[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5452 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5452

    To resolve certain conveyances and provide for alternative land 
  selections under the Alaska Native Claims Settlement Act related to 
 Cape Fox Corporation and Sealaska Corporation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2002

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To resolve certain conveyances and provide for alternative land 
  selections under the Alaska Native Claims Settlement Act related to 
 Cape Fox Corporation and Sealaska 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 ``Cape Fox Land Entitlement Adjustment 
Act''.

 SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Cape Fox Corporation (Cape Fox) is an Alaska Native 
        Village Corporation organized pursuant to the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.) for the Native 
        Village of Saxman.
            (2) As with other village corporations organized pursuant 
        to the Alaska Native Claims Settlement Act in southeast Alaska, 
        Cape Fox was limited to selecting 23,040 acres under section 16 
        of the Alaska Native Claims Settlement Act.
            (3) Except for Cape Fox, all other village corporations 
        organized pursuant to the Alaska Native Claims Settlement Act 
        in southeast Alaska were restricted from selecting land within 
        two miles of a home rule city.
            (4) To protect the watersheds in the vicinity of Ketchikan, 
        Cape Fox was restricted from selecting land within six miles of 
        the boundary of the home rule City of Ketchikan under section 
        22(l) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1621(l)).
            (5) The six mile restriction damaged Cape Fox by precluding 
        the corporation from selecting valuable timber land, industrial 
        sites, and other commercial property, not only in its core 
        township but in surrounding land far removed from Ketchikan and 
        its watershed.
            (6) As a result of the six mile restriction, only the 
        remote mountainous northeast corner of Cape Fox's core 
        township, which is nonproductive and of no known economic 
        value, was available for selection by the corporation. 
        Selection of this parcel was, however, mandated by section 
        16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1615(b)).
            (7) Cape Fox's land selections were further limited by the 
        fact that the Annette Island Indian Reservation is within its 
        selection area, and those lands were unavailable for selection 
        under the Alaska Native Claims Settlement Act. Cape Fox is the 
        only village corporation organized pursuant to the Alaska 
        Native Claims Settlement Act affected by this restriction.
            (8) Adjustment of Cape Fox's selections and conveyances of 
        land under the Alaska Native Claims Settlement Act requires 
        adjustment of Sealaska Corporation's (Sealaska) selections and 
        conveyances to avoid creation of additional split estate 
        between National Forest System surface land and Sealaska 
        subsurface land.
            (9) There is an additional need to resolve existing areas 
        of Sealaska/Tongass split estate, in which Sealaska holds title 
        or conveyance rights to several thousand acres of subsurface 
        land that encumber management of Tongass National Forest 
        surface land.
            (10) The Tongass National Forest land identified in this 
        Act for selection by and conveyance to Cape Fox and Sealaska, 
        subject to valid existing rights, provides a means to resolve 
        some of the Cape Fox and Sealaska Alaska Native Claims 
        Settlement Act land entitlement issues without significantly 
        affecting Tongass National Forest resources, uses, or values.
            (11) Adjustment of Cape Fox's selections and conveyances of 
        land under the Alaska Native Claims Settlement Act through the 
        provisions of this Act, and the related adjustment of 
        Sealaska's selections and conveyances hereunder, are in 
        accordance with the purposes of the Alaska Native Claims 
        Settlement Act and otherwise in the public interest.

SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.

    Notwithstanding section 16(b) of the Alaska Native Claims 
Settlement Act (43 U.S. C. 1615(b)), Cape Fox shall not be required to 
select or receive conveyance of the approximately 160 acres of Federal 
unconveyed land within section 1, T. 75 S., R. 91 E., C.R.M.

 SEC. 4. SELECTION AND CONVEYANCE OUTSIDE EXTERIOR SELECTION BOUNDARY.

    (a) Selection of Surface Estate.--
            (1) In general.--In addition to land made available for 
        selection under the Alaska Native Claims Settlement Act, not 
        later than 2 years after the date of the enactment of this Act, 
        Cape Fox may select the approximately 99 acres of the surface 
        estate of Tongass National Forest land outside Cape Fox's 
        current exterior selection boundary described in paragraph (2).
            (2) Land description.--The land referred to in paragraph 
        (a) is described as follows:
                    T. 73 S., R. 90 E., C.R.M.
                    Section 33: SW portion of SE 1/4: 38 acres.
                    Section 33: NW portion of SE 1/4: 13 acres.
                    Section 33: SE 1/4 of SE 1/4: 40 acres.
                    Section 33: SE 1/4 of SW 1/4: 8 acres.
    (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox 
of the surface estate to the land described in subsection (a)(2), the 
Secretary of the Interior shall convey to Sealaska the subsurface 
estate to that land.
    (c) Timing.--The Secretary of the Interior shall complete the 
conveyances to Cape Fox and Sealaska under this section not later than 
180 days after the Secretary of the Interior receives written notice of 
the Cape Fox selection under subsection (a).

SEC. 5. EXCHANGE OF LAND BETWEEN CAPE FOX AND THE TONGASS NATIONAL 
              FOREST.

    (a) In General.--The Secretary of Agriculture shall offer, and if 
accepted by Cape Fox shall exchange, the Federal land described in 
subsection (b) for land and interests therein identified by Cape Fox 
under subsection (c) and, to the extent necessary, land and interests 
therein identified under subsection (d).
    (b) Land To Be Exchanged to Cape Fox.--The land to be offered to 
Cape Fox is Tongass National Forest land comprising approximately 
2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 62 E., 
C.R.M., as designated upon a map entitled ``Proposed Kensington Project 
Land Exchange'', dated March 18, 2002, and available for inspection in 
the Forest Service Region 10 regional office in Juneau, Alaska.
    (c) Land To Be Exchanged to the United States.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, Cape Fox may identify, in writing to 
        the Secretary of Agriculture and the Secretary of the Interior, 
        the land and interests in land that Cape Fox proposes to 
        exchange for the Federal land described in subsection (b). The 
        land and interests in land shall be identified from land 
        previously conveyed to Cape Fox comprising approximately 2,900 
        acres and designated as parcels A-1 to A-3, B-1 to B-3, and C 
        upon a map entitled ``Cape Fox Corporation ANCSA Land Exchange 
        Proposal,'' dated March 15, 2002, and available for inspection 
        in the Forest Service Region 10 regional office in Juneau, 
        Alaska.
            (2) Conditions for parcels.--Land identified for exchange 
        within each parcel shall abut National Forest System land and 
        be in reasonably compact tracts.
            (3) Easement.--The land identified for exchange shall 
        includes a public trail easement designated as ``D'' on the map 
        described in paragraph (1), unless the Secretary of Agriculture 
        agrees otherwise. The value of the easement shall be included 
        in determining the total value of land conveyed to the United 
        States.
    (d) Valuation of Exchange land.--The Secretary of Agriculture shall 
determine whether the land identified by Cape Fox under subsection (c) 
is equal in value to the land described in subsection (b). If the land 
identified under subsection (c) is determined to have insufficient 
value to equal the value of the land described in subsection (b), Cape 
Fox and the Secretary shall mutually identify additional Cape Fox land 
for exchange sufficient to equalize the value of land conveyed to Cape 
Fox. Such land shall be contiguous to adjacent National Forest System 
land and in reasonably compact tracts.
    (e) Conditions.--Notwithstanding section 14(f) of the Alaska Native 
Claims Settlement Act, the offer and conveyance of Federal land to Cape 
Fox in the exchange shall be of the surface and subsurface estate. Such 
offer and conveyance shall be subject to valid existing rights and all 
provisions of section 14(g) of such Act.
    (f) Timing.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Agriculture shall attempt to enter into 
an agreement with Cape Fox to consummate the exchange consistent with 
this Act. The land identified in the exchange agreement shall be 
exchanged by conveyance at the earliest possible date after the 
exchange agreement is signed. Subject only to conveyance from Cape Fox 
to the United States of all its right, title, and interest in the Cape 
Fox land included in the exchange consistent with this Act, the 
Secretary of the Interior shall complete the interim conveyance to Cape 
Fox of the Federal land included in the exchange not later than 180 
days after the execution of the exchange agreement by Cape Fox and the 
Secretary of Agriculture.

SEC. 6. EXCHANGE OF LAND BETWEEN SEALASKA AND THE TONGASS NATIONAL 
              FOREST.

    (a) In General.--Upon conveyance of the Cape Fox land included in 
the exchange under section 5 and conveyance and relinquishment by 
Sealaska, in accordance with this Act, of the land and interests in 
land described in subsection (c), the Secretary of the Interior shall 
convey to Sealaska the Federal land identified for exchange under 
subsection (b).
    (b) Land To Be Exchanged to Sealaska.--
            (1) Selection area.--The land to be exchanged to Sealaska 
        is to be selected by Sealaska from Tongass National Forest land 
        comprising approximately 9,329 acres in T. 36 S., R. 62 E., 
        C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., 
        C.R.M., as designated upon a map entitled ``Proposed Sealaska 
        Corporation Land Exchange Kensington Lands Selection Area'', 
        dated April, 2002 and available for inspection in the Forest 
        Service Region 10 Regional Office in Juneau, Alaska.
            (2) Notice of land selection.--Not later than 60 days after 
        receiving notice of the identification by Cape Fox of the 
        exchange land under section 5(c), Sealaska may identify, in 
        writing to the Secretaries of Agriculture and the Interior, the 
        land that Sealaska selects to receive in exchange for the 
        Sealaska land described in subsection (c).
            (3) Conditions.--Land selected by Sealaska shall be in no 
        more than 2 contiguous and reasonably compact tracts that abut 
        the land described for exchange to Cape Fox in section 5(b). 
        The exchange conveyance to Sealaska shall be of the surface and 
        subsurface estate in the land selected and agreed to by the 
        Secretary but subject to valid existing rights and all other 
        provisions of section 14(g) of the Alaska Native Claims 
        Settlement Act.
            (4) Equal value.--The Secretary of Agriculture shall 
        determine whether the selected land is equal in value to the 
        land described in subsection (c) and may adjust the amount of 
        selected land in order to reach agreement with Sealaska 
        regarding equal value.
    (c) Land To Be Exchanged to the United States.--The land and 
interests therein to be exchanged by Sealaska is--
            (1) the subsurface estate underlying the Cape Fox exchange 
        land described in section 5(c);
            (2) an additional approximately 2,506 acres of the 
        subsurface estate underlying Tongass National Forest surface 
        estate, described in Interim Conveyance No. 1673; and
            (3) rights to an additional approximately 2,698 acres of 
        subsurface estate of Tongass National Forest land remaining to 
        be conveyed to Sealaska from Group 1, 2, and 3 land as set 
        forth in the Sealaska Corporation/United States Forest Service 
        Split Estate Exchange Agreement of November 26, 1991, at 
        Schedule B, as modified on January 20, 1995.
    (d) Timing.--The Secretary of Agriculture shall attempt, not later 
than 90 days after receipt of the selection of land by Sealaska under 
subsection (b), to enter into an agreement with Sealaska to consummate 
the exchange consistent with this Act. The land identified in the 
exchange agreement shall be exchanged by conveyance at the earliest 
possible date after the exchange agreement is executed. Subject only to 
the Cape Fox and Sealaska conveyances and relinquishments described in 
subsection (a), the Secretary of the Interior shall complete the 
interim conveyance to Sealaska of the Federal land selected for 
exchange not later than 180 days after execution of the agreement by 
Sealaska and the Secretary of Agriculture.
    (e) Modification of Agreement.--The executed exchange agreement 
under this section shall be considered a further modification of the 
Sealaska Corporation/United States Forest Service Split Estate Exchange 
Agreement, as ratified in section 17 of Public Law 102-415 (October 14, 
1992).

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Equal Value Requirement.--The exchanges described in this Act 
shall be of equal value. Cape Fox and Sealaska shall have the 
opportunity to present to the Secretary of Agriculture estimates of 
value of exchange land with supporting information.
    (b) Title.--Cape Fox and Sealaska shall convey and provide evidence 
of title satisfactory to the Secretary of Agriculture for their 
respective lands to be conveyed to the United States under this Act, 
subject only to exceptions, reservations, and encumbrances in the 
interim conveyance or patent from the United States or otherwise 
acceptable to the Secretary of Agriculture.
    (c) Hazardous Substances.--Cape Fox, Sealaska, and the United 
States each shall not be subject to liability for the presence of any 
hazardous substance in land or interests in land solely as a result of 
any conveyance or transfer of the land or interests therein under this 
Act.
    (d) Effect on ANCSA Selections.--Any conveyance of Federal surface 
or subsurface land to Cape Fox or Sealaska under this Act shall be 
considered, for all purposes, land conveyed pursuant to the Alaska 
Native Claims Settlement Act. Nothing in this Act shall be construed to 
change the total acreage of land entitlement of Cape Fox or Sealaska 
under the Alaska Native Claims Settlement Act. Cape Fox and Sealaska 
shall remain charged for any land they exchange under this Act and any 
land conveyed pursuant to section 4, but shall not be charged for any 
land received under sections 5 or 6. The exchanges described in this 
Act shall be considered, for all purposes, actions which lead to the 
issuance of conveyances to Native Corporations pursuant to the Alaska 
Native Claims Settlement Act. Land or interests therein transferred to 
the United States under this Act shall become and be administered as 
part of the Tongass National Forest.
    (e) Effect on Statehood Selections.--Land conveyed to or selected 
by the State of Alaska under the Alaska Statehood Act (Public Law 85-
508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for 
selection or conveyance under this Act without the consent of the State 
of Alaska.
    (f) Maps.--The maps referred to in this Act shall be maintained on 
file in the Forest Service Region 10 Regional Office in Juneau, Alaska. 
The acreages cited in this Act are approximate, and if there is any 
discrepancy between cited acreage and the land depicted on the 
specified maps, the maps shall control. The maps do not constitute an 
attempt by the United States to convey State or private land.
    (g) Easements.--Notwithstanding section 17(b) of the Alaska Native 
Claims Settlement Act, Federal land conveyed to Cape Fox or Sealaska 
pursuant to this Act shall be subject only to the reservation of public 
easements mutually agreed to and set forth in the exchange agreements 
executed under this Act. The easements shall include easements 
necessary for access across the land conveyed under this Act for use of 
national forest or other public land.
    (h) Old Growth Reserves.--The Secretary of Agriculture shall add an 
equal number of acres to old growth reserves on the Tongass National 
Forest as are transferred out of Federal ownership as a result of this 
Act.

 SEC. 8. AUTHORIZATION OF APPROPRIATION.

    (a) Department of Agriculture.--There are authorized to be 
appropriated to the Secretary of Agriculture such sums as may be 
necessary for--
            (1) value estimation and related costs of exchanging land 
        specified in this Act; and
            (2) road rehabilitation and habitat and timber stand 
        improvement (including thinning and pruning) on land acquired 
        by the United States under this Act.
    (b) Department of the Interior.--There are authorized to be 
appropriated to the Secretary of the Interior such sums as may be 
necessary for land surveys and conveyances pursuant to this Act.
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