[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withdrawn for the purpose of that selection;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