Text: S.430 — 106th Congress (1999-2000)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 106-283 (10/06/2000)

 
[106th Congress Public Law 283]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ283.106]


[[Page 114 STAT. 867]]

Public Law 106-283
106th Congress

                                 An Act


 
 To amend the Alaska Native Claims Settlement Act to provide for a land 
   exchange between the Secretary of Agriculture and the Kake Tribal 
 Corporation, and for other purposes <<NOTE: Oct. 6, 2000 -  [S. 430]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Kake Tribal Corporation 
Land Transfer Act.>> assembled,

SECTION 1. <<NOTE: 43 USC 1601 note.>> SHORT TITLE.

    This Act may be cited as the ``Kake Tribal Corporation Land Transfer 
Act''.

SEC. 2. <<NOTE: 43 USC 1629h note.>> DECLARATION OF PURPOSE.

    The purpose of this Act is to authorize the reallocation of lands 
and selection rights between the State of Alaska, Kake Tribal 
Corporation, and the City of Kake, Alaska, in order to provide for the 
protection and management of the municipal watershed.
SEC. 3. AMENDMENT OF ALASKA NATIVE CLAIMS SETTLEMENT ACT.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 note) is 
amended by adding at the end the following new section:

                 ``kake tribal corporation land transfer

    ``Sec. 42. <<NOTE: 43 USC 1629h.>> (a) In General.--If--
            ``(1) the State of Alaska relinquishes its selection rights 
        under the Alaska Statehood Act (Public Law 85-508) to lands 
        described in subsection (c)(2) of this section; and
            ``(2) Kake Tribal Corporation and Sealaska Corporation 
        convey all right, title, and interest to lands described in 
        subsection (c)(1) to the City of Kake, Alaska,

then <<NOTE: Deadline.>> the Secretary of Agriculture (hereinafter 
referred to as `Secretary') shall, not later than 180 days thereafter, 
convey to Kake Tribal Corporation title to the surface estate in the 
land identified in subsection (c)(2) of this section, and convey to 
Sealaska Corporation title to the subsurface estate in such land.

    ``(b) Effect on Selection Totals.--(1) Of the lands to which the 
State of Alaska relinquishes selection rights and which are conveyed to 
the City of Kake pursuant to subsection (a), 694.5 acres shall be 
charged against lands to be selected by the State of Alaska under 
section 6(a) of the Alaska Statehood Act and 694.5 acres against lands 
to be selected by the State of Alaska under section 6(b) of the Alaska 
Statehood Act.
    ``(2) The land conveyed to Kake Tribal Corporation and to Sealaska 
Corporation under this section is, for all purposes, considered to be 
land conveyed under this Act. However, the conveyance of such land to 
Kake Tribal Corporation shall not count against

[[Page 114 STAT. 868]]

or otherwise affect the Corporation's remaining entitlement under 
section 16(b).
    ``(c) Lands Subject to Exchange.--(1) The lands to be transferred to 
the City of Kake under subsection (a) are the surface and subsurface 
estate to approximately 1,430 acres of land owned by Kake Tribal 
Corporation and Sealaska Corporation, and depicted as `KTC Land to City 
of Kake' on the map entitled `Kake Land Exchange-2000', dated May 2000.
    ``(2) The lands subject to relinquishment by the State of Alaska and 
to conveyance to Kake Tribal Corporation and Sealaska Corporation under 
subsection (a) are the surface and subsurface estate to approximately 
1,389 acres of Federal lands depicted as `Jenny Creek-Land Selected by 
the State of Alaska to KTC' on the map entitled `Kake Land Exchange-
2000', dated May 2000.
    ``(3) In addition to the transfers authorized under subsection (a), 
the Secretary may acquire from Sealaska Corporation the subsurface 
estate to approximately 1,127 acres of land depicted as `KTC Land-
Conservation Easement to SEAL Trust' on the map entitled `Kake Land 
Exchange-2000', dated May 2000, through a land exchange for the 
subsurface estate to approximately 1,168 acres of Federal land in 
southeast Alaska that is under the administrative jurisdiction of the 
Secretary. Any exchange under this paragraph shall be subject to the 
mutual consent of the United States Forest Service and Sealaska 
Corporation.
    ``(d) Withdrawal.--Subject to valid existing rights, the lands 
described in subsection (c)(2) are withdrawn from all forms of location, 
entry, and selection under the mining and public land laws of the United 
States and from leasing under the mineral and geothermal leasing 
laws. <<NOTE: Expiration date.>> This withdrawal expires 18 months after 
the effective date of this section.

    ``(e) Maps.--The maps referred to in this Act shall be maintained on 
file in the Office of the Chief, United States Forest Service, the 
Office of the Secretary of the Interior, and the Office of the 
Petersburg Ranger District, Alaska.
    ``(f) Watershed Management.--The United States Forest Service may 
cooperate with Kake Tribal Corporation and the City of Kake in 
developing a watershed management plan that provides for the protection 
of the watershed in the public interest. Grants may be made, and 
contracts and cooperative agreements may be entered into, to the extent 
necessary to assist the City of Kake and Kake Tribal Corporation in the 
preparation and implementation of a watershed management plan for the 
land within the City of Kake's municipal watershed.
    ``(g) Effective Date.--This section is effective upon the execution 
of one or more conservation easements that, subject to valid existing 
rights of third parties--
            ``(1) encumber all lands depicted as `KTC Land to City of 
        Kake' and `KTC Land-Conservation Easement to SEAL Trust' on a 
        map entitled `Kake Land Exchange-2000' dated May 2000;
            ``(2) provide for the relinquishment by Kake Tribal 
        Corporation of the Corporation's development rights on lands 
        described in paragraph (1); and
            ``(3) provide for perpetual protection and management of 
        lands depicted as `KTC Land to City of Kake' and `KTC Land-
        Conservation Easement to SEAL Trust' on the map described in 
        paragraph (1) as--
                    ``(A) a watershed;

[[Page 114 STAT. 869]]

                    ``(B) a municipal drinking water source in 
                accordance with the laws of the State of Alaska;
                    ``(C) a source of fresh water for the Gunnuk Creek 
                Hatchery; and
                    ``(D) habitat for black bear, deer, birds, and other 
                wildlife.

    ``(h) Timber Manufacturing; Export Restriction.--Notwithstanding any 
other provision of law, timber harvested from lands conveyed to Kake 
Tribal Corporation under this section shall not be available for export 
as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell, 
trade, exchange, substitute, or otherwise convey such timber to any 
person for the purpose of exporting that timber from the State of 
Alaska.
    ``(i) Authorization of Appropriations.--There are authorized such 
sums as may be necessary to carry out this Act, including to compensate 
Kake Tribal Corporation for relinquishing its development rights 
pursuant to subsection (g)(2) and to provide assistance to Kake Tribal 
Corporation to meet the requirements of subsection (h). No funds 
authorized under this section may be paid to Kake Tribal Corporation 
unless Kake Tribal Corporation is a party to the conservation easements 
described in subsection (g).''.

    Approved October 6, 2000.

LEGISLATIVE HISTORY--S. 430:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-489 (Comm. on Resources).
SENATE REPORTS: No. 106-31 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Apr. 19, considered and passed 
                                        Senate.
                                                        Vol. 146 (2000):
                                    May 22, considered and passed House, 
                                        amended.
                                    Sept. 22, Senate concurred in House 
                                        amendment.

                                  <all>