113 HR 740 IH: Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act
U.S. House of Representatives
2013-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Southeast Alaska Native Land
Entitlement Finalization and Jobs Protection Act
.
2.In this Act:
(1)The
term maps means the maps entitled Sealaska Land Entitlement
Finalization
, numbered 1 through 25 and dated January 22, 2013.
(2)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)The
term Secretary means the Secretary of the Interior.
(4)The
term State means the State of Alaska.
3.
(a)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)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.
4.Finalization of
entitlement
(a)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)
(1)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)
(A)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)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)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)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)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)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.
5.
(a)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, any easement that could have been reserved in
accordance with this Act prior to the interim conveyance.
(b)
(1)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)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 conveyedExcept 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)
(1)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)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)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)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 agreementIn 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 descriptionSealaska 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)Hunting,
fishing, and recreation
(1)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, as that term is defined in section 803 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3113), 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)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).
6.Cemetery sites
and historical places
(a)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 applicationsExcept 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)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)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 sitesIf 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)
(1)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)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)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 conveyedExcept 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)).
7.
(a)Special use
authorizations
(1)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 activitiesSealaska 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)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)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)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 route designations
(1)
(A)The route from Yakutat to Dry Bay, as generally depicted
on the map entitled Traditional Trade and Migration Route, Neix naax aan
náx—The Inside Passage
and dated October 17, 2012, is designated as
Neix naax aan náx
(The Inside Passage
).
(B)The route from the Bay of Pillars to Port Camden, as
generally depicted on the map entitled Traditional Trade and Migration
Route, Yakwdeiyí—Canoe Road
and dated October 17, 2012, is designated
as Yakwdeiyí
(Canoe Road
).
(C)The route from Portage Bay to Duncan Canal, as generally
depicted on the map entitled Traditional Trade and Migration Route,
Lingít Deiyí—The People’s Road
and dated October 17, 2012, is
designated Lingít Deiyí
(The People’s
Road
).
(2)Access to
traditional trade and migration routesThe 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)
(1)Section 2 of the Tribal Forest Protection Act of 2004,
25 U.S.C. 3115a, is amended by adding 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 preservationSection 101(d) of the National Historic
Preservation Act, 16 U.S.C. 470a(d), is amended by adding 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)
(1)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)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)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)
(1)Each
map referred to in this Act shall be available in the appropriate offices of
the Secretary and the Secretary of Agriculture.
(2)The
Secretary of Agriculture may make any necessary correction to a clerical or
typographical error in a map referred to in this Act.