[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 430 Reported in House (RH)]
Union Calendar No. 274
106th CONGRESS
2d Session
S. 430
[Report No. 106-489]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 1999
Referred to the Committee on Resources
January 27, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of Senate passed bill, see copy of bill as printed in the
House of Representatives on April 20, 1999]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 selections
rights under the Alaska Statehood Act (P.L. 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) Description of Lands Subject to Exchange.--(1) The lands to
be transferred to the City of Kake and 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-
1999', dated September, 1999.
``(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-1999', dated September, 1999.
``(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 the 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 the 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 reciprocal agreements that provide for one or more
reciprocal 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 City of Kake' on a
map entitled `Kake Land Exchange-1999' dated September 1999;
``(2) provide for the relinquishment by Kake Tribal
Corporation to 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-Conservation Easement to City of
Kake' 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) Authorization of Appropriations.--There are authorized such
sums as may be necessary to carry out this Act. No funds authorized
under this section may be paid to Kake Tribal Corporation unless Kake
Tribal Corporation is a party to any reciprocal agreements entered into
under subsection (g).''.
Passed the Senate April 19, 1999.
Attest:
GARY SISCO,
Secretary.
Union Calendar No. 274
106th CONGRESS
2d Session
S. 430
[Report No. 106-489]
_______________________________________________________________________
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.
_______________________________________________________________________
January 27, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed