1.This Act may be cited as
the Southeast Alaska Native Land
Entitlement Finalization Act
.
2.
(a)Congress
finds that—
(1)(A)in 1971, Congress
enacted the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to
recognize and settle the aboriginal claims of Alaska Natives to land
historically used by Alaska Natives for traditional, cultural, and spiritual
purposes; and
(B)that 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 Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)—
(A)authorized the
distribution of approximately $1,000,000,000 and 44,000,000 acres of land to
Alaska Natives; and
(B)provided for the
establishment of Native Corporations to receive and manage the funds and that
land to meet the cultural, social, and economic needs of Native
shareholders;
(3)under section 12
of the Alaska Native Claims Settlement Act (43 U.S.C. 1611), each Regional
Corporation, other than Sealaska Corporation (the Regional Corporation for
southeast Alaska) (referred to in this Act as Sealaska), was
authorized to receive a share of land based on the proportion that the number
of Alaska Native shareholders residing in the region of the Regional
Corporation bore to the total number of Alaska Native shareholders, or the
relative size of the area to which the Regional Corporation had an aboriginal
land claim bore to the size of the area to which all Regional Corporations had
aboriginal land claims;
(4)(A)Sealaska, the Regional
Corporation for Southeast Alaska, 1 of the Regional Corporations with the
largest number of Alaska Native shareholders, with more than 21 percent of all
original Alaska Native shareholders, did not receive land under section 12 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611);
(B)the Tlingit and Haida Indian Tribes of
Alaska was 1 of the entities representing the Alaska Natives of southeast
Alaska before the date of enactment of the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.); and
(C)Sealaska did not receive land in
proportion to the number of Alaska Native shareholders, or in proportion to the
size of the area to which Sealaska had an aboriginal land claim, in part
because of a United States Court of Claims cash settlement to the Tlingit and
Haida Indian Tribes of Alaska in 1968 for land 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—
(A)adequately
compensate the Alaska Natives of southeast Alaska for the significant quantity
of land and resources lost as a result of the creation of the Tongass National
Forest and Glacier Bay National Monument or other losses of land and resources;
or
(B)justify the
significant disparate treatment of Sealaska under the Alaska Native Claims
Settlement Act (43 U.S.C. 1611);
(6)(A)while each other
Regional Corporation received a significant quantity of land under sections 12
and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
Sealaska only received land under section 14(h) of that Act (43 U.S.C.
1613(h)), which provided a 2,000,000-acre land pool from which Alaska Native
selections could be made for historic sites, cemetery sites, Urban Corporation
land, Native group land, and Native Allotments;
(B)under section 14(h)(8) of that Act (43
U.S.C. 1613(h)(8)), after selections are made under paragraphs (1) through (7)
of that section, the land remaining in the 2,000,000-acre land pool is
allocated based on the proportion that the original Alaska Native shareholder
population of a Regional Corporation bore to the original Alaska Native
shareholder population of all Regional Corporations; and
(C)the only land entitlement of Sealaska
derives from a proportion of leftover land remaining from the 2,000,000-acre
land pool, estimated as of the date of enactment of this Act at approximately
1,700,000 acres;
(7)despite the small
land base of Sealaska as compared to other Regional Corporations (less than 1
percent of the total quantity of land allocated pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)), Sealaska has—
(A)provided
considerable benefits to shareholders; and
(B)been a
significant economic force in southeast Alaska;
(8)pursuant to the
revenue sharing provisions of section 7(i) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(i)), Sealaska has distributed more than
$300,000,000 during the period beginning on January 1, 1971, and ending on
December 31, 2005, to Native Corporations throughout the State of Alaska from
the development of natural resources, which accounts for 42 percent of the
total revenues shared under that section during that period;
(9)as a result of
the small land entitlement of Sealaska, it is critical that the remaining land
entitlement conveyances to Sealaska under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) are fulfilled to continue to meet the economic,
social, and cultural needs of the Alaska Native shareholders of southeast
Alaska and the Alaska Native community throughout Alaska;
(10)(A)the conveyance
requirements of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) for southeast Alaska limit the land eligible for conveyance to Sealaska
to the original withdrawal areas surrounding 10 Alaska Native villages in
southeast Alaska, which precludes Sealaska from selecting land located—
(i)in any withdrawal area established
for the Urban Corporations for Sitka and Juneau, Alaska; or
(ii)outside the 10 Alaska Native
village withdrawal areas; and
(B)unlike other Regional Corporations,
Sealaska was not authorized to request land located outside the withdrawal
areas described in subparagraph (A) if the withdrawal areas were insufficient
to complete the land entitlement of Sealaska under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.);
(11)44 percent
(820,000 acres) of the 10 Alaska Native village withdrawal areas established
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
described in paragraph (10) are composed of salt water and not available for
selection;
(12)of land subject
to the selection rights of Sealaska, 110,000 acres are encumbered by
gubernatorial consent requirements under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.);
(13)the Forest
Service and the Bureau of Land Management grossly underestimated the land
entitlement of Sealaska under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), resulting in an insufficient area from which Sealaska
could select land suitable for traditional, cultural, and socioeconomic
purposes to accomplish a settlement in conformity with the real economic
and social needs of Natives
, as required under that Act;
(14)the 10 Alaska
Native village withdrawal areas in southeast Alaska surround the Alaska Native
communities of Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, Hydaburg,
Klukwan, and Saxman;
(15)in each
withdrawal area, there exist factors that limit the ability of Sealaska to
select sufficient land, and, in particular, economically viable land, to
fulfill the land entitlement of Sealaska, including factors such as—
(A)with respect to
the Yakutat withdrawal area—
(i)46
percent of the area is salt water;
(ii)10
sections (6,400 acres) around the Situk Lake were restricted from selection,
with no consideration provided for the restriction; and
(iii)(I)70,000 acres are
subject to a gubernatorial consent requirement before selection; and
(II)Sealaska received no consideration with
respect to the consent restriction;
(B)with respect to
the Hoonah withdrawal area, 51 percent of the area is salt water;
(C)with respect to
the Angoon withdrawal area—
(i)120,000 acres of
the area is salt water;
(ii)Sealaska
received no consideration regarding the prohibition on selecting land from the
80,000 acres located within the Admiralty Island National Monument; and
(iii)(I)the Village Corporation
for Angoon was allowed to select land located outside the withdrawal area on
Prince of Wales Island, subject to the condition that the Village Corporation
shall not select land located on Admiralty Island; but
(II)no alternative land adjacent to the
out-of-withdrawal land of the Village Corporation was made available for
selection by Sealaska;
(D)with respect to
the Kake withdrawal area—
(i)64
percent of the area is salt water; and
(ii)extensive timber
harvesting by the Forest Service occurred in the area before 1971 that
significantly reduced the value of land available for selection by, and
conveyance to, Sealaska;
(E)with respect to
the Kasaan withdrawal area—
(i)54
percent of the area is salt water; and
(ii)the Forest
Service previously harvested in the area;
(F)with respect to
the Klawock withdrawal area—
(i)the
area consists of only 5 townships, as compared to the usual withdrawal area of
9 townships, because of the proximity of the Klawock withdrawal area to the
Village of Craig, which reduces the selection area by 92,160 acres; and
(ii)the Klawock and
Craig withdrawal areas are 35 percent salt water;
(G)with respect to
the Craig withdrawal area, the withdrawal area consists of only 6 townships, as
compared to the usual withdrawal area of 9 townships, because of the proximity
of the Craig withdrawal area to the Village of Klawock, which reduces the
selection area by 69,120 acres;
(H)with respect to
the Hydaburg withdrawal area—
(i)36
percent of the area is salt water; and
(ii)Sealaska
received no consideration under the Haida Land Exchange Act of 1986 (Public Law
No. 99–664; 100 Stat. 4303) for relinquishing selection rights to land within
the withdrawal area that the Haida Corporation exchanged to the Forest
Service;
(I)with respect to
the Klukwan withdrawal area—
(i)27
percent of the area is salt water; and
(ii)the withdrawal
area is only 70,000 acres, as compared to the usual withdrawal area of 207,360
acres, which reduces the selection area by 137,360 acres; and
(J)with respect to
the Saxman withdrawal area—
(i)29
percent of the area is salt water;
(ii)Sealaska
received no consideration for the 50,576 acres within the withdrawal area
adjacent to the first-class city of Ketchikan that were excluded from
selection;
(iii)Sealaska
received no consideration with respect to the 1977 amendment to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) requiring gubernatorial
consent for selection of 58,000 acres in that area; and
(iv)23,888 acres are
located within the Annette Island Indian Reservation for the Metlakatla Indian
Tribe and are not available for selection;
(16)the selection
limitations and guidelines applicable to Sealaska under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)—
(A)are inequitable
and inconsistent with the purposes of that Act because there is insufficient
land remaining in the withdrawal areas to meet the traditional, cultural, and
socioeconomic needs of the shareholders of Sealaska; and
(B)make it difficult
for Sealaska to select—
(i)places of sacred,
cultural, traditional, and historical significance; and
(ii)Alaska Native
futures sites located outside the withdrawal areas of Sealaska;
(17)(A)the deadline for
applications for selection of cemetery sites and historic places on land
outside withdrawal areas established under section 14 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613) was July 1, 1976;
(B)(i)as of that date, the
Bureau of Land Management notified Sealaska that the total entitlement of
Sealaska would be approximately 200,000 acres; and
(ii)Sealaska made entitlement allocation
decisions for cultural sites and economic development sites based on that
original estimate;
(C)as a result of the Alaska Land
Transfer Acceleration Act (Public Law 108–452; 118 Stat. 3575) and subsequent
related determinations and actions of the Bureau of Land Management, Sealaska
will receive significantly more than 200,000 acres pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(D)Sealaska would prefer to allocate more
of the entitlement of Sealaska to the acquisition of places of sacred,
cultural, traditional, and historical significance; and
(E)(i)pursuant to section
11(a)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1610(a)(1)),
Sealaska was not authorized to select under section 14(h)(1) of that Act (43
U.S.C. 1613(h)(1)) any site within Glacier Bay National Park, despite the
abundance of cultural sites within that Park; and
(ii)Sealaska seeks cooperative agreements
to ensure that sites within Glacier Bay National Park are subject to
cooperative management by Sealaska, Village and Urban Corporations, and
federally recognized tribes with ties to the cultural sites and history of the
Park;
(18)(A)the cemetery sites and
historic places conveyed to Sealaska pursuant to section 14(h)(1) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) are subject to a
restrictive covenant not required by law that does not allow any type of
management or use that would in any way alter the historic nature of a site,
even for cultural education or research purposes;
(B)historic sites managed by the Forest
Service are not subject to the limitations referred to in subparagraph (A);
and
(C)those limitations hinder the ability
of Sealaska to use the sites for cultural, educational, or research purposes
for Alaska Natives and others;
(19)unless Sealaska
is allowed to select land outside designated withdrawal areas in southeast
Alaska, Sealaska will not be able—
(A)to complete the
land entitlement selections of Sealaska under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.);
(B)to secure
ownership of places of sacred, cultural, traditional, and historical importance
to the Alaska Natives of Southeast Alaska;
(C)to maintain the
existing resource development and management operations of Sealaska; or
(D)to provide
continued economic opportunities for Alaska Natives in southeast Alaska;
(20)in order to
realize cultural preservation goals while also diversifying economic
opportunities, Sealaska should be authorized to select and receive conveyance
of—
(A)sacred, cultural,
traditional, and historic sites and other places of traditional cultural
significance, including traditional and customary trade and migration routes,
to facilitate the perpetuation and preservation of Alaska Native culture and
history; and
(B)Alaska Native
future sites to facilitate appropriate tourism and outdoor recreation
enterprises;
(21)Sealaska has
played, and is expected to continue to play, a significant role in the health
of the Southeast Alaska economy;
(22)(A)the rate of
unemployment in Southeast Alaska exceeds the statewide rate of unemployment on
a non-seasonally adjusted basis; and
(B)in January 2008, the Alaska Department
of Labor and Workforce Development reported the unemployment rate for the
Prince of Wales—Outer Ketchikan census area at 20 percent;
(23)many Southeast
Alaska communities—
(A)are dependent on
high-cost diesel fuel for the generation of energy; and
(B)desire to
diversify their energy supplies with wood biomass alternative fuel and other
renewable and alternative fuel sources;
(24)if the resource
development operations of Sealaska cease on land appropriate for those
operations, there will be a significant negative impact on—
(A)southeast Alaska
Native shareholders;
(B)the cultural
preservation activities of Sealaska;
(C)the economy of
southeast Alaska; and
(D)the Alaska Native
community that benefits from the revenue-sharing requirements under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and
(25)on completion of
the conveyances of land to Sealaska to fulfill the full land entitlement of
Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), the encumbrances on 327,000 acres of Federal land created by the
withdrawal of land for selection by Native Corporations in southeast Alaska
would be removed, which will facilitate thorough and complete planning and
efficient management relating to national forest land in southeast Alaska by
the Forest Service.
(b)The
purpose of this Act is to address the inequitable treatment of Sealaska by
allowing Sealaska to select the remaining land entitlement of Sealaska under
section 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613) from
designated Federal land in southeast Alaska located outside the 10 southeast
Alaska Native village withdrawal areas.
3.Selections in
southeast Alaska
(a)
(1)Notwithstanding 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 the remaining land entitlement of Sealaska
under that Act (43 U.S.C. 1601 et seq.) from Federal land located in southeast
Alaska from each category described in subsection (b).
(2)The National Park Service is authorized to enter into a
cooperative management agreement described in subsection (c)(2) for the
purpose, in part, of recognizing and perpetuating the values of the National
Park Service, including those values associated with the Tlingit homeland and
culture, wilderness, and ecological preservation.
(b)The
categories referred to in subsection (a) are the following:
(1)Economic
development land from the area of land identified on the map entitled
Sealaska ANCSA Land Entitlement Rationalization Pool
, dated
March 6, 2008, 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, subject to the
condition that—
(A)not more than
2,400 acres shall be selected for this purpose, from land identified on—
(i)the
map entitled Places of Sacred, Cultural, Traditional and Historic
Significance
, dated March 6, 2008, and labeled Attachment
B
; and
(ii)the map entitled
Traditional and Customary Trade and Migration Routes
, dated
March 6, 2008, and labeled Attachment C
, which includes an
identification of—
(I)a conveyance of
land 25 feet in width, together with 1-acre sites at each terminus and at 8
locations along the route, with the route, location, and boundaries of the
conveyance described on the map inset entitled Yakutat to Dry Bay Trade
and Migration Route
, dated March 6, 2008, and labeled Attachment
C
;
(II)a conveyance of
land 25 feet in width, together with 1-acre sites at each terminus, with the
route, location, and boundaries of the conveyance described on the map inset
entitled Bay of Pillars to Port Camden Trade and Migration
Route
, dated March 6, 2008, and labeled Attachment C
;
and
(III)a conveyance of
land 25 feet in width, together with 1-acre sites at each terminus, with the
route, location, and boundaries of the conveyance described on the map inset
entitled Portage Bay to Duncan Canal Trade and Migration Route,
dated March 6, 2008, and labeled Attachment C
; and
(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 advance the understanding and protection of Alaska Native culture and
heritage that—
(i)as
of the date of enactment of this Act, are not fully identified or adequately
documented for cultural significance; and
(ii)are located
outside of a unit of the National Park Service.
(3)Alaska Native
futures sites with traditional and recreational use value, as identified on the
map entitled Native Futures Sites
, dated March 6, 2008, and
labeled Attachment D
, subject to the condition that not more
than 5,000 acres shall be selected for those purposes.
(c)Sites in
conservation
system units
(1)No site
with sacred, cultural, traditional, or historic significance that is identified
in the document labeled Attachment B
and located within a unit
of the National Park System shall be conveyed to Sealaska pursuant to this
Act.
(2)
(A)The Director of the National Park Service shall offer to
enter into a cooperative management agreement with Sealaska, other Village
Corporations and Urban Corporations, and federally recognized Indian tribes
with cultural and historical ties to Glacier Bay National Park, in accordance
with the requirements of subparagraph (B).
(B)A
cooperative agreement under this paragraph shall—
(i)recognize the
contributions of the Alaska Natives of Southeast Alaska to the history,
culture, and ecology of Glacier Bay National Park and the surrounding
area;
(ii)ensure that the
resources within the Park are protected and enhanced by cooperative activities
and partnerships among federally recognized Indian tribes, Village Corporations
and Urban Corporations, Sealaska, and the National Park Service;
(iii)provide
opportunities for a richer visitor experience at the Park through direct
interactions between visitors and Alaska Natives, including guided tours,
interpretation, and the establishment of culturally relevant visitor sites;
and
(iv)provide
appropriate opportunities for ecologically sustainable visitor-related
education and cultural interpretation within the Park—
(I)in a manner that
is not in derogation of the purposes and values of the Park (including those
values associated with the Park as a Tlingit homeland); and
(II)for wilderness
and ecological preservation.
(C)Not
later than 2 years after the date of enactment of this Act, the Director of the
National Park Service shall submit to Congress a report describing each
activity for cooperative management of each site described in subparagraph (A)
carried out under a cooperative agreement under this paragraph.
4.
(a)
(1)Not later than 1 year after the date of selection of land
by Sealaska under paragraphs (1) and (3) of section 3(b), the Secretary of the
Interior (referred to in this Act as the Secretary) shall complete
the conveyance of the land to Sealaska.
(2)Not later than 2 years after the date of selection of land
by Sealaska under section 3(b)(2), the Secretary shall complete the conveyance
of the land to Sealaska.
(b)Expiration of
withdrawalsOn completion of the selection by Sealaska and the
conveyances to Sealaska of land under subsection (a) in a manner that is
sufficient to fulfill the land entitlement of Sealaska under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)—
(1)the original
withdrawal areas set aside for selection by Native Corporations in Southeast
Alaska under that Act (as in effect on the day before the date of enactment of
this Act) shall be rescinded; and
(2)land located
within a withdrawal area that is not conveyed to a southeast Alaska Regional
Corporation or Village Corporation shall be returned to the unencumbered
management of the Forest Service as a part of the Tongass National
Forest.
(c)Sealaska
shall not select or receive under this Act any conveyance of land pursuant to
paragraph (1) or (3) of section 3(b) located within—
(1)any conservation
system unit;
(2)any federally
designated wilderness area; or
(3)any land use
designation I or II area.
(d)Applicable
easements and public access
(1)The conveyance to Sealaska of land pursuant to section
3(b)(1) that is located outside a withdrawal area designated under section
16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be
subject to—
(A)a reservation for
easements for public access on the public roads depicted on the document
labeled Attachment E
and dated March 6, 2008;
(B)a reservation for
easements along the temporary roads designated by the Forest Service as of the
date of enactment of this Act for the public access trails depicted on the
document labeled Attachment E
and dated March 6, 2008;
(C)any valid
preexisting right reserved pursuant to section 14(g) or 17(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613(g), 1616(b)); and
(D)(i)the right of
noncommercial public access for subsistence uses, consistent with title VIII of
the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
and recreational access without liability to Sealaska; and
(ii)the right of Sealaska to regulate
access for public safety, cultural, or scientific purposes, environmental
protection, and uses incompatible with natural resource development, subject to
the condition that Sealaska shall post on any applicable property, in
accordance with State law, notices of any such condition.
(2)No
right of access provided to any individual or entity (other than Sealaska) by
this subsection—
(A)creates any
interest of such an individual or entity in the land conveyed to Sealaska in
excess of that right of access; or
(B)provides standing
in any review of, or challenge to, any determination by Sealaska regarding the
management or development of the applicable land.
(e)Conditions on
sacred, cultural, and historic sitesThe conveyance to Sealaska
of land selected pursuant to section 3(b)(2)—
(1)shall be subject
to a covenant prohibiting any commercial timber harvest or mineral development
on the land;
(2)shall not be
subject to any additional restrictive covenant based on cultural or historic
values, or any other restriction, encumbrance, or easement, except as provided
in sections 14(g) and 17(b) of the Alaska Native Claims Settlement Act (43
U.S.C. 1613(g), 1616(b)); and
(3)shall allow use
of the land as described in subsection (f).
(f)Uses of sacred,
cultural, traditional, and historic sitesAny sacred, cultural,
traditional, or historic site or trade or migration route conveyed pursuant to
this Act may be used for—
(1)preservation of
cultural knowledge and traditions associated with such a site;
(2)historical,
cultural, and scientific research and education;
(3)public
interpretation and education regarding the cultural significance of those sites
to Alaska Natives;
(4)protection and
management of the site to preserve the natural and cultural features of the
site, including cultural traditions, values, songs, stories, names, crests, and
clan usage, for the benefit of future generations; and
(5)site improvement
activities for any purpose described in paragraphs (1) through (4), subject to
the condition that the activities are consistent with the sacred, cultural,
traditional, or historic nature of the site.
(g)Termination of
restrictive covenants
(1)Each restrictive covenant regarding cultural or
historical values with respect to any interim conveyance or patent for a
historic or cemetery site issued to Sealaska pursuant to the regulations
contained in sections 2653.3 and 2653.11 of title 43, Code of Federal
Regulations (as in effect on the date of enactment of this Act), in accordance
with section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)), terminates on the date of enactment of this Act.
(2)Land subject to a covenant described in paragraph (1)
on the day before the date of enactment of this Act shall be subject to the
conditions described in subsection (e).
(3)Sealaska
shall be responsible for recording with the land title recorders office of the
State of Alaska any modification to an existing conveyance of land under
section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(1)) as a result of this Act.
(h)Conditions on
Alaska Native futures landEach conveyance of land to Sealaska
selected under section 3(b)(3) shall be subject only to—
(1)a covenant
prohibiting any commercial timber harvest or mineral development; and
(2)the restrictive
covenants, encumbrances, or easements under sections 14(g) and 17(b) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(g), 1616(b)).
5.
(a)Each conveyance of Federal land to Sealaska
pursuant to this Act, and each action carried out to achieve the purpose of
this Act, shall be considered to be conveyed or acted on, as applicable,
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
(b)Environmental
mitigation and incentivesNotwithstanding subsection (e) and (h)
of section 4, all land conveyed to Sealaska pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) and this Act shall be considered
to be qualified to receive or participate in, as applicable—
(1)any federally
authorized carbon sequestration program, ecological services program, or
environmental mitigation credit; and
(2)any other
federally authorized environmental incentive credit or program.
(c)No material
effect on forest plan
(1)The implementation of this Act, including the conveyance
of land to Sealaska, alone or in combination with any other factor, shall not
require an amendment of, or revision to, the Tongass National Forest Land and
Resources Management Plan before the first revision of that Plan scheduled to
occur after the date of enactment of this Act.
(2)The Secretary of Agriculture shall implement any land
ownership boundary adjustment to the Tongass National Forest Land and Resources
Management Plan resulting from the implementation of this Act through a
technical amendment to that Plan.
(d)No effect on
existing instruments, projects, or activities
(1)Nothing in this Act or the implementation of this Act
revokes, suspends, or modifies any permit, contract, or other legal instrument
for the occupancy or use of Tongass National Forest land, or any determination
relating to a project or activity that authorizes that occupancy or use, that
is in effect on the day before the date of enactment of this Act.
(2)The
conveyance of land to Sealaska pursuant to this Act shall be subject to the
instruments and determinations described in paragraph (1) to the extent that
those instruments and determinations authorize occupancy or use of the land so
conveyed.
(e)Prohibition on
reductions in staff and closing and consolidating
districtsDuring the 10-year period beginning on the date of
enactment of this Act, the Secretary shall not, as a consequence of this
Act—
(1)reduce the
staffing level at any ranger district of the Tongass National Forest, as
compared to the applicable staffing level in effect on September 26, 2008;
or
(2)close or
consolidate such a ranger district.
(f)Section 2(a)(2) of the Tribal Forest Protection Act of
2004 (25 U.S.C. 3115a(a)(2)) is amended—
(1)in subparagraph
(A), by inserting , or is conveyed to an Alaska Native Corporation
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)
before the semicolon; and
(2)in subparagraph
(B)(i)—
(A)in subclause (I),
by striking or
at the end; and
(B)by adding at the
end the following:
(III)is owned by an
Alaska Native Corporation established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) and is forest land or formerly had a
forest cover or vegetative cover that is capable of restoration;
or
.
6.
(a)Each map referred to in this Act shall be
maintained on file in—
(1)the office of the Chief of the Forest
Service; and
(2)the office of the Secretary.
(b)The Secretary or the Chief of the Forest
Service may make any necessary correction to a clerical or typographical error
in a map referred to in this Act.
(c)No map referred to in this Act shall be
considered to be an attempt by the Federal Government to convey any State or
private land.
7.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this Act
and the amendments made by this Act.