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HR 2000 - 105

ANCSA Land Bank Protection Act of 1998

Became Public Law No: 105-333.

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Impact 82% Confidence 76%

ANCSA Land Bank Protection Act of 1998 Became Public Law No: 105-333. Native Americans

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Summary

36 Passed House amended Jan 11, 2001

ANCSA Land Bank Protection Act of 1998 - Amends the Alaska National Interest Lands Conservation Act (ANILCA) to include lands conveyed to a Native Corporation pursuant to an exchange authorized under the Alaska Native Claims Settlement Act (ANCSA) or other applicable law among lands that are exempt, as long as such lands are not developed, leased, or sold to third parties, from adverse possession claims, real property taxes, specified judgments, and involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. Specifies that lands shall not be considered developed, leased, or sold to a third party as a result of an exchange or conveyance between or among Native Corporations and trusts, partnerships, corporations, or joint ventures (trusts) whose beneficiaries, partners, shareholders, or joint venturers (beneficiaries) are Native Corporations. Makes certain prohibitions regarding actions by a trustee inapplicable to actions by any trustee whose right, title, or interest in land arises pursuant to an agreement between or among Native Corporations and trusts whose beneficiaries are Native Corporations. (Sec. 2) Amends ANILCA to revise the definition of "developed" to: (1) require any purposeful modification of land to be performed by a Native individual or Native Corporation; and (2) prohibit any lands previously developed by third-party trespassers from being considered to have been developed. (Sec. 3) Amends ANCSA to authorize a Native Regional Corporation, upon request, to obtain the retained mineral estate of the Native Allotments that are totally surrounded by ANCSA land selections. Limits a Regional Corporation to a total of not more than 12,000 acres. (Sec. 4) Amends the Alaska Land Status Technical Corrections Act of 1992 to treat the establishment of the Gold Creek account and conveyance of land, if any, as though 3,520 acres of land had been conveyed to Gold Creek Susitna Association, Incorporated, under ANCSA for which rights to subsurface estate are provided to CIRI (Cook Inlet Region Incorporated). Requires, within one year from enactment, that CIRI select 3,520 acres of subsurface estate in land from the area designated for selection by a specified document. Limits total land selections to five, each of which shall be compact and in whole sections, except when separated by unavailable land or when the remaining entitlement is less than a whole section. (Sec. 5) Amends ANCSA to exempt certain bonds received by a household, an individual Native, or a descendant of a Native from a Native Corporation from being taken into account as an asset or resource in determining eligibility for need based Federal programs. (Sec. 6) Amends the Department of Defense Appropriations Act, 1992 with respect to the implementation, valuation, and administration of the Calista Corporation land exchange. (Sec.7) Amends ANCSA to include the Haida Corporation and the Haida Traditional Use Sites with respect to transferring the administration of mining claims on Regional Corporation lands and not subjecting any revenues remitted to Haida Corporation to distribution under such Act. (Sec. 8) Amends ANCSA to exempt revenues received by a Regional Corporation from the sale of sand, gravel, stone, pumice, peat, clay, or cinder resources from the revenue sharing requirements otherwise applicable to revenues received for timber resource and subsurface estate sales. (Sec. 9) Amends ANILCA to: (1) provide for the approval of certain protested Alaska Native allotment applications; and (2) require the Secretary, in selecting individuals to provide certain visitor services, to give preference to the Native Corporations (currently, the Native Corporation) most directly affected by the establishment or expansion of any conservation system unit by or under the provisions of such Act. Requires any allotment application which is open and pending and which is legislatively approved by this section, to be made subject to any easement, trail, or right-of-way in existence on the date of the applicant's commencement of use and occupancy. (Sec. 11) Requires a report to the Congress concerning local hires under ANILCA and their inability to obtain competitive service positions. (Sec. 12) Amends ANCSA to authorize and confirm the authority of a Native Corporation to provide benefits to its shareholders who are Natives or descendants of Natives or to its shareholders' immediate family members who are Natives or descendants of Natives to promote the health, education, or welfare of such shareholders or family members. Provides that eligibility for such benefits need not be based on share ownership in the Native Corporation and that such benefits may be provided on a basis other than pro rata based on share ownership. (Sec. 13) Expands the exception to the prohibition against a Settlement Trust alienating land or any interest in land received from a settlor Native Corporation to apply where the land is conveyed for a homesite by the Trust to a beneficiary of the Trust who is also a legal resident under Alaska law of the Native village of the settlor corporation and the conveyance does not exceed 1.5 acres.

17 Reported to House with amendment(s) Jan 11, 2001

Amends the Alaska National Interest Lands Conservation Act (ANILCA) to include lands conveyed to a Native Corporation pursuant to an exchange authorized under the Alaska Native Claims Settlement Act (ANCSA) or other applicable law among lands that are exempt, as long as such lands are not developed, leased, or sold to third parties, from adverse possession claims, real property taxes, specified judgments, and involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. Specifies that lands shall not be considered developed, leased, or sold to a third party as a result of an exchange or conveyance between or among Native Corporations and trusts, partnerships, corporations, or joint ventures (trusts) whose beneficiaries, partners, shareholders, or joint venturers (beneficiaries) are Native Corporations. Makes certain prohibitions regarding actions by a trustee inapplicable to actions by any trustee whose right, title, or interest in land arises pursuant to an agreement between or among Native Corporations and trusts whose beneficiaries are Native Corporations. (Sec. 2) Amends ANCSA to authorize a Native Regional Corporation, upon request, to obtain the retained mineral estate of the Native Allotments that are totally surrounded by ANCSA land selections. Limits a Regional Corporation to a total of not more than 12,000 acres. (Sec. 3) Amends ANCSA to exempt certain bonds received by a household, an individual Native, or a descendant of a Native from a Native Corporation from being taken into account as an asset or resource in determining eligibility for need based Federal programs. (Sec. 4) Amends the Alaska Land Status Technical Corrections Act of 1992 to treat the establishment of the Gold Creek account and conveyance of land, if any, as though 3,520 acres of land had been conveyed to Gold Creek Susitna Association, Incorporated, under ANCSA for which rights to subsurface estate are provided to CIRI (Cook Inlet Region Incorporated). Requires, within one year from enactment, that CIRI select 3,520 acres of land from the area designated for selection by a specified document. Limits total land selections to five, each of which shall be compact and in whole sections, except when separated by unavailable land or when the remaining entitlement is less than a whole section. (Sec. 5) Amends the Department of Defense Appropriations Act, 1992 with respect to the implementation, valuation, and administration of the Calista Corporation land exchanges. Extends the restriction on certain property transfers. (Sec.6) Amends ANCSA to include the Haida Corporation and the Haida Traditional Use Sites with respect to transferring the administration of mining claims on Regional Corporation lands and not subjecting any revenues remitted to Haida Corporation to distribution under such Act. (Sec. 7) Amends ANCSA to exempt revenues received by a Regional Corporation from the sale of sand, gravel, stone, pumice, peat, clay, or cinder resources from the revenue sharing requirements otherwise applicable to revenues received for timber resource and subsurface estate sales. (Sec. 8) Amends ANILCA to: (1) provide for the approval of certain protested Alaska Native allotment applications; and (2) require the Secretary, in selecting individuals to provide certain visitor services, to give preference to the Native Corporations (currently, the Native Corporation) most directly affected by the establishment or expansion of any conservation system unit by or under the provisions of such Act. Requires any allotment application which is open and pending and which is legislatively approved by this section, to be made subject to any easement, trail, or right-of-way in existence on the date of the applicant's commencement of use and occupancy. (Sec. 10) Requires a report to the Congress concerning local hires under ANILCA and their inability to obtain competitive service positions.

00 Introduced in House Jan 11, 2001

Amends the Alaska National Interest Lands Conservation Act (ANILCA) to include lands conveyed to a Native Corporation pursuant to an exchange authorized under the Alaska Native Claims Settlement Act (ANCSA) or other applicable law among lands that are exempt, as long as such lands are not developed, leased, or sold to third parties, from adverse possession claims, real property taxes, specified judgments, and involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. Specifies that lands shall not be considered developed, leased, or sold to a third party as a result of an exchange or conveyance between or among Native Corporations and trusts, partnerships, corporations, or joint ventures (trusts) whose beneficiaries, partners, shareholders, or joint venturers (beneficiaries) are Native Corporations. Makes certain prohibitions regarding actions by a trustee inapplicable to actions by any trustee whose right, title, or interest in land arises pursuant to an agreement between or among Native Corporations and trusts whose beneficiaries are Native Corporations. (Sec. 2) Amends ANCSA to authorize a Native Regional Corporation, upon request, to obtain the retained mineral estate of the Native Allotments that are totally surrounded by ANCSA land selections. Limits a Regional Corporation to a total of not more than 12,000 acres. (Sec. 3) Amends ANCSA to exempt certain bonds received by a household, an individual Native, or a descendant of a Native from a Native Corporation from being taken into account as an asset or resource in determining eligibility for need based Federal programs. (Sec. 4) Amends the Alaska Land Status Technical Corrections Act of 1992 to treat the establishment of the Gold Creek account and conveyance of land, if any, as though 3,520 acres of land had been conveyed to Gold Creek Susitna Association, Incorporated, under ANCSA for which rights to in-lieu subsurface estate are provided to CIRI (Cook Inlet Region Incorporated). Requires, within one year from enactment, that CIRI select 3,520 acres of land from the area designated for in-lieu selection by a specified document. (Sec. 5) Amends the Department of Defense Appropriations Act, 1992 with respect to the implementation, valuation, and administration of the Calista Corporation land exchanges. Extends the restriction on certain property transfers. (Sec.6) Amends ANCSA to include the Haida Corporation and the Haida Traditional Use Sites with respect to transferring the administration of mining claims on Regional Corporation lands and not subjecting any revenues remitted to Haida Corporation to distribution under such Act. (Sec. 7) Amends ANCSA to exempt revenues received by a Regional Corporation from the sale of sand, gravel, stone, pumice, peat, clay, or cinder resources from the revenue sharing requirements otherwise applicable to revenues received for timber resource and subsurface estate sales. (Sec. 8) Amends ANILCA to: (1) provide for the approval of certain protested Alaska Native allotment applications; and (2) require the Secretary, in selecting individuals to provide certain visitor services, to give preference to the Native Corporations (currently, the Native Corporation) most directly affected by the establishment or expansion of any conservation system unit by or under the provisions of such Act. (Sec. 10) Requires a report to the Congress concerning local hires under ANILCA and their inability to obtain competitive service positions.

Sponsors

Timeline

Oct 31, 1998

Signed by President.

Oct 31, 1998

Signed by President.

Oct 31, 1998

Became Public Law No: 105-333.

Oct 31, 1998

Became Public Law No: 105-333.

Oct 20, 1998

Presented to President.

Oct 20, 1998

Presented to President.

Oct 8, 1998

Message on Senate action sent to the House.

Oct 7, 1998

Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S11813)

Oct 7, 1998

Passed Senate without amendment by Unanimous Consent. (consideration: CR S11813)

Sep 24, 1998

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 601.

Sep 23, 1998

Mr. Young (AK) moved to suspend the rules and pass the bill, as amended.

Sep 23, 1998

Considered under suspension of the rules. (consideration: CR H8477-8488)

Sep 23, 1998

DEBATE - The House proceeded with forty minutes of debate.

Sep 23, 1998

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

Sep 23, 1998

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

Sep 23, 1998

Motion to reconsider laid on the table Agreed to without objection.

Aug 5, 1998

Reported (Amended) by the Committee on Resources. H. Rept. 105-677.

Aug 5, 1998

Reported (Amended) by the Committee on Resources. H. Rept. 105-677.

Aug 5, 1998

Placed on the Union Calendar, Calendar No. 383.

Oct 1, 1997

Committee Consideration and Mark-up Session Held.

Oct 1, 1997

Ordered to be Reported (Amended) by Voice Vote.

Jun 19, 1997

Introduced in House

Jun 19, 1997

Introduced in House

Jun 19, 1997

Sponsor introductory remarks on measure. (CR E1261)

Jun 19, 1997

Referred to the House Committee on Resources.

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