[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 881 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 881

To provide for the settlement of certain claims under the Alaska Native 
             Claims Settlement Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2009

  Ms. Murkowski (for herself, Mr. Begich, Mr. Akaka, and Mr. Inouye) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the settlement of certain claims under the Alaska Native 
             Claims Settlement Act, 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 ``Southeast Alaska Native Land 
Entitlement Finalization Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--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;
            (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; and
            (iii) Congress--
                    (I) recognizes the existence of a memorandum of 
                understanding between the National Park Service and the 
                Hoonah Indian Association;
                    (II) does not intend to circumvent that memorandum 
                of understanding; and
                    (III) intends to ensure that the memorandum of 
                understanding and similar mechanisms for cooperative 
                management in Glacier Bay are required by law;
            (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) Purpose.--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.

SEC. 3. SELECTIONS IN SOUTHEAST ALASKA.

    (a) Selection by Sealaska.--
            (1) In general.--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) National park service.--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) Categories.--The categories referred to in subsection (a) are 
the following:
            (1)(A) Economic development land from the area of land 
        identified on the map entitled ``Sealaska ANCSA Land 
        Entitlement Rationalization Pool'', dated March 9, 2009, and 
        labeled ``Attachment A''.
            (B) A nonexclusive easement to Sealaska to allow--
                    (i) access on the forest development road and use 
                of the log transfer site identified in paragraphs 
                (3)(c) and (3)(d) of the patent numbered 50-85-0112 and 
                dated January 4, 1985;
                    (ii) access on the forest development road 
                identified in paragraphs (2)(a) and (2)(b) of the 
                patent numbered 50-92-0203 and dated February 24, 1992; 
                and
                    (iii) access on the forest development road 
                identified in paragraph (2)(a) of the patent numbered 
                50-94-0046 and dated December 17, 1993.
            (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 9, 2009, and 
                        labeled ``Attachment B''; and
                            (ii) the map entitled ``Traditional and 
                        Customary Trade and Migration Routes'', dated 
                        March 9, 2009, 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 9, 2009, 
                                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 9, 2009, 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 9, 2009, 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 System.
            (3) Alaska Native futures sites with traditional and 
        recreational use value, as identified on the map entitled 
        ``Native Futures Sites'', dated March 9, 2009, 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) In general.--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) Cooperative agreements.--
                    (A) In general.--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) Requirements.--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) in a manner consistent with 
                                wilderness and ecological preservation.
                    (C) Report.--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.

SEC. 4. CONVEYANCES TO SEALASKA.

    (a) Timeline for Conveyance.--
            (1) In general.--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) Significant sites.--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 Withdrawals.--On 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) Limitation.--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) In general.--The conveyance to Sealaska of land 
        pursuant to paragraphs (1) and (2)(A)(ii) of section 3(b) 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 9, 2009;
                    (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 9, 2009;
                    (C) any valid pre-existing 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) Effect.--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 Sites.--The 
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 Sites.--Any 
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) In general.--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) Remaining conditions.--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) Records.--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 Land.--Each 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)).

SEC. 5. MISCELLANEOUS.

    (a) Status of Conveyed Land.--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 Incentives.--Notwithstanding 
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) In general.--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) Boundary adjustments.--The Secretary of Agriculture 
        shall implement any land ownership boundary adjustments 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) In general.--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) Treatment.--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) Technical Corrections.--
            (1) Tribal forest protection.--Section 2(a)(2) of the 
        Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(a)(2)) is 
        amended--
                    (A) 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
                    (B) in subparagraph (B)(i)--
                            (i) in subclause (I), by striking ``or'' at 
                        the end; and
                            (ii) 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''.
            (2) National historic preservation.--Section 301 of the 
        National Historic Preservation Act (16 U.S.C. 470w) is amended 
        by striking paragraph (14) and inserting the following:
            ``(14)(A) `Tribal lands' means--
                    ``(i) all land within the exterior boundaries of 
                any Indian reservation;
                    ``(ii) all dependent Indian communities; and
                    ``(iii) land held by an incorporated Alaska Native 
                group, a Regional Corporation, or a Village Corporation 
                pursuant to the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.).
            ``(B) Nothing in this paragraph validates, invalidates, or 
        otherwise affects any claim regarding the existence of Indian 
        country (as defined in section 1151 of title 18, United States 
        Code) in the State of Alaska.''.

SEC. 6. MAPS.

    (a) Availability.--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) Corrections.--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) Treatment.--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.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act and the amendments made by this Act.
                                 <all>