S. 522

Salmon Lake Land Selection Resolution Act

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II

Calendar No. 280

111th CONGRESS

2d Session

S. 522

[Report No. 111–130]

IN THE SENATE OF THE UNITED STATES

March 4, 2009

Ms. Murkowski (for herself and Mr. Begich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

March 2, 2010

Reported by Mr. Bingaman, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To resolve the claims of the Bering Straits Native Corporation and the State of Alaska to land adjacent to Salmon Lake in the State of Alaska and to provide for the conveyance to the Bering Straits Native Corporation of certain other public land in partial satisfaction of the land entitlement of the Corporation under the Alaska Native Claims Settlement Act.

1.

Short title

This Act may be cited as the Salmon Lake Land Selection Resolution Act.

2.

Findings; purpose

(a)

Findings

Congress finds that—

(1)

Salmon Lake and the water upstream and downstream from Salmon Lake contain important fisheries resources of significance to Alaska Natives in the Bering Straits Region and other residents of the State of Alaska;

(2)

certain land adjacent to Salmon Lake on the Seward Peninsula within the Bering Straits Region contains archaeological and cultural resources of significance to Alaska Natives in the Bering Straits Region, other residents of the State, and the citizens of the United States;

(3)

land adjacent to Salmon Lake on the Seward Peninsula within the Bering Straits Region offers, and is suitable for, a variety of recreational activities;

(4)

the State of Alaska, acting under the Act of July 7, 1958 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21; Public Law 85–508), has selected land in the Salmon Lake area under section 6(b) of that Act (72 Stat. 340);

(5)

the Bering Straits Native Corporation, an Alaska Native Regional Corporation formed under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), has selected land in the Salmon Lake area under section 14(h)(8) of that Act (43 U.S.C. 1613(h)(8));

(6)

the Bering Straits Native Corporation and the State of Alaska have conflicting selections to certain land in the Salmon Lake area;

(7)

the Secretary of the Interior, the State, and the Bering Straits Native Corporation have concluded that it is in the interest of those parties—

(A)

to protect and preserve the historical, cultural, and natural resources of the Salmon Lake area;

(B)

to equitably resolve, without further administrative appeals or litigation, the conflicting land selections made—

(i)

by the State under the Act of July 7, 1958 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21; Public Law 85–508); and

(ii)

by the Bering Straits Native Corporation in the Salmon Lake area under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and

(C)

to provide simultaneously for—

(i)

continued public ownership, management, use, and access to certain land in the Salmon Lake area;

(ii)

conveyance to the State of certain land in the Salmon Lake area in partial satisfaction of the entitlement of the State under section 6(a) of the Act of July 7, 1958 (48 U.S.C. note prec. 21; Public Law 85–508); and

(iii)

conveyance to the Bering Straits Native Corporation of certain land in the Salmon Lake area and other areas of the Bering Straits Region in partial satisfaction of the land allocation of the Corporation under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and

(8)

legislation is required to ratify the agreement among the Secretary of the Interior, the State, and the Bering Straits Native Corporation to resolve the conflicting land selections made by the State and the Bering Straits Native Corporation.

(b)

Purpose

The purpose of this Act is to ratify the Salmon Lake Area Land Ownership and Consolidation Agreement entered into by the Secretary, the State of Alaska, and the Bering Straits Native Corporation.

3.

Definitions

In this Act:

(1)

Agreement

The term Agreement means the document—

(A)

entitled Salmon Lake Area Land Ownership and Consolidation Agreement;

(B)

executed by the Secretary, the State, and the Bering Straits Native Corporation on July 18, 2007; and

(C)

on file with—

(i)

the Department of the Interior;

(ii)

the Committee on Energy and Natural Resources of the Senate; and

(iii)

the Committee on Natural Resources of the House of Representatives.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

State

The term State means the State of Alaska.

4.

Ratification of Agreement

(a)

Ratification

(1)

In general

Congress approves, ratifies, and incorporates by reference the Agreement.

(2)

Conflict

Subject to valid existing rights, if any term of the Agreement conflicts with any other provision of law, the terms of the Agreement shall control.

(b)

Authorization

The Secretary may carry out all actions permitted or required under the Agreement.

1.

Short title

This Act may be cited as the Salmon Lake Land Selection Resolution Act.

2.

Purpose

The purpose of this Act is to ratify the Salmon Lake Area Land Ownership Consolidation Agreement entered into by the United States, the State of Alaska, and the Bering Straits Native Corporation.

3.

Definitions

In this Act:

(1)

Agreement

The term Agreement means the document between the United States, the State, and the Bering Straits Native Corporation that—

(A)

is entitled the Salmon Lake Area Land Ownership Consolidation Agreement;

(B)

had an initial effective date of July 18, 2007, which was extended until January 1, 2011 by agreement of the parties to the Agreement effective January 1, 2009; and

(C)

is on file with Department of the Interior, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives.

(2)

Bering straits native corporation

The term Bering Straits Native Corporation means an Alaskan Native Regional Corporation formed under the Alaska Native Claims Settlement Act (43 U.S. C. 1601 et. seq.) for the Bering Straits region of the State.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

State

The term State means the State of Alaska.

4.

Ratification and implementation of agreement

(a)

In general

Subject to the provisions of this Act, Congress ratifies the Agreement.

(b)

Easements

The conveyance of land to the Bering Straits Native Corporation, as specified in the Agreement, shall include the reservation of the easements that—

(1)

are identified in Appendix E to the Agreement; and

(2)

were developed by the parties to the Agreement in accordance with section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)).

(c)

Corrections

Beginning on the date of enactment of this Act, the Secretary, with the consent of the other parties to the Agreement, may only make typographical or clerical corrections to the Agreement and any exhibits to the Agreement.

(d)

Authorization

The Secretary shall carry out all actions required by the Agreement.

March 2, 2010

Reported with an amendment