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U.S. Code as of:
01/19/04
Section 1618. Revocation of reserved rights; excepted reserve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations; restoration of land to Elim Native Corporation
(a) Revocation of reserved rights; excepted reserve
Notwithstanding any other provision of law, and except where
inconsistent with the provisions of this chapter, the various
reserves set aside by legislation or by Executive or Secretarial
Order for Native use or for administration of Native affairs,
including those created under section 497 of title 25, are hereby
revoked subject to any valid existing rights of non-Natives. This
section shall not apply to the Annette Island Reserve established
by section 495 of title 25 and no person enrolled in the Metlakatla
Indian community of the Annette Island Reserve shall be eligible
for benefits under this chapter.
(b) Acquisition of title to surface and subsurface estates in
reserve; election of Village Corporations
Notwithstanding any other provision of law or of this chapter,
any Village Corporation or Corporations may elect within two years
to acquire title to the surface and subsurface estates in any
reserve set aside for the use or benefit of its stockholders or
members prior to December 18, 1971. If two or more villages are
located on such reserve, the election must be made by all of the
members or stockholders of the Village Corporations concerned. In
such event, the Secretary shall convey the land to the Village
Corporation or Corporations, subject to valid existing rights as
provided in section 1613(g) of this title, and the Village
Corporation shall not be eligible for any other land selections
under this chapter or to any distribution of Regional Corporations
funds pursuant to section 1606 of this title, and the enrolled
residents of the Village Corporation shall not be eligible to
receive Regional Corporation stock.
(c) Restoration of land to Elim Native Corporation
(1) Findings
The Congress finds that -
(A) approximately 350,000 acres of land were withdrawn by
Executive orders in 1917 for the use of the United States
Bureau of Education and of the Natives of Indigenous Alaskan
race;
(B) these lands comprised the Norton Bay Reservation (later
referred to as Norton Bay Native Reserve) and were set aside
for the benefit of the Native inhabitants of the Eskimo Village
of Elim, Alaska;
(C) in 1929, 50,000 acres of land were deleted from the
Norton Bay Reservation by Executive order;
(D) the lands were deleted from the Reservation for the
benefit of others;
(E) the deleted lands were not available to the Native
inhabitants of Elim under subsection (b) of this section at the
time of passage of this chapter;
(F) the deletion of these lands has been and continues to be
a source of deep concern to the indigenous people of Elim; and
(G) until this matter is dealt with, it will continue to be a
source of great frustration and sense of loss among the
shareholders of the Elim Native Corporation and their
descendants.
(2) Withdrawal
The lands depicted and designated "Withdrawal Area" on the map
dated October 19, 1999, along with their legal descriptions, on
file with the Bureau of Land Management, and entitled "Land
Withdrawal Elim Native Corporation", are hereby withdrawn,
subject to valid existing rights, from all forms of appropriation
or disposition under the public land laws, including the mining
and mineral leasing laws, for a period of 2 years from May 2,
2000, for selection by the Elim Native Corporation (hereinafter
referred to as "Elim").
(3) Authority to select and convey
Elim is authorized to select in accordance with the rules set
out in this paragraph, 50,000 acres of land (hereinafter referred
to as "Conveyance Lands") within the boundary of the Withdrawal
Area described in paragraph (2). The Secretary is authorized and
directed to convey to Elim in fee the surface and subsurface
estates to 50,000 acres of valid selections in the Withdrawal
Area, subject to the covenants, reservations, terms and
conditions and other provisions of this subsection.
(A) Elim shall have 2 years from May 2, 2000, in which to
file its selection of no more than 60,000 acres of land from
the area described in paragraph (2). The selection application
shall be filed with the Bureau of Land Management, Alaska State
Office, shall describe a single tract adjacent to United States
Survey No. 2548, Alaska, and shall be reasonably compact,
contiguous, and in whole sections except when separated by
unavailable land or when the remaining entitlement is less than
a whole section. Elim shall prioritize its selections made
pursuant to this subsection at the time such selections are
filed, and such prioritization shall be irrevocable. Any lands
selected shall remain withdrawn until conveyed or full
entitlement has been achieved.
(B) The selection filed by Elim pursuant to this subsection
shall be subject to valid existing rights and may not supercede
prior selections of the State of Alaska, any Native
corporation, or valid entries of any private individual unless
such selection or entry is relinquished, rejected, or abandoned
prior to conveyance to Elim.
(C) Upon receipt of the Conveyance Lands, Elim shall have all
legal rights and privileges as landowner, subject only to the
covenants, reservations, terms and conditions specified in this
subsection.
(D) Selection by Elim of lands under this subsection and
final conveyance of those lands to Elim shall constitute full
satisfaction of any claim of entitlement of Elim with respect
to its land entitlement.
(4) Covenants, reservations, terms and conditions
The covenants, reservations, terms and conditions set forth in
this paragraph and in paragraphs (5) and (6) with respect to the
Conveyance Lands shall run with the land and shall be
incorporated into the interim conveyance, if any, and patent
conveying the lands to Elim.
(A) Consistent with paragraph (3)(C) and subject to the
applicable covenants, reservations, terms and conditions
contained in this paragraph and paragraphs (5) and (6), Elim
shall have all rights to the timber resources of the Conveyance
Lands for any use including, but not limited to, construction
of homes, cabins, for firewood and other domestic uses on any
Elim lands: Provided, That cutting and removal of Merchantable
Timber from the Conveyance Lands for sale shall not be
permitted: Provided further, That Elim shall not construct
roads and related infrastructure for the support of such
cutting and removal of timber for sale or permit others to do
so. "Merchantable Timber" means timber that can be harvested
and marketed by a prudent operator.
(B) Public Land Order 5563 of December 16, 1975, which made
hot or medicinal springs available to other Native Corporations
for selection and conveyance, is hereby modified to the extent
necessary to permit the selection by Elim of the lands
heretofore encompassed in any withdrawal of hot or medicinal
springs and is withdrawn pursuant to this subsection. The
Secretary is authorized and directed to convey such selections
of hot or medicinal springs (hereinafter referred to as "hot
springs") subject to applicable covenants, reservations, terms
and conditions contained in paragraphs (5) and (6).
(C) Should Elim select and have conveyed to it lands
encompassing portions of the Tubutulik River or Clear Creek, or
both, Elim shall not permit surface occupancy or knowingly
permit any other activity on those portions of land lying
within the bed of or within 300 feet of the ordinary high
waterline of either or both of these water courses for purposes
associated with mineral or other development or activity if
they would cause or are likely to cause erosion or siltation of
either water course to an extent that would significantly
adversely impact water quality or fish habitat.
(5) Rights retained by the United States
With respect to conveyances authorized in paragraph (3), the
following rights are retained by the United States:
(A) To enter upon the conveyance lands, after providing
reasonable advance notice in writing to Elim and after
providing Elim with an opportunity to have a representative
present upon such entry, in order to achieve the purpose and
enforce the terms of this paragraph and paragraphs (4) and (6).
(B) To have, in addition to such rights held by Elim, all
rights and remedies available against persons, jointly or
severally, who cut or remove Merchantable Timber for sale.
(C) In cooperation with Elim, the right, but not the
obligation, to reforest in the event previously existing
Merchantable Timber is destroyed by fire, wind, insects,
disease, or other similar manmade or natural occurrence
(excluding manmade occurrences resulting from the exercise by
Elim of its lawful rights to use the Conveyance Lands).
(D) The right of ingress and egress over easements under
section 1616(b) (!1) of this title for the public to visit, for
noncommercial purposes, hot springs located on the Conveyance
Lands and to use any part of the hot springs that is not
commercially developed.
(E) The right to enter upon the lands containing hot springs
for the purpose of conducting scientific research on such hot
springs and to use the results of such research without
compensation to Elim. Elim shall have an equal right to conduct
research on the hot springs and to use the results of such
research without compensation to the United States.
(F) A covenant that commercial development of the hot springs
by Elim or its successors, assigns, or grantees shall include
the right to develop only a maximum of 15 percent of the hot
springs and any land within 1/4 mile of the hot springs. Such
commercial development shall not alter the natural hydrologic
or thermal system associated with the hot springs. Not less
than 85 percent of the lands within 1/4 mile of the hot
springs shall be left in their natural state.
(G) The right to exercise prosecutorial discretion in the
enforcement of any covenant, reservation, term or condition
shall not waive the right to enforce any covenant, reservation,
term or condition.
(6) General
(A) Memorandum of Understanding
The Secretary and Elim shall, acting in good faith, enter
into a Memorandum of Understanding (hereinafter referred to as
the "MOU") to implement the provisions of this subsection. The
MOU shall include among its provisions reasonable measures to
protect plants and animals in the hot springs on the Conveyance
Lands and on the land within 1/4 mile of the hot springs. The
parties shall agree to meet periodically to review the matters
contained in the MOU and to exercise their right to amend,
replace, or extend the MOU. Such reviews shall include the
authority to relocate any of the easements set forth in
subparagraph (D) if the parties deem it advisable.
(B) Incorporation of terms
Elim shall incorporate the covenants, reservations, terms and
conditions, in this subsection in any deed or other legal
instrument by which it divests itself of any interest in all or
a portion of the Conveyance Lands, including without
limitation, a leasehold interest.
(C) Section 1616(b) easements
The Bureau of Land Management, in consultation with Elim,
shall reserve in the conveyance to Elim easements to the United
States pursuant to subsection (!2) 1616(b) (!1) of this title
that are not in conflict with other easements specified in this
paragraph.
(D) Other easements
The Bureau of Land Management, in consultation with Elim,
shall reserve easements which shall include the right of the
public to enter upon and travel along the Tubutulik River and
Clear Creek within the Conveyance Lands. Such easements shall
also include easements for trails confined to foot travel
along, and which may be established along each bank of, the
Tubutulik River and Clear Creek. Such trails shall be 25 feet
wide and upland of the ordinary high waterline of the water
courses. The trails may deviate from the banks as necessary to
go around man-made or natural obstructions or to portage around
hazardous stretches of water. The easements shall also include
one-acre sites along the water courses at reasonable intervals,
selected in consultation with Elim, which may be used to launch
or take out water craft from the water courses and to camp in
non-permanent structures for a period not to exceed 24 hours
without the consent of Elim.
(E) Inholders
The owners of lands held within the exterior boundaries of
lands conveyed to Elim shall have all rights of ingress and
egress to be vested in the inholder and the inholder's agents,
employees, co-venturers, licensees, subsequent grantees, or
invitees, and such easements shall be reserved in the
conveyance to Elim. The inholder may not exercise the right of
ingress and egress in a manner that may result in substantial
damage to the surface of the lands or make any permanent
improvements on Conveyance Lands without the prior consent of
Elim.
(F) Iditarod trail
The Bureau of Land Management may reserve an easement for the
Iditarod National Historic Trail in the conveyance to Elim.
(7) Implementation
There are authorized to be appropriated such sums as may be
necessary to implement this subsection.
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