[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 430 Engrossed Amendment House (EAH)]
2d Session
S. 430
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
May 22, 2000.
Resolved, That the bill from the Senate (S. 430) entitled ``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'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kake Tribal Corporation Land
Transfer Act''.
SEC. 2. 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. (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 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 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 1389 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. 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;
``(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).''.
Attest:
Clerk.