[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 740 Reported in House (RH)]
Union Calendar No. 150
113th CONGRESS
1st Session
H. R. 740
[Report No. 113-203]
To provide for the settlement of certain claims under the Alaska Native
Claims Settlement Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2013
Mr. Young of Alaska (for himself, Ms. Hanabusa, Mr. Pierluisi, Ms.
Bordallo, and Mr. Sablan) introduced the following bill; which was
referred to the Committee on Natural Resources
September 10, 2013
Additional sponsor: Mr. Faleomavaega
September 10, 2013
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 14, 2013]
_______________________________________________________________________
A BILL
To provide for the settlement of certain claims under the Alaska Native
Claims Settlement Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southeast Alaska Native Land
Entitlement Finalization and Jobs Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Maps.--The term ``maps'' means the maps entitled
``Sealaska Land Entitlement Finalization'', numbered 1 through
25 and dated January 22, 2013.
(2) Sealaska.--The term ``Sealaska'' means the Sealaska
Corporation, a Regional Native Corporation established under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Alaska.
SEC. 3. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1)(A) in 1971, Congress enacted the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle
the aboriginal claims of Alaska Natives to land historically
used by Alaska Natives for traditional, cultural, and spiritual
purposes; and
(B) that Act declared that the land settlement ``should be
accomplished rapidly, with certainty, in conformity with the
real economic and social needs of Natives'';
(2) the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.)--
(A) authorized the distribution of approximately
$1,000,000,000 and 44,000,000 acres of land to Alaska
Natives; and
(B) provided for the establishment of Native
Corporations to receive and manage the funds and that
land to meet the cultural, social, and economic needs
of Native shareholders;
(3) under section 12 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1611), each Regional Corporation, other than
Sealaska (the Regional Corporation for southeast Alaska), was
authorized to receive a share of land based on the proportion
that the number of Alaska Native shareholders residing in the
region of the Regional Corporation bore to the total number of
Alaska Native shareholders, or the relative size of the area to
which the Regional Corporation had an aboriginal land claim
bore to the size of the area to which all Regional Corporations
had aboriginal land claims;
(4)(A) Sealaska, the Regional Corporation for southeast
Alaska, 1 of the Regional Corporations with the largest number
of Alaska Native shareholders, with more than 21 percent of all
original Alaska Native shareholders, received less than 1
percent of the lands set aside for Alaska Natives, and received
no land under section 12 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1611);
(B) the Tlingit and Haida Indian Tribes of Alaska was 1 of
the entities representing the Alaska Natives of southeast
Alaska before the date of enactment of the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.); and
(C) Sealaska did not receive land in proportion to the
number of Alaska Native shareholders, or in proportion to the
size of the area to which Sealaska had an aboriginal land
claim, in part because of a United States Court of Claims cash
settlement to the Tlingit and Haida Indian Tribes of Alaska in
1968 for land previously taken to create the Tongass National
Forest and Glacier Bay National Monument;
(5) the 1968 Court of Claims cash settlement of $7,500,000
did not--
(A) adequately compensate the Alaska Natives of
southeast Alaska for the significant quantity of land
and resources lost as a result of the creation of the
Tongass National Forest and Glacier Bay National
Monument or other losses of land and resources; or
(B) justify the significant disparate treatment of
Sealaska under the Alaska Native Claims Settlement Act
(43 U.S.C. 1611) in 1971;
(6)(A) while each other Regional Corporation received a
significant quantity of land under sections 12 and 14 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
Sealaska only received land under section 14(h) of that Act (43
U.S.C. 1613(h));
(B) section 14(h) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1613(h)) authorized the Secretary to withdraw
and convey 2,000,000 acres of ``unreserved and unappropriated''
public lands in Alaska from which Alaska Native selections
could be made for historic sites, cemetery sites, Urban
Corporation land, Native group land, and Native Allotments;
(C) under section 14(h)(8) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(8)), after selections are
made under paragraphs (1) through (7) of that section, the land
remaining in the 2,000,000-acre land pool is allocated based on
the proportion that the original Alaska Native shareholder
population of a Regional Corporation bore to the original
Alaska Native shareholder population of all Regional
Corporations;
(D) the only Native land entitlement of Sealaska derives
from a proportion of leftover land remaining from the
2,000,000-acre land pool, estimated as of the date of enactment
of this Act at approximately 1,655,000 acres;
(E) because at the time of enactment of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) all public land
in the Tongass National Forest had been reserved for purposes
of creating the national forest, the Secretary was not able to
withdraw any public land in the Tongass National Forest for
selection by and conveyance to Sealaska;
(F) at the time of enactment of the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) other public lands in
southeast Alaska not located in the Tongass National Forest
were not suitable for selection by and conveyance to Sealaska
because such lands were located in Glacier Bay National
Monument, were included in a withdrawal effected pursuant to
section 17(d)(2) of that Act (43 U.S.C. 1616(d)(2)) and slated
to become part of the Wrangell-St. Elias National Park, or
essentially consisted of mountain tops;
(G) Sealaska in 1975 requested that Congress amend the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to
permit the Regional Corporation to select lands inside of the
withdrawal areas established for southeast Alaska Native
villages under section 16 of that Act (43 U.S.C. 1615),
otherwise, there were no areas available for selection; and
(H) in 1976 Congress amended section 16 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1615) to allow Sealaska
to select lands under section 14(h)(8) of that Act (43 U.S.C.
1613(h)(8)) from land located inside, rather than outside, the
withdrawal areas established for southeast Alaska Native
villages;
(7) the 10 Alaska Native village withdrawal areas in
southeast Alaska surround the Alaska Native communities of
Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig,
Hydaburg, Klukwan, and Saxman;
(8)(A) the existing conveyance requirements of the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for
southeast Alaska limit the land eligible for conveyance to
Sealaska to the original withdrawal areas surrounding 10 Alaska
Native villages in southeast Alaska, which precludes Sealaska
from selecting land located--
(i) in any withdrawal area established for the
Urban Corporations for Sitka and Juneau, Alaska; or
(ii) outside the 10 Alaska Native village
withdrawal areas; and
(B) unlike other Regional Corporations, Sealaska is not
authorized to request land located outside the withdrawal areas
described in subparagraph (A) if the withdrawal areas are
insufficient to complete the land entitlement of Sealaska under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.);
(9)(A) the deadline for applications for selection of
cemetery sites and historic places on land outside withdrawal
areas established under section 14 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613) was July 1, 1976;
(B)(i) as of that date, the Bureau of Land Management
notified Sealaska that the total entitlement of Sealaska would
be approximately 200,000 acres; and
(ii) Sealaska made entitlement allocation decisions for
cultural sites and economic development sites based on that
original estimate;
(C) as a result of the Alaska Land Transfer Acceleration
Act (Public Law 108-452; 118 Stat. 3575) and subsequent related
determinations and actions of the Bureau of Land Management, it
became clear within the last decade that Sealaska would be
entitled to receive a total of approximately 365,000 acres
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.);
(10) in light of the revised Bureau of Land Management
estimate of the total number of acres that Sealaska will
receive pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), and in consultation with Members of
Alaska's congressional delegation, Sealaska and its
shareholders believe that it is appropriate to allocate more of
the entitlement of Sealaska to--
(A) the acquisition of places of sacred, cultural,
traditional, and historical significance;
(B) the acquisition of sites with traditional and
recreational use value and sites suitable for renewable
energy development; and
(C) the acquisition of lands that are not within
the watersheds of Native and non-Native communities and
are suitable economically and environmentally for
natural resource development;
(11) 44 percent (820,000 acres) of the 10 Alaska Native
village withdrawal areas established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) described in
paragraphs (7) and (8) are composed of salt water and not
available for selection;
(12) of land subject to the selection rights of Sealaska,
110,000 acres are encumbered by gubernatorial consent
requirements under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.);
(13) in each withdrawal area, there exist other unique
factors that limit the ability of Sealaska to select sufficient
land to fulfill the land entitlement of Sealaska;
(14) the selection limitations and guidelines applicable to
Sealaska under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)--
(A) are inequitable and inconsistent with the
purposes of that Act because there is insufficient land
remaining in the withdrawal areas to meet the
traditional, cultural, and socioeconomic needs of the
shareholders of Sealaska; and
(B) make it difficult for Sealaska to select--
(i) places of sacred, cultural,
traditional, and historical significance;
(ii) sites with traditional and recreation
use value and sites suitable for renewable
energy development; and
(iii) lands that meet the real economic
needs of the shareholders of Sealaska;
(15) unless Sealaska is allowed to select land outside
designated withdrawal areas in southeast Alaska, Sealaska will
not be able to--
(A) complete the land entitlement selections of
Sealaska under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) in a manner that meets the
cultural, social, and economic needs of Native
shareholders;
(B) avoid land selections in watersheds that are
the exclusive drinking water supply for regional
communities, support world class salmon streams, have
been identified as important habitat, or would
otherwise be managed by the Forest Service as roadless
and old growth forest reserves;
(C) secure ownership of places of sacred, cultural,
traditional, and historical importance to the Alaska
Natives of southeast Alaska; and
(D) continue to support forestry jobs and economic
opportunities for Alaska Natives and other residents of
rural southeast Alaska;
(16)(A) the rate of unemployment in southeast Alaska
exceeds the statewide rate of unemployment on a non-seasonally
adjusted basis;
(B) in November 2012, the Alaska Department of Labor and
Workforce Development reported the unemployment rate for the
Prince of Wales--Hyder census area at approximately 12.1
percent;
(C) in October 2007, the Alaska Department of Labor and
Workforce Development projected population losses between 1996
and 2030 for the Prince of Wales--Outer Ketchikan census area
at 56.6 percent;
(D) official unemployment rates severely underreport the
actual level of regional unemployment, particularly in Native
villages; and
(E) additional job losses will exacerbate outmigration from
Native and non-Native communities in southeast Alaska;
(17) Sealaska has played, and is expected to continue to
play, a significant role in the health of the southeast Alaska
economy;
(18) despite the small land base of Sealaska as compared to
other Regional Corporations (less than 1 percent of the total
quantity of land allocated pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), Sealaska has--
(A) provided considerable benefits to Alaska Native
shareholders;
(B) supported hundreds of jobs for Alaska Native
shareholders and non-shareholders in southeast Alaska
for more than 30 years; and
(C) been a significant economic force in southeast
Alaska;
(19) pursuant to the revenue sharing provisions of section
7(i) of the Alaska Native Claims Settlement Act (43 U.S.C.
1606(i)), Sealaska has distributed more than $300,000,000
during the period beginning on January 1, 1971, and ending on
December 31, 2005, to Native Corporations throughout the State
of Alaska from the development of natural resources, which
accounts for 42 percent of the total revenues shared under that
section during that period;
(20) resource development operations maintained by
Sealaska--
(A) support hundreds of jobs in the southeast
Alaska region;
(B) make timber available to local and domestic
sawmills and other wood products businesses such as
guitar manufacturers;
(C) support firewood programs for local
communities;
(D) support maintenance of roads utilized by local
communities for subsistence and recreation uses;
(E) support development of new biomass energy
opportunities in southeast Alaska, reducing dependence
on high-cost diesel fuel for the generation of energy;
(F) provide start-up capital for innovative
business models in southeast Alaska that create new
opportunities for non-timber economic development in
the region, including support for renewable biomass
initiatives, Alaska Native artisans, and rural
mariculture farming; and
(G) support Native education and cultural and
language preservation activities;
(21) if the resource development operations of Sealaska
cease on land appropriate for those operations, there will be a
significant negative impact on--
(A) southeast Alaska Native shareholders;
(B) the cultural preservation activities of
Sealaska;
(C) the economy of southeast Alaska; and
(D) the Alaska Native community that benefits from
the revenue-sharing requirements under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(22) it is critical that the remaining land entitlement
conveyances to Sealaska under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) are fulfilled to
continue to meet the economic, social, and cultural needs of
the Alaska Native shareholders of southeast Alaska and the
Alaska Native community throughout Alaska;
(23) in order to realize cultural preservation goals while
also diversifying economic opportunities, Sealaska should be
authorized to select and receive conveyance of--
(A) sacred, cultural, traditional, and historic
sites and other places of traditional and cultural
significance, to facilitate the perpetuation and
preservation of Alaska Native culture and history;
(B) other sites with traditional and recreation use
value and sites suitable for renewable energy
development to facilitate appropriate tourism and
outdoor recreation enterprises and renewable energy
development for rural southeast Alaska communities; and
(C) lands that are suitable economically and
environmentally for natural resource development;
(24) on completion of the conveyances of land to Sealaska
to fulfill the full land entitlement of Sealaska under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
the encumbrances on 327,000 acres of Federal land created by
the withdrawal of land for selection by Native Corporations in
southeast Alaska should be removed, which will facilitate
thorough and complete planning and efficient management
relating to national forest land in southeast Alaska by the
Forest Service;
(25) although the Tribal Forest Protection Act (25 U.S.C.
3101 note; Public Law 108-278) defines the term ``Indian
tribe'' to include Indian tribes under section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b), a term which includes ``any Alaska Native village or
regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act . . .'',
the Tribal Forest Protection Act does not define the term
``Indian forest land or rangeland'' to include lands owned by
Alaska Native Corporations, including Sealaska, which are the
primary Indian forest land owners in Alaska, and therefore, the
Tribal Forest Protection Act should be amended in a manner that
will--
(A) permit Native Corporations, including Sealaska,
as Indian forest land owners in Alaska, to work with
the Secretary of Agriculture under the Tribal Forest
Protection Act to address forest fire and insect
infestation issues, including the spread of the spruce
bark beetle in southeast and southcentral Alaska, which
threaten the health of the Native forestlands; and
(B) ensure that Native Corporations, including
Sealaska, can participate in programs administered by
the Secretary of Agriculture under the Tribal Forest
Protection Act without including Native Corporations
under the definition in that Act of ``Indian forest
land or rangeland'' or otherwise amending that Act in a
manner that validates, invalidates, or otherwise
affects any claim regarding the existence of Indian
country in the State of Alaska; and
(26) although the National Historic Preservation Act (16
U.S.C. 470 et seq.) defines the term ``Indian tribe'' to
include any ``Native village, Regional Corporation or Village
Corporation, as those terms are defined in section 3 of the
Alaska Native Claims Settlement Act'', the National Historic
Preservation Act does not define the term ``Tribal lands'' to
include lands owned by Alaska Native Corporations, thereby
excluding from the National Historic Preservation Act cemetery
sites and historical places transferred to Native Corporations,
including Sealaska, pursuant to the Alaska Native Claims
Settlement Act, and therefore, the National Historic
Preservation Act should be amended in a manner that will--
(A) permit Native Corporations, including Sealaska,
as owners of Indian cemetery sites and historical
places in Alaska, to work with the Secretary of the
Interior under the National Historic Preservation Act
to secure grants and other support to manage their own
historic sites and programs pursuant to that Act; and
(B) ensure that Native Corporations, including
Sealaska, can participate in programs administered by
the Secretary of the Interior under the National
Historic Preservation Act without including Native
Corporations under the definition in that Act of
``Tribal lands'' or otherwise amending that Act in a
manner that validates, invalidates, or otherwise
affects any claim regarding the existence of Indian
country in the State of Alaska.
(b) Purpose.--The purpose of this Act is to address the inequitable
treatment of Sealaska by allowing Sealaska to select the remaining land
entitlement of Sealaska under section 14 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613) from designated Federal land in
southeast Alaska located outside the 10 southeast Alaska Native village
withdrawal areas in a manner that meets the cultural, social, and
economic needs of Alaska Native shareholders, including the need to
maintain jobs supported by Sealaska in rural southeast Alaska
communities.
SEC. 4. FINALIZATION OF ENTITLEMENT.
(a) In General.--If, not later than 90 days after the date of
enactment of this Act, the Secretary receives a corporate resolution
adopted by the board of directors of Sealaska agreeing to accept the
conveyance of land described in subsection (b) in accordance with this
Act as full and final satisfaction of the remaining land entitlement of
Sealaska under section 14(h) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1613(h)), the Secretary shall--
(1) implement the provisions of this Act; and
(2) charge the entitlement pool under section 14(h)(8) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8))
70,075 acres, reduced by the number of acres deducted under
subsection (b)(2), in fulfillment of the remaining land
entitlement for Sealaska under that Act, notwithstanding
whether the surveyed acreage of the 25 parcels of land
generally depicted on the maps as ``Sealaska Selections'' and
patented under section 5 is less than or more than 69,235
acres, reduced by the number of acres deducted under subsection
(b)(2).
(b) Final Entitlement.--
(1) In general.--Except as provided in paragraph (2), the
land described in subsection (a) shall consist of--
(A) the 25 parcels of Federal land comprising
approximately 69,235 acres that is generally depicted
as ``Sealaska Selections'' on the maps; and
(B) a total of not more than 840 acres of Federal
land for cemetery sites and historical places comprised
of parcels that are applied for in accordance with
section 6.
(2) Deduction.--
(A) In general.--The Secretary shall deduct from
the number of acres of Federal land described in
paragraph (1)(A) the number of acres of Federal land
for which the Secretary has issued a conveyance during
the period beginning on August 1, 2012, and ending on
the date of receipt of the resolution under subsection
(a).
(B) Agreement.--The Secretary, the Secretary of
Agriculture, and Sealaska shall negotiate in good faith
to make a mutually agreeable adjustment to the parcel
of Federal land generally depicted on the maps entitled
``Sealaska Land Entitlement Finalization'', numbered 1
of 25, and dated January 22, 2013, to implement the
deduction of acres required by subparagraph (A).
(c) Effect of Acceptance.--The resolution filed by Sealaska in
accordance with subsection (a) shall--
(1) be final and irrevocable; and
(2) without any further administrative action by the
Secretary, result in--
(A) the relinquishment of all existing selections
made by Sealaska under subsection 14(h)(8) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(8)); and
(B) the termination of all withdrawals by section
16 of the Alaska Native Claims Settlement Act (43
U.S.C. 1615), except to the extent a selection by a
Village Corporation under subsections (b) and (d) of
section 16 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1615) remains pending, until the date on
which those selections are resolved.
(d) Failure To Accept.--If Sealaska fails to file the resolution in
accordance with subsection (a)--
(1) the provisions of this Act shall cease to be effective;
and
(2) the Secretary shall, not later than 27 months after the
date of enactment of this Act, complete the interim conveyance
of the remaining land entitlement to Sealaska under section
14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(8)) from prioritized selections on file with the
Secretary on the date of enactment of this Act.
(e) Scope of Law.--Except as provided in subsections (d) and (f),
this Act provides the exclusive authority under which the remaining
land entitlement of Sealaska under section 14(h) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)) may be fulfilled.
(f) Effect.--Nothing in this Act affects any land that is--
(1) the subject of an application under subsection (h)(1)
of section 14 of the Alaska Native Claims Settlement Act (43
U.S.C. 1613) that is pending on the date of enactment of this
Act; and
(2) conveyed in accordance with that subsection.
SEC. 5. CONVEYANCES TO SEALASKA.
(a) Interim Conveyance.--Subject to valid existing rights,
subsections (c), (d), and (e), section 4(b), and section 7(a), the
Secretary shall complete the interim conveyance of the 25 parcels of
Federal land comprising approximately 69,235 acres generally depicted
on the maps by the date that is 60 days after the date of receipt of
the resolution under section 4(a), subject to the Secretary identifying
and reserving, by the date that is 2 years after the date of enactment
of this Act, or as soon as practicable thereafter, any easement that
could have been reserved in accordance with this Act prior to the
interim conveyance.
(b) Withdrawal.--
(1) In general.--Subject to valid existing rights, the
Federal land described in subsection (a) is withdrawn from--
(A) all forms of appropriation under the public
land laws;
(B) location, entry, and patent under the mining
laws;
(C) disposition under laws relating to mineral or
geothermal leasing; and
(D) selection under the Act of July 7, 1958
(commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21; Public Law 85-508).
(2) Termination.--The withdrawal under paragraph (1) shall
remain in effect until--
(A) if Sealaska fails to file a resolution in
accordance with section 4(a), the date that is 90 days
after the date of enactment of this Act; or
(B) the date on which the Federal land is conveyed
under subsection (a).
(c) Treatment of Land Conveyed.--Except as otherwise provided in
this Act, any land conveyed to Sealaska under subsection (a) shall be--
(1) considered to be land conveyed by the Secretary under
section 14(h)(8) of the Alaska Native Claims Settlement Act (43
U.S.C. 1613(h)(8)); and
(2) subject to all laws (including regulations) applicable
to entitlements under section 14(h)(8) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(8)), including section
907(d) of the Alaska National Interest Lands Conservation Act
(43 U.S.C. 1636(d)).
(d) Easements.--
(1) Public easements.--The deeds of conveyance for the land
under subsection (a) shall be subject to the reservation of
public easements under section 17(b) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1616(b)).
(2) Research easement.--In the deed of conveyance for the
land generally depicted on the map entitled ``Sealaska Land
Entitlement Finalization'', numbered 7 of 25, and dated January
22, 2013, the Secretary shall reserve an easement--
(A) to access and continue Forest Service research
activities on the study plots located on the land; and
(B) that shall remain in effect for a 10-year
period beginning on the date of enactment of this Act.
(3) Koscuisko island road easement.--
(A) In general.--The deeds of conveyance for the
land on Koscuisko Island under subsection (a) shall
grant to Sealaska an easement providing access to and
use by Sealaska of the log transfer facility at Shipley
Bay on Koscuisko Island, subject to--
(i) the agreement under subparagraph (C);
and
(ii) the agreement under section 7(b).
(B) Scope of the easement.--The easement under
subparagraph (A) shall enable Sealaska--
(i) to construct, use, and maintain a road
connecting the Forest Service Road known as
``Cape Pole Road'' to the Forest Service Road
known as ``South Shipley Bay Road'' within the
corridor depicted on the map entitled
``Sealaska Land Entitlement Finalization'',
numbered 3 of 25, and dated January 22, 2013;
(ii) to use, maintain, and if necessary,
reconstruct the Forest Service Road known as
``South Shipley Bay Road'' referred to in
clause (i) to access the log transfer facility
at Shipley Bay; and
(iii) to use, maintain, and expand the log
transfer and sort yard facility at Shipley Bay
that is within the area depicted on the map
entitled ``Sealaska Land Entitlement
Finalization'', numbered 3 of 25 and dated
January 22, 2013.
(C) Roads and facilities use agreement.--In
addition to the agreement under section 7(b), the
Secretary and Sealaska shall enter into an agreement
relating to the access, use, maintenance, and
improvement of the roads and facilities under this
paragraph.
(D) Determination of location; legal description.--
Sealaska shall--
(i) in consultation with the Secretary,
determine the location within the corridor of
the centerline of the road described in
subparagraph (B)(i); and
(ii) provide to the Secretary a legal
description of the centerline acceptable for
granting the easement described in subparagraph
(B)(i).
(E) Effect.--Nothing in this paragraph shall
preempt or otherwise affect State or local regulatory
authority.
(e) Hunting, Fishing, and Recreation.--
(1) In general.--Any land conveyed under subsection (a)
that is located outside a withdrawal area designated under
section 16(a) of the Alaska Native Claims Settlement Act (43
U.S.C. 1615(a)) shall remain open and available to subsistence
uses and noncommercial recreational hunting and fishing and
other recreational uses by the public under applicable law--
(A) without liability on the part of Sealaska,
except for willful acts, to any user as a result of the
use; and
(B) subject to--
(i) any reasonable restrictions that may be
imposed by Sealaska on the public use--
(I) to ensure public safety;
(II) to minimize conflicts between
recreational and commercial uses;
(III) to protect cultural
resources;
(IV) to conduct scientific
research; or
(V) to provide environmental
protection; and
(ii) the condition that Sealaska post on
any applicable property, in accordance with
State law, notices of the restrictions on use.
(2) Effect.--Access provided to any individual or entity
under paragraph (1) shall not--
(A) create an interest in any third party in the
land conveyed under subsection (a); or
(B) provide standing to any third party in any
review of, or challenge to, any determination by
Sealaska with respect to the management or development
of the land conveyed under subsection (a).
SEC. 6. CEMETERY SITES AND HISTORICAL PLACES.
(a) In General.--Notwithstanding section 14(h)(1)(E) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may
submit applications for the conveyance under section 14(h)(1)(A) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of not
more than 127 cemetery sites and historical places--
(1) that are listed in the document entitled ``Sealaska
Cemetery Sites and Historical Places'' and dated January 18,
2013;
(2) that are cemetery sites and historical places included
in the report by Wilsey and Ham, Inc., entitled ``1975 Native
Cemetery and Historic Sites of Southeast Alaska (Preliminary
Report)'' and dated October 1975; and
(3) for which Sealaska has not previously submitted an
application.
(b) Procedure for Evaluating Applications.--Except as otherwise
provided in this section, the Secretary shall consider all applications
submitted under this section in accordance with the criteria and
procedures set forth in applicable regulations in effect as of the date
of enactment of this Act.
(c) Conveyance.--The Secretary may convey cemetery sites and
historical places under this section that result in the conveyance of a
total of approximately 840 acres of Federal land comprised of parcels
that are--
(1) applied for in accordance with this section; and
(2) subject to--
(A) valid existing rights;
(B) the public access provisions of subsection (f);
(C) the condition that the conveyance of land for
the site listed under subsection (a)(1) as ``Bay of
Pillars Portage'' is limited to 25 acres in T.60 S.,
R.72 E., Sec. 28, Copper River Meridian; and
(D) the condition that any access to or use of the
cemetery sites and historical places shall be
consistent with the management plans for adjacent
public land, if the management plans are more
restrictive than the laws (including regulations)
applicable under subsection (g).
(d) Timeline.--No application for a cemetery site or historical
place may be submitted under subsection (a) after the date that is 2
years after the date of enactment of this Act.
(e) Selection of Additional Cemetery Sites.--If Sealaska submits
timely applications to the Secretary in accordance with subsections (a)
and (d) for all 127 sites listed under subsection (a)(1), and the
Secretary rejects any of those applications in whole or in part--
(1) not later than 2 years after the date on which the
Secretary completes the conveyance of eligible cemetery sites
and historical places applied for under subsection (a),
Sealaska may submit applications for the conveyance under
section 14(h)(1)(A) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1613(h)(1)(A)) of additional cemetery sites, the
total acreage of which, together with the cemetery sites and
historical places previously conveyed by the Secretary under
subsection (c), shall not exceed 840 acres; and
(2) the Secretary shall--
(A) consider any applications for the conveyance of
additional cemetery sites in accordance with subsection
(b); and
(B) if the applications are approved, provide for
the conveyance of the sites in accordance with
subsection (c).
(f) Public Access.--
(1) In general.--Subject to paragraph (2), any land
conveyed under this section shall be subject to--
(A) the reservation of public easements under
section 17(b) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1616(b)); and
(B) public access across the conveyed land in cases
in which no reasonable alternative access around the
land is available, without liability to Sealaska,
except for willful acts, to any user by reason of the
use.
(2) Limitations.--The public access and use under
subparagraph (B) of paragraph (1) shall be subject to--
(A) any reasonable restrictions that may be imposed
by Sealaska on the public access and use--
(i) to ensure public safety;
(ii) to protect and conduct research on the
historic, archaeological, and cultural
resources of the conveyed land; or
(iii) to provide environmental protection;
(B) the condition that Sealaska post on any
applicable property, in accordance with State law,
notices of the restrictions on the public access and
use; and
(C) the condition that the public access and use
shall not be incompatible with or in derogation of the
values of the area as a cemetery site or historical
place, as provided in section 2653.11 of title 43, Code
of Federal Regulations (or a successor regulation).
(3) Effect.--Access provided to any individual or entity by
paragraph (1) shall not--
(A) create an interest in any third party in the
land conveyed under this section; or
(B) provide standing to any third party in any
review of, or challenge to, any determination by
Sealaska with respect to the management or development
of the land conveyed under this section.
(g) Treatment of Land Conveyed.--Except as otherwise provided in
this Act, any land conveyed to Sealaska under this section shall be--
(1) considered land conveyed by the Secretary under section
14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(1)); and
(2) subject to all laws (including regulations) applicable
to conveyances under section 14(h)(1) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(1)), including section
907(d) of the Alaska National Interest Lands Conservation Act
(43 U.S.C. 1636(d)).
SEC. 7. MISCELLANEOUS.
(a) Special Use Authorizations.--
(1) In general.--On the conveyance of land to Sealaska
under section 5(a)--
(A) any guiding or outfitting special use
authorization issued by the Forest Service for the use
of the conveyed land shall terminate; and
(B) as a condition of the conveyance and consistent
with section 14(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(g)), Sealaska shall
allow the holder of the special use authorization
terminated under subparagraph (A) to continue the
authorized use, subject to the terms and conditions
that were in the special use authorization issued by
the Forest Service, for--
(i) the remainder of the term of the
authorization; and
(ii) 1 additional consecutive 10-year
renewal period.
(2) Notice of commercial activities.--Sealaska and any
holder of a guiding or outfitting authorization under this
subsection shall have a mutual obligation, subject to the
guiding or outfitting authorization, to inform the other party
of any commercial activities prior to engaging in the
activities on the land conveyed to Sealaska under section 5(a).
(3) Negotiation of new terms.--Nothing in this subsection
precludes Sealaska and the holder of a guiding or outfitting
authorization from negotiating a new mutually agreeable guiding
or outfitting authorization.
(4) Liability.--Neither Sealaska nor the United States
shall bear any liability, except for willful acts of Sealaska
or the United States, regarding the use and occupancy of any
land conveyed to Sealaska under this Act, as provided in any
outfitting or guiding authorization under this subsection.
(b) Roads and Facilities.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture and Sealaska shall
negotiate in good faith to develop a binding agreement--
(1) for the use of National Forest System roads and related
transportation facilities by Sealaska; and
(2) the use of Sealaska roads and related transportation
facilities by the Forest Service.
(c) Traditional Trade and Migration Routes.--
(1) Routes.--
(A) The inside passage.--The route from Yakutat to
Dry Bay, as generally depicted on the map entitled
``Traditional Trade and Migration Route, Neix naax aan
nax--The Inside Passage'' and dated October 17, 2012,
shall be known as ``Neix naax aan nax'' (``The Inside
Passage'').
(B) Canoe road.--The route from the Bay of Pillars
to Port Camden, as generally depicted on the map
entitled ``Traditional Trade and Migration Route,
Yakwdeiyi--Canoe Road'' and dated October 17, 2012,
shall be known as ``Yakwdeiyi'' (``Canoe Road'').
(C) The people's road.--The route from Portage Bay
to Duncan Canal, as generally depicted on the map
entitled ``Traditional Trade and Migration Route,
Lingit Deiyi--The People's Road'' and dated October 17,
2012, shall be known as ``Lingit Deiyi'' (``The
People's Road'').
(2) Access to traditional trade and migration routes.--The
culturally and historically significant trade and migration
routes designated by paragraph (1) shall be open to travel by
Sealaska and the public in accordance with applicable law,
subject to such terms, conditions, and special use
authorizations as the Secretary of Agriculture may require.
(d) Technical Corrections.--
(1) Tribal forest protection.--Section 2 of the Tribal
Forest Protection Act of 2004, (25 U.S.C. 3115a), is amended by
adding at the end a new subsection (h):
``(h)(1) Land owned by an Alaska Native Corporation pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is
forest land or formerly had a forest cover or vegetative cover that is
capable of restoration shall be eligible for agreements and contracts
authorized under this Act and administered by the Secretary.
``(2) Nothing in this subsection validates, invalidates, or
otherwise affects any claim regarding the existence of Indian country
(as defined in section 1151 of title 18, United States Code) in the
State of Alaska.''.
(2) National historic preservation.--Section 101(d) of the
National Historic Preservation Act, (16 U.S.C. 470a(d)), is
amended by adding at the end a new paragraph (7):
``(7)(A) Notwithstanding any other provision of law, an Alaska
Native tribe, band, nation or other organized group or community,
including a Native village, Regional Corporation, or Village
Corporation, shall be eligible to participate in all programs
administered by the Secretary under this Act on behalf of Indian
tribes, including, but not limited to, securing grants and other
support to manage their own historic preservation sites and programs on
lands held by the Alaska Native tribe, band, nation or other organized
group or community, including a Native village, Regional Corporation,
or Village Corporation.
``(B) Nothing in this paragraph validates, invalidates, or
otherwise affects any claim regarding the existence of Indian country
(as defined in section 1151 of title 18, United States Code) in the
State of Alaska.''.
(e) Effect on Other Laws.--
(1) In general.--Nothing in this Act delays the duty of the
Secretary to convey land to--
(A) the State under the Act of July 7, 1958
(commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21; Public Law 85-508); or
(B) a Native Corporation under--
(i) the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.); or
(ii) the Alaska Land Transfer Acceleration
Act (43 U.S.C. 1611 note; Public Law 108-452).
(2) Conveyances.--The Secretary shall promptly proceed with
the conveyance of all land necessary to fulfill the final
entitlement of all Native Corporations in accordance with--
(A) the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.); and
(B) the Alaska Land Transfer Acceleration Act (43
U.S.C. 1611 note; Public Law 108-452).
(f) Escrow Funds.--If Sealaska files the resolution in accordance
with section 4(a)--
(1) the escrow requirements of section 2 of Public Law 94-
204 (43 U.S.C. 1613 note) shall apply to proceeds (including
interest) derived from the land withdrawn under section 5(b)
from the date of receipt of the resolution; and
(2) Sealaska shall have no right to any proceeds (including
interest) held pursuant to the escrow requirements of section 2
of Public Law 94-204 (43 U.S.C. 1613 note) that were derived
from land originally withdrawn for selection by section 16 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1615), but
not conveyed.
(g) Maps.--
(1) Availability.--Each map referred to in this Act shall
be available in the appropriate offices of the Secretary and
the Secretary of Agriculture.
(2) Corrections.--The Secretary of Agriculture may make any
necessary correction to a clerical or typographical error in a
map referred to in this Act.
Union Calendar No. 150
113th CONGRESS
1st Session
H. R. 740
[Report No. 113-203]
_______________________________________________________________________
A BILL
To provide for the settlement of certain claims under the Alaska Native
Claims Settlement Act, and for other purposes.
_______________________________________________________________________
September 10, 2013
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed