Short title

This Act may be cited as the

Southeast Alaska Native Land Entitlement Finalization Act

Findings and purpose

(a)

Findings

Congress finds the following: (1)In 1971, Congress enacted the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) (referred to in this section as the Act or ANCSA) to recognize and settle the aboriginal claims of Alaska Natives to the lands that Alaska Natives had used since time immemorial for traditional, cultural, and spiritual purposes, and the Act declared that the land settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives . . .. (2)The Act awarded approximately $1,000,000,000 and 44,000,000 acres of land to Alaska Natives and provided for the establishment of Native Corporations to receive and manage such funds and land to meet cultural, social, and economic needs of the Native shareholders. (3)Under section 12 of ANCSA (43 U.S.C. 1611), each of the Regional Corporations, except Sealaska Corporation (Sealaska), received a share of land proportionate to the number of Native shareholders residing in its Region, in relation to the total number of Native shareholders, or proportionate to the relative size of the area to which it had an aboriginal land claim. (4)Sealaska, the Regional Corporation for Southeast Alaska, one of the Regional Corporations with the largest number of Native shareholders, with more than 21 percent of all original Native shareholders, did not receive land under section 12 of ANCSA. Sealaska did not receive land in proportion to its Native population base or in proportion to the size of the area to which it had an aboriginal land claim, in part because of a United States Court of Claims cash settlement to the Tlingit and Haida Indian Tribes in 1968 for lands previously taken to create the Tongass National Forest and Glacier Bay National Monument. (5)The Court of Claims cash settlement of $7,500,000 did not adequately compensate the Native people of Southeast Alaska for the significant amount of land and resources lost as a result of the creation of the National Forest and the National Monument or other losses of land and resources, and the small 1968 settlement did not warrant the significant disparate treatment under ANCSA. (6)While each of the other 11 Regional Corporations received significant amounts of land under section 12 and section 14 of ANCSA, Sealaska only received land under section 14(h) of the Act, which provided a 2,000,000 acre pool from which Native selections could be made for historic sites, cemetery sites, Urban Corporation land, Native group land, and Native Allotments; section 14(h)(8) provides that after selections are made under paragraphs 14(h)(1) through (7), whatever is remaining from the 2,000,000 acre pool shall be allocated on the basis of Native shareholder population to all of the Regional Corporations; in sum, Sealaska’s sole land entitlement derives from a proportion of leftover land remaining from the 2,000,000 acre pool, currently estimated at 1,200,000 acres. (7)Despite the small land base in comparison to all other Regional Corporations (less than 1 percent of the total of all ANCSA lands), the Native Regional Corporation for Southeast Alaska—Sealaska—has provided considerable benefits to its shareholders and has been a significant economic force in Southeast Alaska. (8)Pursuant to the revenue-sharing provisions contained in section 7(i) of ANCSA (43 U.S.C. 1606(i)), Sealaska has also distributed to the other Native Corporations throughout Alaska considerable revenues derived from its development of its natural resources—more than $300,000,000 between 1971 and 2005, which is 42 percent of the total revenues shared under section 7(i) during that time period, from less than 1 percent of total ANCSA lands. (9)As a result of its small land entitlement, it is critical that Sealaska complete its remaining land entitlement conveyances under the Act, in order to continue to meet the economic, social, and cultural needs of its Alaska Native shareholders of Southeast Alaska, and of the Native community throughout Alaska. (10)ANCSA’s conveyance requirements for Southeast Alaska limit the land eligible for conveyance to Sealaska to the original withdrawal areas surrounding 10 Alaska Native villages in Southeast Alaska, prohibiting Sealaska from selecting lands from withdrawal areas established for the Urban Corporations for Sitka and Juneau, Alaska, or from outside the 10 village withdrawal areas. Unlike other Regional Corporations, Sealaska did not have the right to request lands outside of the withdrawal areas if the withdrawal areas were insufficient to complete its ANCSA land entitlement. (11)Within the 10 village withdrawals that were created in ANCSA, 44 percent of the area, or 820,000 acres, is salt water and is, therefore, not available for selection. (12)Of Sealaska’s selection rights, 110,000 acres are encumbered by Gubernatorial Consent provisions added in subsequent amendments to the Act. (13)The United States Forest Service and the Bureau of Land Management grossly underestimated Sealaska’s land entitlement under ANCSA, resulting in an insufficient land pool from which Sealaska could select lands suitable for its traditional, cultural, or socioeconomic purposes, and to accomplish a settlement in conformity with the real economic and social needs of Natives, . . .. (43 U.S.C. 1601(b)). (14)In each of the 10 village withdrawal areas, there are factors that limit Sealaska’s ability to select sufficient land, and, in particular, economically viable land, to complete its entitlement— (A)in the Yakutat withdrawal, 46 percent of the area is salt water, 10 sections (6,400 acres) around the Situk Lake were restricted from selection and no consideration was given for this restriction, and 70,000 acres are subject to the Governor’s consent prior to selection, and Sealaska received no consideration for this consent restriction; (B)in the Hoonah withdrawal, 51 percent of the area is salt water; (C)in the Angoon withdrawal, 120,000 acres of the area is salt water and Sealaska received no consideration for the 1977 amendment to the Act prohibiting selection of lands from the 80,000 acres within the Angoon withdrawal included in the Admiralty Island National Monument; moreover, the Village Corporation for Angoon was allowed to select out-of-withdrawal lands on Prince of Wales Island in return for not selecting on Admiralty Island, but no alternative lands were made available for Sealaska to select next to the Village Corporation’s out-of-withdrawal land; (D)in the Kake withdrawal, 64 percent of the area is salt water and extensive United States Forest Service timber harvest occurred in the area prior to 1971 that significantly reduced the value of land available for selection by and conveyance to Sealaska; (E)in the Kasaan withdrawal, 54 percent of the area is salt water and the United States Forest Service previously harvested in the area; (F)in the Klawock withdrawal, the withdrawal area is only 5 townships, as compared to the usual 9 township withdrawal area, because of its proximity to the Village of Craig, which reduces the selection area by 92,160 acres, and combined with the Craig withdrawal, this area is 35 percent salt water; (G)in the Craig withdrawal, the withdrawal area is only 6 townships, as compared to the usual 9 township withdrawal area, because of its proximity to the Village of Klawock, which reduces the selection area by 69,120 acres, and combined with the Klawock withdrawal area, this area is 35 percent salt water; (H)in the Hydaburg withdrawal, 36 percent of the area is salt water and Sealaska received no consideration in the Haida Land Exchange Act of 1986 (Public Law No. 99–664, 100 Stat. 4303) for relinquishing selection rights to land within the withdrawal that Haida Corporation exchanged to the United States Forest Service; (I)in the Klukwan withdrawal, 27 percent of the area is salt water and the withdrawal area is only 70,000 acres, as compared to the usual 207,360 acres in a 9 township withdrawal area, which reduces the selection area by 137,360 acres; and (J)in the Saxman withdrawal, 29 percent of the area is salt water, Sealaska received no consideration for the 50,576 acres of land within this area that were excluded from selection around the First-Class City of Ketchikan, and Sealaska received no consideration for the 1977 amendment to the Act that required the Governor’s consent for selection of 58,000 acres in this area; moreover, 23,888 acres are within the Annette Island Indian Reservation for the Metlakatla Indian Tribe and, therefore, are not available for selection. (15)With the passage of time, it has become clear that the selection limitations and guidelines in ANCSA, as they relate to Sealaska, are inequitable and inconsistent with the intent of ANCSA because there is insufficient land remaining in the withdrawal areas to meet the traditional, cultural, or socioeconomic needs of the shareholders of the Regional Corporation for Southeast Alaska. (16)The selection limitations also make it difficult for the Regional Corporation for Southeast Alaska to use a portion of its remaining ANCSA land entitlement to select places of sacred, cultural, traditional, and historic significance, and enterprise sites located outside of the withdrawal areas. (17)While section 14(h)(1) of ANCSA allowed Sealaska to select cemetery sites and historic places outside of the ANCSA withdrawals, the selection applications had to be submitted by July 1, 1976. At that time, the Bureau of Land Management informed Sealaska that its total entitlement would be around 200,000 acres, so Sealaska made entitlement allocation decisions for cultural sites and economic development sites based on those estimates. It is now clear that Sealaska will receive pursuant to ANCSA significantly more than 200,000 acres; therefore, Sealaska would like to allocate more of its entitlement to the acquisition of places of sacred, cultural, traditional, and historic significance. (18)The cemetery sites and historic places that have been conveyed to Sealaska through section 14(h)(1) are subject to a restrictive covenant—not required by law—that does not allow any type of management or use if it would in any way alter the historic nature of the site, even for cultural education or research purposes; Forest Service-owned historic sites are not subject to the same limitations. These restrictions hinder Sealaska’s ability to use these sites for cultural, educational, or research purposes, for Natives and non-Natives alike. (19)Unless it is allowed to select land outside of the designated withdrawal areas in Southeast Alaska, Sealaska will not be able to complete its entitlement; secure ownership of places of sacred, cultural, traditional, and historic importance; maintain its existing resource development and management operations; or provide continued economic opportunities for the Native people of Southeast Alaska. (20)In order to actualize its cultural preservation goals, while also diversifying its economic opportunities, Sealaska should receive its sacred, cultural, traditional, and historic sites, and other places of traditional cultural significance, including traditional and customary trade and migration routes, that will facilitate the perpetuation and preservation of Alaska Native culture and history, as well as Native enterprise sites that will facilitate appropriate tourism and outdoor recreation enterprises. (21)If Sealaska’s resource development operations cease on those lands appropriate for such development, there will be a significant negative impact on the Southeast Alaska Native shareholders, the cultural preservation activities of Sealaska, the economy of Southeast Alaska, and the broader Alaska Native community that benefits from the revenue-sharing requirements under ANCSA. (22)Upon completion of the conveyance of lands to Sealaska pursuant to ANCSA, as amended by this Act, the following would occur: (A)The United States Government would complete and finalize the ANCSA land entitlement owed to the Regional Corporation for Southeast Alaska. (B)The encumbrances on 327,000 acres of Federal lands, created by the withdrawal of lands for selection by Native Corporations in Southeast Alaska, would be removed, thereby facilitating thorough and complete planning and efficient management related to national forest lands in Southeast Alaska by the United States Forest Service. (b)

Purpose

The purpose of this Act is to redress the inequitable treatment of the Regional Corporation for Southeast Alaska by allowing Sealaska to select its remaining land entitlement under section 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613) from designated Federal land in Southeast Alaska outside of the 10 Southeast Alaska village withdrawal areas, and through additional related provisions.

Out-of-withdrawal selections in southeast alaska

(a)

In general

Notwithstanding the limitations set forth in section 14(h)(8)(B) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)(B)), Sealaska is authorized to select and receive conveyance of its remaining Alaska Native Claims Settlement Act land entitlement from Federal lands in Southeast Alaska from each of the categories listed in subsection (b). (b)

Categories

The categories referred to in subsection (a) are as follows: (1)Economic development land from within the pool of lands identified on the map entitled Sealaska ANCSA Land Entitlement Rationalization Pool, dated May 17, 2007, and labeled Attachment A. (2)Sites with sacred, cultural, traditional, or historic significance, including traditional and customary trade and migration routes, archeological sites, cultural landscapes, and natural features having cultural significance, provided that: (A)No more than 2,400 acres shall be selected for this purpose, from within the lands identified on the maps titled as follows: (i)Places of Sacred, Cultural, Traditional and Historic Significance, dated May 17, 2007, and labeled Attachment B. (ii)Traditional and Customary Trade and Migration Routes, dated May 17, 2007, and labeled Attachment C, which includes identification of the following: (I)

Yakutat to dry bay trade and migration route

A conveyance of land 25 feet in width, together with 1-acre sites at each terminus and at 8 locations along the route. The route, location, and boundaries of the conveyance are described on the map entitled Yakutat to Dry Bay Trade and Migration Route, dated May 17, 2007, and labeled Attachment C. (II)

Bay of pillars to port camden trade and migration route

A conveyance of land 25 feet in width, together with 1-acre sites at each terminus. The route, location, and boundaries of the conveyance are described on the map entitled Bay of Pillars to Port Camden Trade and Migration Route, dated May 17, 2007, and labeled Attachment C. (III)

Portage bay to duncan canal trade and migration route

A conveyance of land 25 feet in width, together with 1-acre sites at each terminus. The route, location, and boundaries of the conveyance are described on the map entitled Portage Bay to Duncan Canal Trade and Migration Route, dated May 17, 2007, and labeled Attachment C. (B)An additional 1,200 acres may be used by Sealaska to acquire places of sacred, cultural, traditional and historic significance, archeological sites, traditional, and customary trade and migration routes, and other sites with scientific value that further the understanding of Native culture and heritage, that have not yet been discovered, identified, or adequately documented for their cultural significance. (3)Native enterprise sites with traditional and recreational use value, as identified on the map titled Native Enterprise Sites, dated May 17, 2007, and labeled Attachment D, provided that no more than 5,000 acres shall be selected for this purpose.

Conveyances to sealaska

(a)

Timeline for conveyance

The Secretary of the Interior shall, within 180 days of selection by Sealaska of any land described in section 3, complete the conveyance of such land to Sealaska. (b)

Expiration of withdrawals

Upon the exhaustion of Sealaska’s remaining land entitlement under ANCSA and the completion of the conveyances of land selected by Sealaska pursuant to this Act, the original Southeast Alaska withdrawals shall expire and the lands within the withdrawals that are not conveyed to a Southeast Alaska Regional or Village Corporation shall be returned to the unencumbered management of the United States Forest Service as a part of the Tongass National Forest. (c)

Limitation

Sealaska shall not select or receive conveyance of lands pursuant to sections 3(b)(1) and (3) from within any Conservation System Unit, federally designated Wilderness areas, or Land Use Designation I or II Areas. (d)

Certain restrictions not applicable

Conveyance to Sealaska of lands pursuant to section 3(b)(1) of this Act shall not be subject to any additional restrictive covenant, encumbrance, or easement except those authorized by sections 14(g) and 17(b) of ANCSA. (e)

Conditions on sacred, cultural, or historic site land

Conveyance to Sealaska of lands pursuant to section 3(b)(2)— (1)shall be subject to a covenant prohibiting any commercial timber harvest; (2)shall not be subject to any additional restrictive covenant based on cultural or historic values, or any other restriction, encumbrance, or easement except those authorized by sections 14(g) and 17(b) of ANCSA; and (3)shall allow the use of the property as described in subsection (f) of this section. (f)

Uses of sacred, cultural, or historic land

The uses authorized for the sacred, cultural, traditional, and historic sites and trade and migration routes conveyed pursuant to subsection 3(b)(2) shall include— (1)historic, cultural, and anthropologic research and education; (2)historic and cultural recreational tourism, including hiking and nonmotorized travel along traditional trade and migration routes; (3)camping, hiking, and other trail and waterway access uses; (4)unless expressly prohibited by the Tongass National Forest Land and Resources Management Plan (Tongass Plan), provisions applicable to the management area occupied by the section 3(b)(2) parcels upon the date of enactment of this Act, guiding and other commercial visitor services (with the exception of guiding for sport hunting), and trail improvements for nonmotorized use; and (5)site improvement for such purposes. (g)

Restrictive covenants

Any restrictive covenants regarding cultural or historic values that are contained in existing historic and cemetery site interim conveyances and patents issued to Sealaska pursuant to existing regulations, found at sections 2653.3 and 2653.11 of title 43, Code of Federal Regulations, related to ANCSA section 14(h)(1) conveyances shall terminate upon enactment of this Act. Sealaska shall be responsible for recording with the State land title recorders office the changes to its 14(h)(1) conveyances as a result of this Act. (h)

Conditions on native enterprise land

Conveyance to Sealaska of lands pursuant to section 3(b)(3)— (1)shall be subject to a covenant prohibiting any commercial timber harvest; and (2)shall not be subject to any additional restrictive covenant, encumbrance, or easement except those authorized by sections 14(g) and 17(b) of ANCSA. (i)

Access and use right

The conveyance to Sealaska for each site selected pursuant to section 3(b)(3) shall include a nonexclusive access and use right, described as follows: (1)Sealaska shall have a right of access from the site to all national forest lands within 15 miles perpendicular linear distance from the site exterior boundary, and a right of use on all such lands, for educational and outdoor recreational activities that are consistent with the Tongass Plan provisions applicable to such lands upon the date of enactment of this Act. (2)Unless expressly prohibited by the Tongass Plan provisions applicable to such lands upon the date of enactment of this Act, the authorized access and use rights shall include guiding and other commercial visitor services (with the exception of guiding for sport hunting), and trail improvements for nonmotorized use. (3)Sealaska shall exercise its access and use rights in consultation with the Forest Service. (4)The Forest Service shall consult with Sealaska regarding any actions that it will take on those national forest lands subject to the access and use rights of Sealaska.

Miscellaneous provisions

(a)

Status of conveyed lands

Conveyance of Federal lands to Sealaska under this Act shall be considered, for all purposes, land conveyed pursuant to ANCSA. The actions described in this Act shall be considered, for all purposes, actions which lead to the issuance of conveyances to a Native Corporation pursuant to ANCSA. (b)

No material effect on forest plan

Implementation of this Act, including conveyance of lands to Sealaska, shall not require an amendment or revision of the Tongass Plan. (c)

Technical amendment to the national historic preservation act

The definition of Tribal Lands in section 301(14) of Public Law 89–665, (80 Stat. 915) is amended— (1)in subparagraph (A), by striking and, at the end; (2)subparagraph (B), by striking the period at the end and inserting ; and; and (3)by adding at the end the following new subparagraph:

(C)(i)land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (ii)Nothing in this section shall be construed to validate or invalidate or in any way affect any assertion that Indian country (as defined by 18 U.S.C. 1151 or any other authority) exists or does not exist within the boundaries of the State of Alaska.

(d)

Technical amendment to the tribal forest protection act

Section 2(a)(2) of Public Law 108–278 (118 Stat. 868), is amended— (1)in subparagraph (A), by inserting , or land conveyed to an Alaska Native Corporation pursuant to the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et seq.) before the semicolon; (2)in subparagraph (B)(ii), by striking the period at the end and inserting ; or; and (3)subparagraph (B), by adding at the end the following new subclause:

(III)is land owned by an Alaska Native Corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is forest land or formerly had a forest cover or vegetative cover that is capable of restoration.

Maps

The maps referred to in this Act shall be maintained on file in the Office of the Chief, United States Forest Service, within the United States Department of Agriculture, and in the Office of the Secretary of the Interior, Washington, DC. Correction of clerical and typographical errors in such maps may be made. The maps do not constitute an attempt by the United States to convey State or private land.

Authorizations of appropriations

There is authorized to be appropriated such sums as shall be necessary to carry out this Act and the amendments made by this Act.