[Page S8019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

RATIFYING AN AGREEMENT BETWEEN THE ALEUT CORPORATION AND THE UNITED
STATES OF AMERICA

Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 448, S. 1325.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (S. 1325) to ratify an agreement between the Aleut
Corporation and the United States of America to exchange land
rights received under the Alaska Native Claims Settlement Act
for certain land interests on Adak Island, and for other
purposes.

There being no objection, the Senate proceeded to the consideration
of the bill, which had been reported from the Committee on Energy and
Natural Resources, with an amendment, as follows:

(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic)

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress finds that:
(1) Adak Island is an isolated island located 1,200 miles
southwest of Anchorage, Alaska, between the Pacific Ocean and
the Bering Sea. The Island, with its unique physical and
biological features, including a deep water harbor and
abundant marine-associated wildlife, was recognized early for
both its natural and military values. In 1913, Adak Island
was reserved and set aside as a Preserve because of its value
to seabirds, marine mammals, and fisheries. Withdrawals of
portions of Adak Island for various military purposes date
back to 1901 and culminated in the 1959 withdrawal of
approximately half of the Island for use by the Department of
the Navy for military purposes.
(2) By 1990, military development on Adak Island supported
a community of 6,000 residents. Outside of the Adak Naval
Complex, there was no independent community on Adak Island.
(3) As a result of the Defense Base Closure and Realignment
Act of 1990 (104 Stat. 1808), as amended, the Adak Naval
Complex has been closed by the Department of Defense.
(4) The Aleut Corporation is an Alaskan Native Regional
Corporation incorporated in the State of Alaska pursuant to
the Alaska Native Claims Settlement Act (ANCSA), as amended
(43 U.S.C. 1601, et seq.). The Aleut Corporation represents
the indigenous people of the Aleutian Islands who prior to
the Russian exploration and settlement of the Aleutian
Islands were found throughout the Aleutian Islands which
includes Adak Island.
(5) None of Adak Island was available for selection by The
Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C.
1613(h)(8)) because it was part of a National Wildlife Refuge
and because the portion comprising the Adak Naval Complex was
withdrawn for use by the United States Navy for military
purposes prior to the passage of ANCSA in December 1971.
(6) The Aleut Corporation is attempting to establish a
community on Adak and has offered to exchange ANCSA land
selections and entitlements for conveyance of certain lands
and interests therein on a portion of Adak formerly occupied
by the Navy.
(7) Removal of a portion of the Adak Island land from
refuge status will be offset by the acquisition of high
quality wildlife habitat in other Aleut Corporation
selections within the Alaska Maritime National Wildlife
Refuge, maintaining a resident human population on Adak to
control caribou, and making possible a continued U.S. Fish
and Wildlife Service presence in that remote location to
protect the natural resources of the Aleutian Islands Unit of
the Alaska Maritime National Wildlife Refuge.
(8) It is in the public interest to promote reuse of the
Adak Island lands by exchanging certain lands for lands
selected by The Aleut Corporation elsewhere in the Alaska
Maritime National Wildlife Refuge. Experience with
environmental problems associated with formerly used defense
sites in the State of Alaska suggests that the most effective
and efficient way to avoid future environmental problems on
Adak is to support and encourage active reuse of Adak.

SEC. 2. RATIFICATION OF AGREEMENT.

The document entitled the ``Agreement Concerning the
Conveyance of Property at the Adak Naval Complex''
(hereinafter ``the Agreement''), and dated September 20,
2000, executed by The Aleut Corporation, the Department of
the Interior and the Department of the Navy, together with
any technical amendments or modifications to the boundaries
that may be agreed to by the parties is hereby ratified,
confirmed, and approved and the terms, conditions,
procedures, covenants, reservations, indemnities and other
provisions set forth in the Agreement are declared to be
obligations and commitments of the United States and The
Aleut Corporation: Provided, That modifications to the maps
and legal descriptions of lands to be removed from the
National Wildlife Refuge System within the military
withdrawal on Adak Island set forth in Public Land Order 1949
may be made only upon agreement of all Parties to the
Agreement and notification given to the Committee on
Resources of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United
States Senate: Provided further, That the acreage conveyed to
the United States by The Aleut Corporation under the
Agreement, as modified, shall be at least 36,000 acres.

SEC. 3. REMOVAL OF LANDS FROM REFUGE.

Effective on the date of conveyance to the Aleut
Corporation of the Adak Exchange Lands as described in the
Agreement, all such lands shall be removed from the National
Wildlife Refuge System and shall neither be considered as
part of the Alaska Maritime National Wildlife Refuge nor be
subject to any laws pertaining to lands within the boundaries
of the Alaska Maritime National Wildlife Refuge, including
the conveyance restrictions imposed by section 22(g) of the
ANCSA, 43 U.S.C. 1621(g), for land in the National Wildlife
Refuge System. The Secretary shall adjust the boundaries of
the Refuge so as to exclude all interests in lands and land
rights, surface and subsurface, received by The Aleut
Corporation in accordance with this Act and the Agreement.

SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT.

Lands and interests therein exchanged and conveyed by the
United States pursuant to this Act shall be considered and
treated as conveyances of lands or interests therein under
the Alaska Native Claims Settlement Act, except that receipt
of such lands and interests therein shall not constitute a
sale or disposition of land or interests received pursuant to
such Act. The public easements for access to public lands and
waters reserved pursuant to the Agreement are deemed to
satisfy the requirements and purposes of Section 17(b) of the
Alaska Native Claims Settlement Act.

SEC. 5. REACQUISITION OF LANDS.

The Secretary of the Interior is authorized to acquire by
purchase or exchange, on a willing seller basis only, any
land conveyed to The Aleut Corporation under the Agreement
and this Act. In the event any of the lands are subsequently
acquired by the United States, they shall be automatically
included in the Refuge System. The laws and regulations
applicable to Refuge lands shall then apply to these lands
and the Secretary shall then adjust the boundaries
accordingly.

SEC. 6. GENERAL.

(a) [Notwithstanding any other provision of law,]
Notwithstanding the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 483-484) and the
Defense Base Closure and Realignment Act of 1990, as amended
(10 U.S.C. 2687), and for the purposes of the transfer of
property authorized by this Act, Department of Navy personal
property that remains on Adak Island is deemed related to the
real property and shall be conveyed by the Department of the
Navy to The Aleut Corporation at no additional cost when the
related real property is conveyed by the Department of the
Interior.
(b) The Secretary of the Interior shall convey to the Aleut
Corporation those lands identified in the Agreement as the
former landfill sites without charge to the Aleut
Corporation's entitlement under the Alaska Native Claims
Settlement Act.
(c) Any property, including, but not limited to,
appurtenances and improvements, received pursuant to this Act
shall, for purposes of section 21(d) of the Alaska Native
Claims Settlement Act, as amended, and section 907(d) of the
Alaska National Interest Lands Conservation Act, as amended,
be treated as not developed until such property is actually
occupied, leased (other than leases for nominal consideration
to public entities) or sold by The Aleut Corporation, or, in
the case of a lease or other transfer by The Aleut
Corporation to a wholly owned development subsidiary,
actually occupied, leased, or sold by the subsidiary.
(d) Upon conveyance to The Aleut Corporation of the lands
described in Appendix A of the Agreement, the lands described
in Appendix C of the Agreement will become unavailable for
selection under ANCSA.
(e) The maps included as part of Appendix A to the
Agreement depict the lands to be conveyed to The Aleut
Corporation. The maps shall be left on file at the Region 7
Office of the U.S. Fish and Wildlife Service and the offices
of Alaska Maritime National Wildlife Refuge in Homer, Alaska.
The written legal descriptions of the lands to be conveyed to
The Aleut Corporation are also part of Appendix A. In case of
any discrepancies, the maps shall be controlling.

Mr. REID. Mr. President, I ask unanimous consent that the committee
amendment be agreed to, the bill, as amended, be read three times,
passed, and the motion to reconsider be laid upon the table; and that
any statements relating thereto be printed in the Record, without
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment was agreed to.
The bill (S. 1325), as amended, was read the third time and passed.

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