to the Trans-Alaska Pipeline corridor the Secretary is authorized and directed, upon application by Arctic Slope Regional Corporation for a right-of-way in this region, to grant to such corporation, its successors and assigns, according to the provisions of §28 of the Mineral Leasing Act of 1920, as amended, a right-of-way across the following public lands, or such other public lands as the Secretary and Arctic Slope Regional Corporation may mutually agree upon, for oil and gas pipelines related transportation facilities and such other facilities as are necessary for the construction, operation and maintenance of such pipelines:
Umiat Meridian Township 11 south, range 10 west;
Township 10 south, ranges 8 through 10 west;
Township 10 south, range 7 west, sections 19 through 36;
Township 11 south, range 7 west, sections 1 through 18;
Township 11 south, range 6 west;
Township 11 south, range 5 west, sections 1 through 18;
Township 10 south, range 5 west, sections 19 through 36;
Township 10 south, ranges 1 through 4 west; and
Township 10 south, ranges 1 through 10 east.
The final alignment and location of all facilities across public lands shall be in the discretion of the Secretary.
(2) The Secretary shall make available to Arctic Slope Regional Corporation, its successors and assigns, such sand and gravel as is reasonably necessary for the construction or maintenance of any pipeline or facility and use of rights-of-way appurtenant to the exercise of the rights granted under this subsection, such sand and gravel to be provided to Arctic Slope Regional Corporation, its successors and assigns, for fair market value by negotiated sale.
(k) NEPA.--The National Environmental Policy Act of 1969 (83 Stat. 852) shall not be construed, in whole or in part, as requiring the preparation or submission of any environmental document for any action taken by the Secretary or the Secretary of Defense pursuant to this section.
(l) SURFACE USES, ETC.--(1) With respect to the following described lands, the subsurface estate of which is to be conveyed to Arctic Slope Regional Corporation pursuant to subsection (c) hereof:
Umiat Meridian Township 12 south, range 9 east, sections 1 through 31; and
Township 12 south, range 10 east, sections 1 through 18.
Arctic Slope Regional Corporation shall have such use of the surface estate, including such right of access thereto, as is reasonably necessary to the exploration for and removal of oil and gas from said subsurface estate, subject to such rules and regulations by the Secretary that are applicable to the National Park System.
(2) The Secretary shall identify for Arctic Slope Regional Corporation, its successors and assigns, reasonably available sand and gravel which may be used without cost to the United States in the construction and maintenance of facilities and use of rights-of-way appurtenant to the exercise of the rights conveyed under this subsection notwithstanding the provisions of §601 et seq., title 30, United States Code, and sand and gravel shall be made available at no charge to Arctic Slope Regional Corporation.
(m) RELATION TO ENTITLEMENTS.--(1) The Secretary shall reduce the acreage charged against the entitlement of Arctic Slope Regional Corporation pursuant to §12(c) of the Alaska Native Claims Settlement Act by the amount of acreage determined by the Secretary to be conveyed by Arctic Slope Regional Corporation to the United States pursuant to subsection (c)(4) of this section.
(2) The Secretary shall charge against the entitlement of Arctic Slope Regional Corporation pursuant to §12(c) of the Alaska Native Claims Settlement Act the lands conveyed by the Secretary to Arctic Slope Regional Corporation pursuant to subsections (c)(l) (c)(2), (d), (f) (1) and (h) of this section.
(3) The Secretary shall reduce the acreage charged against the entitlement of Arctic Slope Regional Corporation pursuant to §12(a)(1) of the Alaska Native Claims Settlement Act by the amount of acreage determined by the Secretary to be conveyed by Arctic Slope Regional Corporation to the United States pursuant to subsection (g)(4) of this section.
(4) Notwithstanding the exception by the United States of sand and gravel, the Secretary shall charge against the entitlement of Arctic Slope Regional Corporation pursuant to §12(a)(1) of the Alaska Native Claims Settlement Act the lands conveyed by the Secretary to Arctic Slope Regional Corporation pursuant to subsection (c)(3) of this section.
(5) The Secretary shall reduce the acreage charged against the entitlement of Kaktovik Inupiat Corporation pursuant to §12(a) of the Alaska Native Claims Settlement Act by the amount of acreage determined by the Secretary to be conveyed by Kaktovik Inupiat Corporation to the United States pursuant to subsection (g)(1) of this section.
(6) The Secretary shall charge against the entitlement of Kaktovik Inupiat Corporation pursuant to §12(a) of the Alaska Native Claims Settlement Act the lands conveyed by the Secretary to Kaktovik Inupiat Corporation pursuant to subsection (g) (2) and (3) of this section.
(7) The Secretary shall charge against the entitlement of Ukpeagvik Inupiat Corporation pursuant to §12(a) of the Alaska Native Claims Settlement Act the lands conveyed by the Secretary to Ukpeagvik Inupiat Corporation pursuant to subsection (i) of this section.
(8) In no event shall the conveyances issued by the Secretary to Arctic Slope Regional Corporation, Kaktovik Inupiat Corporation and Ukpeagvik Inupiat Corporation pursuant to the Alaska Native Claims Settlement Act and this section exceed the total entitlements of such Corporations under the Alaska Native Claims Settlement Act, except as expressly provided for in subsection (g) of this section.
(n) RESERVED LANDS.--(1) Congress finds that it is in the public interest to reserve in public ownership the submerged lands in the bed of the Colville River adjacent to lands selected by Kuupik Corporation and in the beds of the Nechelik Channel, Kupigruak Channel, Elaktoveach Channels, Tamayayak Channel, and Sakoonang Channel from the Colville River to the Arctic Ocean, and (2) notwithstanding any other provision of law, conveyance of the surface estate of lands selected by Kuukpik Corporation pursuant to §12 (a) and (b) of the Alaska Native Claims Settlement Act and associated conveyance of the subsurface estate to Arctic Slope Regional Corporation pursuant to §14(f) of such Act shall not include conveyance of the beds of the Colville River and of the channels named in this subsection, and the acreage represented by the beds of such river and of such named channels shall not be charged against the land entitlement of Kuukpik Corporation and Arctic Slope Regional Corporation pursuant to the provisions of the Alaska Native Claims Settlement Act.
(o) FUTURE OPINION TO EXCHANGE, ETC.--(1) Whenever, at any time within forty years after the date of enactment of this Act, public lands in the National Petroleum Reserve Alaska or in the Arctic National Wildlife Range, within seventy-five miles of lands selected by a Village Corporation pursuant to the provisions of §12(a)(1) of the Alaska Native Claims Settlement Act, are opened for purposes of commercial development (rather than exploration) of oil or gas, Arctic Slope Regional Corporation shall be entitled, at its option, within five years of the date of such opening, to consolidate lands by exchanging the in-lieu subsurface lands which it selected pursuant to the provisions of §12(a)(1) of the Act for an equal acreage of the subsurface estate, identified by Arctic Slope Regional Corporation, beneath the lands selected by the Village Corporation. Prior to the exercise of such option, Arctic Slope Regional Corporation shall obtain the concurrence of the affected Village Corporation. The subsurface estate identified for receipt by Arctic Slope Regional Corporation pursuant to this subsection shall be contiguous and in reasonably compact tracts, except as separated by lands which are unavailable for selection, and shall be in whole sections and, wherever feasible, in units of not less than five thousand seven hundred and sixty acres.
(2) Arctic Slope Regional Corporation shall not be entitled to exchange, pursuant to the provisions of paragraph (1) of this subsection, any in-lieu subsurface estate which the corporation has developed for purposes of commercial extraction of subsurface resources; unless the Secretary determines such an exchange to be in the national interest.
(3) The Secretary shall take such steps as may be necessary to effectuate an exchange sought by Arctic Slope Regional Corporation in accordance with the provisions of paragraph (1).
(4) With regard to subsurface estates acquired by Arctic Slope Regional Corporation pursuant to this subsection, the Secretary may promulgate such regulations as may be necessary to protect the environmental values of the Reserve or Range and consistent with the regulations governing the development of those lands within the Reserve or Range which have been opened for purposes of development, including, but not limited to, regulations issued pursuant to §22(g) of the Alaska Native Claims Settlement Act.
(p) CONDITIONS.--All lands or interests in lands conveyed by the Secretary in subsections (d), (f)(1), (g)(2), (g)(3), (h), and (i) of this section to Arctic Slope Regional Corporation or a Village Corporation, as the case may be, shall be subject to valid existing rights, and in accordance with, and subject to, the provisions of the Alaska Native Claims Settlement Act, as amended, as though the lands were originally conveyed to such corporation under the provisions of such Act.
COOK INLET VILLAGE SETTLEMENT
§1432. The Secretary is directed to:
(a) Terminate the review of the eligibility of Salamatof Native Association, Incorporated and withdraw any determination that said village corporation is not eligible for benefits under §14(a) of this Act.
(b) Implement the agreement among the Secretary, Cook Inlet Region, Incorporated and Salamatof Native Association, Incorporated, which agreement dated August 17, 1979, had been filed with the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs in the House of Representatives, the terms of which are hereby authorized.
(c) Remove from the Kenai National Moose Range the surface estate of any land, therein to be conveyed to Salamatof and the subsurface estate of any lands therein conveyed or to be conveyed to Cook Inlet Region, Incorporated, pursuant to the agreement authorized to be implemented under subparagraph (ii) of this paragraph.
(d) Implement an agreement among Cook Inlet Region, Incorporated, the corporation representing the Village of Alexander Creek the corporation representing the group of Alexander Creek and the United States, if such agreement is filed with the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives prior to December 18, 1979, the terms of which are hereby authorized, and upon performance of the conditions precedent set forth in said agreement, certify Alexander Creek, Incorporated, as a group corporation, eligible for land and other benefits under the Alaska Native Claims Settlement Act and this Act.
(e) Treat lands conveyed to Alexander Creek as lands conveyed to Village Corporations for the limited purpose of calculating the acreage to be charged against the entitlement of Cook Inlet Region under §4 of Public Law 94-456.
(f) Accept any lands that are tendered by the State of Alaska for the purpose of implementing the agreement described in subparagraph (i) of this paragraph, such tender not to be subject to the provisions of §6(i) of the Alaska Statehood Act (72 Stat. 339).
BRISTOL BAY NATIVE CORPORATION LANDS
§1433. (a) The following lands are hereby withdrawn for selection pursuant to the provisions of §14 (h)(8) of the Alaska Native Claims Settlement Act and this section:
Seward Meridian Township 14 south, range 56 west, sections 6, 7, 18, 19, and 30.
(b) On or prior to one hundred and eighty days from the date of enactment of this Act, Bristol Bay Native Corporation may select pursuant to §14(h)(8) of the Alaska Native Claims Settlement Act, the lands withdrawn pursuant to subsection (a).
(c) The Secretary shall convey to Bristol Bay Native Corporation the surface and subsurface estate of the acreage selected by it Conveyances pursuant to this section shall be subject to valid existing rights and the provisions of the Alaska Native Claims Settlement Act.
(d) Nothing in this section shall be deemed to increase or decrease the acreage entitlement of Bristol Bay Native Corporation, under any section of the Alaska Native Claims Settlement Act.
(e) Any lands withdrawn under subsection (a) and not conveyed to Bristol Bay Native Corporation, shall return to the public domain subject to any prior withdrawals made by the Secretary pursuant to subsection 17(d)(1) of the Alaska Native Claims Settlement Act subsection 204(e) of the Federal Land Policy and Management Act and the provisions of §906(k) of this Act.
SHEE ATIKA-CHARCOAL AND ALICE ISLAND CONVEYANCE
§1434. In partial satisfaction of the rights of Shee Atika Incorporated, under §14(h)(3) of the Alaska Native Claims Settlement Act, the Secretary of the Interior shall convey to Shee Atika, Incorporated, subject to reservation of easements as provided in §17(b)(3) of that Act, the surface estate, and to Sealaska Corporation the subsurface estate, in and to the land owned by the United States in section 1, township 56 S, range 63 E, Copper River meridian, comprising Charcoal and Alice Islands, excluding, however, the land therein occupied under Federal permit by the Mount Edgecombe Grade School, the lands comprising the Mausoleum of the United States Public Health Service, as designated by that Service and the lands comprising the maintenance and warehouse buildings of the Bureau of Indian Affairs, Department of the Interior, as designated by the Bureau of Indian Affairs, and approximately 1.5 acres, heretofore declared excess to the needs of the United States Public Health Service and transferred to the General Services Administration. Shee Atika, Incorporated, shall designate from the land heretofore selected by or conveyed to it pursuant to §14(h)(3) of the Alaska Native Claims Settlement Act, a block of land equal in acreage to the lands to be conveyed to it under this provision, and all claims and rights of Shee Atika, Incorporated, in and to the surface estate, and all claims and rights of Sealaska Corporation, in and to the subsurface estate of such designated lands shall be deemed extinguished.
AMENDMENT TO PUBLIC LAW 94-204
§1435. §12(b) of the Act of January 2, 1976 (Public Law 94-204), as amended by §4 of the Act of October 4, 1976 (Public Law 94-456) and §3 of the Act of November 15, 1977 (Public Law 95-178) is hereby amended to add the following new paragraphs:
"12(b)(7)(i) Until the obligations of the Secretary and the Administrator of General Services under subsection 12(b)(6) of this Act are otherwise fulfilled: (a) Cook Inlet Region, Incorporated, may, by crediting the account established in subsection 12(b)(7)(ii), bid, as any other bidder for surplus property, wherever located, in accordance with the Federal Property and Administrative Services Act of 1949 (4O U.S.C. §484), as amended. No preference right of any type will be offered to Cook Inlet Region Incorporated, for bidding for General Services Administration surplus property under this subparagraph and no additional advertising shall be required other than that prescribed in title 40, United States Code, §484(e)(2) of the Federal Property and Administrative Services Act, (b) the Administrator of General Services may, at the discretion of the Administrator, tender to the Secretary any surplus property otherwise to be disposed of pursuant to 40 U.S.C. 484(e)(3) to be offered Cook Inlet Region, Incorporated for a period of 90 days so as to aid in the fulfillment of the Secretary's program purposes under the Alaska Native Claims Settlement Act: Provided, That nothing in this subsection 12(b)(i)(b) shall be construed to establish, enlarge or diminish authority of the Administrator or the Secretary within the State of Alaska. If the Region accepts such property, it shall be in exchange for acres or acre-equivalents as provided in subparagraph I(C)(2)(e) of the document, referred to in subsection (b) of this section. Prior to any disposition under subsection 12(b)(7)(i)(b), the Administrator shall notify the governing body of the locality where such property is located and any appropriate State agency, and no such disposition shall be made if such governing body or State agency within ninety days of such notification formally advises the Administrator that it objects to the proposed disposition.
"(ii) The Secretary of the Treasury shall establish a Cook Inlet Region, Incorporated surplus property account, which shall be available for the purpose of bidding on Federal surplus property. The balance of the account shall be the acre-equivalent exchange value established by paragraph I(C)(2)(e) of the document referred to in this subsection, of the unfulfilled entitlement of Cook Inlet Region Incorporated, the effective date of this subsection to acre or acre equivalents under paragraph I(C)(2)(g) of the document referred to in this subsection and shall be adjusted to reflect transfers or successful bids under subsection 12(b)(6) of this section.
"(iii) The amount charged against the Treasury account established under subsection (ii) shall be treated as proceeds of dispositions of surplus property for the purpose of determining the basis for calculating direct expenses pursuant to 40 U.S.C. 485(b), as amended.
"(iv) The basis for computing gain or loss on subsequent sale or other disposition of lands or interests in land conveyed to Cook Inlet Region, Incorporated, under this subsection, for purposes of any Federal, State or local tax imposed on or measured by income, shall be the fair value of such land or interest in land at the time of receipt. The amount charged against Cook Inlet's entitlement under I(C)(2)(e) of the document referred to in subsection (b) of this section shall be prima facie evidence of such fair value.
"12(b)(8) Cook Inlet Region, Incorporated, the Secretary and/or the Administrator shall have until July 15, 1982, to complete the nomination of lands for the pool described in subsection 12(b)(6): Provided, however, That the Secretary shall report to Congress on January 15 1982, as to:
"(i) Such studies and inquiries as shall have been initiated by the Secretary and the Administrator of General Services, or have been prepared by other holding agencies, to determine what lands, within the exterior boundaries of the Cook Inlet Region, or elsewhere can be made available to the Cook Inlet Region Incorporated, to the extent of its entitlement;
"(ii) The feasibility and appropriate nature of reimbursement to Cook Inlet Region, Incorporated, for its unfulfilled entitlement as valued in paragraph I(C)(2)(e) of the document referred to in this subsection;
"(iii) The extent to which implementation to the mechanisms established in subsection 12(b)(7) promise to meet said unfulfilled commitment; and
"(iv) Such other remedial legislation on administrative action as may be needed.
INALIK NATIVE CORPORATION LANDS
§1436. (a) Upon the filing of a valid relinquishment by the State of Alaska of its selections of the following described lands, said lands are hereby withdrawn, subject to valid existing rights for a period of one year for selection by the Inalik Native Corporation:
Kateel River Meridian Township 1 south, range 41 west;
Township 1 south, range 42 west; and
Township 1 south, range 43 west.
(b) The Inalik Native Corporation is authorized to select the lands described in subsection (a) in partial satisfaction of its entitlement under §14 of the Alaska Native Claims Settlement Act. The Secretary shall receive and adjudicate such selections as though they were timely filed pursuant to §12 of the Alaska Native Claims Settlement Act, and shall convey said lands to the Inalik Native Corporation and the Bering Straits Native Corporation pursuant to §14 of the Alaska Native Claims Settlement Act.
(c) Nothing in this section shall be deemed to increase or decrease the acreage entitlement of the Inalik Native Corporation and Bering Straits Native Corporation under any section of the Alaska Native Claims Settlement Act.
CONVEYANCES TO VILLAGE CORPORATIONS
§1437. (a) OPTIONAL PROCEDURE.--The provisions of this section shall be applicable only to the conveyance of Federal lands described herein to a Native Corporation which within one hundred and eighty days after the date of enactment of this Act or the date of eligibility determination, whichever is later, files a document with the Secretary setting forth its election to receive conveyance pursuant to this section.
(b) "CORE" TOWNSHIPS ETC.--(1)(A) Except to the extent that conveyance of a surface estate would be inconsistent with §12(a), 14(a), 14(b), or 22(1) of the Alaska Native Claims Settlement Act, subject to valid existing rights and §903(a) of this Act, there is hereby conveyed to and vested in each Village Corporation for a Native Village which is determined by the Secretary to be eligible for land under §11 or 16 of the Alaska Native Claims Settlement Act, and which did not elect to acquire a former reserve under §19(b) of such Act, all of the right, title, and interest of the United States in and to the surface estate in the public lands, as defined in such Act, in the township or townships withdrawn pursuant to §11(a)(1) or 16(a) of such Act in which all or any part of such Village is located. As used in this paragraph the term "Native Village" has the same meaning such term has in §3(c) of the Alaska Native Claims Settlement Act.
(B) Where two or more Village Corporations are entitled to the same land by virtue of the same township or townships embracing all or part of the Native Villages, the conveyance made by paragraph (A) shall not be effective as to such lands until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary. Within thirty days of receipt of such decision or agreement, the Secretary shall publish notice of the decision or agreement in the Federal Register. Effective with such Federal Register publication, title to the lands conveyed by subparagraph (A) shall vest in the Village Corporation as specified in the decision or agreement. For purposes of §902, until title vests in the Village Corporation pursuant to this subparagraph, the Secretary shall consider the entire acreage involved chargeable to each Corporation's entitlement.
(2) Except to the extent that conveyance of a surface estate would be inconsistent with §12(a), 14(a), or 22(1) of the Alaska Native Claims Settlement Act, subject to valid existing rights and § 903(a) of this Act, there is hereby conveyed to and vested in each Village Corporation for a Native Village which is determined by the Secretary to be eligible for land under §11 of such Act, and which did not elect to acquire a former reserve under §19(b) of such Act, all of the right, title, and interest of the United States in and to the surface estate in the township or townships withdrawn pursuant to §11(a)(2) of such Act in which all or any part of such village is located: Provided, That any such land reserved to or selected by the State of Alaska under the Acts of March 4, 1915 (38 Stat. 1214), as amended, January 21, 1929 (45 Stat. 1091), as amended, or July 28, 1956 (70 Stat. 709), and lands selected by the State which have been tentatively approved to the State under §6(g) of the Alaska Statehood Act and as to which the State, prior to December 18, 1971, had conditionally granted title to, or contracts to purchase, the surface estate to third parties, including cities and boroughs within the State, and such reservations, selections, grants, and contracts had not expired or been relinquished or revoked by the date of this Act, shall not be conveyed by operation of this paragraph: And provided further, That the provisions of subparagraph (1)(B) of this subsection shall apply to the conveyances under this paragraph.
(3) Subject to valid existing rights and §903(a) of this Act there is hereby conveyed to and vested in each Village Corporation which, by the date of enactment of this Act, is determined by the Secretary to be eligible under the Alaska Native Claims Settlement Act to, and has elected to, acquire title to any estate pursuant to §19(b) of the Alaska Native Claims Settlement Act, all of the right, title, and interest of the United States in and to the estates in a reserve, as such reserve existed on December 18, 1971, which was set aside for the use or benefit of the stockholders or members of such Corporation before the date of enactment of the Alaska Native Claims Settlement Act. Nothing in this paragraph shall apply to the Village Corporation for the Native village of Klukwan, which Corporation shall receive those rights granted to it by the Act of January 2, 1976 (Public Law 94-204) as amended by the Act of October 4, 1976 (Public Law 94-456).
(4) Subject to valid existing rights and §903(a) of this Act, and except where such lands are within a National Wildlife Refuge or the National Petroleum Reserve Alaska, for which the Regional Corporation obtains in-lieu rights pursuant to §12(a)(1) of the Alaska Native Claims Settlement Act, there is hereby conveyed to and vested in each Regional Corporation which, as a result of a conveyance of a surface estate by operation of paragraphs (1) and (2) of this subsection, is entitled under §14(f) of the Alaska Native Claims Settlement Act to receive the subsurface estate corresponding to such surface estate, all of the right, title, and interest of the United States in and to such subsurface estate.
(c) DOCUMENTS.--As soon as possible after the date of enactment of this Act, the Secretary shall issue to each Native Corporation referred to in subsection (b) interim conveyances or patents to the estate or estates conveyed to such Corporation by such subsection, but title shall be deemed to have passed on the date of the filing of a document of election described in subsection (a), notwithstanding any delay in the issuance of the interim conveyances or patents.
(d) RECONVEYANCES; DISPUTES.--A Village Corporation's obligation to reconvey lands under §14(c) of the Alaska Native Claims Settlement Act shall arise only upon receipt of an interim conveyance or patent, whichever is earlier, under subsection (c) of this section or under such Act. For purposes of the Alaska Native Claims Settlement Act, legislative conveyances made by, or interim conveyances and patents issued pursuant to, this title shall have the same effect as if issued pursuant to §14(a), §14(b), §14(f), and §19(b) of the Alaska Native Claims Settlement Act and shall be deemed to have been so issued. Disputes between or among Native Corporations arising from conveyances under this Act shall be resolved by a board of arbitrators of a type described in §12(e) of the Alaska Native Claims Settlement Act pertaining to disputes over land selection rights and the boundaries of Village Corporations.
(e) EXISTING RIGHTS.--All conveyances made by operation of this section shall be subject to the terms and conditions of the Alaska Native Claims Settlement Act as if such conveyances or patents had been made or issued pursuant to that Act.
(f) EASEMENTS.--For a period of one year from the date of enactment of this Act, the Secretary may identify and issue a decision to reserve in the patent those easements, pursuant to §17(b)(3) of the Alaska Native Claims Settlement Act, which are described in §17(b)(1) of such Act on lands conveyed by this section, but the Secretary shall not reserve a greater number of easements or more land for a particular easement or easements than is reasonably necessary and he shall be guided by the principles of §903 of this Act. Upon the finality of the decision so issued, such easements shall be reserved in the conveyance document or documents issued by the Secretary as required by this section.
(g) DEFINITION.--For purposes of this section, the term "Native Corporation" means Village Corporations and Regional Corporations.
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