§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

Summary

Revokes many Native reserves that were set aside by laws or government orders, while protecting any valid non‑Native rights. The Annette Island Reserve is not affected, and people enrolled in the Metlakatla community there cannot get benefits under this chapter. Any Village Corporation may choose within two years to take title to the surface and underground rights to a reserve that was set aside for its people before December 18, 1971; if they do, the Secretary must transfer the land to the village, and that village gives up other land selections, Regional Corporation money, and Regional Corporation stock for its enrolled residents. Recognizes a historic problem for Elim: about 350,000 acres were set aside in 1917, 50,000 acres were removed in 1929, and that loss still concerns the Elim people. Lands shown on a map dated October 19, 1999 are withdrawn from public claim for two years starting May 2, 2000, so the Elim Native Corporation can select 50,000 acres inside that area. Elim has two years from May 2, 2000 to file a selection of up to 60,000 acres (it must pick one compact, contiguous tract next to U.S. Survey No. 2548, using whole sections where possible). Selections are subject to valid existing rights and prior claims unless those claims are dropped. When conveyed, Elim gets surface and subsurface title and that conveyance satisfies Elim’s land claim. The land comes with rules that stay with the land. Elim may use timber for homes and domestic needs but may not cut and sell merchantable timber or build roads to support timber sales. Hot springs in the area can be selected but must be mostly left natural; at most 15 percent of the springs and land within 1/4 mile may be commercially developed and at least 85 percent must stay natural without changing the springs’ natural systems. If Elim gets land along the Tubutulik River or Clear Creek, it must prevent mineral or other development within the stream bed or within 300 feet of the ordinary high waterline that would cause erosion, siltation, or serious harm to water quality or fish habitat. The United States keeps certain rights: to enter the land with notice for enforcement, to act against timber theft, to cooperate on reforesting, to reserve public access and research at hot springs, and to require easements for trails, river access points, inholders’ entry, and possibly the Iditarod Trail. The Secretary and Elim must make a Memorandum of Understanding to protect plants and animals at the hot springs. Money may be appropriated as needed to carry out these provisions.