94 HR 9496 IH: Alaska Land Conveyances and Trails Act U.S. House of Representatives 2022-12-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 9496IN THE HOUSE OF REPRESENTATIVESDecember 12, 2022Mrs. Peltola introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo provide for the conveyance to the University of Alaska of certain public land in the State of Alaska, to amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility for certain programs, to amend the National Trails System Act to designate the Chilkoot National Historic Trail and to provide for a study of the Alaska Long Trail, and for other purposes.

1.

Short title

This Act may be cited as the Alaska Land Conveyances and Trails Act.

2.

Conveyances to the University of Alaska

(a)

Definitions

In this section:(1)

Available state-selected land

The term available State-selected land means Federal land in the State that has been selected by the State pursuant to section 6(b) of Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21), including land upon which the State has, prior to December 31, 1993, filed a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)), but not conveyed or patented to the State, pursuant to Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21).(2)

Inholding

The term inholding means any interest in land owned by the University within—(A)any conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)); or(B)any unit of the National Forest System in the State.(3)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.(4)

State

The term State means the State of Alaska.(5)

University

The term University means the University of Alaska, acting through the Board of Regents.(b)

Establishment

The Secretary shall establish a program within the Bureau of Land Management—(1)to identify and convey available State-selected land to the University to support higher education in the State; and(2)to acquire, by purchase or exchange, University-owned inholdings in the State.(c)

Identification of land To be conveyed to the university

(1)

In general

Not later than 4 years after the date of enactment of this Act, the State and the University may jointly identify not more than 500,000 acres of available State-selected land for inclusion in the program established under subsection (b), of which not more than 360,000 acres may be conveyed and patented to the University.(2)

Technical assistance

On the request of the State and the University, the Secretary shall provide technical assistance in the identification of available State-selected land for inclusion in the program established under subsection (b).(3)

Maps

As soon as practicable after the date on which the available State-selected land is identified under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives 1 or more maps depicting the available State-selected land identified for potential conveyance to the University.(4)

Conveyance

Subject to paragraph (5), if the State and the University notify the Secretary in writing that the State and the University jointly concur with the conveyance of all or a portion of the available State-selected land identified under paragraph (1), and that the State will conditionally relinquish the selection rights of the State to the land covered by the notification on the issuance of the land being tentatively approved, and will fully relinquish those selection rights on final patent by the Secretary to the University, the Secretary shall convey the applicable identified available State-selected land to the University, subject to valid existing rights, in the same manner and subject to the same terms, conditions, and limitations as is applicable to the State under section 6(b) of Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21) and other applicable law, to be held in trust for the exclusive use and benefit of the University, to be administered in accordance with subsection (e).(5)

Terms and conditions

(A)

Maximum acreage

Subject to subparagraph (C), the Secretary shall convey not more than a total of 360,000 acres of available State-selected land to the University under this subsection, not to exceed the remaining entitlement of the State under section 6(b) of Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21).(B)

Letters of concurrence

For purposes of paragraph (4) and subject to the maximum acreage limitation under paragraph (1), the State and the University may submit to the Secretary 1 or more joint letters of concurrence identifying parcels of available State selected land for conveyance as a subset of the total acres to be conveyed under this subsection.(C)

Acreage charged against alaska statehood act entitlement

The acreage of land conveyed to the University under this subsection shall be charged against the remaining entitlement of the State under section 6(b) of Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21).(D)

Survey costs

In accordance with Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21), the Secretary shall be responsible for the costs of required surveys.(E)

Submerged lands

Lands beneath navigable waters (as defined in section 2 of the Submerged Lands Act (43 U.S.C. 1301)) shall not be available for conveyance to the University under the program established under subsection (b).(d)

University of Alaska inholdings

(1)

In general

The Secretary or the Secretary of Agriculture, as appropriate, may acquire by purchase or exchange, with the consent of the University, University-owned inholdings within Federal land in the State.(2)

Appraisals

The value of the land to be exchanged or acquired under this subsection shall be determined by the Secretary or the Secretary of Agriculture, as appropriate, through appraisals conducted—(A)in accordance with—(i)the Uniform Appraisal Standards for Federal Land Acquisitions; and(ii)the Uniform Standards of Professional Appraisal Practice; and(B)by a qualified appraiser mutually agreed to by the Secretary or the Secretary of Agriculture, as appropriate, and the University.(3)

Equal value exchanges

For any land exchange entered into under this subsection, the Federal land and University-owned inholdings exchanged shall be of equal value.(4)

Purchase acquisitions

Pursuant to chapter 2003 of title 54, United States Code, amounts in the Land and Water Conservation Fund established by section 200302 of that title may be used for the purchase of University-owned inholdings within Federal land in the State under this subsection.(5)

Requirement

Any land acquired by the United States under this subsection shall be administered in accordance with the laws (including regulations) applicable to the conservation system unit or unit of the National Forest System in which the land is located.(e)

Administration of conveyed or exchanged land

All available State-selected land that is tentatively approved or conveyed to the University under this section, and all land or assets acquired by the University through an exchange under this section, together with the income therefrom and the proceeds from any dispositions thereof, shall be administered by the University in trust to meet the necessary expenses of higher education programs, similar to prior Federal land grants to the University.(f)

State and university participation

Nothing in this section requires the State or the University—(1)to participate in the program established under subsection (b); or(2)to enter into sales or exchanges of University-owned inholdings under subsection (d).(g)

Congressional notification

Not later than 90 days after the date of any conveyance and patent to the University under this section, the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of the land conveyed and patented.(h)

No effect on Alaska statehood act entitlement

Except for any available State-selected land conveyed under subsection (c) and charged against the remaining entitlement of the State under section 6(b) of Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21)—(1)the operation of the program established under subsection (b) shall not diminish or alter the rights of the State to receive the entitlement of the State in any way; and (2)the State may continue to pursue the transfer of the remaining entitlement of the State under section 6(b) of Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21) at any time.

3.

Exclusion of certain settlement trust payments to certain Alaska Natives for purposes of determining eligibility for certain Federal programs

Section 29(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)) is amended, in the undesignated matter following paragraph (3), by striking subparagraph (E) and inserting the following:(E)an interest in a Settlement Trust or an amount distributed from or benefit provided by a Settlement Trust to a Native or descendant of a Native who is an aged, blind, or disabled individual (as defined in section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)))..

4.

Chilkoot National Historic Trail; Alaska Long National Scenic Trail study

(a)

Designation of the Chilkoot National Historic Trail

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:(31)

Chilkoot National Historic Trail

(A)

Definition of Indian Tribe

In this paragraph, the term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(B)

Designation

The Chilkoot National Historic Trail, an approximately 16.5-mile route within the Klondike Gold Rush National Historical Park that was traditionally used as a trading route by the Tlingit and Tagish people and as the primary route by which people made their way to the Klondike during the gold rush, as generally depicted on the map entitled Proposed Chilkoot National Historic Trail, numbered KLGO–461–173787, and dated October 2020.(C)

Availability of map

The map described in subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service.(D)

Administration

(i)

In general

The Chilkoot National Historic Trail shall be administered by the Secretary of the Interior, in consultation and coordination with affected Indian Tribes.(ii)

Contracts, compacts, and agreements

The Secretary of the Interior may enter into contracts, compacts, and cooperative agreements with Indian Tribes to protect, preserve, maintain, interpret, or operate any site, service, or property included within or outside the Klondike Gold Rush National Historical Park that is associated with the Chilkoot National Historic Trail.(iii)

Funding agreements

The Secretary of the Interior may enter into funding agreements with Indian Tribes to encourage Tribal participation in the planning, protection, operation, development, or maintenance of the Chilkoot National Historic Trail in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).(E)

Effect

The designation of the Chilkoot National Historic Trail shall not affect any authorities under Public Law 94–323 (16 U.S.C. 410bb et seq.).(F)

Coordination of activities

The Secretary of the Interior may coordinate with public and nongovernmental organizations and institutions of higher education in the United States and Canada, and, in consultation with the Secretary of State, the Government of Canada, and any political subdivisions of the Government of Canada, for the purposes of—(i)exchanging information and research relating to the Chilkoot National Historic Trail;(ii)supporting the preservation of, and educational programs relating to, the Chilkoot National Historic Trail;(iii)providing technical assistance with respect to the Chilkoot National Historic Trail; and(iv)working to establish an international historic trail incorporating the Chilkoot National Historic Trail that provides for complementary preservation and education programs in the United States and Canada..(b)

Alaska Long National Scenic Trail Study

Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following:(48)

Alaska Long Trail

(A)

In general

The Alaska Long Trail, extending approximately 500 miles from Seward, Alaska, to Fairbanks, Alaska.(B)

Requirement

The Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this paragraph as the Secretary), shall study the feasibility of designating the trail described in subparagraph (A), including evaluating the potential impacts of the trail on rights-of-way, existing rights, or other recreational uses of the land proposed to be used for the trail.(C)

Consultation

The Secretary shall conduct the study under this paragraph in consultation with—(i)the Secretary of Agriculture, acting through the Chief of the Forest Service;(ii)the State of Alaska;(iii)units of local government in the State of Alaska;(iv)applicable Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) in the State of Alaska; and(v)representatives of the private sector in the State of Alaska, including any entity that holds a permit issued by the Federal Energy Regulatory Commission..