[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1354 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1354

    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 SENATE OF THE UNITED STATES

                             June 26, 2003

 Ms. Murkowski (for herself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural 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 of 2003''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) Cape Fox Corporation (Cape Fox) is an Alaska Native 
        Village Corporation organized pursuant to the Alaska Native 
        Claims Settlement Act (ANCSA) (43 U.S.C. 1601 et seq.) for the 
        Native Village of Saxman.
            (2) As with other ANCSA village corporations in Southeast 
        Alaska, Cape Fox was limited to selecting 23,040 acres under 
        section 16 of ANCSA.
            (3) Except for Cape Fox, all other Southeast Alaska ANCSA 
        village corporations were restricted from selecting within two 
        miles of a home rule city.
            (4) To protect the watersheds in the vicinity of Ketchikan, 
        Cape Fox was restricted from selecting lands within six miles 
        from the boundary of the home rule City of Ketchikan under 
        section 22(1) of ANCSA (43 U.S.C. 1621(1)).
            (5) The six mile restriction damaged Cape Fox by precluding 
        the corporation from selecting valuable timber lands, 
        industrial sites, and other commercial property, not only in 
        its core township but in surrounding lands far removed from 
        Ketchikan and its watershed.
            (6) As a result of the 6 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 ANCSA (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 ANCSA 
        selection. Cape Fox is the only ANCSA village corporation 
        affected by this restriction.
            (8) Adjustment of Cape Fox's selections and conveyances of 
        land under ANCSA requires adjustment of Sealaska Corporation's 
        (Sealaska) selections and conveyances to avoid creation of 
        additional split estate between National Forest System surface 
        lands and Sealaska subsurface lands.
            (9) Sealaska is the Alaska native regional corporation for 
        Southeast Alaska, organized under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.).
            (10) 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 
        lands that encumber management of Tongass National Forest 
        surface lands.
            (11) The Tongass National Forest lands identified in this 
        Act for selection by and conveyance to Cape Fox and Sealaska, 
        subject to valid existing rights, provide a means to resolve 
        some of the Cape Fox and Sealaska ANCSA land entitlement issues 
        without significantly affecting Tongass National Forest 
        resources, uses or values.
            (12) Adjustment of Cape Fox's selections and conveyances of 
        land under ANCSA through the provisions of this Act, and the 
        related adjustment of Sealaska's selections and conveyances 
        hereunder, are in accordance with the purposes of ANCSA and 
        otherwise in the public interest.

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

    Notwithstanding the provisions of section 16(b) of ANCSA (43 U.S.C. 
1615(b)), Cape Fox shall not be required to select or receive 
conveyance of approximately 160 acres of Federal unconveyed lands 
within Section 1, T. 75 S., R. 91 E., C.R.M.

SEC. 4. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.

    (a) Selection and Conveyance of Surface Estate.--In addition to 
lands made available for selection under ANCSA, within 24 months after 
the date of enactment of this Act, Cape Fox may select, and, upon 
receiving written notice of such selection, the Secretary of the 
Interior shall convey approximately 99 acres of the surface estate of 
Tongass National Forest lands outside Cape Fox's current exterior 
selection boundary, specifically that parcel described as follows:
            (1) T. 73 S., R. 90 E., C.R.M.
            (2) Section 33: SW portion of SE\1/4\: 38 acres.
            (3) Section 33: NW portion of SE\1/4\: 13 acres.
            (4) Section 33: SE\1/4\ of SE\1/4\: 40 acres.
            (5) 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 lands identified in subsection (a), the 
Secretary of the Interior shall convey to Sealaska the subsurface 
estate to the lands.
    (c) Timing.--The Secretary of the Interior shall complete the 
interim conveyances to Cape Fox and Sealaska under this section within 
180 days after the Secretary of the Interior receives notice of the 
Cape Fox selection under subsection (a).

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

    (a) General.--The Secretary of Agriculture shall offer, and if 
accepted by Cape Fox, shall exchange the Federal lands described in 
subsection (b) for lands and interests therein identified by Cape Fox 
under subsection (c) and, to the extent necessary, lands and interests 
therein identified under subsection (d).
    (b) Lands To Be Exchanged to Cape Fox.--The lands to be offered for 
exchange by the Secretary of Agriculture are Tongass National Forest 
lands 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) Lands To Be Exchanged to the United States.--Cape Fox shall be 
entitled, within 60 days after the date of enactment of this Act, to 
identify in writing to the Secretaries of Agriculture and the Interior 
the lands and interests in lands that Cape Fox proposes to exchange for 
the Federal lands described in subsection (b). The lands and interests 
in lands shall be identified from lands 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. Lands identified for exchange within each parcel shall be 
contiguous to adjacent National Forest System lands and in reasonably 
compact tracts. The lands identified for exchange shall include a 
public trail easement designated as D on said map, unless the Secretary 
of Agriculture agrees otherwise. The value of the easement shall be 
included in determining the total value of lands exchanged to the 
United States.
    (d) Valuation of Exchange Lands.--The Secretary of Agriculture 
shall determine whether the lands identified by Cape Fox under 
subsection (c) are equal in value to the lands described in subsection 
(b). If the lands identified under subsection (c) are determined to 
have insufficient value to equal the value of the lands described in 
subsection (b), Cape Fox and the Secretary shall mutually identify 
additional Cape Fox lands for exchange sufficient to equalize the value 
of lands conveyed to Cape Fox. Such land shall be contiguous to 
adjacent National Forest System lands and in reasonably compact tracts.
    (e) Conditions.--The offer and conveyance of Federal lands to Cape 
Fox in the exchange shall, notwithstanding section 14(f) of ANCSA, be 
of the surface and subsurface estate, but subject to valid existing 
rights and all other provisions of section 14(g) of ANCSA.
    (f) Timing.--The Secretary of Agriculture shall attempt, within 90 
days after the date of enactment of this Act, to enter into an 
agreement with Cape Fox to consummate the exchange consistent with this 
Act. The lands 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 rights, title and interests in the Cape Fox 
lands included in the exchange consistent with this title, the 
Secretary of the Interior shall complete the interim conveyance to Cape 
Fox of the Federal lands included in the exchange within 180 days after 
the execution of the exchange agreement by Cape Fox and the Secretary 
of Agriculture.

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

    (a) General.--Upon conveyance of the Cape Fox lands included in the 
exchange under section 5 and conveyance and relinquishment by Sealaska 
in accordance with this title of the lands and interests in lands 
described in subsection (c), the Secretary of the Interior shall convey 
to Sealaska the Federal lands identified for exchange under subsection 
(b).
    (b) Lands To Be Exchanged to Sealaska.--The lands to be exchanged 
to Sealaska are to be selected by Sealaska from Tongass National Forest 
lands 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. Within 60 days after receiving notice of the 
identification by Cape Fox of the exchange lands under section 5(c), 
Sealaska shall be entitled to identify in writing to the Secretaries of 
Agriculture and the Interior the lands that Sealaska selects to receive 
in exchange for the Sealaska lands described in subsection (c). Lands 
selected by Sealaska shall be in no more than two contiguous and 
reasonably compact tracts that adjoin the lands described for exchange 
to Cape Fox in section 5(b). The Secretary of Agriculture shall 
determine whether these selected lands are equal in value to the lands 
described in subsection (c) and may adjust the amount of selected lands 
in order to reach agreement with Sealaska regarding equal value. The 
exchange conveyance to Sealaska shall be of the surface and subsurface 
estate in the lands selected and agreed to by the Secretary but subject 
to valid existing rights and all other provisions of section 14(g) of 
ANCSA.
    (c) Lands To Be Exchanged to the United States.--The lands and 
interests therein to be exchanged by Sealaska are the subsurface estate 
underlying the Cape Fox exchange lands described in section 5(c), an 
additional approximately 2,506 acres of the subsurface estate 
underlying Tongass National Forest surface estate, described in Interim 
Conveyance No. 1673, and rights to be additional approximately 2,698 
acres of subsurface estate of Tongass National Forest lands remaining 
to be conveyed to Sealaska from Group 1, 2 and 3 lands 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, within 90 
days after receipt of the selection of lands by Sealaska under 
subsection (b), to enter into an agreement with Sealaska to consummate 
the exchange consistent with this Act. The lands identified in the 
exchange agreement shall be exchanged by conveyance at the earliest 
possible date after the exchange agreement is signed. 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 lands selected for 
exchange within 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 lands 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 exchanged 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 under this Act.
    (d) Effect on ANCSA Selections.--Any conveyance of Federal surface 
or subsurface lands to Cape Fox or Sealaska under this Act shall be 
considered, for all purposes, land conveyed pursuant to ANCSA. Nothing 
in this Act shall be construed to change the total acreage of land 
entitlement of Cape Fox or Sealaska under ANCSA. Cape Fox and Sealaska 
shall remain charged for any lands they exchange under this Act and any 
lands conveyed pursuant to section 4, but shall not be charged for any 
lands received under section 5 or section 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 ANCSA. 
Lands 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.--Lands 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 ANCSA, Federal 
lands 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 lands 
conveyed under this Act for use of national forest or other public 
lands.
    (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 APPROPRIATIONS.

    (a) Department of Agriculture.--There are authorized to be 
appropriated to the Secretary of Agriculture such sums as may be 
necessary for value estimation and related costs of exchanging lands 
specified in this Act, and for road rehabilitation, habitat and timber 
stand improvement, including thinning and pruning, on lands 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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