[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 340 Reported in Senate (RS)]

                                                       Calendar No. 176
113th CONGRESS
  1st Session
                                 S. 340

                          [Report No. 113-98]

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

                           February 14, 2013

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

                           September 10, 2013

                Reported by Mr. Wyden, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Southeast Alaska Native 
Land Entitlement Finalization and Jobs Protection Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Maps.--The term ``maps'' means the maps 
        entitled ``Sealaska Land Entitlement Finalization'', numbered 1 
        through 17 and dated October 17, 2012, and numbered 18 and 
        dated December 21, 2012.</DELETED>
        <DELETED>    (2) Sealaska.--The term ``Sealaska'' means the 
        Sealaska Corporation, a Regional Native Corporation established 
        under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
        et seq.).</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (4) State.--The term ``State'' means the State of 
        Alaska.</DELETED>

<DELETED>SEC. 3. FINALIZATION OF ENTITLEMENT.</DELETED>

<DELETED>    (a) In General.--If, not later than 90 days after the date 
of enactment of this Act, the Secretary receives a corporate resolution 
adopted by the board of directors of Sealaska agreeing to accept the 
conveyance of land described in subsection (b) in accordance with this 
Act as full and final satisfaction of the remaining land entitlement of 
Sealaska under section 14(h) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1613(h)), the Secretary shall--</DELETED>
        <DELETED>    (1) implement the provisions of this Act; 
        and</DELETED>
        <DELETED>    (2) charge the entitlement pool under section 
        14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(8)) 70,075 acres, reduced by the number of acres 
        deducted under subsection (b)(2), in fulfillment of the 
        remaining land entitlement for Sealaska under that Act, 
        notwithstanding whether the surveyed acreage of the 18 parcels 
        of land generally depicted on the maps as ``Sealaska 
        Selections'' and patented under section 4 is less than or more 
        than 69,585 acres, reduced by the number of acres deducted 
        under subsection (b)(2).</DELETED>
<DELETED>    (b) Final Entitlement.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the land described in subsection (a) shall consist of--
        </DELETED>
                <DELETED>    (A) the 18 parcels of Federal land 
                comprising approximately 69,585 acres that is generally 
                depicted as ``Sealaska Selections'' on the maps; 
                and</DELETED>
                <DELETED>    (B) a total of not more than 490 acres of 
                Federal land for cemetery sites and historical places 
                comprised of parcels that are applied for in accordance 
                with section 5.</DELETED>
        <DELETED>    (2) Deduction.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                deduct from the number of acres of Federal land 
                described in paragraph (1)(A) the number of acres of 
                Federal land for which the Secretary has issued a 
                conveyance during the period beginning on August 1, 
                2012, and ending on the date of receipt of the 
                resolution under subsection (a).</DELETED>
                <DELETED>    (B) Agreement.--The Secretary, the 
                Secretary of Agriculture, and Sealaska shall negotiate 
                in good faith to make a mutually agreeable adjustment 
                to the parcel of Federal land generally depicted on the 
                maps entitled ``Sealaska Land Entitlement 
                Finalization'', numbered 1 of 17, and dated October 17, 
                2012, and the map numbered 18 and dated December 21, 
                2012, to implement the deduction of acres required by 
                subparagraph (A).</DELETED>
<DELETED>    (c) Effect of Acceptance.--The resolution filed by 
Sealaska in accordance with subsection (a) shall--</DELETED>
        <DELETED>    (1) be final and irrevocable; and</DELETED>
        <DELETED>    (2) without any further administrative action by 
        the Secretary, result in--</DELETED>
                <DELETED>    (A) the relinquishment of all existing 
                selections made by Sealaska under subsection 14(h)(8) 
                of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1613(h)(8)); and</DELETED>
                <DELETED>    (B) the termination of all withdrawals by 
                section 16 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1615), except to the extent a selection by a 
                Village Corporation under subsections (b) and (d) of 
                section 16 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1615) remains pending, until the date on 
                which those selections are resolved.</DELETED>
<DELETED>    (d) Failure To Accept.--If Sealaska fails to file the 
resolution in accordance with subsection (a)--</DELETED>
        <DELETED>    (1) the provisions of this Act shall cease to be 
        effective; and</DELETED>
        <DELETED>    (2) the Secretary shall, not later than 27 months 
        after the date of enactment of this Act, complete the interim 
        conveyance of the remaining land entitlement to Sealaska under 
        section 14(h)(8) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613(h)(8)) from prioritized selections on file with the 
        Secretary on the date of enactment of this Act.</DELETED>
<DELETED>    (e) Scope of Law.--Except as provided in subsections (d) 
and (f), this Act provides the exclusive authority under which the 
remaining land entitlement of Sealaska under section 14(h) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) may be 
fulfilled.</DELETED>
<DELETED>    (f) Effect.--Nothing in this Act affects any land that 
is--</DELETED>
        <DELETED>    (1) the subject of an application under subsection 
        (h)(1) of section 14 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1613) that is pending on the date of enactment of 
        this Act; and</DELETED>
        <DELETED>    (2) conveyed in accordance with that 
        subsection.</DELETED>

<DELETED>SEC. 4. CONVEYANCES TO SEALASKA.</DELETED>

<DELETED>    (a) Interim Conveyance.--Subject to valid existing rights, 
subsections (c), (d), and (e), section 3(b), and section 6(a), the 
Secretary shall complete the interim conveyance of the 18 parcels of 
Federal land comprising approximately 69,585 acres generally depicted 
on the maps by the date that is 60 days after the date of receipt of 
the resolution under section 3(a), subject to the Secretary identifying 
and reserving, by the date that is 2 years after the date of enactment 
of this Act, any easement that could have been reserved in accordance 
with this Act prior to the interim conveyance.</DELETED>
<DELETED>    (b) Withdrawal.--</DELETED>
        <DELETED>    (1) In general.--Subject to valid existing rights, 
        the Federal land described in subsection (a) is withdrawn 
        from--</DELETED>
                <DELETED>    (A) all forms of appropriation under the 
                public land laws;</DELETED>
                <DELETED>    (B) location, entry, and patent under the 
                mining laws;</DELETED>
                <DELETED>    (C) disposition under laws relating to 
                mineral or geothermal leasing; and</DELETED>
                <DELETED>    (D) 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).</DELETED>
        <DELETED>    (2) Termination.--The withdrawal under paragraph 
        (1) shall remain in effect until--</DELETED>
                <DELETED>    (A) if Sealaska fails to file a resolution 
                in accordance with section 3(a), the date that is 90 
                days after the date of enactment of this Act; 
                or</DELETED>
                <DELETED>    (B) the date on which the Federal land is 
                conveyed under subsection (a).</DELETED>
<DELETED>    (c) Treatment of Land Conveyed.--Except as otherwise 
provided in this Act, any land conveyed to Sealaska under subsection 
(a) shall be--</DELETED>
        <DELETED>    (1) considered to be land conveyed by the 
        Secretary under section 14(h)(8) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1613(h)(8)); and</DELETED>
        <DELETED>    (2) subject to all laws (including regulations) 
        applicable to entitlements under section 14(h)(8) of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), including 
        section 907(d) of the Alaska National Interest Lands 
        Conservation Act (43 U.S.C. 1636(d)).</DELETED>
<DELETED>    (d) Easements.--</DELETED>
        <DELETED>    (1) Public easements.--The deeds of conveyance for 
        the land under subsection (a) shall be subject to the 
        reservation of public easements under section 17(b) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 
        1616(b)).</DELETED>
        <DELETED>    (2) Conservation easements.--</DELETED>
                <DELETED>    (A) In general.--In the deeds of 
                conveyance for the land under subsection (a), the 
                Secretary shall reserve a conservation easement to 
                protect the aquatic and riparian habitat extending 100 
                feet on each side of the anadromous water bodies 
                depicted as ``100 Foot Conservation Easement'' on the 
                maps numbered 3, 4, and 6.</DELETED>
                <DELETED>    (B) Prohibition.--The commercial harvest 
                of timber within the conservation easements described 
                in subparagraph (A) shall be prohibited, except that 
                Sealaska may, for the purpose of harvesting timber 
                outside of the conservation easement--</DELETED>
                        <DELETED>    (i) maintain roads within the 
                        conservation easement that are in existence on 
                        the date of enactment of this Act; 
                        and</DELETED>
                        <DELETED>    (ii) construct temporary roads and 
                        yarding corridors across the conservation 
                        easements in accordance with the applicable 
                        National Forest System construction 
                        standards.</DELETED>
                <DELETED>    (C) Administration.--The Secretary of 
                Agriculture shall administer the conservation easements 
                described in subparagraph (A).</DELETED>
        <DELETED>    (3) Research easement.--In the deed of conveyance 
        for the land generally depicted on the map entitled ``Sealaska 
        Land Entitlement Finalization'', numbered 7 of 17, and dated 
        October 17, 2012, the Secretary shall reserve an easement--
        </DELETED>
                <DELETED>    (A) to access and continue Forest Service 
                research activities on the study plots located on the 
                land; and</DELETED>
                <DELETED>    (B) that shall remain in effect for a 10-
                year period beginning on the date of enactment of this 
                Act.</DELETED>
        <DELETED>    (4) Koscuisko island road easement.--</DELETED>
                <DELETED>    (A) In general.--The deeds of conveyance 
                for the land on Koscuisko Island under subsection (a) 
                shall grant to Sealaska an easement providing access to 
                and use by Sealaska of the log transfer facility at 
                Shipley Bay on Koscuisko Island, subject to--</DELETED>
                        <DELETED>    (i) the agreement under 
                        subparagraph (C); and</DELETED>
                        <DELETED>    (ii) the agreement under section 
                        6(b).</DELETED>
                <DELETED>    (B) Scope of the easement.--The easement 
                under subparagraph (A) shall enable Sealaska--
                </DELETED>
                        <DELETED>    (i) to construct, use, and 
                        maintain a road connecting the Forest Service 
                        Road known as ``Cape Pole Road'' to the Forest 
                        Service Road known as ``South Shipley Bay 
                        Road'' within the corridor depicted on the map 
                        entitled ``Sealaska Land Entitlement 
                        Finalization'', numbered 3 of 17, and dated 
                        October 17, 2012;</DELETED>
                        <DELETED>    (ii) to use, maintain, and if 
                        necessary, reconstruct the Forest Service Road 
                        known as ``South Shipley Bay Road'' referred to 
                        in clause (i) to access the log transfer 
                        facility at Shipley Bay; and</DELETED>
                        <DELETED>    (iii) to use, maintain, and expand 
                        the log transfer and sort yard facility at 
                        Shipley Bay that is within the area depicted on 
                        the map entitled ``Sealaska Land Entitlement 
                        Finalization'', numbered 3 of 17 and dated 
                        October 17, 2012.</DELETED>
                <DELETED>    (C) Roads and facilities use agreement.--
                In addition to the agreement under section 6(b), the 
                Secretary and Sealaska shall enter into an agreement 
                relating to the access, use, maintenance, and 
                improvement of the roads and facilities under this 
                paragraph.</DELETED>
                <DELETED>    (D) Determination of location; legal 
                description.--Sealaska shall--</DELETED>
                        <DELETED>    (i) in consultation with the 
                        Secretary, determine the location within the 
                        corridor of the centerline of the road 
                        described in subparagraph (B)(i); and</DELETED>
                        <DELETED>    (ii) provide to the Secretary a 
                        legal description of the centerline acceptable 
                        for granting the easement described in 
                        subparagraph (B)(i).</DELETED>
<DELETED>    (e) Hunting, Fishing, and Recreation.--</DELETED>
        <DELETED>    (1) In general.--Any land conveyed under 
        subsection (a) 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 remain open and 
        available to subsistence uses, as that term is defined in 
        section 803 of the Alaska National Interest Lands Conservation 
        Act (16 U.S.C. 3113), and noncommercial recreational hunting 
        and fishing and other recreational uses by the public under 
        applicable law--</DELETED>
                <DELETED>    (A) without liability on the part of 
                Sealaska, except for willful acts, to any user as a 
                result of the use; and</DELETED>
                <DELETED>    (B) subject to--</DELETED>
                        <DELETED>    (i) any reasonable restrictions 
                        that may be imposed by Sealaska on the public 
                        use--</DELETED>
                                <DELETED>    (I) to ensure public 
                                safety;</DELETED>
                                <DELETED>    (II) to minimize conflicts 
                                between recreational and commercial 
                                uses;</DELETED>
                                <DELETED>    (III) to protect cultural 
                                resources;</DELETED>
                                <DELETED>    (IV) to conduct scientific 
                                research; or</DELETED>
                                <DELETED>    (V) to provide 
                                environmental protection; and</DELETED>
                        <DELETED>    (ii) the condition that Sealaska 
                        post on any applicable property, in accordance 
                        with State law, notices of the restrictions on 
                        use.</DELETED>
        <DELETED>    (2) Effect.--Access provided to any individual or 
        entity under paragraph (1) shall not--</DELETED>
                <DELETED>    (A) create an interest in any third party 
                in the land conveyed under subsection (a); or</DELETED>
                <DELETED>    (B) provide standing to any third party in 
                any review of, or challenge to, any determination by 
                Sealaska with respect to the management or development 
                of the land conveyed under subsection (a), except as 
                against Sealaska for the management of public access 
                under paragraph (1).</DELETED>

<DELETED>SEC. 5. CEMETERY SITES AND HISTORICAL PLACES.</DELETED>

<DELETED>    (a) In General.--Notwithstanding section 14(h)(1)(E) of 
the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), 
Sealaska may submit applications for the conveyance under section 
14(h)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1613(h)(1)(A)) of not more than 76 cemetery sites and historical 
places--</DELETED>
        <DELETED>    (1) that are listed in the document entitled 
        ``Sealaska Cemetery Sites and Historical Places'' and dated 
        October 17, 2012;</DELETED>
        <DELETED>    (2) that are cemetery sites and historical places 
        included in the report by Wilsey and Ham, Inc., entitled ``1975 
        Native Cemetery and Historic Sites of Southeast Alaska 
        (Preliminary Report)'' and dated October 1975;</DELETED>
        <DELETED>    (3) for which Sealaska has not previously 
        submitted an application; and</DELETED>
        <DELETED>    (4) that are not located within a conservation 
        system unit (as defined in section 102 of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3102)).</DELETED>
<DELETED>    (b) Procedure for Evaluating Applications.--Except as 
otherwise provided in this section, the Secretary shall consider all 
applications submitted under this section in accordance with the 
criteria and procedures set forth in applicable regulations in effect 
as of the date of enactment of this Act.</DELETED>
<DELETED>    (c) Conveyance.--The Secretary may convey cemetery sites 
and historical places under this section that result in the conveyance 
of a total of approximately 490 acres of Federal land comprised of 
parcels that are--</DELETED>
        <DELETED>    (1) applied for in accordance with this section; 
        and</DELETED>
        <DELETED>    (2) subject to--</DELETED>
                <DELETED>    (A) valid existing rights;</DELETED>
                <DELETED>    (B) the public access provisions of 
                subsection (g);</DELETED>
                <DELETED>    (C) the condition that the conveyance of 
                land for the site listed under subsection (a)(1) as 
                ``Bay of Pillars Portage'' is limited to 25 acres in 
                T.60 S., R.72 E., Sec. 28, Copper River Meridian; 
                and</DELETED>
                <DELETED>    (D) the condition that any access to or 
                use of the cemetery sites and historical places shall 
                be consistent with the management plans for adjacent 
                public land, if the management plans are more 
                restrictive than the laws (including regulations) 
                applicable under subsection (i).</DELETED>
<DELETED>    (d) Timeline.--No application for a cemetery site or 
historical place may be submitted under subsection (a) after the date 
that is 2 years after the date of enactment of this Act.</DELETED>
<DELETED>    (e) Consultation With Recognized Tribal Entity.--Sealaska 
shall--</DELETED>
        <DELETED>    (1) consult with any affected federally recognized 
        Indian tribe before submitting any application for a cemetery 
        site or historical place located within the traditional 
        territory of the Indian tribe; and</DELETED>
        <DELETED>    (2) include with each application described in 
        paragraph (1) a statement that the required consultation was 
        carried out in accordance with that paragraph.</DELETED>
<DELETED>    (f) Selection of Additional Cemetery Sites.--If Sealaska 
submits timely applications to the Secretary in accordance with 
subsections (a), (d), and (e), for all 76 sites listed under subsection 
(a)(1), and the Secretary rejects any of those applications in whole or 
in part--</DELETED>
        <DELETED>    (1) not later than 2 years after the date on which 
        the Secretary completes the conveyance of eligible cemetery 
        sites and historical places applied for under subsection (a), 
        and subject to subsection (e), Sealaska may submit applications 
        for the conveyance under section 14 (h)(1)(A) of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of 
        additional cemetery sites that are not located in a 
        conservation system unit described in (a)(4), the total acreage 
        of which, together with the cemetery sites and historical 
        places previously conveyed by the Secretary under subsection 
        (c), shall not exceed 490 acres; and</DELETED>
        <DELETED>    (2) the Secretary shall--</DELETED>
                <DELETED>    (A) consider any applications for the 
                conveyance of additional cemetery sites in accordance 
                with subsection (b); and</DELETED>
                <DELETED>    (B) if the applications are approved, 
                provide for the conveyance of the sites in accordance 
                with subsection (c).</DELETED>
<DELETED>    (g) Public Access.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), any 
        land conveyed under this section shall be subject to--
        </DELETED>
                <DELETED>    (A) the reservation of public easements 
                under section 17(b) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1616(b));</DELETED>
                <DELETED>    (B) public access across the conveyed land 
                in cases in which no reasonable alternative access 
                around the land is available, without liability to 
                Sealaska, except for willful acts, to any user by 
                reason of the use; and</DELETED>
                <DELETED>    (C) public access within 25 feet of any 
                Class I stream described in section 705(e) of the 
                Alaska National Interest Lands Conservation Act (16 
                U.S.C. 539d(e)) for noncommercial recreational and 
                subsistence fishing, without liability to Sealaska, 
                except for willful acts, to any user by reason of the 
                use.</DELETED>
        <DELETED>    (2) Limitations.--The public access and use under 
        subparagraphs (B) and (C) of paragraph (1) shall be subject 
        to--</DELETED>
                <DELETED>    (A) any reasonable restrictions that may 
                be imposed by Sealaska on the public access and use--
                </DELETED>
                        <DELETED>    (i) to ensure public 
                        safety;</DELETED>
                        <DELETED>    (ii) to protect and conduct 
                        research on the historic, archaeological, and 
                        cultural resources of the conveyed land; 
                        or</DELETED>
                        <DELETED>    (iii) to provide environmental 
                        protection;</DELETED>
                <DELETED>    (B) the condition that Sealaska post on 
                any applicable property, in accordance with State law, 
                notices of the restrictions on the public access and 
                use; and</DELETED>
                <DELETED>    (C) the condition that the public access 
                and use shall not be incompatible with or in derogation 
                of the values of the area as a cemetery site or 
                historical place, as provided in section 2653.11 of 
                title 43, Code of Federal Regulations (or a successor 
                regulation).</DELETED>
        <DELETED>    (3) Effect.--Access provided to any individual or 
        entity by paragraph (1) shall not--</DELETED>
                <DELETED>    (A) create an interest in any third party 
                in the land conveyed under this section; or</DELETED>
                <DELETED>    (B) provide standing to any third party in 
                any review of, or challenge to, any determination by 
                Sealaska with respect to the management or development 
                of the land conveyed under this section, except as 
                against Sealaska for the management of public access 
                under paragraph (2).</DELETED>
<DELETED>    (h) Prohibition on Transfer or Loss.--</DELETED>
        <DELETED>    (1) Prohibition on transfer.--Notwithstanding any 
        other provision of law, Sealaska shall not--</DELETED>
                <DELETED>    (A) alienate, transfer, assign, mortgage, 
                or pledge any cemetery site or historical place 
                conveyed under this section to any person or entity 
                other than the United States; or</DELETED>
                <DELETED>    (B) permit development or improvement of 
                the cemetery site or historical place for any use which 
                is incompatible with, or is in derogation of, the 
                values of the area as a cemetery site or historical 
                place.</DELETED>
        <DELETED>    (2) Prohibition on loss.--Notwithstanding any 
        other provision of law, any cemetery site or historical place 
        conveyed to Sealaska under this section shall be exempt from--
        </DELETED>
                <DELETED>    (A) adverse possession and similar claims 
                based on estoppel;</DELETED>
                <DELETED>    (B) real property taxes by any 
                governmental entity;</DELETED>
                <DELETED>    (C) title 11 of the United States Code or 
                a successor law, any other insolvency or moratorium 
                law, or any other law generally affecting creditors' 
                rights;</DELETED>
                <DELETED>    (D) judgments in any action at law or in 
                equity to recover sums owed or penalties incurred by 
                Sealaska or any employee, officer, director, or 
                shareholder of Sealaska; and</DELETED>
                <DELETED>    (E) involuntary distributions or 
                conveyances to any person or entity other than the 
                United States related to the involuntary dissolution of 
                Sealaska.</DELETED>
<DELETED>    (i) Treatment of Land Conveyed.--Except as otherwise 
provided in this Act, any land conveyed to Sealaska under this section 
shall be--</DELETED>
        <DELETED>    (1) considered land conveyed by the Secretary 
        under section 14(h)(1) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1613(h)(1)); and</DELETED>
        <DELETED>    (2) subject to all laws (including regulations) 
        applicable to conveyances under section 14(h)(1) of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1613(h)(1)), including 
        section 907(d) of the Alaska National Interest Lands 
        Conservation Act (43 U.S.C. 1636(d)).</DELETED>

<DELETED>SEC. 6. MISCELLANEOUS.</DELETED>

<DELETED>    (a) Special Use Authorizations.--</DELETED>
        <DELETED>    (1) In general.--On the conveyance of land to 
        Sealaska under section 4(a)--</DELETED>
                <DELETED>    (A) any guiding or outfitting special use 
                authorization issued by the Forest Service for the use 
                of the conveyed land shall terminate; and</DELETED>
                <DELETED>    (B) as a condition of the conveyance and 
                consistent with section 14(g) of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1613(g)), Sealaska 
                shall allow the holder of the special use authorization 
                terminated under subparagraph (A) to continue the 
                authorized use, subject to the terms and conditions 
                that were in the special use authorization issued by 
                the Forest Service, for--</DELETED>
                        <DELETED>    (i) the remainder of the term of 
                        the authorization; and</DELETED>
                        <DELETED>    (ii) 1 additional consecutive 10-
                        year renewal period.</DELETED>
        <DELETED>    (2) Notice of commercial activities.--Sealaska and 
        any holder of a guiding or outfitting authorization under this 
        subsection shall have a mutual obligation, subject to the 
        guiding or outfitting authorization, to inform the other party 
        of any commercial activities prior to engaging in the 
        activities on the land conveyed to Sealaska under section 
        4(a).</DELETED>
        <DELETED>    (3) Negotiation of new terms.--Nothing in this 
        subsection precludes Sealaska and the holder of a guiding or 
        outfitting authorization from negotiating a new mutually 
        agreeable guiding or outfitting authorization.</DELETED>
        <DELETED>    (4) Liability.--Neither Sealaska nor the United 
        States shall bear any liability, except for willful acts of 
        Sealaska or the United States, regarding the use and occupancy 
        of any land conveyed to Sealaska under this Act, as provided in 
        any outfitting or guiding authorization under this 
        subsection.</DELETED>
<DELETED>    (b) Roads and Facilities.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Agriculture and 
Sealaska shall negotiate in good faith to develop a binding agreement--
</DELETED>
        <DELETED>    (1) for the use of National Forest System roads 
        and related transportation facilities by Sealaska; 
        and</DELETED>
        <DELETED>    (2) the use of Sealaska roads and related 
        transportation facilities by the Forest Service.</DELETED>
<DELETED>    (c) Traditional Trade and Migration Route Designations.--
</DELETED>
        <DELETED>    (1) Designations.--</DELETED>
                <DELETED>    (A) The inside passage.--The route from 
                Yakutat to Dry Bay, as generally depicted on the map 
                entitled ``Traditional Trade and Migration Route, Neix 
                naax aan nax--The Inside Passage'' and dated October 
                17, 2012, is designated as ``Neix naax aan nax'' (``The 
                Inside Passage'').</DELETED>
                <DELETED>    (B) Canoe road.--The route from the Bay of 
                Pillars to Port Camden, as generally depicted on the 
                map entitled ``Traditional Trade and Migration Route, 
                Yakwdeiyi--Canoe Road'' and dated October 17, 2012, is 
                designated as ``Yakwdeiyi'' (``Canoe Road'').</DELETED>
                <DELETED>    (C) The people's road.--The route from 
                Portage Bay to Duncan Canal, as generally depicted on 
                the map entitled ``Traditional Trade and Migration 
                Route, Lingit Deiyi--The People's Road'' and dated 
                October 17, 2012, is designated ``Lingit Deiyi'' (``The 
                People's Road'').</DELETED>
        <DELETED>    (2) Access to traditional trade and migration 
        routes.--The culturally and historically significant trade and 
        migration routes designated by paragraph (1) shall be open to 
        travel by Sealaska and the public in accordance with applicable 
        law, subject to such terms, conditions, and special use 
        authorizations as the Secretary of Agriculture may 
        require.</DELETED>
<DELETED>    (d) Effect on Other Laws.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act delays the 
        duty of the Secretary to convey land to--</DELETED>
                <DELETED>    (A) the State 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); 
                or</DELETED>
                <DELETED>    (B) a Native Corporation under--</DELETED>
                        <DELETED>    (i) the Alaska Native Claims 
                        Settlement Act (43 U.S.C. 1601 et seq.); 
                        or</DELETED>
                        <DELETED>    (ii) the Alaska Land Transfer 
                        Acceleration Act (43 U.S.C. 1611 note; Public 
                        Law 108-452).</DELETED>
        <DELETED>    (2) Conveyances.--The Secretary shall promptly 
        proceed with the conveyance of all land necessary to fulfill 
        the final entitlement of all Native Corporations in accordance 
        with--</DELETED>
                <DELETED>    (A) the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1601 et seq.); and</DELETED>
                <DELETED>    (B) the Alaska Land Transfer Acceleration 
                Act (43 U.S.C. 1611 note; Public Law 108-
                452).</DELETED>
<DELETED>    (e) Escrow Funds.--If Sealaska files the resolution in 
accordance with section 3(a)--</DELETED>
        <DELETED>    (1) the escrow requirements of section 2 of Public 
        Law 94-204 (43 U.S.C. 1613 note) shall apply to proceeds 
        (including interest) derived from the land withdrawn under 
        section 4(b) from the date of receipt of the resolution; 
        and</DELETED>
        <DELETED>    (2) Sealaska shall have no right to any proceeds 
        (including interest) held pursuant to the escrow requirements 
        of section 2 of Public Law 94-204 (43 U.S.C. 1613 note) that 
        were derived from land originally withdrawn for selection by 
        section 16 of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1615), but not conveyed.</DELETED>
<DELETED>    (f) Maps.--</DELETED>
        <DELETED>    (1) Availability.--Each map referred to in this 
        Act shall be available in the appropriate offices of the 
        Secretary and the Secretary of Agriculture.</DELETED>
        <DELETED>    (2) Corrections.--The Secretary of Agriculture may 
        make any necessary correction to a clerical or typographical 
        error in a map referred to in this Act.</DELETED>

<DELETED>SEC. 7. CONSERVATION AREAS.</DELETED>

<DELETED>    (a) LUD II Management Areas.--If Sealaska files a 
resolution in accordance with section 3(a), section 508 of the Alaska 
National Interest Lands Conservation Act (Public Law 96-487; 104 Stat. 
4428) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(13) Bay of pillars.--Certain land which 
        comprises approximately 21,106 acres, as generally depicted on 
        the map entitled `Bay of Pillars LUD II Management Area--
        Proposed' and dated October 17, 2012.</DELETED>
        <DELETED>    ``(14) Kushneahin creek.--Certain land which 
        comprises approximately 36,624 acres, as generally depicted on 
        the map entitled `Kushneahin Creek LUD II Management Area--
        Proposed' and dated October 17, 2012.</DELETED>
        <DELETED>    ``(15) Northern prince of wales.--Certain land 
        which comprises approximately 9,064 acres, as generally 
        depicted on the map entitled `Northern Prince of Wales LUD II 
        Management Area--Proposed' and dated October 17, 
        2012.</DELETED>
        <DELETED>    ``(16) Western kosciusko.--Certain land which 
        comprises approximately 7,786 acres, as generally depicted on 
        the map entitled `Western Kosciusko LUD II Management Area--
        Proposed' and dated October 17, 2012.</DELETED>
        <DELETED>    ``(17) Eastern kosciusko.--Certain land which 
        comprises approximately 1,664 acres, as generally depicted on 
        the map entitled `Eastern Kosciusko LUD II Management Area--
        Proposed' and dated October 17, 2012.</DELETED>
        <DELETED>    ``(18) Sarkar lakes.--Certain land which comprises 
        approximately 25,402 acres, as generally depicted on the map 
        entitled `Sarkar Lakes LUD II Management Area--Proposed' and 
        dated October 17, 2012.</DELETED>
        <DELETED>    ``(19) Honker divide.--Certain land which 
        comprises approximately 15,584 acres, as generally depicted on 
        the map entitled `Honker Divide LUD II Management Area--
        Proposed' and dated October 17, 2012.</DELETED>
        <DELETED>    ``(20) Eek lake and sukkwan island.--Certain land 
        which comprises approximately 34,873 acres, as generally 
        depicted on the map entitled `Eek Lake and Sukkwan Island LUD 
        II Management Area--Proposed' and dated October 17, 
        2012.''.</DELETED>
<DELETED>    (b) No Buffer Zones.--</DELETED>
        <DELETED>    (1) In general.--The designation of the 
        conservation areas by paragraphs (13) through (20) of section 
        508 of the Alaska National Interest Lands Conservation Act 
        (Public Law 96-487; 104 Stat. 4428) (as added by subsection 
        (a)) (referred to in this subsection as the ``conservation 
        areas'') is not intended to lead to the creation of protective 
        perimeters or buffer zones around the conservation 
        areas.</DELETED>
        <DELETED>    (2) Outside activities.--The fact that activities 
        outside of the conservation areas are not consistent with the 
        purposes of the conservation areas or can be seen or heard 
        within the conservation areas shall not preclude the activities 
        or uses outside the boundary of the conservation 
        areas.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southeast Alaska Native Land 
Entitlement Finalization and Jobs Protection Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Maps.--The term ``maps'' means the maps entitled 
        ``Sealaska Land Entitlement Finalization'', numbered 1 through 
        18, and dated June 14, 2013.
            (2) Sealaska.--The term ``Sealaska'' means the Sealaska 
        Corporation, a Regional Native Corporation established under 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Alaska.

SEC. 3. FINALIZATION OF ENTITLEMENT.

    (a) In General.--If, not later than 90 days after the date of 
enactment of this Act, the Secretary receives a corporate resolution 
adopted by the board of directors of Sealaska agreeing to accept the 
conveyance of land described in subsection (b) in accordance with this 
Act as full and final satisfaction of the remaining land entitlement of 
Sealaska under section 14(h) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1613(h)), the Secretary shall--
            (1) implement the provisions of this Act; and
            (2) charge the entitlement pool under section 14(h)(8) of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) 
        70,075 acres, reduced by the number of acres deducted under 
        subsection (b)(2), in fulfillment of the remaining land 
        entitlement for Sealaska under that Act, notwithstanding 
        whether the surveyed acreage of the 18 parcels of land 
        generally depicted on the maps as ``Sealaska Selections'' and 
        patented under section 4 is less than or more than 69,585 
        acres, reduced by the number of acres deducted under subsection 
        (b)(2).
    (b) Final Entitlement.--
            (1) In general.--Except as provided in paragraph (2), the 
        70,075 acres of land described in subsection (a) shall consist 
        of--
                    (A) the 18 parcels of Federal land comprising 
                approximately 69,585 acres that is generally depicted 
                as ``Sealaska Selections'' on the maps; and
                    (B) a total of not more than 490 acres of Federal 
                land for cemetery sites and historical places comprised 
                of parcels that are applied for in accordance with 
                section 5.
            (2) Deduction.--
                    (A) In general.--The Secretary shall deduct from 
                the number of acres of Federal land described in 
                paragraph (1)(A) the number of acres of Federal land 
                for which the Secretary has issued a conveyance under 
                section 14(h)(8) of the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1613(h)(8)) during the period beginning 
                on August 1, 2012, and ending on the date of receipt of 
                the resolution under subsection (a).
                    (B) Agreement.--The Secretary, the Secretary of 
                Agriculture, and Sealaska shall negotiate in good faith 
                to make a mutually agreeable adjustment to the parcel 
                of Federal land generally depicted on the maps numbered 
                1 and 18 to implement the deduction of acres required 
                by subparagraph (A).
    (c) Effect of Acceptance.--The resolution filed by Sealaska in 
accordance with subsection (a) shall--
            (1) be final and irrevocable; and
            (2) without any further administrative action by the 
        Secretary, result in--
                    (A) the relinquishment of all existing selections 
                made by Sealaska under subsection 14(h)(8) of the 
                Alaska Native Claims Settlement Act (43 U.S.C. 
                1613(h)(8)); and
                    (B) the termination of all withdrawals by section 
                16 of the Alaska Native Claims Settlement Act (43 
                U.S.C. 1615), except to the extent a selection by a 
                Village Corporation under subsections (b) and (d) of 
                section 16 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1615) remains pending, until the date on 
                which those selections are resolved.
    (d) Failure To Accept.--If Sealaska fails to file the resolution in 
accordance with subsection (a)--
            (1) the provisions of this Act shall cease to be effective, 
        except as otherwise provided in this section;
            (2) the Secretary shall, not later than 5 years after the 
        date of enactment of this Act, complete the interim conveyance 
        of the remaining land entitlement to Sealaska under section 
        14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(8)) from prioritized selections on file with the 
        Secretary on the date of enactment of this Act; and
            (3)(A) 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)) shall be 70,075 acres, provided that the 
        Secretary shall deduct the number of acres of Federal land for 
        which the Secretary has issued a conveyance under section 
        14(h)(8) of that Act (43 U.S.C. 1613(h)(8)) during the period 
        beginning on August 1, 2012, and ending 90 days after the date 
        of enactment of this Act; and
            (B) if the Governor of the State does not approve the 
        prioritized selections of Sealaska in the Saxman or Yakutat 
        withdrawal areas as required by subsection 14(h)(8)(B) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)(B)) 
        by the date that is 42 months after the date of enactment of 
        this Act, the Secretary shall reject those selections and 
        fulfill the remaining land entitlement of Sealaska from the 
        remaining prioritized selections on file with the Secretary on 
        the date of enactment of this Act.
    (e) Scope of Law.--Except as provided in subsections (d) and (f), 
this Act provides the exclusive authority under which the remaining 
land entitlement of Sealaska under section 14(h) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1613(h)) may be fulfilled.
    (f) Effect.--Nothing in this Act affects any land that is--
            (1) the subject of an application under subsection (h)(1) 
        of section 14 of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613) that is pending on the date of enactment of this 
        Act; and
            (2) conveyed in accordance with that subsection.

SEC. 4. CONVEYANCES TO SEALASKA.

    (a) Interim Conveyance.--
            (1) In general.--Subject to valid existing rights, 
        subsections (c), (d), and (e), section 3(b), and section 6(a), 
        the Secretary shall complete the interim conveyance of the 18 
        parcels of Federal land comprising approximately 69,585 acres 
        generally depicted on the maps by the date that is 60 days 
        after the date of receipt of the resolution under section 3(a), 
        subject to the Secretary identifying and reserving, by the date 
        that is 2 years after the date of enactment of this Act, any 
        easement under section 17(b) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1616(b)) that could have been 
        reserved prior to the interim conveyance.
            (2) Failure to reserve easements by deadline.--If the 
        Secretary does not complete the reservation of easements under 
        paragraph (1) by the date that is 2 years after the date of 
        enactment of this Act, the Secretary shall reserve the 
        easements as soon as practicable after that date.
    (b) Withdrawal.--
            (1) In general.--Subject to valid existing rights, the 
        Federal land described in subsection (a) is withdrawn from--
                    (A) all forms of appropriation under the public 
                land laws;
                    (B) location, entry, and patent under the mining 
                laws;
                    (C) disposition under laws relating to mineral or 
                geothermal leasing; and
                    (D) 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).
            (2) Termination.--The withdrawal under paragraph (1) shall 
        remain in effect until--
                    (A) if Sealaska fails to file a resolution in 
                accordance with section 3(a), the date that is 90 days 
                after the date of enactment of this Act; or
                    (B) the date on which the Federal land is conveyed 
                under subsection (a).
    (c) Treatment of Land Conveyed.--Except as otherwise provided in 
this Act, any land conveyed to Sealaska under subsection (a) shall be--
            (1) considered to be land conveyed by the Secretary under 
        section 14(h)(8) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613(h)(8)); and
            (2) subject to all laws (including regulations) applicable 
        to entitlements under section 14(h)(8) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(8)), including section 
        907(d) of the Alaska National Interest Lands Conservation Act 
        (43 U.S.C. 1636(d)).
    (d) Easements.--
            (1) Public easements.--
                    (A) In general.--The interim conveyance and patents 
                for the land under subsection (a) shall be subject to 
                the reservation of public easements under section 17(b) 
                of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1616(b)).
                    (B) Termination.--No public easement reserved on 
                land conveyed under subsection (a) shall be terminated 
                without publication of notice of the proposed 
                termination in the Federal Register.
                    (C) Reservation of easements.--In the interim 
                conveyance and patents for the land under subsection 
                (a), the Secretary shall reserve the right of the 
                Secretary to amend the interim conveyance and patents 
                to include reservations of public easements under 
                section 17(b) of the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1616(b)) until the completion of the 
                easement reservation process.
            (2) Conservation easements.--
                    (A) In general.--In the interim conveyance and 
                patents for the land under subsection (a), the 
                Secretary shall reserve a conservation easement to 
                protect the aquatic and riparian habitat extending 100 
                feet on each side of the anadromous water bodies 
                depicted as ``100 Foot Conservation Easement'' on the 
                maps numbered 3, 4, and 6.
                    (B) Prohibition.--The commercial harvest of timber 
                within the conservation easements described in 
                subparagraph (A) shall be prohibited, except that 
                Sealaska may, for the purpose of harvesting timber 
                outside of the conservation easement--
                            (i) maintain roads within the conservation 
                        easement that are in existence on the date of 
                        enactment of this Act; and
                            (ii) construct temporary roads and yarding 
                        corridors across the conservation easements in 
                        accordance with the applicable National Forest 
                        System construction standards.
                    (C) Administration.--The Secretary of Agriculture 
                shall administer the conservation easements described 
                in subparagraph (A).
            (3) Research easement.--In the interim conveyance and 
        patent for the land generally depicted on the map numbered 7, 
        the Secretary shall reserve an easement--
                    (A) to access and continue Forest Service research 
                activities on the study plots located on the land; and
                    (B) that shall remain in effect for a 10-year 
                period beginning on the date of enactment of this Act.
            (4) Koscuisko island road easement.--
                    (A) In general.--Concurrently with the conveyance 
                of land under subsection (a), the Secretary shall grant 
                to Sealaska an easement on Koscuisko Island providing 
                access to and use by Sealaska of the sort yard and all 
                other upland facilities at the sort yard that are 
                associated with the transfer of logs to the marine 
                environment, subject to--
                            (i) the agreement under subparagraph (C); 
                        and
                            (ii) the agreement under section 6(b).
                    (B) Scope of the easement.--The easement under 
                subparagraph (A) shall enable Sealaska--
                            (i) to construct, use, and maintain a road 
                        connecting the National Forest System Road 
                        known as ``Cape Pole Road'' to the National 
                        Forest System Road known as ``South Shipley Bay 
                        Road'' within the corridor depicted on the map 
                        numbered 3;
                            (ii) to use, maintain, and if necessary, 
                        reconstruct the National Forest System Road 
                        known as ``South Shipley Bay Road'' referred to 
                        in clause (i) to access the sort yard and 
                        associated upland facilities at Shipley Bay; 
                        and
                            (iii) to use, maintain, and expand the sort 
                        yard and associated upland facilities at 
                        Shipley Bay that are within the area depicted 
                        on the map numbered 3.
                    (C) Roads and facilities use agreement.--In 
                addition to the agreement under section 6(b), the 
                Secretary of Agriculture and Sealaska shall enter into 
                an agreement relating to the access, use, maintenance, 
                and improvement of the roads and facilities under this 
                paragraph.
                    (D) Effect.--Nothing in this paragraph preempts or 
                otherwise affects State or local regulatory authority.
    (e) Hunting, Fishing, and Recreation.--
            (1) In general.--Any land conveyed under subsection (a) 
        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 remain open and available to subsistence 
        uses, noncommercial recreational hunting and fishing, and other 
        noncommercial recreational uses by the public under applicable 
        law--
                    (A) without liability on the part of Sealaska, 
                except for willful acts, to any user as a result of the 
                use; and
                    (B) subject to--
                            (i) any reasonable restrictions that may be 
                        imposed by Sealaska on the public use--
                                    (I) to ensure public safety;
                                    (II) to minimize conflicts between 
                                recreational and commercial uses;
                                    (III) to protect cultural 
                                resources;
                                    (IV) to conduct scientific 
                                research; or
                                    (V) to provide environmental 
                                protection; and
                            (ii) the condition that Sealaska post on 
                        any applicable property, in accordance with 
                        State law, notices of the restrictions on use.
            (2) Effect.--Access provided to any individual or entity 
        under paragraph (1) shall not--
                    (A) create an interest in any third party in the 
                land conveyed under subsection (a); or
                    (B) provide standing to any third party in any 
                review of, or challenge to, any determination by 
                Sealaska with respect to the management or development 
                of the land conveyed under subsection (a), except as 
                against Sealaska for the management of public access 
                under paragraph (1).

SEC. 5. CEMETERY SITES AND HISTORICAL PLACES.

    (a) In General.--Notwithstanding section 14(h)(1)(E) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may 
submit applications for the conveyance under section 14(h)(1)(A) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of not 
more than 76 cemetery sites and historical places--
            (1) that are listed in the document entitled ``Sealaska 
        Cemetery Sites and Historical Places'' and dated October 17, 
        2012;
            (2) that are cemetery sites and historical places included 
        in the report by Wilsey and Ham, Inc., entitled ``1975 Native 
        Cemetery and Historic Sites of Southeast Alaska (Preliminary 
        Report)'' and dated October 1975;
            (3) for which Sealaska has not previously submitted an 
        application; and
            (4) that are not located within a conservation system unit 
        (as defined in section 102 of the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3102)).
    (b) Procedure for Evaluating Applications.--Except as otherwise 
provided in this section, the Secretary shall consider all applications 
submitted under this section in accordance with the criteria and 
procedures set forth in applicable regulations in effect as of the date 
of enactment of this Act.
    (c) Conveyance.--If approved under the procedures described in 
subsection (b), the Secretary shall convey cemetery sites and 
historical places that result in the conveyance of a total of 
approximately 490 acres of Federal land comprised of parcels that are--
            (1) applied for in accordance with this section; and
            (2) subject to--
                    (A) valid existing rights;
                    (B) the public access provisions of subsection (g);
                    (C) the condition that the conveyance of land for 
                the site listed under subsection (a)(1) as ``Bay of 
                Pillars Portage'' is limited to not more than 25 acres 
                in T.60 S., R.72 E., Sec. 28, Copper River Meridian; 
                and
                    (D) the condition that any access to or use of the 
                cemetery sites and historical places shall be 
                consistent with the management plans for adjacent 
                public land, if the management plans are more 
                restrictive than the laws (including regulations) 
                applicable under subsection (i).
    (d) Timeline.--No application for a cemetery site or historical 
place may be submitted under subsection (a) after the date that is 2 
years after the date of enactment of this Act.
    (e) Consultation With Recognized Tribal Entity.--Sealaska shall--
            (1) consult with any affected federally recognized Indian 
        tribe before submitting any application for a cemetery site or 
        historical place located within the vicinity of the Indian 
        tribe; and
            (2) include with each application described in paragraph 
        (1) a statement that the required consultation was carried out 
        in accordance with that paragraph.
    (f) Selection of Additional Cemetery Sites.--If Sealaska submits 
timely applications to the Secretary in accordance with subsections 
(a), (d), and (e), for all 76 sites listed under subsection (a)(1), and 
the Secretary rejects any of those applications in whole or in part--
            (1) not later than 2 years after the date on which the 
        Secretary completes the conveyance of eligible cemetery sites 
        and historical places applied for under subsection (a), and 
        subject to subsection (e), Sealaska may submit applications for 
        the conveyance under section 14 (h)(1)(A) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of additional 
        cemetery sites that are not located in a conservation system 
        unit described in (a)(4), the total acreage of which, together 
        with the cemetery sites and historical places previously 
        conveyed by the Secretary under subsection (c), shall not 
        exceed 490 acres; and
            (2) the Secretary shall--
                    (A) consider any applications for the conveyance of 
                additional cemetery sites in accordance with subsection 
                (b); and
                    (B) if the applications are approved, provide for 
                the conveyance of the sites in accordance with 
                subsection (c).
    (g) Public Access.--
            (1) In general.--Subject to paragraph (2), any land 
        conveyed under this section shall be subject to--
                    (A) the reservation of public easements under 
                section 17(b) of the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1616(b));
                    (B) public access across the conveyed land in cases 
                in which no reasonable alternative access around the 
                land is available, without liability to Sealaska, 
                except for willful acts, to any user by reason of the 
                use; and
                    (C) public access to and along any Class I stream 
                described in section 705(e) of the Alaska National 
                Interest Lands Conservation Act (16 U.S.C. 539d(e)) for 
                noncommercial recreational and subsistence fishing, 
                without liability to Sealaska, except for willful acts, 
                to any user by reason of the use.
            (2) Limitations.--The public access and use under 
        subparagraphs (B) and (C) of paragraph (1) shall be subject 
        to--
                    (A) any reasonable restrictions that may be imposed 
                by Sealaska on the public access and use--
                            (i) to ensure public safety;
                            (ii) to protect and conduct research on the 
                        historic, archaeological, and cultural 
                        resources of the conveyed land; or
                            (iii) to provide environmental protection;
                    (B) the condition that Sealaska post on any 
                applicable property, in accordance with State law, 
                notices of the restrictions on the public access and 
                use; and
                    (C) the condition that the public access and use 
                shall not be incompatible with or in derogation of the 
                values of the area as a cemetery site or historical 
                place, as provided in section 2653.11 of title 43, Code 
                of Federal Regulations (or a successor regulation).
            (3) Effect.--Access provided to any individual or entity by 
        paragraph (1) shall not--
                    (A) create an interest in any third party in the 
                land conveyed under this section; or
                    (B) provide standing to any third party in any 
                review of, or challenge to, any determination by 
                Sealaska with respect to the management or development 
                of the land conveyed under this section, except as 
                against Sealaska for the management of public access 
                under paragraph (2).
    (h) Prohibition on Transfer or Loss.--
            (1) Prohibition on transfer.--Notwithstanding any other 
        provision of law, Sealaska shall not--
                    (A) alienate, transfer, assign, mortgage, or pledge 
                any cemetery site or historical place conveyed under 
                this section to any person or entity other than the 
                United States; or
                    (B) permit development or improvement of the 
                cemetery site or historical place for any use which is 
                incompatible with, or is in derogation of, the values 
                of the area as a cemetery site or historical place.
            (2) Prohibition on loss.--Notwithstanding any other 
        provision of law, any cemetery site or historical place 
        conveyed to Sealaska under this section shall be exempt from--
                    (A) adverse possession and similar claims based on 
                estoppel;
                    (B) title 11 of the United States Code or a 
                successor law, any other insolvency or moratorium law, 
                or any other law generally affecting creditors' rights;
                    (C) judgments in any action at law or in equity to 
                recover sums owed or penalties incurred by Sealaska or 
                any employee, officer, director, or shareholder of 
                Sealaska, except for liens from real property taxes; 
                and
                    (D) involuntary distributions or conveyances to any 
                person or entity other than the United States related 
                to the involuntary dissolution of Sealaska.
    (i) Treatment of Land Conveyed.--Except as otherwise provided in 
this Act, any land conveyed to Sealaska under this section shall be--
            (1) considered land conveyed by the Secretary under section 
        14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(1)); and
            (2) subject to all laws (including regulations) applicable 
        to conveyances under section 14(h)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(1)), including section 
        907(d) of the Alaska National Interest Lands Conservation Act 
        (43 U.S.C. 1636(d)).

SEC. 6. MISCELLANEOUS.

    (a) Special Use Authorizations.--
            (1) In general.--On the conveyance of land to Sealaska 
        under section 4(a)--
                    (A) any guiding or outfitting special use 
                authorization issued by the Forest Service for the use 
                of the conveyed land shall terminate; and
                    (B) as a condition of the conveyance and consistent 
                with section 14(g) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1613(g)), Sealaska shall 
                issue the holder of the special use authorization 
                terminated under subparagraph (A) an authorization to 
                continue the authorized use, subject to the terms and 
                conditions that were in the special use authorization 
                issued by the Forest Service, for--
                            (i) the remainder of the term of the 
                        authorization; and
                            (ii) 1 additional consecutive 10-year 
                        renewal period.
            (2) Notice of commercial activities.--Sealaska and any 
        holder of a guiding or outfitting authorization under this 
        subsection shall have a mutual obligation, subject to the 
        guiding or outfitting authorization, to inform the other party 
        of any commercial activities prior to engaging in the 
        activities on the land conveyed to Sealaska under section 4(a).
            (3) Negotiation of new terms.--Nothing in this subsection 
        precludes Sealaska and the holder of a guiding or outfitting 
        authorization from negotiating a new mutually agreeable guiding 
        or outfitting authorization.
            (4) Liability.--Neither Sealaska nor the United States 
        shall bear any liability, except for willful acts of Sealaska 
        or the United States, regarding the use and occupancy of any 
        land conveyed to Sealaska under this Act, as provided in any 
        outfitting or guiding authorization under this subsection.
    (b) Roads and Facilities.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Agriculture and Sealaska shall 
negotiate in good faith to develop a binding agreement--
            (1) for the use of National Forest System roads and related 
        transportation facilities by Sealaska; and
            (2) the use of Sealaska roads and related transportation 
        facilities by the Forest Service.
    (c) Traditional Trade and Migration Routes.--
            (1) Identification of routes.--
                    (A) The inside passage.--The route from Yakutat to 
                Dry Bay, as generally depicted on the map entitled 
                ``Traditional Trade and Migration Route, Neix naax aan 
                nax--The Inside Passage'' and dated April 22, 2013, 
                shall be known as ``Neix naax aan nax'' (``The Inside 
                Passage'').
                    (B) Canoe road.--The route from the Bay of Pillars 
                to Port Camden, as generally depicted on the map 
                entitled ``Traditional Trade and Migration Route, 
                Yakwdeiyi--Canoe Road'' and dated April 22, 2013, shall 
                be known as ``Yakwdeiyi'' (``Canoe Road'').
                    (C) The people's road.--The route from Portage Bay 
                to Duncan Canal, as generally depicted on the map 
                entitled ``Traditional Trade and Migration Route, 
                Lingit Deiyi--The People's Road'' and dated April 22, 
                2013, shall be known as ``Lingit Deiyi'' (``The 
                People's Road'').
            (2) Access to traditional trade and migration routes.--The 
        culturally and historically significant trade and migration 
        routes described in paragraph (1) shall be open to travel by 
        Sealaska and the public in accordance with applicable law, 
        subject to such terms, conditions, and special use 
        authorizations as the Secretary of Agriculture may require.
    (d) Tongass National Forest Young Growth Management.--
            (1) In general.--Notwithstanding subsection (m) of section 
        6 of the Forest and Rangeland Renewable Resources Planning Act 
        of 1974 (16 U.S.C. 1604) and in addition to the authority 
        provided under that subsection and the terms of section 705(a) 
        of the Alaska National Interest Lands Conservation Act (16 
        U.S.C. 539d(a)), the Secretary of Agriculture may allow the 
        harvest of trees prior to the culmination of mean annual 
        increment of growth in areas that are available for commercial 
        timber harvest under the Tongass National Forest Land and 
        Resource Management Plan to facilitate the transition from 
        commercial timber harvest of old growth stands.
            (2) Limitation.--Any sale of trees pursuant to the 
        authority granted under paragraph (1) shall not--
                    (A) exceed 15,000 acres during the 10-year period 
                beginning on the date of enactment of this Act, with an 
                annual maximum of 3,000 acres sold;
                    (B) exceed a total of 50,000 acres, with an annual 
                maximum of 5,000 acres sold after the first 10-year 
                period;
                    (C) be advertised if the indicated rate is deficit 
                (defined as the value of the timber is not sufficient 
                to cover all logging and stumpage costs and provide a 
                normal profit and risk allowance under the appraisal 
                process of the Forest Service) when appraised using a 
                residual value appraisal; or
                    (D) apply to land withdrawn under section 4(b).
            (3) Applicable law.--Nothing in this Act affects the 
        requirement under section 705(a) of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 539d(a)) that the 
        Forest Service seek to meet demand for timber from the Tongass 
        National Forest.
    (e) Effect on Other Laws.--
            (1) In general.--Nothing in this Act delays the duty of the 
        Secretary to convey land to--
                    (A) the State 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); or
                    (B) a Native Corporation under--
                            (i) the Alaska Native Claims Settlement Act 
                        (43 U.S.C. 1601 et seq.); or
                            (ii) the Alaska Land Transfer Acceleration 
                        Act (43 U.S.C. 1611 note; Public Law 108-452).
            (2) Conveyances.--The Secretary shall promptly proceed with 
        the conveyance of all land necessary to fulfill the final 
        entitlement of all Native Corporations in accordance with--
                    (A) the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.); and
                    (B) the Alaska Land Transfer Acceleration Act (43 
                U.S.C. 1611 note; Public Law 108-452).
            (3) Fish and wildlife.--Nothing in this Act enlarges or 
        diminishes the responsibility and authority of the State with 
        respect to the management of fish and wildlife on public land 
        in the State.
    (f) Escrow Funds.--If Sealaska files the resolution in accordance 
with section 3(a)--
            (1) the escrow requirements of section 2 of Public Law 94-
        204 (43 U.S.C. 1613 note) shall apply to proceeds (including 
        interest) derived from the land withdrawn under section 4(b) 
        from the date of receipt of the resolution; and
            (2) Sealaska shall have no right to any proceeds (including 
        interest) held pursuant to the escrow requirements of section 2 
        of Public Law 94-204 (43 U.S.C. 1613 note) that were derived 
        from land originally withdrawn for selection by section 16 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1615), but 
        not conveyed.
    (g) Maps.--
            (1) Availability.--Each map referred to in this Act shall 
        be available in the appropriate offices of the Secretary and 
        the Secretary of Agriculture.
            (2) Corrections.--The Secretary of Agriculture may make any 
        necessary correction to a clerical or typographical error in a 
        map referred to in this Act.

SEC. 7. CONSERVATION AREAS.

    (a) LUD II Management Areas.--If Sealaska files a resolution in 
accordance with section 3(a), section 508 of the Alaska National 
Interest Lands Conservation Act (Public Law 96-487; 104 Stat. 4428) is 
amended by adding at the end the following:
            ``(13) Bay of pillars.--Certain land which comprises 
        approximately 20,863 acres, as generally depicted on the map 
        entitled `Bay of Pillars LUD II Management Area--Proposed' and 
        dated June 14, 2013.
            ``(14) Kushneahin creek.--Certain land which comprises 
        approximately 33,613 acres, as generally depicted on the map 
        entitled `Kushneahin Creek LUD II Management Area--Proposed' 
        and dated June 14, 2013.
            ``(15) Northern prince of wales.--Certain land which 
        comprises approximately 8,728 acres, as generally depicted on 
        the map entitled `Northern Prince of Wales LUD II Management 
        Area--Proposed' and dated June 14, 2013.
            ``(16) Western kosciusko.--Certain land which comprises 
        approximately 8,012 acres, as generally depicted on the map 
        entitled `Western Kosciusko LUD II Management Area--Proposed' 
        and dated June 14, 2013.
            ``(17) Eastern kosciusko.--Certain land which comprises 
        approximately 1,664 acres, as generally depicted on the map 
        entitled `Eastern Kosciusko LUD II Management Area--Proposed' 
        and dated June 14, 2013.
            ``(18) Sarkar lakes.--Certain land which comprises 
        approximately 24,509 acres, as generally depicted on the map 
        entitled `Sarkar Lakes LUD II Management Area--Proposed' and 
        dated June 14, 2013.
            ``(19) Honker divide.--Certain land which comprises 
        approximately 19,805 acres, as generally depicted on the map 
        entitled `Honker Divide LUD II Management Area--Proposed' and 
        dated June 14, 2013.
            ``(20) Eek lake and sukkwan island.--Certain land which 
        comprises approximately 34,873 acres, as generally depicted on 
        the map entitled `Eek Lake and Sukkwan Island LUD II Management 
        Area--Proposed' and dated June 14, 2013.''.
    (b) No Buffer Zones.--
            (1) In general.--The designation of the conservation areas 
        by paragraphs (13) through (20) of section 508 of the Alaska 
        National Interest Lands Conservation Act (Public Law 96-487; 
        104 Stat. 4428) (as added by subsection (a)) (referred to in 
        this subsection as the ``conservation areas'') is not intended 
        to lead to the creation of protective perimeters or buffer 
        zones around the conservation areas.
            (2) Outside activities.--The fact that activities outside 
        of the conservation areas are not consistent with the purposes 
        of the conservation areas or can be seen or heard within the 
        conservation areas shall not preclude the activities or uses 
        outside the boundary of the conservation areas.
                                                       Calendar No. 176

113th CONGRESS

  1st Session

                                 S. 340

                          [Report No. 113-98]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 10, 2013

                       Reported with an amendment