1.This Act may be cited as the
Southeast Alaska Native Land
Entitlement Finalization and Jobs Protection Act
.
2.In this Act:
(1)The term
conservation system unit
has the meaning given the term in
section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C.
3102).
(2)The
term Sealaska means the Sealaska Corporation, a Regional Native
Corporation created under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).
(3)The
term Secretary means the Secretary of the Interior.
3.
(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 (the Regional Corporation for southeast
Alaska), 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, received less than 1 percent of the lands
set aside for Alaska Natives, and received no 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 1968 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) in 1971;
(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));
(B)section 14(h) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) authorized the
Secretary to withdraw and convey 2,000,000-acres of unreserved and
unappropriated
public lands in Alaska from which Alaska Native
selections could be made for historic sites, cemetery sites, Urban Corporation
land, Native group land, and Native Allotments;
(C)under section 14(h)(8) of
the Alaska Native Claims Settlement 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;
(D)the only Native 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;
(E)because at the time of
enactment of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
all public land in the Tongass National Forest had been reserved for purposes
of creating the national forest, the Secretary was not able to withdraw any
public land in the Tongass National Forest for selection by and conveyance to
Sealaska;
(F)at the time of enactment
of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) other
public lands in southeast Alaska not located in the Tongass National Forest
were not suitable for selection by and conveyance to Sealaska because such
lands were located in Glacier Bay National Monument, were included in a
withdrawal effected pursuant to section 17(d)(2) of that Act (43 U.S.C.
1616(d)(2)) and slated to become part of the Wrangell-St. Elias National Park,
or essentially consisted of mountain tops;
(G)Sealaska in 1975
requested that Congress amend the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) to permit the Regional Corporation to select lands inside
of the withdrawal areas established for southeast Alaska Native villages under
section 16 of that Act (43 U.S.C. 1615); and
(H)in 1976, Congress amended
section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) to allow
Sealaska to select lands under section 14(h)(8) of that Act (43 U.S.C.
1613(h)(8)) from land located inside, rather than outside, the withdrawal areas
established for southeast Alaska Native villages;
(7)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;
(8)(A)the existing 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 is not authorized to request land located outside the
withdrawal areas described in subparagraph (A) if the withdrawal areas are
insufficient to complete the land entitlement of Sealaska under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(9)(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; and
(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,
it became clear within the last decade that Sealaska will receive significantly
more than 200,000 acres pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.);
(10)in light of the revised
Bureau of Land Management estimate of the total number of acres that Sealaska
will receive pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), and in consultation with Members of Alaska's congressional
delegation, Sealaska and its shareholders believe that it is appropriate to
allocate more of the entitlement of Sealaska to—
(A)the acquisition of places
of sacred, cultural, traditional, and historical significance;
(B)the acquisition of sites
with traditional and recreational use value and sites suitable for renewable
energy development; and
(C)the acquisition of lands
that are not within the watersheds of Native and non-Native communities and are
suitable economically and environmentally for natural resource
development;
(11)(A)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;
(B)Sealaska seeks
cooperative agreements to ensure that cultural 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
(C)Congress recognizes that
there is an existing Memorandum of Understanding (MOU) between the Park Service
and the Hoonah Indian Association, and does not intend to circumvent the MOU;
rather the intent is to ensure that this and similar mechanisms for cooperative
management in Glacier Bay are required by law;
(12)(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 the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) that hinders the ability of Sealaska to use the sites
for cultural, educational, or research purposes for Alaska Natives and
others;
(B)historic sites managed by
the Forest Service are not subject to the limitations referred to in
subparagraph (A); and
(C)Alaska Natives of
southeast Alaska should be permitted to use cemetery sites and historic places
in a manner that is—
(i)consistent with the
sacred, cultural, traditional, or historic nature of the site; and
(ii)not inconsistent with
the management plans for adjacent public land;
(13)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
paragraphs (7) and (8) are composed of salt water and not available for
selection;
(14)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.);
(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;
(ii)sites with traditional
and recreation use value and sites suitable for renewable energy development;
and
(iii)lands that meet the
real economic needs of the shareholders of Sealaska;
(17)unless Sealaska is
allowed to select land outside designated withdrawal areas in southeast Alaska,
Sealaska will not be able to—
(A)complete the land
entitlement selections of Sealaska under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) in a manner that meets the cultural, social, and
economic needs of Native shareholders;
(B)avoid land selections in
watersheds that are the exclusive drinking water supply for regional
communities, support world class salmon streams, have been identified as
important habitat, or would otherwise be managed by the Forest Service as
roadless and old growth forest reserves;
(C)secure ownership of
places of sacred, cultural, traditional, and historical importance to the
Alaska Natives of southeast Alaska; and
(D)continue to support
forestry jobs and economic opportunities for Alaska Natives and other residents
of rural southeast Alaska;
(18)(A)the rate of unemployment
in southeast Alaska exceeds the statewide rate of unemployment on a
non-seasonally adjusted basis;
(B)in January 2011, the
Alaska Department of Labor and Workforce Development reported the unemployment
rate for the Prince of Wales—Outer Ketchikan census area at approximately 16.2
percent;
(C)in October 2007, the
Alaska Department of Labor and Workforce Development projected population
losses between 1996 and 2030 for the Prince of Wales—Outer Ketchikan census
area at 56.6 percent;
(D)official unemployment
rates severely underreport the actual level of regional unemployment,
particularly in Native villages; and
(E)additional job losses
will exacerbate outmigration from Native and non-Native communities in
southeast Alaska;
(19)Sealaska has played, and
is expected to continue to play, a significant role in the health of the
southeast Alaska economy;
(20)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 Alaska Native shareholders;
(B)supported hundreds of
jobs for Alaska Native shareholders and non-shareholders in southeast Alaska
for more than 30 years; and
(C)been a significant
economic force in southeast Alaska;
(21)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;
(22)resource development
operations maintained by Sealaska—
(A)support hundreds of jobs
in the southeast Alaska region;
(B)make timber available to
local and domestic sawmills and other wood products businesses such as guitar
manufacturers;
(C)support firewood programs
for local communities;
(D)support maintenance of
roads utilized by local communities for subsistence and recreation uses;
(E)support development of
new biomass energy opportunities in southeast Alaska, reducing dependence on
high-cost diesel fuel for the generation of energy;
(F)provide start-up capital
for innovative business models in southeast Alaska that create new
opportunities for non-timber economic development in the region, including
support for renewable biomass initiatives, Alaska Native artisans, and rural
mariculture farming; and
(G)support Native education
and cultural and language preservation activities;
(23)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.);
(24)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;
(25)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;
(B)other sites with
traditional and recreation use value and sites suitable for renewable energy
development to facilitate appropriate tourism and outdoor recreation
enterprises and renewable energy development for rural southeast Alaska
communities; and
(C)lands that are suitable
economically and environmentally for natural resource development;
(26)on completion of the
conveyances of land of 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
should be removed, which will facilitate thorough and complete planning and
efficient management relating to national forest land in southeast Alaska by
the Forest Service;
(27)although the Tribal
Forest Protection Act (25 U.S.C. 3101 note; Public Law 108–278) defines the
term Indian tribe
to include Indian tribes under section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), a
term which includes any Alaska Native village or regional or village
corporation as defined in or established pursuant to the Alaska Native Claims
Settlement Act …
, the Tribal Forest Protection Act does not define the
term Indian forest land or rangeland
to include lands owned by
Alaska Native Corporations, including Sealaska, which are the primary Indian
forest land owners in Alaska, and therefore, the Tribal Forest Protection Act
should be amended in a manner that will—
(A)permit Native
Corporations, including Sealaska, as Indian forest land owners in Alaska, to
work with the Secretary of Agriculture under the Tribal Forest Protection Act
to address forest fire and insect infestation issues, including the spread of
the spruce bark beetle in southeast and southcentral Alaska, which threaten the
health of the Native forestlands; and
(B)ensure that Native
Corporations, including Sealaska, can participate in programs administered by
the Secretary of Agriculture under the Tribal Forest Protection Act without
including Native Corporations under the definition in that Act of Indian
forest land or rangeland
or otherwise amending that Act in a manner
that validates, invalidates, or otherwise affects any claim regarding the
existence of Indian country in the State of Alaska; and
(28)the National Historic
Preservation Act (16 U.S.C. 470 et seq.) defines the term Indian
tribe to include any Native village, Regional Corporation or
Village Corporation, as those terms are defined in section 3 of the Alaska
Native Claims Settlement Act
but does not define the term Tribal
lands to include lands owned by Alaska Native Corporations, thereby
excluding from the National Historic Preservation Act cemetery sites and
historical places transferred to Native Corporations, including Sealaska,
pursuant to the Alaska Native Claims Settlement Act, and therefore, the
National Historic Preservation Act should be amended in a manner that
will—
(A)permit Native
Corporations, including Sealaska, as owners of Indian cemetery sites and
historical places in Alaska, to work with the Secretary of the Interior under
the National Historic Preservation Act to secure grants and other support to
manage their own historic sites and programs pursuant to that Act; and
(B)ensure that Native
Corporations, including Sealaska, can participate in programs administered by
the Secretary of the Interior under the National Historic Preservation Act
without including Native Corporations under the definition in that Act of
Tribal lands
or otherwise amending that Act in a manner that
validates, invalidates, or otherwise affects any claim regarding the existence
of Indian country in the State of Alaska.
(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 in a manner that meets the cultural,
social, and economic needs of Native shareholders, including the need to
maintain jobs supported by Sealaska in rural southeast Alaska
communities.
4.Selections in southeast
Alaska
(a)
(1)Notwithstanding section 14(h)(8) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(8)), 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 subsections (b) and (c).
(2)Treatment of land
conveyedLand conveyed pursuant to this Act are to be treated as
land conveyed pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) subject to, but not limited to—
(A)reservation of public
easements across land pursuant to section 17(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1616(b));
(B)valid existing rights
pursuant to section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(g)); and
(C)the land bank protections
of section 907(d) of the Alaska National Interest and Lands Conservation Act
(43 U.S.C. 1636(d)).
(b)The following public land is withdrawn, subject to valid
existing rights, from all forms of appropriation under public land laws,
including the mining and mineral leasing laws, and from selection under the Act
of July 7, 1958 (commonly known as the Alaska Statehood Act
) (48
U.S.C. note prec. 21; Public Law 85–508), and shall be available for selection
by and conveyance to Sealaska to complete the remaining land entitlement of
Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43
U.S.C. 1613(h)(8)):
(1)Land identified on the
maps dated February 1, 2011, and labeled Attachment A (Maps 1 through
8)
.
(2)Sites with traditional,
recreational, and renewable energy use value, as identified on the map entitled
Sites with Traditional, Recreational, and Renewable Energy Use
Value
, dated February 1, 2011, and labeled Attachment D
,
subject to the condition that not more than 5,000 acres shall be selected for
those purposes.
(3)Sites identified on the
map entitled Traditional and Customary Trade and Migration
Routes
, dated February 1, 2011, and labeled Attachment
C
, which includes an identification of—
(A)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
on the map entitled Traditional and Customary
Trade and Migration Routes
, dated February 1, 2011, and labeled
Attachment C
;
(B)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
on the
map entitled Traditional and Customary Trade and Migration
Routes
, dated February 1, 2011, and labeled Attachment
C
; and
(C)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
on the map
entitled Traditional and Customary Trade and Migration Routes
,
dated February 1, 2011, and labeled Attachment C
.
(c)Sites with sacred,
cultural, traditional, or historic significanceSubject to the
criteria and procedures applicable to land selected pursuant to section
14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) and
set forth in the regulations promulgated at section 2653.5 of title 43, Code of
Federal Regulations (as in effect on the date of enactment of this Act), except
as otherwise provided in this Act—
(1)Sealaska shall have a
right to identify up to 3,600 acres of sites with sacred, cultural,
traditional, or historic significance, including archeological sites, cultural
landscapes, and natural features having cultural significance; and
(2)on identification of the
land by Sealaska under paragraph (1), the identified land shall be—
(A)withdrawn, subject to
valid existing rights, from all forms of appropriation under public land laws,
including the mining and mineral leasing laws, and from selection under the Act
of July 7, 1958 (commonly known as the Alaska Statehood Act
) (48
U.S.C. note prec. 21; Public Law 85–508); and
(B)available for selection
by and conveyance to Sealaska to complete the remaining land entitlement of
Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43
U.S.C. 1613(h)(8)) subject to the conditions that—
(i)no sites with sacred,
cultural, traditional, or historic significance may be selected from within a
unit of the National Park System; and
(ii)beginning on the date
that is 15 years after the date of enactment of this Act, Sealaska shall be
limited to identifying not more than 360 acres of sites with sacred, cultural,
traditional, or historic significance under this subsection.
(d)Sealaska shall receive from the United States, subject to
all necessary State and Federal permits, nonexclusive easements to Sealaska to
allow—
(1)access on the forest
development road and use of the log transfer site identified in paragraphs
(3)(b), (3)(c) and (3)(d) of the patent numbered 50–85–0112 and dated January
4, 1985;
(2)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;
(3)access on the forest
development road identified in paragraph (2)(a) of the patent numbered
50–94–0046 and dated December 17, 1993;
(4)access on the forest
development roads and use of the log transfer facilities identified on the maps
dated February 1, 2011, and labeled Attachment A (Maps 1 through
8)
;
(5)a reservation of a right
to construct a new road to connect to existing forest development roads as
generally identified on the maps identified in paragraph (4); and
(6)access to and reservation
of a right to construct a new log transfer facility and log storage area at the
location identified on the maps identified in paragraph (4).
5.
(a)
(1)Subject to paragraphs (2), (3), and (4), the Secretary
shall work with Sealaska to develop a mutually agreeable schedule to complete
the conveyance of land to Sealaska under this Act.
(2)Consistent with the provisions of section 403 of the
Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law
108–452), not later than 18 months after the date of enactment of this Act,
Sealaska shall submit to the Secretary the final, irrevocable priorities for
selection of land withdrawn under section 4(b)(1).
(3)Substantial completion
requiredNot later than two years after the date of selection by
Sealaska of land withdrawn under section 4(b)(1), the Secretary shall
substantially complete the conveyance of the land to Sealaska under this
Act.
(4)Nothing
in this Act shall interfere with or cause any delay in the duty of the
Secretary to convey land to the State of Alaska under section 6 of the Act of
July 7, 1958 (commonly known as the Alaska Statehood Act
) (48
U.S.C. note prec. 21; Public Law 85–508).
(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 section 14(h)(8)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8))—
(1)the right of Sealaska to
receive any land under that Act from within a withdrawal area established under
subsections (a) and (d) of section 16 of that Act shall be terminated;
(2)the withdrawal areas set
aside for selection by Native Corporations in southeast Alaska under
subsections (a) and (d) of section 16 of that Act shall be rescinded;
and
(3)land located within a
withdrawal area that is not conveyed to Sealaska or to a southeast Alaska
Village Corporation or Urban Corporation shall be returned to the unencumbered
management of the Forest Service as part of the Tongass National Forest.
(c)Sealaska
shall not select or receive under this Act any conveyance of land pursuant to
paragraphs (1) or (2) of section 4(b) located within any conservation system
unit.
(d)Applicable Easements
and Public Access
(1)In addition to the reservation of public easements under
section 4(a)(2)(A), the conveyance to Sealaska of land withdrawn pursuant to
paragraphs (1) and (3) of section 4(b) that are 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 maps dated
February 1, 2011, and labeled Attachment A (Maps 1 through
8)
;
(B)a reservation for
easements for public access on the temporary roads designated by the Forest
Service as of the date of the enactment of this Act for the public access
trails depicted on the maps described in subparagraph (A); and
(C)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, subject to—
(i)the right of Sealaska to
regulate access to ensure public safety, to protect cultural or scientific
resources, and to provide environmental protection; and
(ii)the condition that
Sealaska shall post on any applicable property, in accordance with State law,
notices of the conditions on use.
(2)Sacred, cultural,
traditional and historic sitesThe conveyance to Sealaska of land
withdrawn pursuant to section 4(c) that is located outside of 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)the right of public
access across the conveyances where no reasonable alternative access around the
land is available without liability to Sealaska; and
(B)the right of Sealaska to
regulate access across the conveyances to ensure public safety, to protect
cultural or scientific resources, to provide environmental protection, or to
prohibit activities incompatible with the use and enjoyment of the land by
Sealaska, subject to the condition that Sealaska shall post on any applicable
property, in accordance with State law, notices of any such condition.
(3)Traditional and
customary trade and migration routesThe conveyance to Sealaska
of land withdrawn pursuant to section 4(b)(3) that is located outside of 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 requirement that
Sealaska provide public access across such linear conveyances if an adjacent
landowner or the public has a legal right to use the adjacent private or public
land.
(4)Sites with traditional,
recreational, and renewable energy use valueThe conveyance to
Sealaska of land withdrawn pursuant to section 4(b)(2) that is located outside
of 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)the right of public
access across the land without liability to Sealaska; and
(B)the condition that public
access across the land would not be unreasonably restricted or impaired.
(5)No
right of access provided to any individual or entity (other than Sealaska) by
this subsection—
(A)creates any interest,
other than an interest retained by the United States, 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 with respect to the
management or development of the applicable land.
(e)Conditions on sacred,
cultural, and historic sites and traditional and customary trade and migration
routesThe conveyance to Sealaska of land withdrawn pursuant to
sections 4(b)(3) and 4(c)—
(1)shall be subject to a
covenant prohibiting any commercial timber harvest or mineral development on
the land;
(2)shall allow use of the
land as described in subsection (f); and
(3)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)).
(f)Uses of sacred,
cultural, traditional, and historic sites and traditional and customary trade
and migration routesAny land conveyed to Sealaska from land
withdrawn pursuant to sections 4(b)(3) and 4(c) may be used for—
(1)preservation of cultural
knowledge and traditions associated with the site;
(2)historical, cultural, and
scientific research and education;
(3)public interpretation and
education regarding the cultural significance of the site 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—
(A)are consistent with the
sacred, cultural, traditional, or historic nature of the site; and
(B)are not inconsistent with
the management plans for adjacent public land.
(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 Federal
regulations contained in sections 2653.5(a) 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)(1)), terminates as a matter of law 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 sites
with traditional, recreational, and renewable energy use
valueEach conveyance of land to Sealaska from land withdrawn
pursuant to section 4(b)(2) shall be subject to a covenant prohibiting any
commercial timber harvest or mineral development.
(i)Escrow funds for
withdrawn landOn the withdrawal by this Act of land identified
for selection by Sealaska, the escrow requirements of section 2 of Public Law
94–204 (43 U.S.C. 1613 note), shall thereafter apply to the withdrawn
land.
(j)Guiding and outfitting
special use permits or authorizations
(1)Consistent with the provisions of section 14(g) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), except as modified
herein, on land conveyed to Sealaska from land withdrawn pursuant to sections
4(b)(1) and 4(b)(2), an existing holder of a guiding or outfitting special use
permit or authorization issued by the Forest Service shall be entitled to its
rights and privileges on the land for the remaining term of the permit, as of
the date of conveyance to Sealaska, and for 1 subsequent 10-year renewal of the
permit, subject to the condition that the rights shall be considered a valid
existing right reserved pursuant to section 14(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(g)), and shall be managed accordingly.
(2)Notice of commercial
activitiesSealaska, with respect to the holder of a guiding or
outfitting special use permit or authorization under this subsection, and a
permit holder referenced in this subsection, with respect to Sealaska, shall
have an obligation to inform the other party of their respective commercial
activities before engaging in the activities on land, which has been conveyed
to Sealaska under this Act, subject to the permit or authorization.
(3)Nothing in this subsection precludes Sealaska and a permit
holder under this subsection from negotiating new mutually agreeable permit
terms that supersede the requirements of—
(A)this subsection;
(B)section 14(g) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)); or
(C)any deed covenant.
(4)Sealaska
shall bear no liability regarding use and occupancy pursuant to special use
permits or authorizations on land selected or conveyed pursuant to this
Act.
6.
(a)Each conveyance of Federal land to Sealaska pursuant to this
Act, and each Federal 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 5, 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)Except as required by paragraph (2), 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 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)
(1)Section 2 of the Tribal Forest Protection Act of 2004
(25 U.S.C. 3115a) is amended by adding at the end a new subsection (h):
(h)(1)Land owned by an Alaska
Native Corporation 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 shall be eligible for
agreements and contracts authorized under this Act and administered by the
Secretary.
(2)Nothing in this
subsection 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.
.
(2)National historic
preservationSection 101(d) of the National Historic Preservation
Act (16 U.S.C. 470a(d)), is amended by adding at the end a new paragraph
(7):
(7)(A)Notwithstanding any
other provision of law, an Alaska Native tribe, band, nation or other organized
group or community, including a Native village, Regional Corporation, or
Village Corporation, shall be eligible to participate in all programs
administered by the Secretary under this Act on behalf of Indian tribes,
including, but not limited to, securing grants and other support to manage
their own historic preservation sites and programs on lands held by the Alaska
Native tribe, band, nation or other organized group or community, including a
Native village, Regional Corporation, or Village Corporation.
(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.
.
(e)Nothing in this Act shall have any effect upon the
entitlement due to any Native Corporation, other than Sealaska, under—
(1)the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.); or
(2)the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
7.
(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.
November 10, 2011
Reported with an amendment, committed to the Committee of
the Whole House on the State of the Union, and ordered to be
printed