§ 1629. — Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1629]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1629. Cape Krusenstern National Monument land exchange
between United States and NANA Regional Corporation, Inc.
(a) Definitions
For purposes of this section the following terms shall have the
following meanings:
(1) the term ``The Agreement'' or ``Agreement'' means the
agreement entitled ``Terms and Conditions Governing Legislative Land
Consolidation and Exchange between NANA Regional Corporation, Inc.,
and the United States'' executed by the Secretary of the Interior
and the President of NANA Regional Corporation, Inc., on January 31
and January 24, 1985, respectively.
(2) the term ``transportation system'' means the Red Dog Mine
Transportation System described in Exhibit B of the Agreement.
(3) the term ``NANA'' means NANA Regional Corporation, Inc., a
corporation formed for the Natives of Northwest Alaska pursuant to
the provisions of this chapter.
(b) Conveyances of lands and interests in lands
Except as otherwise provided by this section, the Secretary shall
convey to NANA, in accordance with the terms and conditions set forth in
the Agreement, lands and interests in lands specified in the Agreement
in exchange for lands and interests in lands of NANA, specified in the
Agreement, upon fulfillment by NANA of its obligations under the
Agreement: Provided, however, That this modified exchange is accepted by
NANA within 60 days of September 25, 1985.
(c) Exchange limited to designated lands
(1) The Secretary shall convey to NANA, pursuant to the provisions
of paragraph A(1) of the Agreement, the right, title and interest of the
United States only in and to those lands designated as ``Amended A(1)
Lands'' on the map entitled ``Modified Cape Krusenstern Land Exchange'',
dated July 18, 1985. The charges to be made pursuant to paragraphs B(1)
and D(27) of the Agreement against NANA's land entitlements under this
chapter shall be reduced by an amount equivalent to the difference
between that acreage conveyed pursuant to this subsection and the
acreage that would have been conveyed to NANA pursuant to paragraph A(1)
of the Agreement but for this subsection.
(2) Notwithstanding the provisions of paragraph A(3) of the
Agreement, the Secretary shall not convey to NANA any right, title and
interest of the United States in the lands described in such paragraph
A(3) and the Secretary shall make no charge to NANA's remaining
entitlements under this chapter with respect to such lands. Such lands
shall be retained in Federal ownership but shall be subject to the
easement described in Exhibit D to the Agreement as if the lands had
been conveyed to NANA pursuant to paragraph A(3) of the Agreement.
(d) Easement in and to transportation system lands
(1) There is hereby granted to NANA an easement in and to the lands
designated as ``Transportation System Lands'' on the map entitled
``Modified Cape Krusenstern Land Exchange'', dated July 18, 1985, for
use in the construction, operation, maintenance, expansion and
reclamation of the transportation system. Use of the easement for such
purposes shall be subject only to the terms and conditions governing the
construction, operation, maintenance, expansion and reclamation of the
transportation system, as set forth in Exhibit B to the Agreement.
(2) The easement granted pursuant to this section shall be for a
term of 100 years. The easement shall terminate prior to the 100-year
term:
(i) if it is relinquished to the United States; or
(ii) if construction of the transportation system has not
commenced within 20 years of September 25, 1985. Computation of the
20-year period shall exclude periods when construction could not
commence because of force majeure, act of God or order of a court;
or
(iii) upon completion of reclamation pursuant to the reclamation
plan required by Exhibit B to the Agreement.
(3) Within 90 days after September 25, 1985, the Secretary shall
execute the necessary documents evidencing the grant to NANA of the
easement granted by this section.
(4) Except as regards the trail easement described in Exhibit D to
the Agreement (to which the ``Transportation System Lands'' shall be
subject as if such lands had been conveyed to NANA pursuant to paragraph
A(1) of the Agreement), access to the lands subject to the easement
granted by this section shall be subject to such limitations,
restrictions or conditions as may be imposed by NANA, its successors and
assigns, but NANA and its successors and assigns shall permit
representatives of the Secretary such access as the Secretary determines
is necessary for the monitoring required by this section.
(e) Compliance with local laws
The easement granted by this section makes available land for the
transportation system, and is intended to be sufficient to permit NANA
to comply with the laws of the State of Alaska which may be necessary to
secure financing of the construction of the transportation system and
the operation, maintenance or expansion thereof by the State of Alaska
or by the Alaska Industrial Development Authority.
(f) Reconveyance of easement by NANA
The easement granted to NANA by this section may be reconveyed by
NANA, but after any such reconveyance the terms and conditions specified
in Exhibit B of the Agreement shall continue to apply in full to the
easement.
(g) Construction materials taken from borrow sites within easement
NANA is hereby granted the right to use, develop and sell sand,
gravel and related construction materials from borrow sites located
within the easement granted pursuant to this section as required for the
construction, operation, maintenance, expansion and reclamation of the
transportation system, subject to the terms and conditions specified in
Exhibit B of the Agreement.
(h) Agreement as governing use of lands
(1) The construction, operation, maintenance, expansion and
reclamation of any portion of the transportation system on any of the
lands subject to the easement granted to NANA by this section shall be
governed solely by the terms and conditions of the Agreement, including
the procedural and substantive provisions of Exhibit B to the Agreement,
as if the lands covered by the easement granted to NANA by this section
had been conveyed to NANA pursuant to paragraph A(1) of the Agreement.
(2) The Secretary of the Interior, acting through the National Park
Service, shall monitor the construction, operation, maintenance,
expansion and reclamation of the transportation system, as provided in
the Agreement. Any complaint by any person or entity that any aspect of
the construction, operation, maintenance, expansion or reclamation of
the portion of the transportation system on the lands subject to the
easement granted to NANA by this section is not in accordance with the
terms and conditions specified in the Agreement shall be made to the
Secretary in writing. The Secretary shall review any such complaint and
shall provide to NANA or its successors or assigns and to the
complainant a decision in writing on the complaint within 90 days of
receipt thereof. If the Secretary determines that the activity made the
subject of a complaint is not in accordance with the terms specified in
the Agreement, and NANA or its successors or assigns disagrees with that
determination, the dispute shall be resolved according to the procedures
established in Exhibit B to the Agreement.
(i) Use of construction materials from other sites
The Secretary shall make available to NANA and its successors and
assigns the right to use sand, gravel and related construction materials
located in Sections 23, 24, 25, 26, 35 and 36 of Township 26 North,
Range 24 West, Kateel River Meridian, Alaska, if the Secretary
determines either (1) that use of such sand, gravel or related
construction material is necessary because there is no other sand,
gravel or related construction material reasonably available for the
construction, operation, maintenance, expansion or reclamation of the
transportation system; or (2) that use of such sand, gravel or related
construction material is necessary in order to construct, operate,
maintain, expand, or reclaim the transportation system in an
environmentally sound manner, consistent with the requirements of
Exhibit B of the Agreement. The right to use such sand, gravel and
related construction material shall be subject to the terms and
conditions of paragraph A of Exhibit B of the Agreement and such other
reasonable terms and conditions as the Secretary may prescribe.
(j) Congressional consultation as prerequisite to amendment of Agreement
Notwithstanding paragraph D(23) of the Agreement, the Secretary
shall not agree to any amendment to the Agreement without first
consulting with the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate and shall transmit copies of the text of any amendment to the
Agreement to those Committees at the time of his agreeing to any such
amendment.
(Pub. L. 92-203, Sec. 34, as added Pub. L. 99-96, Sec. 1, Sept. 25,
1985, 99 Stat. 460; amended Pub. L. 103-437, Sec. 16(a)(5), Nov. 2,
1994, 108 Stat. 4594.)
Amendments
1994--Subsec. (j). Pub. L. 103-437 substituted ``Natural Resources''
for ``Interior and Insular Affairs'' before ``of the House''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in section 1629a of this title.
