[108th Congress Public Law 129]
[From the U.S. Government Printing Office]
[DOCID: f:publ129.108]
[[Page 1357]]
ALASKAN NATIVE VILLAGE AND THE INTERIOR DEPARTMENT LAND EXCHANGE
[[Page 117 STAT. 1358]]
Public Law 108-129
108th Congress
An Act
To authorize the exchange of lands between an Alaska Native Village
Corporation and the Department of the Interior, and for other
purposes. <<NOTE: Nov. 17, 2003 - [S. 924]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: 16 USC 668dd
note.>> assembled,
SECTION 1. DEFINITIONS.
For the purposes of this Act, the term--
(1) ``ANCSA'' means the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.);
(2) ``ANILCA'' means the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.);
(3) ``Calista'' means the Calista Corporation, an Alaska
Native Regional Corporation established pursuant to ANCSA;
(4) ``Identified Lands'' means approximately 10,943 acres of
lands (including surface and subsurface estates) designated as
``Proposed Village Site'' on a map entitled ``Proposed Newtok
Exchange,'' dated September, 2002, and available for inspection
in the Anchorage office of the United States Fish and Wildlife
Service;
(5) ``limited warranty deed'' means a warranty deed which
is, with respect to its warranties, limited to that portion of
the chain of title from the moment of conveyance from the United
States to Newtok to and including the moment at which such title
is validly reconveyed to the United States;
(6) ``Newtok'' means the Newtok Native Corporation, an
Alaska Native Village Corporation established pursuant to ANCSA;
(7) ``Newtok lands'' means approximately 12,101 acres of
surface estate comprising conveyed lands and selected lands
identified as Aknerkochik on the map referred to in paragraph
(4) and that surface estate selected by Newtok on Baird Inlet
Island as shown on the map; and
(8) ``Secretary'' means the Secretary of the Interior.
SEC. 2. LANDS TO BE EXCHANGED.
(a) Lands Exchanged to the United States.--If, within 180 days after
the date of enactment of this Act, Newtok expresses to the Secretary in
writing its intent to enter into a land exchange with the United States,
the Secretary shall accept from Newtok a valid, unencumbered conveyance,
by limited warranty deed, of the Newtok lands previously conveyed to
Newtok. The Secretary shall also accept from Newtok a relinquishment of
irrevocable prioritized selections for approximately 4,956 acres for
those validly selected lands not yet conveyed to Newtok.
[[Page 117 STAT. 1359]]
(b) Lands Exchanged to Newtok.--In exchange for the Newtok lands
conveyed and selections relinquished under subsection (a), the Secretary
shall, subject to valid existing rights and notwithstanding section
14(f) of ANCSA, convey to Newtok the surface and subsurface estates of
the Identified Lands. The conveyance shall be by interim conveyance.
Subsequent to the interim conveyance, the Secretary shall survey
Identified Lands at no cost to Newtok and issue a patent to the
Identified Lands subject to the provisions of ANCSA and this Act.
SEC. 3. CONVEYANCE.
(a) Timing.--The Secretary shall issue interim conveyances pursuant
to subsection 2(b) at the earliest possible time after acceptance of the
Newtok conveyance and relinquishment of selections under subsection
2(a).
(b) Relationship to ANCSA.--Lands conveyed to Newtok under this Act
shall be treated as having been conveyed under the provisions of ANCSA,
except that the provisions of 14(c) and 22g of ANCSA shall not apply to
these lands. Consistent with section 103(c) of ANILCA, these lands shall
not be included as a portion of the Yukon Delta National Wildlife Refuge
and shall not be subject to regulations applicable solely to public
lands within this Conservation System Unit.
(c) Effect on Entitlement.--Except as otherwise provided, nothing in
this Act shall be construed to change the total acreage of land to which
Newtok is entitled under ANCSA.
(d) Effect on Newtok Lands.--The Newtok Lands shall be included in
the Yukon Delta National Wildlife Refuge as of the date of acceptance of
the conveyance of those lands from Newtok, except that residents of the
Village of Newtok, Alaska, shall retain access rights to subsistence
resources on those Newtok lands as guaranteed under section 811 of
ANILCA (16 U.S.C. 3121), and to subsistence uses, such as traditional
subsistence fishing, hunting and gathering, consistent with section 803
of ANILCA (16 U.S.C. 3113).
(e) Adjustment to Calista Corporation ANCSA Entitlement for
Relinquished Newtok Selections.--To the extent that Calista subsurface
rights are affected by this Act, Calista shall be entitled to an
equivalent acreage of in lieu subsurface entitlement for the Newtok
selections relinquished in the exchange as set forth in subsection 2(a)
of this Act. This equivalent entitlement shall come from subsurface
lands already selected by Calista, but which have not been conveyed. If
Calista does not have sufficient subsurface selections to accommodate
this additional entitlement, Calista Corporation is hereby authorized to
make an additional in lieu selection for the deficient acreage from
lands within the region but outside any conservation system unit.
[[Page 117 STAT. 1360]]
(f) Adjustment to Exchange.--If requested by Newtok, the Secretary
may consider and make adjustments to the exchange to meet the purposes
of this Act, subject to all the same terms and conditions of this Act.
Approved November 17, 2003.
LEGISLATIVE HISTORY--S. 924:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 108-345 (Comm. on Resources).
SENATE REPORTS: No. 108-97 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 17, considered and passed Senate.
Nov. 4, considered and passed House.
<all>