[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3617 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 606
118th CONGRESS
  2d Session
                                S. 3617

     To provide equitable treatment for the people of the Village 
 Corporation established for the Native Village of Saxman, Alaska, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 18, 2024

 Ms. Murkowski (for herself and Mr. Sullivan) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           November 21, 2024

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To provide equitable treatment for the people of the Village 
 Corporation established for the Native Village of Saxman, Alaska, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cape Fox Land Entitlement 
Finalization Act of 2024''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the Cape Fox Corporation is a Village 
        Corporation for the Native Village of Saxman, Alaska, organized 
        pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 
        1601 et seq.);</DELETED>
        <DELETED>    (2) similar to other Village Corporations in 
        southeast Alaska, under section 16 of that Act (43 U.S.C. 
        1615), Cape Fox could select only 23,040 acres from land 
        withdrawn for the purpose of that selection;</DELETED>
        <DELETED>    (3) under section 22(l) of that Act (43 U.S.C. 
        1621(l))--</DELETED>
                <DELETED>    (A) the Village Corporations in southeast 
                Alaska, other than Cape Fox, were restricted with 
                respect to the selection of land within 2 miles of a 
                home rule city (as that term is used in that Act); 
                and</DELETED>
                <DELETED>    (B) to protect the watersheds in the 
                vicinity, Cape Fox was restricted with respect to the 
                selection of land within 6 miles of the boundary of the 
                home rule city of Ketchikan, Alaska;</DELETED>
        <DELETED>    (4) the 6-mile restriction described in paragraph 
        (3)(B) precluded Cape Fox from selecting valuable land, 
        industrial sites, and other commercial property located--
        </DELETED>
                <DELETED>    (A) within the townships in which the 
                Native Village of Saxman is located, more particularly 
                described as T.75 S., T.76 S., R.91 E., Copper River 
                Meridian; and</DELETED>
                <DELETED>    (B) on surrounding land that is far 
                removed from Ketchikan, Alaska, and its 
                watersheds;</DELETED>
        <DELETED>    (5) as a result of the restriction described in 
        paragraph (3)(B), only the remote, mountainous, northeast 
        corner of the property described in paragraph (4)(A), which is 
        nonproductive and has no known economic value, was available 
        for selection by Cape Fox, as required under section 16(b) of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 
        1615(b));</DELETED>
        <DELETED>    (6) land selections by Cape Fox under that Act 
        were further limited by the fact that--</DELETED>
                <DELETED>    (A) the Annette Island Indian Reservation 
                is located within the applicable selection area; 
                and</DELETED>
                <DELETED>    (B) land of that Reservation is 
                unavailable for selection by Cape Fox;</DELETED>
        <DELETED>    (7) Cape Fox is the only Village Corporation 
        affected by the restrictions described in paragraphs (3)(B) and 
        (6); and</DELETED>
        <DELETED>    (8) the Secretary has advised Congress that the 
        predicament of Cape Fox is sufficiently unique to warrant the 
        legislative remedy provided by this Act.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Cape fox.--The term ``Cape Fox'' means the 
        Cape Fox Village Corporation, a Village Corporation for the 
        Native Village of Saxman, Alaska, organized pursuant to the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.).</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' means 
        the approximately 180 acres of surface land within the Tongass 
        National Forest in the State of Alaska, as generally depicted 
        on the Map.</DELETED>
        <DELETED>    (3) Map.--The term ``Map'' means the map entitled 
        ``Cape Fox Village Corporation Final Selection'' and dated 
        December 18, 2023.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 4. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN 
              LAND.</DELETED>

<DELETED>    (a) In General.--Notwithstanding section 16(b) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)), Cape Fox shall 
not be required to select or receive conveyance of the approximately 
185 acres of unconveyed land described in subsection (b) located within 
the township in which the Native Village of Saxman, Alaska, is 
located.</DELETED>
<DELETED>    (b) Land Described.--The land referred to in subsection 
(a) is as follows:</DELETED>
        <DELETED>    (1) Approximately 40 acres in T. 74 S., R.90 E., 
        sec. 10, SWNE, Copper River Meridian.</DELETED>
        <DELETED>    (2) Approximately 144.57 acres in T.75 S., R.91 
        E., sec. 1, lots 1, 3, and 4, Copper River Meridian.</DELETED>

<DELETED>SEC. 5. SELECTION OUTSIDE EXTERIOR SELECTION 
              BOUNDARY.</DELETED>

<DELETED>    (a) Selection and Conveyance of Surface Estate.--Not later 
than 90 days after the date of enactment of this Act, if Cape Fox 
submits to the Secretary a written notice of selection of the Federal 
land, the Secretary shall, on receiving that written notice, convey the 
Federal land to Cape Fox.</DELETED>
<DELETED>    (b) Conveyance of Subsurface Estate.--On conveyance to 
Cape Fox of the surface estate to the Federal land under subsection 
(a), the Secretary shall convey to Sealaska Corporation the subsurface 
estate to that Federal land.</DELETED>
<DELETED>    (c) Timing.--It is the intent of Congress that the 
Secretary complete the conveyances to Cape Fox and Sealaska Corporation 
under subsections (a) and (b), respectively, as soon as practicable 
after the date on which the Secretary receives a written notice of the 
selection of Cape Fox under subsection (a), but not later than 180 days 
after the date on which the Secretary receives that written 
notice.</DELETED>
<DELETED>    (d) Entitlement Fulfilled.--The conveyance of Federal land 
to Cape Fox and the subsurface interest in the Federal land to Sealaska 
Corporation under subsections (a) and (b), respectively, shall be 
considered to fulfill the entitlement of--</DELETED>
        <DELETED>    (1) Cape Fox under section 16 of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1615); and</DELETED>
        <DELETED>    (2) Sealaska Corporation to any subsurface 
        interest in the Federal land under section 14(f) of that Act 
        (43 U.S.C. 1613(f)).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cape Fox Land Entitlement 
Finalization Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Cape fox.--The term ``Cape Fox'' means the Cape Fox 
        Village Corporation, a Village Corporation for the Native 
        Village of Saxman, Alaska, organized pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 180 acres of surface land within the Tongass 
        National Forest in the State of Alaska, as generally depicted 
        on the Map.
            (3) Map.--The term ``Map'' means the map entitled ``Cape 
        Fox Village Corporation Final Selection'' and dated December 
        18, 2023.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.

    (a) In General.--Notwithstanding section 16(b) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be 
required to select or receive conveyance of the approximately 185 acres 
of unconveyed land described in subsection (b) located within the 
township in which the Native Village of Saxman, Alaska, is located.
    (b) Land Described.--The land referred to in subsection (a) is as 
follows:
            (1) Approximately 40 acres in T. 74 S., R.90 E., sec. 10, 
        SWNE, Copper River Meridian.
            (2) Approximately 144.57 acres in T.75 S., R.91 E., sec. 1, 
        lots 1, 3, and 4, Copper River Meridian.

SEC. 4. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.

    (a) Selection and Conveyance of Surface Estate.--Not later than 90 
days after the date of enactment of this Act, if Cape Fox submits to 
the Secretary a written notice of selection of the Federal land, the 
Secretary shall, on receiving that written notice, convey the Federal 
land to Cape Fox.
    (b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of 
the surface estate to the Federal land under subsection (a), the 
Secretary shall convey to Sealaska Corporation the subsurface estate to 
that Federal land.
    (c) Timing.--It is the intent of Congress that the Secretary 
complete the conveyances to Cape Fox and Sealaska Corporation under 
subsections (a) and (b), respectively, as soon as practicable after the 
date on which the Secretary receives a written notice of the selection 
of Cape Fox under subsection (a), but not later than 180 days after the 
date on which the Secretary receives that written notice.
    (d) Entitlement Fulfilled.--The conveyance of Federal land to Cape 
Fox and the subsurface interest in the Federal land to Sealaska 
Corporation under subsections (a) and (b), respectively, shall be 
considered to fulfill the entitlement of--
            (1) Cape Fox under section 16 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1615); and
            (2) Sealaska Corporation to any subsurface interest in the 
        Federal land under section 14(f) of that Act (43 U.S.C. 
        1613(f)).

SEC. 5. PUBLIC ACCESS EASEMENT.

    The conveyance of the Federal land under section 4 shall be subject 
to the reservation of a public easement under section 17(b) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)) to allow for 
access to National Forest System land further inland on Revillagigedo 
Island from the George Inlet.
                                                       Calendar No. 606

118th CONGRESS

  2d Session

                                S. 3617

_______________________________________________________________________

                                 A BILL

     To provide equitable treatment for the people of the Village 
 Corporation established for the Native Village of Saxman, Alaska, and 
                          for other purposes.

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment