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Enrolled HJR 6: Supporting the introduction and enactment of federal legislation acknowledging that the federal government is financially responsible under the Alaska Native Claims Settlement Act for the remediation of contaminated land subject to conveyance under the Act; urging the United States Department of the Interior to implement the six recommendations to identify and clean up the Alaska Native Claims Settlement Act lands in its 1998 report to the United States Congress; and urging the President of the United States and the United States Congress to remediate and make free from pollutants lands in the state conveyed under the Alaska Native Claims Settlement Act.

00 Enrolled HJR 6                                                                                                          
01 Supporting the introduction and enactment of federal legislation acknowledging that the                                 
02 federal government is financially responsible under the Alaska Native Claims Settlement Act                             
03 for the remediation of contaminated land subject to conveyance under the Act; urging the                                
04 United States Department of the Interior to implement the six recommendations to identify                               
05 and clean up the Alaska Native Claims Settlement Act lands in its 1998 report to the United                             
06 States Congress; and urging the President of the United States and the United States Congress                           
07 to remediate and make free from pollutants lands in the state conveyed under the Alaska                                 
08 Native Claims Settlement Act.                                                                                           
09                                        _______________                                                                  
10 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                             
11      WHEREAS Alaska Native land claims were settled differently in the state than in the                              
12 rest of the nation when, in the Alaska Native Claims Settlement Act, instead of adopting a                              
13 reservation system, the federal government established Alaska Native village and regional                               
14 corporations and granted the corporations ownership and other rights to surface and                                     
15 subsurface land; and                                                                                                    
01      WHEREAS Alaska Native corporations were created under the Alaska Native Claims                                   
02 Settlement Act to manage land and resources for the benefit of Native shareholders in                                   
03 settlement of certain aboriginal land claims; and                                                                       
04      WHEREAS, under the Alaska Native Claims Settlement Act, the federal government                                   
05 conveyed to many Alaska Native corporations land that was contaminated by the federal                                   
06 government or by activities allowed or overseen by the federal government before the                                    
07 conveyance of the land under the Act; and                                                                               
08      WHEREAS, in 1995, the United States Congress acknowledged that contaminated                                      
09 land was being conveyed to Alaska Native corporations under the Alaska Native Claims                                    
10 Settlement Act and, in sec. 103, P.L. 104-42 (43 U.S.C. 1629f), required the United States                              
11 Secretary of the Interior to provide a detailed report on contaminated land before conveying                            
12 the land to Alaska Native corporations and organizations; and                                                           
13      WHEREAS, in December 1998, the United States Department of the Interior                                          
14 submitted a report to the United States Congress that located approximately 650 contaminated                            
15 sites on land conveyed under the Alaska Native Claims Settlement Act; and                                               
16      WHEREAS, in that report, the United States Department of the Interior proposed six                               
17 recommendations to "fully identify contaminated sites and clean-up needs of Alaska Native                               
18 Claims Settlement Act lands"; and                                                                                       
19      WHEREAS the United States Department of the Interior has not fully implemented                                   
20 any of the six recommendations it proposed to the United States Congress; and                                           
21      WHEREAS Alaska Native corporations, as landowners, are subject to liability under                                
22 federal and state law for the contaminated condition of their land; and                                                 
23      WHEREAS several Alaska Native corporations have incurred considerable expense                                    
24 cleaning up contaminated sites, negotiating land exchanges, and battling with the federal and                           
25 state governments to clean up sites on a case-by-case basis; and                                                        
26      WHEREAS, in recognition of this problem, United States Representative Don                                        
27 Young, on the floor of the United States House of Representatives on January 4, 1995, stated,                           
28 "it was clearly not the intention of ANCSA to extinguish Native claims by conveying                                     
29 contaminated property to recipients";                                                                                   
30      BE IT RESOLVED that the Alaska State Legislature supports the introduction and                                   
31 enactment of federal legislation acknowledging that the federal government is financially                               
01 responsible under the Alaska Native Claims Settlement Act for the remediation of                                        
02 contaminated land subject to conveyance under the Act; and be it                                                        
03      FURTHER RESOLVED that the Alaska State Legislature urges the United States                                       
04 Department of the Interior to fully implement the six recommendations to identify and clean                             
05 up Alaska Native Claims Settlement Act lands in its 1998 report to the United States                                    
06 Congress; and be it                                                                                                     
07      FURTHER RESOLVED that the Alaska State Legislature urges the President of the                                    
08 United States and the United States Congress to take the actions necessary to remediate and                             
09 make free of contamination and environmental pollutants lands in the state conveyed under                               
10 the Alaska Native Claims Settlement Act; and be it                                                                      
11      FURTHER RESOLVED that the Alaska State Legislature urges the United States                                       
12 federal government to reimburse the medical expenses of residents who have health                                       
13 conditions and complications as a result of living on contaminated and polluted lands in the                            
14 state conveyed under the Alaska Native Claims Settlement Act.                                                           
15      COPIES of this resolution shall be sent to the Honorable Barack Obama, President of                              
16 the United States; the Honorable Sally Jewell, United States Secretary of the Interior; the                             
17 Honorable Lisa Murkowski, Chair of the Energy and Natural Resources Committee of the                                    
18 U.S. Senate; the Honorable Maria Cantwell, ranking member of the Energy and Natural                                   
19 Resources Committee of the U.S. Senate; the Honorable Rob Bishop, Chair of the Natural                                  
20 Resources Committee of the U.S. House of Representatives; the Honorable Kevin K.                                        
21 Washburn, Assistant Secretary of Indian Affairs, United States Department of the Interior;                              
22 Neil Kornze, Director, Bureau of Land Management, United States Department of the                                       
23 Interior; Weldon Loudermilk, Director, Alaska Region, Bureau of Indian Affairs, United                                  
24 States Department of the Interior; Kim Elton, Director, Alaska Affairs, United States                                   
25 Department of the Interior; and the Honorable Dan Sullivan, U.S. Senator, and the Honorable                             
26 Don Young, U.S. Representative, members of the Alaska delegation in Congress.