[Congressional Record Volume 145, Number 26 (Friday, February 12, 1999)]
[Senate]
[Pages S1644-S1645]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI:
  S. 426. A bill to amend the Alaska Native Claims Settlement Act, to 
provide for a land exchange between the Secretary of Agriculture and 
the Huna Totem Corporation, and for other purposes; to the Committee on 
Energy and Natural Resources.


       Kake Tribal Corporation Public Interest Land Exchange Act

  Mr. MURKOWSKI. Mr. President, today I rise to introduce two similar 
bills both of which passed the Senate last year with unanimous consent. 
One of these bills amends the Alaska Native Claims Settlement Act 
(ANCSA), to provide for a land exchange between the Secretary of 
Agriculture and the Huna Totem Corporation, a village corporation 
created under that Act. The other bill provides for a similar land 
exchange between the Secretary and the Kake Tribal Corporation. Both of 
these bills will allow the Kake Tribal and Huna Totem Corporations to 
convey land needed as municipal watersheds in their surrounding 
communities to the Secretary in exchange for other Forest Service 
lands.
  Enactment of these bills will meet two objectives. First, the two 
corporations will finally be able to fully recognize the economic 
benefits promised to them under ANCSA. Second, the watersheds that 
supply the communities of Hoonah, Alaska and Kake, Alaska will be 
protected in order to provide safe water for those communities.
  The legislation I offer today clarifies several issues that were 
raised during the Committee hearings and mark-up last year. First, the 
legislation directs that the subsurface estates owned by Sealaska 
Corporation in the Huna and Kake exchange lands are exchanged for 
similar subsurface estates in the conveyed Forest Service lands. Second 
the substitute clarifies that these exchanges are to be done on an 
equal value basis. Both the Secretary of Agriculture and the 
corporations insisted on this provision. I believe this is critical, 
Mr. President, because both these bills provide that any timber derived 
from the newly acquired Corporation lands be processed in-state, a 
requirement that does not currently exist on the watershed lands the 
corporations are exchanging. Therefore, if this exchange simply were 
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 than what they would get in return. It 
is for this reason that these exchanges will not be done on an acre-
for-acre basis. If it ends up that either party has to receive 
additional compensation, either in additional lands or in cash to 
equalize the value, then it is my hope this will be 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 Energy and Natural Resources 
Committee at the earliest opportunity.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 426

       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 
     Public Interest 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 land 
     identified by Kake Tribal Corporation pursuant to subsection 
     (c): Lands exchanged pursuant to 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
 
                                                                Approx-
                           Section                               imate
                                                                 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 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

[[Page S1645]]

     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 shall not be exported 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 there is any discrepancy 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.''
                                 ______