[Congressional Record Volume 144, Number 85 (Thursday, June 25, 1998)]
[Senate]
[Pages S7223-S7224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               KAKE TRIBAL CORPORATION LAND EXCHANGE ACT

  The Senate proceeded to consider the bill (S. 1159) to amend the 
Alaska Native Claims Settlement Act, regarding the Kake Tribal 
Corporation public interest land exchange, and for other purposes, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Kake Tribal Corporation Land 
     Exchange Act''.

     SEC. 2. AMENDMENT OF SETTLEMENT ACT.

       The Alaska Native Claims Settlement Act (Public Law 92-203, 
     December 18, 1971, 85 Stat. 688, 43 U.S.C. 1601 et seq.), as 
     amended, is further amended by adding at the end thereof:

     ``SEC.    KAKE TRIBAL CORPORATION LAND EXCHANGE.

       ``(a) General.--The Secretary of Agriculture in accordance 
     with the equal value provisions of section 22(f) shall convey 
     to the Kake Tribal Corporation the Federal land as described 
     in subsection (c).
       ``(b) Title to Surface and Subsurface.--Subject to valid 
     existing rights and easements, the Secretary shall, no later 
     than the deadline specified in (c)(2) of this section, convey 
     to Kake Tribal Corporation title to the surface estate in the 
     land described in subsection (c)(2) and convey to Sealaska 
     Corporation title to the subsurface estate in that land.
       ``(c) Description and Deadlines.--The land to be conveyed 
     under this section is in the Copper River Meridian and is 
     further described as follows:
         ``(1) the surface and subsurface estates to the municipal 
     watershed land to be conveyed by Kake Tribal Corporation and 
     Sealaska to the United States no later than 90 days after the 
     effective date of this section is shown on the map dated 
     September 1, 1997, and labeled Attachment A, and is described 
     as follows:

                          MUNICIPAL WATERSHED

                               T56S, R72E

Section                                               Approximate acres
  13.................................................................82
  23................................................................118
  24................................................................635
  25................................................................640
  26................................................................346
  34..................................................................9
  35................................................................349
  36................................................................248
                                                               ________
                                                               
  Approximate total...............................................2,427
     and
       ``(2) the surface and subsurface estates to the land to be 
     conveyed to Kake Tribal Corporation and Sealaska by the 
     Secretary of Agriculture shall be lands in the Hamilton Bay 
     and Saginaw Bay areas and shall be conveyed within 180 days 
     after the conveyance of lands in subsection (c)(1); and are 
     to be selected from the lands depicted on the maps dated 
     September 1, 1997, and labeled Attachments B and C.
       ``(d) Management of Watershed.--The Secretary of 
     Agriculture shall enter into a Memorandum of Agreement with 
     the City of Kake, Alaska, to provide for management of the 
     municipal watershed.
       ``(e) Timber Manufacturing; Export Restriction.--
     Notwithstanding any other provision of law, timber harvested 
     from land conveyed to Kake Tribal Corporation under this Act 
     is not available for export as unprocessed logs from Alaska, 
     nor may Kake Tribal Corporation sell, trade, exchange, 
     substitute, or otherwise convey that timber to any person for 
     the purpose of exporting that timber from the State of 
     Alaska.
       ``(f) Relation to Other Requirements.--The land conveyed to 
     Kake Tribal Corporation and Sealaska Corporation under this 
     section shall be for all purposes, considered land conveyed 
     under the Alaska Native Claims Settlement Act.
       ``(g) Maps.--The maps referred to in this section shall be 
     maintained on file in the Office of the Chief, United States 
     Forest Service, and in the Office of the Secretary of the 
     Interior, Washington, DC. The acreage cited in this section 
     is approximate, and if a discrepancy arises between cited 
     acreage and the land depicted on the specified maps the maps 
     shall control. The maps do not constitute an attempt by the 
     United States to convey State or private land.''.
       In lieu of the Committee substitute strike all after 
     Section 1. and insert the following:

     SEC. 2. AMENDMENT OF SETTLEMENT ACT.

       The Alaska Native Claims Settlement Act (Public Law 92-203, 
     December 18, 1971, 85 Stat. 688, 43 U.S.C. 1601 et seq.), as 
     amended, is further amended by adding at the end thereof: 
     ``SEC.   . KAKE TRIBAL CORPORATION LAND EXCHANGE.
       ``(a) General.--In exchange for lands and interests therein 
     described in subsection (b), the Secretary of Agriculture 
     shall, subject to valid existing rights, convey to the Kake 
     Tribal Corporation the surface estate and to Sealaska 
     Corporation the subsurface estate of the Federal land 
     identified by Kake Tribal Corporation pursuant to subsection 
     (c): Provided, That, the exchange of lands described in this 
     section shall be on the basis of equal value.
       ``(b) The surface estate to be conveyed by Kake Tribal 
     Corporation and the subsurface estate to be conveyed by 
     Sealaska Corporation to the Secretary of Agriculture are the 
     municipal watershed lands as shown on the map dated September 
     1, 1997, and labeled Attachment A, and are further described 
     as follows:

         Municipal Watershed Copper River Meridian--T56S, R72E

Section:                                              Approximate acres
  13.................................................................82
  23................................................................118
  24................................................................635
  25................................................................640
  26................................................................346
  34..................................................................9
  35................................................................349
  36................................................................248
                                                               ________
                                                               
      Approximate total...........................................2,427

       ``(c) Within ninety (90) days of the receipt by the United 
     States of the conveyances of the surface estate and the 
     subsurface estate described in subsection (b), Kake Tribal 
     Corporation shall be entitled to identify lands in the 
     Hamilton Bay and Saginaw Bay areas, as depicted on the maps 
     dated September 1, 1997, and labeled Attachment B and C. Kake 
     Tribal Corporation shall notify the Secretary of Agriculture 
     in writing which lands Kake Tribal Corporation has 
     identified.
       ``(d) Timing of Conveyance and Valuation.--The conveyance 
     mandated by subsection (a) by the Secretary of Agriculture 
     shall occur within ninety (90) days after the

[[Page S7224]]

     list of identified lands is submitted by Kake Tribal 
     Corporation pursuant to subsection (c).
       ``(e) Management of Watershed.--The Secretary of 
     Agriculture shall enter into a Memorandum of Agreement with 
     the City of Kake, Alaska, to provide for management of the 
     municipal watershed.
       ``(f) Timber Manufacturing; Export Restriction.--
     Notwithstanding any other provision of law, timber harvested 
     from land conveyed to Kake Tribal Corporation under this 
     section is not available for export as unprocessed logs from 
     Alaska, nor may Kake Tribal Corporation sell, trade, 
     exchange, substitute, or otherwise convey that timber to any 
     person for the purpose of exporting that timber from the 
     State of Alaska.
       ``(g) Relation to other Requirements.--The land conveyed to 
     Kake Tribal Corporation and Sealaska Corporation under this 
     section shall be considered, for all purposes, land conveyed 
     under the Alaska Native Claims Settlement Act.
       ``(h) Maps.--The maps referred to in this section shall be 
     maintained on file in the Office of the Chief, United States 
     Forest Service, and in the Office of the Secretary of the 
     Interior, Washington, D.C. The acreage cited in this section 
     is approximate, and if a discrepancy arises between cited 
     acreage and the land depicted on the specified maps, the maps 
     shall control. The maps do not constitute an attempt by the 
     United States to convey State or private land.

  The amendment (No. 3043) was agreed to.
  The bill (S. 1159), as amended, was passed, as follows:

                                S. 1159

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Kake Tribal Corporation Land 
     Exchange Act''.

     SEC. 2. AMENDMENT OF SETTLEMENT ACT.

       The Alaska Native Claims Settlement Act (Public Law 92-203, 
     December 18, 1971, 85 Stat. 688, 43 U.S.C. 1601, et seq.), as 
     amended, is further amended by adding at the end thereof:

     ``SEC.______. KAKE TRIBAL CORPORATION LAND EXCHANGE.

       ``(a) General.--In exchange for lands and interests therein 
     described in subsection (b), the Secretary of Agriculture 
     shall, subject to valid existing rights, convey to the Kake 
     Tribal Corporation the surface estate and to Sealaska 
     Corporation the subsurface estate of the Federal lands 
     identified by Kake Tribal Corporation pursuant to subsection 
     (c): Provided, That, the exchange of lands described in this 
     section shall be on the basis of equal value.
       ``(b) Description.--The surface estate to be conveyed by 
     Kake Tribal Corporation and the subsurface estate to be 
     conveyed by Sealaska Corporation to the Secretary of 
     Agriculture are the municipal watershed lands as shown on the 
     map dated September 1, 1997, and labeled attachment A, and 
     are further described as follows:

              ``MUNICIPAL WATERSHED COPPER RIVER MERIDIAN

                              ``T56S, R72E

``Section                                             Approximate Acres
  13.................................................................82
  23................................................................118
  24................................................................635
  25................................................................640
  26................................................................346
  34..................................................................9
  35................................................................349
  36................................................................248
                                                               ________
                                                               
  Approximate total...............................................2,427
       ``(c) Deadline.--Within ninety (90) days of the receipt by 
     the United States of the conveyances of the surface estate 
     and the subsurface estate described in subsection (b), Kake 
     Tribal Corporation shall be entitled to identify lands in the 
     Hamilton Bay and Saginaw Bay areas, as depicted on the maps 
     dated September 1, 1997, and labeled Attachments B and C. 
     Kake Tribal Corporation shall notify the Secretary of 
     Agriculture in writing which lands Kake Tribal Corporation 
     has identified.
       ``(d) Timing of Conveyance and Valuation.--The conveyance 
     mandated by subsection (a) by the Secretary of Agriculture 
     shall occur within ninety (90) days after the list of 
     identified lands is submitted by Kake Tribal Corporation 
     pursuant to subsection (c).
       ``(e) Management of Watershed.--The Secretary of 
     Agriculture shall enter into a Memorandum of Agreement with 
     the City of Kake, Alaska, to provide for management of the 
     municipal watershed.
       ``(f) Timber Manufacturing; Export Restriction.--
     Notwithstanding any other provision of law, timber harvested 
     from land conveyed to Kake Tribal Corporation under this 
     section is not available for export as unprocessed logs from 
     Alaska, nor may Kake Tribal Corporation sell, trade, 
     exchange, substitute, or otherwise convey that timber to any 
     person for the purpose of exporting that timber from the 
     State of Alaska.
       ``(g) Relation to Other Requirements.--The land conveyed to 
     Kake Tribal Corporation and Sealaska Corporation under this 
     section shall be considered, for all purposes, land conveyed 
     under the Alaska Native Claims Settlement Act.
       ``(h) Maps.--The maps referred to in this section shall be 
     maintained on file in the Office of the Chief, United States 
     Forest Service, and in the Office of the Secretary of the 
     Interior, Washington, D.C. The acreage cited in this section 
     is approximate, and if a discrepancy arises between cited 
     acreage and the land depicted on the specified maps, the maps 
     shall control. The maps do not constitute an attempt by the 
     United States to convey State or private land.''.
  Mr. MURKOWSKI. Mr. President, today I offer substitute amendments to 
two similar bills passed out of the Energy and Natural Resources 
Committee earlier this year. The two bills are S. 1158, a bill to amend 
the Alaska Native Claims Settlement Act, regarding the Huna Totem 
Corporation Public Interest Land Exchange, and S. 1159, a bill to amend 
the Alaska Native Claims Settlement Act, regarding the Kake Tribal 
Corporation Public Interest Land Exchange. Both of these bills direct 
the Secretary of Agriculture to conclude land exchanges which 
collectively will allow Kake and Huna to exchange land needed as 
municipal watershed in exchange for other Forest Service lands.
  By passing these bills two objectives will be met. First, the two 
corporations will finally be able to fully recognize the economic 
benefits promised to them under ANCSA. Second, the watersheds that 
provide the respective communities of Hoonah, Alaska and Kaka, Alaska 
will be protected in order to provide safe water for those communities.
  The substitutes I offer today clarify several issues that were raised 
during the Committee hearings and mark-up. First, the substitutes again 
direct that the Sealaska subsurface interest will mirror the Kake and 
Huna lands to be conveyed to the Secretary of Agriculture and the new 
lands to be conveyed to the corporations. Second the substitute 
clarifies that these exchange are to be done on an equal value basis. 
Both the Secretary of Agriculture and the corporations insisted this be 
the case. I believe this is critical, Mr. President, because both S. 
1158 and S. 1159 provide that any timber derived from the newly 
acquired lands be processed in-state, a requirement that does not 
currently exist on the watershed lands the corporations are exchange. 
Therefore, if this exchange was simply done on an acre-for-acre basis 
it is likely that the acreage the corporations are exchanging, without 
any timber export restrictions, would have a much higher value then 
what they get in return. It is for this reason that these exchanges 
were not done on an acre-for-acre basis. If it ends up that either 
party has to receive additional compensation, either additional land or 
cash to equalize the value, then it is my hope this is done in an 
expeditious way to allow the exchange to move forward within the times 
specified in the legislation.
  I believe these two pieces of legislation are in the best interest of 
the native corporations, the Alaska communities where the watersheds 
are located, and the Federal government. It is my intention to try and 
pass these bills out of the Senate before the end of this session of 
Congress.

                          ____________________