113 S340 IS: Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act
U.S. Senate
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 17 and dated October 17, 2012, and
numbered 18 and dated December 21, 2012.
(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.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 18 parcels of land generally depicted on the maps as
Sealaska Selections
and patented under section 4 is less than or
more than 69,585 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 18 parcels of
Federal land comprising approximately 69,585 acres that is generally depicted
as Sealaska Selections
on the maps; and
(B)a total of not
more than 490 acres of Federal land for cemetery sites and historical places
comprised of parcels that are applied for in accordance with section 5.
(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 17, and dated October 17, 2012, and the map
numbered 18 and dated December 21, 2012, 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.
4.
(a)Subject to valid existing rights, subsections (c),
(d), and (e), section 3(b), and section 6(a), the Secretary shall complete the
interim conveyance of the 18 parcels of Federal land comprising approximately
69,585 acres generally depicted on the maps by the date that is 60 days after
the date of receipt of the resolution under section 3(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 3(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)
(A)In the deeds of conveyance for the land under subsection
(a), the Secretary shall reserve a conservation easement to protect the aquatic
and riparian habitat extending 100 feet on each side of the anadromous water
bodies depicted as 100 Foot Conservation Easement
on the maps
numbered 3, 4, and 6.
(B)The
commercial harvest of timber within the conservation easements described in
subparagraph (A) shall be prohibited, except that Sealaska may, for the purpose
of harvesting timber outside of the conservation easement—
(i)maintain roads
within the conservation easement that are in existence on the date of enactment
of this Act; and
(ii)construct
temporary roads and yarding corridors across the conservation easements in
accordance with the applicable National Forest System construction
standards.
(C)The
Secretary of Agriculture shall administer the conservation easements described
in subparagraph (A).
(3)In the deed of conveyance for the land generally
depicted on the map entitled Sealaska Land Entitlement
Finalization
, numbered 7 of 17, and dated October 17, 2012, 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.
(4)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 6(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 17, and
dated October 17, 2012;
(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 17 and dated October 17,
2012.
(C)Roads and
facilities use agreementIn addition to the agreement under
section 6(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), except as against Sealaska for the management of public
access under paragraph (1).
5.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 76 cemetery
sites and historical places—
(1)that are listed
in the document entitled Sealaska Cemetery Sites and Historical
Places
and dated October 17, 2012;
(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;
(3)for which
Sealaska has not previously submitted an application; and
(4)that are not
located within a conservation system unit (as defined in section 102 of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)).
(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 490 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 (g);
(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 (i).
(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)Consultation
with Recognized Tribal EntitySealaska shall—
(1)consult with any
affected federally recognized Indian tribe before submitting any application
for a cemetery site or historical place located within the traditional
territory of the Indian tribe; and
(2)include with each
application described in paragraph (1) a statement that the required
consultation was carried out in accordance with that paragraph.
(f)Selection of
additional cemetery sitesIf Sealaska submits timely applications
to the Secretary in accordance with subsections (a), (d), and (e), for all 76
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),
and subject to subsection (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 additional cemetery sites that are not located
in a conservation system unit described in (a)(4), the total acreage of which,
together with the cemetery sites and historical places previously conveyed by
the Secretary under subsection (c), shall not exceed 490 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).
(g)
(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));
(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; and
(C)public access
within 25 feet of any Class I stream described in section 705(e) of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 539d(e)) for noncommercial
recreational and subsistence fishing, without liability to Sealaska, except for
willful acts, to any user by reason of the use.
(2)The
public access and use under subparagraphs (B) and (C) 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, except as against Sealaska for the management of public
access under paragraph (2).
(h)Prohibition on
transfer or loss
(1)Notwithstanding any other provision of law, Sealaska
shall not—
(A)alienate,
transfer, assign, mortgage, or pledge any cemetery site or historical place
conveyed under this section to any person or entity other than the United
States; or
(B)permit
development or improvement of the cemetery site or historical place for any use
which is incompatible with, or is in derogation of, the values of the area as a
cemetery site or historical place.
(2)Notwithstanding any other provision of law, any cemetery
site or historical place conveyed to Sealaska under this section shall be
exempt from—
(A)adverse
possession and similar claims based on estoppel;
(B)real property
taxes by any governmental entity;
(C)title 11 of the
United States Code or a successor law, any other insolvency or moratorium law,
or any other law generally affecting creditors’ rights;
(D)judgments in any
action at law or in equity to recover sums owed or penalties incurred by
Sealaska or any employee, officer, director, or shareholder of Sealaska;
and
(E)involuntary
distributions or conveyances to any person or entity other than the United
States related to the involuntary dissolution of Sealaska.
(i)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)).
6.
(a)Special use
authorizations
(1)On the conveyance of land to Sealaska under section
4(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 4(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)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).
(e)If Sealaska files the resolution in accordance with section
3(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 4(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.
(f)
(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.
7.
(a)If Sealaska files a resolution in accordance
with section 3(a), section 508 of the Alaska National Interest Lands
Conservation Act (Public Law 96–487; 104 Stat. 4428) is amended by adding at
the end the following:
(13)Certain land which comprises approximately 21,106 acres,
as generally depicted on the map entitled Bay of Pillars LUD II
Management Area—Proposed
and dated October 17, 2012.
(14)Certain land which comprises approximately 36,624 acres, as
generally depicted on the map entitled Kushneahin Creek LUD II
Management Area—Proposed
and dated October 17, 2012.
(15)Certain land which comprises approximately 9,064
acres, as generally depicted on the map entitled Northern Prince of
Wales LUD II Management Area—Proposed
and dated October 17,
2012.
(16)Certain land which comprises approximately 7,786 acres,
as generally depicted on the map entitled Western Kosciusko LUD II
Management Area—Proposed
and dated October 17, 2012.
(17)Certain land which comprises approximately 1,664 acres,
as generally depicted on the map entitled Eastern Kosciusko LUD II
Management Area—Proposed
and dated October 17, 2012.
(18)Certain land which comprises approximately 25,402 acres, as
generally depicted on the map entitled Sarkar Lakes LUD II Management
Area—Proposed
and dated October 17, 2012.
(19)Certain land which comprises approximately 15,584 acres,
as generally depicted on the map entitled Honker Divide LUD II
Management Area—Proposed
and dated October 17, 2012.
(20)Eek lake and
sukkwan islandCertain land which comprises approximately 34,873
acres, as generally depicted on the map entitled Eek Lake and Sukkwan
Island LUD II Management Area—Proposed
and dated October 17,
2012.
.
(b)
(1)The designation of the conservation areas by paragraphs
(13) through (20) of section 508 of the Alaska National Interest Lands
Conservation Act (Public Law 96–487; 104 Stat. 4428) (as added by subsection
(a)) (referred to in this subsection as the conservation areas
)
is not intended to lead to the creation of protective perimeters or buffer
zones around the conservation areas.
(2)The fact that activities outside of the conservation
areas are not consistent with the purposes of the conservation areas or can be
seen or heard within the conservation areas shall not preclude the activities
or uses outside the boundary of the conservation areas.