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 Land Use Designation II has
the meaning described in title V of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 539 et seq.), as further amended by section 201 of
the Tongass Timber Reform Act of 1990 (Public Law 101–626).
(3)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.).
(4)The
term Secretary means the Secretary of the Interior.
3.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 is 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 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(b)The following public land is withdrawn, subject to valid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 such reasonable terms and conditions as the Forest Service may
impose, 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 described 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 described in paragraph
(4).
4.
(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 3(b)(1).
(3)Substantial
completion requiredNot later than 2 years after the date of
selection by Sealaska of land withdrawn under section 3(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 section 14(h)(8) of that Act from within a
withdrawal area established under subsections (a) and (d) of section 16 of that
Act (43 U.S.C. 1615(a) and 1615(d)) 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 (43 U.S.C. 1615(a) and
1615(d)) 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
paragraph (1) or (2) of section 3(b) located within any conservation system
unit.
(d)Applicable
easements and public access
(1)The conveyance to Sealaska of land withdrawn pursuant to
paragraphs (1) and (3) 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 maps dated
February 1, 2011, and labeled Attachment A (Maps 1 through
8)
;
(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 maps
described in subparagraph (A);
(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 granted under this subparagraph 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; and
(D)the requirement
that, with respect to the land conveyed to the corporation pursuant to section
3(b)(1), Sealaska shall continue to manage the land in accordance with the
State of Alaska Forest Resources and Practices Act, Alaska Stat. 41.17, except
that, for a period of 5 years beginning on the date of enactment of this Act,
Alaska Stat. 41.17.116(1) shall apply to the harvest of timber within 100 feet
of a water body defined in Alaska Stat. 41.17.950(31).
(2)Sacred,
cultural, traditional and historic sitesThe conveyance to
Sealaska of land withdrawn pursuant to section 3(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 granted under this paragraph 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 the conditions on use.
(3)Traditional and
customary trade and migration routesThe conveyance to Sealaska
of land withdrawn pursuant to section 3(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 the 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 3(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, traditional, and historic sites and traditional and customary
trade and migration routesThe conveyance to Sealaska of land
withdrawn pursuant to sections 3(b)(3) and 3(c)—
(1)shall be subject
to a covenant prohibiting any commercial timber harvest or mineral development
on the land;
(2)shall be subject
to a covenant allowing use of the land only 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 3(b)(3) and 3(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 3(b)(2) shall be subject to—
(1)a covenant
prohibiting any commercial timber harvest or mineral development; and
(2)the conveyance of
the site identified as Pegmatite Mountain Geothermal #53 on the map labeled
Attachment D
and dated February 1, 2011, shall be subject to a
covenant prohibiting commercial development of the site for a period of 15
years beginning on the date of enactment of this Act, provided that Sealaska
shall have a right to engage in site evaluation and analysis during the
period.
(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)), on land conveyed to
Sealaska from land withdrawn pursuant to sections 3(b)(1) and 3(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.
5.
(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 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)Except as required by paragraph (2) and the amendment
made by section 6, 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)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.).
6.
(a)Section 508 of the
Alaska National Interest Lands Conservation Act (Public Law 96–487; 94 Stat.
2381, 104 Stat. 4428) is amended—
(1)in the matter preceding paragraph (1), by
striking The following lands are hereby
and inserting the
following:
(a)The following land
is
; and
(2)by adding at the
end the following:
(13)Subject to valid existing rights, certain land for
conservation purposes, comprising approximately 151,565 acres, as depicted on
the map entitled “Conservation Areas”, dated February 1, 2011, and labeled
“Attachment E”, which is more particularly described as follows:
(A)Certain land, comprising approximately 21,146.5 acres,
located on the southern shore of the Bay in Forest Service Value Comparison
Unit 4030.
(B)Certain land, comprising approximately 36,703 acres,
located on southwestern Kupreanof Island in the Forest Service Value Comparison
Units 4300 and 4310.
(C)Certain land, comprising approximately 25,403.7 acres,
located on Prince of Wales Island in Forest Service Value Comparison Unit
5541.
(D)Certain land, comprising approximately 7,416.5 acres,
located on Koscuisko Island in Forest Service Value Comparison Units 5410,
5430, and 5440.
(E)Certain land, comprising approximately 15,586.2 acres,
located on Prince of Wales Island in Forest Service Value Comparison Units
5740, 5750, 5760, 5780, and 5971.
(F)Eek lake and
sukkwan islandCertain land, comprising approximately 34,644.1
acres, located in Forest Service Value Comparison Units 6320, 6700, 6710 and
6720.
(G)Certain karst land, comprising approximately 1,663
acres, located on Koscuisko Island in Forest Service Value Comparison Units
5430 and 5460.
(H)Certain karst land, comprising approximately 10,888
acres, located in Forest Service Value Comparison Units 5280, 5290, 5311, 5313,
5330, 5360, and 5371.
(b)Management of
conservation areas
(1)Subject to paragraph (2), the conservation areas
designated by subsection (a)(13) shall be allocated to Land Use Designation II
status (as defined in section 2 of the Southeast Alaska Native Land Entitlement
Finalization and Jobs Protection Act) and shall be managed by the Secretary of
Agriculture to protect subsistence activities and unique biological and
geological resources and to prohibit commercial timber harvests or new road
construction, in accordance with management guidelines developed under the
Tongass National Forest Land and Resource Management Plan.
(2)In
managing the areas designated by subsection (a)(13)—
(A)the Forest
Service shall protect the traditional and cultural use, biological and
geological value, and, where applicable, the roadless character of the
areas;
(B)industrial
logging and associated road building shall be prohibited;
(C)timber
micro-sales in accessible areas shall be allowed;
(D)restoration
projects in young-growth stands and salmon streams shall be encouraged for
meeting integrated resource objectives;
(E)subsistence
enhancement and low impact recreation and tourism development projects shall be
encouraged;
(F)sustainable,
community-scaled economic development of forest and marine resources shall be
allowed, including issuance of special use permits for non-timber forest
products gathering, mariculture development, and transportation and energy
development; and
(G)existing and
future Transportation and Utility Systems shall be permitted in designated
Transportation and Utility System Corridors under the Tongass National Forest
Land and Resource Management Plan.
(c)The
establishment of the conservation areas by subsection (a)(13) shall not be used
by the Secretary of Agriculture or a designee of the Secretary of Agriculture
as a basis for any administrative management decisions to establish by
administrative action any buffers, withdrawals, land-use designations, road
closures, or other similar actions on any land, value comparison units, or
adjacent land-use
designations.
.
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.
8.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.