[Congressional Record Volume 154, Number 157 (Monday, September 29, 2008)]
[Senate]
[Pages S10069-S10074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MURKOWSKI (for herself, Mr. Stevens, Mr. Akaka, and Mr. 
        Inouye):
  S. 3651. A bill to provide for the settlement df certain claims under 
the Alaska Native Claims Settlement Act, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, the Tlingit and Haida people, the first 
people of Southeast Alaska, were perhaps the first group of Alaska 
Natives to organize for the purpose of asserting their aboriginal land 
claims. The Native land claims movement in the rest of Alaska did not 
gain momentum until the 1960s when aboriginal land titles were 
threatened by the impending construction of the Trans Alaska Pipeline. 
In southeast Alaska, the taking of Native lands for the Tongass 
National Forest and Glacier Bay National Monument spurred the Tlingit 
and Haida

[[Page S10070]]

people to fight to recover their lands in the early part of the 20th 
Century.
  One of the first steps in this battle came with the formation of the 
Alaska Native Brotherhood in 1912. In 1935, the Jurisdictional Act, 
which allowed the Tlingit and Haida Indians to pursue their land claims 
in the U.S. Court of Claims, was enacted by Congress.
  After decades of litigation, the Native people of southeast Alaska 
received a cash settlement in 1968 from the Court of Claims for the 
land previously taken to create the Tongass National Forest and the 
Glacier Bay National Monument. Yes there was a cash settlement of $7.5 
million but the Native people of southeast Alaska have long believed 
that it did not adequately compensate them for the loss of their lands 
and resources.
  Beware the law of unintended consequences. When the Native people of 
southeast Alaska chose to pursue their land claims in court they could 
not have foreseen that Congress would ultimately settle the land claims 
of all of Alaska's Native people through the Alaska Native Claims 
Settlement Act of 1971. Nor could they have foreseen that they would be 
disadvantaged in obtaining the return of their aboriginal lands because 
of their early, and ultimately successful, effort to litigate their 
land claims. Sadly this was the case.
  The Alaska Native Claims Settlement Act of 1971 imposed a series of 
highly prescriptive limitations on the lands that Sealaska Corporation, 
the regional Alaska Native Corporation formed for southeast Alaska, 
could select in satisfaction of the Tlingit and Haida land claim. None 
of the other 11 Alaska based regional Native corporations were subject 
to these limitations. Today, I join with Mr. Stevens, Mr. Akaka and Mr. 
Inouye to introduce legislation to right this wrong.

  For the most part, Sealaska Corporation has agreed to live within the 
constraints imposed by the 1971 legislation. It has taken conveyance to 
290,000 acres from the pool of lands it was allowed to select under the 
1971 act. As Sealaska moves to finalize its land selections it has 
asked the Congress for flexibility to receive title to certain lands 
which it was not permitted to select under the prescriptive, and as 
Sealaska believes, discriminatory, limitations contained in the 1971 
legislation.
  The legislation we are introducing today would allow Sealaska to 
select its remaining entitlement from outside of the withdrawal areas 
permitted in the 1971 legislation. It allows the Native corporation to 
select up to 3,600 acres of its remaining land entitlement from lands 
with sacred, cultural, traditional or historical significance. 
Substantial restrictions will be placed on the use of these lands.
  Up to 5,000 acres of land could be selected for non-timber related 
economic development. These lands are called ``Native Futures'' lands 
in the bill. Other lands referred to as ``economic development lands'' 
in the bill could be used for timber related and nontimber related 
economic development. These lands are on Prince of Wales Island.
  Sealaska observes that if it were required to take title to lands 
within the constraints prescribed by the 1971 legislation it would take 
title to large swaths of roadless acres in pristine portions of the 
Tongass National Forest. The lands it proposes to take for economic 
uses under this legislation are predominantly in roaded and less 
sensitive areas of the Tongass National Forest.
  The pools of lands which would be available to Sealaska under this 
legislation are depicted on a series of maps referred to in the bill. 
It must be emphasized that not all of the lands depicted on these maps 
will end up in Sealaska's ownership. Sealaska cannot receive title to 
lands in excess of its remaining acreage entitlement under the 1971 
legislation and this legislation does not change that entitlement.
  Earlier in the 110th Congress, several of our friends in the other 
body introduced H.R. 3560 to address these issues. Over the past year, 
Sealaska and the communities of southeast Alaska have worked 
collaboratively in good faith to identify issues that may arise from 
the transfer of lands on which those communities have relied for 
subsistence and recreation out of the Tongass National Forest and into 
Native corporation ownership. My colleagues in the Alaska congressional 
delegation and I have devoted a great deal of time in reaching out and 
encouraging comment from southeast Alaska on H.R. 3560. Sealaska has 
itself conducted numerous public meetings on the bill in southeast 
Alaska. I believe that these efforts have helped us to formulate a bill 
that addresses the concerns we most frequently heard.
  The legislation we are introducing today is different from H.R. 3560 
in numerous respects. In some cases, the lands open to Sealaska 
selection have changed from those which were referred to in H.R. 3560 
to accommodate community concerns. Our conversations have led to 
precedent setting commitments by the Sealaska Corporation to maintain 
public access to the economic development lands it receives on Prince 
of Wales Island for subsistence uses and recreational access. These 
commitments are laid out in Section 4(d) of our bill.
  Sealaska has also offered a series of commitments to ensure that the 
benefits of this legislation flow to the broader southeast Alaska 
economy and not just to the corporation and its Native shareholders. 
These commitments are memorialized in a letter from Sealaska's 
chairman, Alaska State Senator Albert Kookesh, and its president and 
chief executive officer, Chris E. McNeil, Jr.
  It comes as no secret to anyone that this legislation is introduced 
as we enter what may be the final hours of the 110th Congress. There 
will not be sufficient opportunity in the remaining hours of this 
Congress to consider the legislation. It will need to be reintroduced 
in January 2009. We hope that we can move on it in the early part of 
the 111th Congress.
  In the meantime, we encourage and welcome comments from the people 
and communities of southeast Alaska on the revised legislation and hope 
that we will be able to productively use the next few months to 
identify and resolve any issues or concerns that remain before the 
111th Congress begins.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3651

       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 ``Southeast Alaska Native Land 
     Entitlement Finalization Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1)(A) in 1971, Congress enacted the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.) to recognize and 
     settle the aboriginal claims of Alaska Natives to land 
     historically used by Alaska Natives for traditional, 
     cultural, and spiritual purposes; and
       (B) that Act declared that the land settlement ``should be 
     accomplished rapidly, with certainty, in conformity with the 
     real economic and social needs of Natives'';
       (2) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.)--
       (A) authorized the distribution of approximately 
     $1,000,000,000 and 44,000,000 acres of land to Alaska 
     Natives; and
       (B) provided for the establishment of Native Corporations 
     to receive and manage the funds and that land to meet the 
     cultural, social, and economic needs of Native shareholders;
       (3) under section 12 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1611), each Regional Corporation, other than 
     Sealaska Corporation (the Regional Corporation for southeast 
     Alaska) (referred to in this Act as ``Sealaska''), was 
     authorized to receive a share of land based on the proportion 
     that the number of Alaska Native shareholders residing in the 
     region of the Regional Corporation bore to the total number 
     of Alaska Native shareholders, or the relative size of the 
     area to which the Regional Corporation had an aboriginal land 
     claim bore to the size of the area to which all Regional 
     Corporations had aboriginal land claims;
       (4)(A) Sealaska, the Regional Corporation for Southeast 
     Alaska, 1 of the Regional Corporations with the largest 
     number of Alaska Native shareholders, with more than 21 
     percent of all original Alaska Native shareholders, did not 
     receive land under section 12 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1611);
       (B) the Tlingit and Haida Indian Tribes of Alaska was 1 of 
     the entities representing the Alaska Natives of southeast 
     Alaska before the date of enactment of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.); and
       (C) Sealaska did not receive land in proportion to the 
     number of Alaska Native shareholders, or in proportion to the 
     size of the

[[Page S10071]]

     area to which Sealaska had an aboriginal land claim, in part 
     because of a United States Court of Claims cash settlement to 
     the Tlingit and Haida Indian Tribes of Alaska in 1968 for 
     land previously taken to create the Tongass National Forest 
     and Glacier Bay National Monument;
       (5) the Court of Claims cash settlement of $7,500,000 did 
     not--
       (A) adequately compensate the Alaska Natives of southeast 
     Alaska for the significant quantity of land and resources 
     lost as a result of the creation of the Tongass National 
     Forest and Glacier Bay National Monument or other losses of 
     land and resources; or
       (B) justify the significant disparate treatment of Sealaska 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 
     1611);
       (6)(A) while each other Regional Corporation received a 
     significant quantity of land under sections 12 and 14 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), 
     Sealaska only received land under section 14(h) of that Act 
     (43 U.S.C. 1613(h)), which provided a 2,000,000-acre land 
     pool from which Alaska Native selections could be made for 
     historic sites, cemetery sites, Urban Corporation land, 
     Native group land, and Native Allotments;
       (B) under section 14(h)(8) of that Act (43 U.S.C. 
     1613(h)(8)), after selections are made under paragraphs (1) 
     through (7) of that section, the land remaining in the 
     2,000,000-acre land pool is allocated based on the proportion 
     that the original Alaska Native shareholder population of a 
     Regional Corporation bore to the original Alaska Native 
     shareholder population of all Regional Corporations; and
       (C) the only land entitlement of Sealaska derives from a 
     proportion of leftover land remaining from the 2,000,000-acre 
     land pool, estimated as of the date of enactment of this Act 
     at approximately 1,700,000 acres;
       (7) despite the small land base of Sealaska as compared to 
     other Regional Corporations (less than 1 percent of the total 
     quantity of land allocated pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.)), Sealaska 
     has--
       (A) provided considerable benefits to shareholders; and
       (B) been a significant economic force in southeast Alaska;
       (8) pursuant to the revenue sharing provisions of section 
     7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1606(i)), Sealaska has distributed more than $300,000,000 
     during the period beginning on January 1, 1971, and ending on 
     December 31, 2005, to Native Corporations throughout the 
     State of Alaska from the development of natural resources, 
     which accounts for 42 percent of the total revenues shared 
     under that section during that period;
       (9) as a result of the small land entitlement of Sealaska, 
     it is critical that the remaining land entitlement 
     conveyances to Sealaska under the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.) are fulfilled to 
     continue to meet the economic, social, and cultural needs of 
     the Alaska Native shareholders of southeast Alaska and the 
     Alaska Native community throughout Alaska;
       (10)(A) the conveyance requirements of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.) for southeast 
     Alaska limit the land eligible for conveyance to Sealaska to 
     the original withdrawal areas surrounding 10 Alaska Native 
     villages in southeast Alaska, which precludes Sealaska from 
     selecting land located--
       (i) in any withdrawal area established for the Urban 
     Corporations for Sitka and Juneau, Alaska; or
       (ii) outside the 10 Alaska Native village withdrawal areas; 
     and
       (B) unlike other Regional Corporations, Sealaska was not 
     authorized to request land located outside the withdrawal 
     areas described in subparagraph (A) if the withdrawal areas 
     were insufficient to complete the land entitlement of 
     Sealaska under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.);
       (11) 44 percent (820,000 acres) of the 10 Alaska Native 
     village withdrawal areas established under the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.) described in 
     paragraph (10) are composed of salt water and not available 
     for selection;
       (12) of land subject to the selection rights of Sealaska, 
     110,000 acres are encumbered by gubernatorial consent 
     requirements under the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1601 et seq.);
       (13) the Forest Service and the Bureau of Land Management 
     grossly underestimated the land entitlement of Sealaska under 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), resulting in an insufficient area from which Sealaska 
     could select land suitable for traditional, cultural, and 
     socioeconomic purposes to accomplish a settlement ``in 
     conformity with the real economic and social needs of 
     Natives'', as required under that Act;
       (14) the 10 Alaska Native village withdrawal areas in 
     southeast Alaska surround the Alaska Native communities of 
     Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, 
     Hydaburg, Klukwan, and Saxman;
       (15) in each withdrawal area, there exist factors that 
     limit the ability of Sealaska to select sufficient land, and, 
     in particular, economically viable land, to fulfill the land 
     entitlement of Sealaska, including factors such as--
       (A) with respect to the Yakutat withdrawal area--
       (i) 46 percent of the area is salt water;
       (ii) 10 sections (6,400 acres) around the Situk Lake were 
     restricted from selection, with no consideration provided for 
     the restriction; and
       (iii)(I) 70,000 acres are subject to a gubernatorial 
     consent requirement before selection; and
       (II) Sealaska received no consideration with respect to the 
     consent restriction;
       (B) with respect to the Hoonah withdrawal area, 51 percent 
     of the area is salt water;
       (C) with respect to the Angoon withdrawal area--
       (i) 120,000 acres of the area is salt water;
       (ii) Sealaska received no consideration regarding the 
     prohibition on selecting land from the 80,000 acres located 
     within the Admiralty Island National Monument; and
       (iii)(I) the Village Corporation for Angoon was allowed to 
     select land located outside the withdrawal area on Prince of 
     Wales Island, subject to the condition that the Village 
     Corporation shall not select land located on Admiralty 
     Island; but
       (II) no alternative land adjacent to the out-of-withdrawal 
     land of the Village Corporation was made available for 
     selection by Sealaska;
       (D) with respect to the Kake withdrawal area--
       (i) 64 percent of the area is salt water; and
       (ii) extensive timber harvesting by the Forest Service 
     occurred in the area before 1971 that significantly reduced 
     the value of land available for selection by, and conveyance 
     to, Sealaska;
       (E) with respect to the Kasaan withdrawal area--
       (i) 54 percent of the area is salt water; and
       (ii) the Forest Service previously harvested in the area;
       (F) with respect to the Klawock withdrawal area--
       (i) the area consists of only 5 townships, as compared to 
     the usual withdrawal area of 9 townships, because of the 
     proximity of the Klawock withdrawal area to the Village of 
     Craig, which reduces the selection area by 92,160 acres; and
       (ii) the Klawock and Craig withdrawal areas are 35 percent 
     salt water;
       (G) with respect to the Craig withdrawal area, the 
     withdrawal area consists of only 6 townships, as compared to 
     the usual withdrawal area of 9 townships, because of the 
     proximity of the Craig withdrawal area to the Village of 
     Klawock, which reduces the selection area by 69,120 acres;
       (H) with respect to the Hydaburg withdrawal area--
       (i) 36 percent of the area is salt water; and
       (ii) Sealaska received no consideration under the Haida 
     Land Exchange Act of 1986 (Public Law No. 99-664; 100 Stat. 
     4303) for relinquishing selection rights to land within the 
     withdrawal area that the Haida Corporation exchanged to the 
     Forest Service;
       (I) with respect to the Klukwan withdrawal area--
       (i) 27 percent of the area is salt water; and
       (ii) the withdrawal area is only 70,000 acres, as compared 
     to the usual withdrawal area of 207,360 acres, which reduces 
     the selection area by 137,360 acres; and
       (J) with respect to the Saxman withdrawal area--
       (i) 29 percent of the area is salt water;
       (ii) Sealaska received no consideration for the 50,576 
     acres within the withdrawal area adjacent to the first-class 
     city of Ketchikan that were excluded from selection;
       (iii) Sealaska received no consideration with respect to 
     the 1977 amendment to the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1601 et seq.) requiring gubernatorial consent for 
     selection of 58,000 acres in that area; and
       (iv) 23,888 acres are located within the Annette Island 
     Indian Reservation for the Metlakatla Indian Tribe and are 
     not available for selection;
       (16) the selection limitations and guidelines applicable to 
     Sealaska under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.)--
       (A) are inequitable and inconsistent with the purposes of 
     that Act because there is insufficient land remaining in the 
     withdrawal areas to meet the traditional, cultural, and 
     socioeconomic needs of the shareholders of Sealaska; and
       (B) make it difficult for Sealaska to select--
       (i) places of sacred, cultural, traditional, and historical 
     significance; and
       (ii) Alaska Native futures sites located outside the 
     withdrawal areas of Sealaska;
       (17)(A) the deadline for applications for selection of 
     cemetery sites and historic places on land outside withdrawal 
     areas established under section 14 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1613) was July 1, 1976;
       (B)(i) as of that date, the Bureau of Land Management 
     notified Sealaska that the total entitlement of Sealaska 
     would be approximately 200,000 acres; and
       (ii) Sealaska made entitlement allocation decisions for 
     cultural sites and economic development sites based on that 
     original estimate;
       (C) as a result of the Alaska Land Transfer Acceleration 
     Act (Public Law 108-452; 118 Stat. 3575) and subsequent 
     related determinations and actions of the Bureau of Land 
     Management, Sealaska will receive significantly more than 
     200,000 acres pursuant to the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.);

[[Page S10072]]

       (D) Sealaska would prefer to allocate more of the 
     entitlement of Sealaska to the acquisition of places of 
     sacred, cultural, traditional, and historical significance; 
     and
       (E)(i) pursuant to section 11(a)(1) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1610(a)(1)), Sealaska was 
     not authorized to select under section 14(h)(1) of that Act 
     (43 U.S.C. 1613(h)(1)) any site within Glacier Bay National 
     Park, despite the abundance of cultural sites within that 
     Park; and
       (ii) Sealaska seeks cooperative agreements to ensure that 
     sites within Glacier Bay National Park are subject to 
     cooperative management by Sealaska, Village and Urban 
     Corporations, and federally recognized tribes with ties to 
     the cultural sites and history of the Park;
       (18)(A) the cemetery sites and historic places conveyed to 
     Sealaska pursuant to section 14(h)(1) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1613(h)(1)) are subject to a 
     restrictive covenant not required by law that does not allow 
     any type of management or use that would in any way alter the 
     historic nature of a site, even for cultural education or 
     research purposes;
       (B) historic sites managed by the Forest Service are not 
     subject to the limitations referred to in subparagraph (A); 
     and
       (C) those limitations hinder the ability of Sealaska to use 
     the sites for cultural, educational, or research purposes for 
     Alaska Natives and others;
       (19) unless Sealaska is allowed to select land outside 
     designated withdrawal areas in southeast Alaska, Sealaska 
     will not be able--
       (A) to complete the land entitlement selections of Sealaska 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.);
       (B) to secure ownership of places of sacred, cultural, 
     traditional, and historical importance to the Alaska Natives 
     of Southeast Alaska;
       (C) to maintain the existing resource development and 
     management operations of Sealaska; or
       (D) to provide continued economic opportunities for Alaska 
     Natives in southeast Alaska;
       (20) in order to realize cultural preservation goals while 
     also diversifying economic opportunities, Sealaska should be 
     authorized to select and receive conveyance of--
       (A) sacred, cultural, traditional, and historic sites and 
     other places of traditional cultural significance, including 
     traditional and customary trade and migration routes, to 
     facilitate the perpetuation and preservation of Alaska Native 
     culture and history; and
       (B) Alaska Native future sites to facilitate appropriate 
     tourism and outdoor recreation enterprises;
       (21) Sealaska has played, and is expected to continue to 
     play, a significant role in the health of the Southeast 
     Alaska economy;
       (22)(A) the rate of unemployment in Southeast Alaska 
     exceeds the statewide rate of unemployment on a non-
     seasonally adjusted basis; and
       (B) in January 2008, the Alaska Department of Labor and 
     Workforce Development reported the unemployment rate for the 
     Prince of Wales-Outer Ketchikan census area at 20 percent;
       (23) many Southeast Alaska communities--
       (A) are dependent on high-cost diesel fuel for the 
     generation of energy; and
       (B) desire to diversify their energy supplies with wood 
     biomass alternative fuel and other renewable and alternative 
     fuel sources;
       (24) if the resource development operations of Sealaska 
     cease on land appropriate for those operations, there will be 
     a significant negative impact on--
       (A) southeast Alaska Native shareholders;
       (B) the cultural preservation activities of Sealaska;
       (C) the economy of southeast Alaska; and
       (D) the Alaska Native community that benefits from the 
     revenue-sharing requirements under the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.); and
       (25) on completion of the conveyances of land to Sealaska 
     to fulfill the full land entitlement of Sealaska under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     the encumbrances on 327,000 acres of Federal land created by 
     the withdrawal of land for selection by Native Corporations 
     in southeast Alaska would be removed, which will facilitate 
     thorough and complete planning and efficient management 
     relating to national forest land in southeast Alaska by the 
     Forest Service.
       (b) Purpose.--The purpose of this Act is to address the 
     inequitable treatment of Sealaska by allowing Sealaska to 
     select the remaining land entitlement of Sealaska under 
     section 14 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1613) from designated Federal land in southeast Alaska 
     located outside the 10 southeast Alaska Native village 
     withdrawal areas.

     SEC. 3. SELECTIONS IN SOUTHEAST ALASKA.

       (a) Selection by Sealaska.--
       (1) In general.--Notwithstanding section 14(h)(8)(B) of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 
     1613(h)(8)(B)), Sealaska is authorized to select and receive 
     conveyance of the remaining land entitlement of Sealaska 
     under that Act (43 U.S.C. 1601 et seq.) from Federal land 
     located in southeast Alaska from each category described in 
     subsection (b).
       (2) National park service.--The National Park Service is 
     authorized to enter into a cooperative management agreement 
     described in subsection (c)(2) for the purpose, in part, of 
     recognizing and perpetuating the values of the National Park 
     Service, including those values associated with the Tlingit 
     homeland and culture, wilderness, and ecological 
     preservation.
       (b) Categories.--The categories referred to in subsection 
     (a) are the following:
       (1) Economic development land from the area of land 
     identified on the map entitled ``Sealaska ANCSA Land 
     Entitlement Rationalization Pool'', dated March 6, 2008, and 
     labeled ``Attachment A''.
       (2) Sites with sacred, cultural, traditional, or historic 
     significance, including traditional and customary trade and 
     migration routes, archeological sites, cultural landscapes, 
     and natural features having cultural significance, subject to 
     the condition that--
       (A) not more than 2,400 acres shall be selected for this 
     purpose, from land identified on--
       (i) the map entitled ``Places of Sacred, Cultural, 
     Traditional and Historic Significance'', dated March 6, 2008, 
     and labeled ``Attachment B''; and
       (ii) the map entitled ``Traditional and Customary Trade and 
     Migration Routes'', dated March 6, 2008, and labeled 
     ``Attachment C'', which includes an identification of--

       (I) a conveyance of land 25 feet in width, together with 1-
     acre sites at each terminus and at 8 locations along the 
     route, with the route, location, and boundaries of the 
     conveyance described on the map inset entitled ``Yakutat to 
     Dry Bay Trade and Migration Route'', dated March 6, 2008, and 
     labeled ``Attachment C'';
       (II) a conveyance of land 25 feet in width, together with 
     1-acre sites at each terminus, with the route, location, and 
     boundaries of the conveyance described on the map inset 
     entitled ``Bay of Pillars to Port Camden Trade and Migration 
     Route'', dated March 6, 2008, and labeled ``Attachment C''; 
     and
       (III) a conveyance of land 25 feet in width, together with 
     1-acre sites at each terminus, with the route, location, and 
     boundaries of the conveyance described on the map inset 
     entitled ``Portage Bay to Duncan Canal Trade and Migration 
     Route,'' dated March 6, 2008, and labeled ``Attachment C''; 
     and

       (B) an additional 1,200 acres may be used by Sealaska to 
     acquire places of sacred, cultural, traditional, and historic 
     significance, archeological sites, traditional, and customary 
     trade and migration routes, and other sites with scientific 
     value that advance the understanding and protection of Alaska 
     Native culture and heritage that--
       (i) as of the date of enactment of this Act, are not fully 
     identified or adequately documented for cultural 
     significance; and
       (ii) are located outside of a unit of the National Park 
     Service.
       (3) Alaska Native futures sites with traditional and 
     recreational use value, as identified on the map entitled 
     ``Native Futures Sites'', dated March 6, 2008, and labeled 
     ``Attachment D'', subject to the condition that not more than 
     5,000 acres shall be selected for those purposes.
       (c) Sites in conservation System Units.--
       (1) in general.--No site with sacred, cultural, 
     traditional, or historic significance that is identified in 
     the document labeled ``Attachment B'' and located within a 
     unit of the National Park System shall be conveyed to 
     Sealaska pursuant to this Act.
       (2) Cooperative agreements.--
       (A) In general.--The Director of the National Park Service 
     shall offer to enter into a cooperative management agreement 
     with Sealaska, other Village Corporations and Urban 
     Corporations, and federally recognized Indian tribes with 
     cultural and historical ties to Glacier Bay National Park, in 
     accordance with the requirements of subparagraph (B).
       (B) Requirements.--A cooperative agreement under this 
     paragraph shall--
       (i) recognize the contributions of the Alaska Natives of 
     Southeast Alaska to the history, culture, and ecology of 
     Glacier Bay National Park and the surrounding area;
       (ii) ensure that the resources within the Park are 
     protected and enhanced by cooperative activities and 
     partnerships among federally recognized Indian tribes, 
     Village Corporations and Urban Corporations, Sealaska, and 
     the National Park Service;
       (iii) provide opportunities for a richer visitor experience 
     at the Park through direct interactions between visitors and 
     Alaska Natives, including guided tours, interpretation, and 
     the establishment of culturally relevant visitor sites; and
       (iv) provide appropriate opportunities for ecologically 
     sustainable visitor-related education and cultural 
     interpretation within the Park--

       (I) in a manner that is not in derogation of the purposes 
     and values of the Park (including those values associated 
     with the Park as a Tlingit homeland); and
       (II) for wilderness and ecological preservation.

       (C) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Director of the National Park 
     Service shall submit to Congress a report describing each 
     activity for cooperative management of each site described in 
     subparagraph (A) carried out under a cooperative agreement 
     under this paragraph.

     SEC. 4. CONVEYANCES TO SEALASKA.

       (a) Timeline for Conveyance.--
       (1) In general.--Not later than 1 year after the date of 
     selection of land by Sealaska under paragraphs (1) and (3) of 
     section 3(b), the Secretary of the Interior (referred to in 
     this Act as the ``Secretary'') shall complete the conveyance 
     of the land to Sealaska.

[[Page S10073]]

       (2) Significant sites.--Not later than 2 years after the 
     date of selection of land by Sealaska under section 3(b)(2), 
     the Secretary shall complete the conveyance of the land to 
     Sealaska.
       (b) Expiration of Withdrawals.--On completion of the 
     selection by Sealaska and the conveyances to Sealaska of land 
     under subsection (a) in a manner that is sufficient to 
     fulfill the land entitlement of Sealaska under the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.)--
       (1) the original withdrawal areas set aside for selection 
     by Native Corporations in Southeast Alaska under that Act (as 
     in effect on the day before the date of enactment of this 
     Act) shall be rescinded; and
       (2) land located within a withdrawal area that is not 
     conveyed to a southeast Alaska Regional Corporation or 
     Village Corporation shall be returned to the unencumbered 
     management of the Forest Service as a part of the Tongass 
     National Forest.
       (c) Limitation.--Sealaska shall not select or receive under 
     this Act any conveyance of land pursuant to paragraph (1) or 
     (3) of section 3(b) located within--
       (1) any conservation system unit;
       (2) any federally designated wilderness area; or
       (3) any land use designation I or II area.
       (d) Applicable Easements and Public Access.--
       (1) In general.--The conveyance to Sealaska of land 
     pursuant to section 3(b)(1) that is located outside a 
     withdrawal area designated under section 16(a) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be 
     subject to--
       (A) a reservation for easements for public access on the 
     public roads depicted on the document labeled ``Attachment 
     E'' and dated March 6, 2008;
       (B) a reservation for easements along the temporary roads 
     designated by the Forest Service as of the date of enactment 
     of this Act for the public access trails depicted on the 
     document labeled ``Attachment E'' and dated March 6, 2008;
       (C) any valid preexisting right reserved pursuant to 
     section 14(g) or 17(b) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(g), 1616(b)); and
       (D)(i) the right of noncommercial public access for 
     subsistence uses, consistent with title VIII of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3111 et 
     seq.), and recreational access without liability to Sealaska; 
     and
       (ii) the right of Sealaska to regulate access for public 
     safety, cultural, or scientific purposes, environmental 
     protection, and uses incompatible with natural resource 
     development, subject to the condition that Sealaska shall 
     post on any applicable property, in accordance with State 
     law, notices of any such condition.
       (2) Effect.--No right of access provided to any individual 
     or entity (other than Sealaska) by this subsection--
       (A) creates any interest of such an individual or entity in 
     the land conveyed to Sealaska in excess of that right of 
     access; or
       (B) provides standing in any review of, or challenge to, 
     any determination by Sealaska regarding the management or 
     development of the applicable land.
       (e) Conditions on Sacred, Cultural, and Historic Sites.--
     The conveyance to Sealaska of land selected pursuant to 
     section 3(b)(2)--
       (1) shall be subject to a covenant prohibiting any 
     commercial timber harvest or mineral development on the land;
       (2) shall not be subject to any additional restrictive 
     covenant based on cultural or historic values, or any other 
     restriction, encumbrance, or easement, except as provided in 
     sections 14(g) and 17(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1613(g), 1616(b)); and
       (3) shall allow use of the land as described in subsection 
     (f).
       (f) Uses of Sacred, Cultural, Traditional, and Historic 
     Sites.--Any sacred, cultural, traditional, or historic site 
     or trade or migration route conveyed pursuant to this Act may 
     be used for--
       (1) preservation of cultural knowledge and traditions 
     associated with such a site;
       (2) historical, cultural, and scientific research and 
     education;
       (3) public interpretation and education regarding the 
     cultural significance of those sites to Alaska Natives;
       (4) protection and management of the site to preserve the 
     natural and cultural features of the site, including cultural 
     traditions, values, songs, stories, names, crests, and clan 
     usage, for the benefit of future generations; and
       (5) site improvement activities for any purpose described 
     in paragraphs (1) through (4), subject to the condition that 
     the activities are consistent with the sacred, cultural, 
     traditional, or historic nature of the site.
       (g) Termination of Restrictive Covenants.--
       (1) In general.--Each restrictive covenant regarding 
     cultural or historical values with respect to any interim 
     conveyance or patent for a historic or cemetery site issued 
     to Sealaska pursuant to the regulations contained in sections 
     2653.3 and 2653.11 of title 43, Code of Federal Regulations 
     (as in effect on the date of enactment of this Act), in 
     accordance with section 14(h)(1) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1613(h))), terminates on the date 
     of enactment of this Act.
       (2) Remaining conditions.--Land subject to a covenant 
     described in paragraph (1) on the day before the date of 
     enactment of this Act shall be subject to the conditions 
     described in subsection (e).
       (3) Records.--Sealaska shall be responsible for recording 
     with the land title recorders office of the State of Alaska 
     any modification to an existing conveyance of land under 
     section 14(h)(1) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(1)) as a result of this Act.
       (h) Conditions on Alaska Native Futures Land.--Each 
     conveyance of land to Sealaska selected under section 3(b)(3) 
     shall be subject only to--
       (1) a covenant prohibiting any commercial timber harvest or 
     mineral development; and
       (2) the restrictive covenants, encumbrances, or easements 
     under sections 14(g) and 17(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1613(g), 1616(b)).

     SEC. 5. MISCELLANEOUS.

       (a) Status of Conveyed Land.--Each conveyance of Federal 
     land to Sealaska pursuant to this Act, and each action 
     carried out to achieve the purpose of this Act, shall be 
     considered to be conveyed or acted on, as applicable, 
     pursuant to the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.).
       (b) Environmental Mitigation and Incentives.--
     Notwithstanding subsection (e) and (h) of section 4, all land 
     conveyed to Sealaska pursuant to the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.) and this Act shall be 
     considered to be qualified to receive or participate in, as 
     applicable--
       (1) any federally authorized carbon sequestration program, 
     ecological services program, or environmental mitigation 
     credit; and
       (2) any other federally authorized environmental incentive 
     credit or program.
       (c) No Material Effect on Forest Plan.--
       (1) In general.--The implementation of this Act, including 
     the conveyance of land to Sealaska, alone or in combination 
     with any other factor, shall not require an amendment of, or 
     revision to, the Tongass National Forest Land and Resources 
     Management Plan before the first revision of that Plan 
     scheduled to occur after the date of enactment of this Act.
       (2) Boundary adjustments.--The Secretary of Agriculture 
     shall implement any land ownership boundary adjustment to the 
     Tongass National Forest Land and Resources Management Plan 
     resulting from the implementation of this Act through a 
     technical amendment to that Plan.
       (d) No Effect on Existing Instruments, Projects, or 
     Activities.--
       (1) In general.--Nothing in this Act or the implementation 
     of this Act revokes, suspends, or modifies any permit, 
     contract, or other legal instrument for the occupancy or use 
     of Tongass National Forest land, or any determination 
     relating to a project or activity that authorizes that 
     occupancy or use, that is in effect on the day before the 
     date of enactment of this Act.
       (2) Treatment.--The conveyance of land to Sealaska pursuant 
     to this Act shall be subject to the instruments and 
     determinations described in paragraph (1) to the extent that 
     those instruments and determinations authorize occupancy or 
     use of the land so conveyed.
       (e) Prohibition on Reductions in Staff and Closing and 
     Consolidating Districts.--During the 10-year period beginning 
     on the date of enactment of this Act, the Secretary shall 
     not, as a consequence of this Act--
       (1) reduce the staffing level at any ranger district of the 
     Tongass National Forest, as compared to the applicable 
     staffing level in effect on September 26, 2008; or
       (2) close or consolidate such a ranger district.
       (f) Technical Correction.--Section 2(a)(2) of the Tribal 
     Forest Protection Act of 2004 (25 U.S.C. 3115a(a)(2)) is 
     amended--
       (1) in subparagraph (A), by inserting ``, or is conveyed to 
     an Alaska Native Corporation pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.)'' before the 
     semicolon; and
       (2) in subparagraph (B)(i)--
       (A) in subclause (I), by striking ``or'' at the end; and
       (B) by adding at the end the following:

       ``(III) is owned by an Alaska Native Corporation 
     established pursuant to the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.) and is forest land or formerly 
     had a forest cover or vegetative cover that is capable of 
     restoration; or''.

     SEC. 6. MAPS.

       (a) Availability.--Each map referred to in this Act shall 
     be maintained on file in--
       (1) the office of the Chief of the Forest Service; and
       (2) the office of the Secretary.
       (b) Corrections.--The Secretary or the Chief of the Forest 
     Service may make any necessary correction to a clerical or 
     typographical error in a map referred to in this Act.
       (c) Treatment.--No map referred to in this Act shall be 
     considered to be an attempt by the Federal Government to 
     convey any State or private land.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act and the amendments made by 
     this Act.

[[Page S10074]]

     
                                  ____
                                         Sealaska Corporation,

                                   Juneau, AK, September 25, 2008.
     Hon. Lisa Murkowski,
     U.S. Senate,
     Washington, DC.
       Dear Senator Murkowski: On behalf of Sealaska Corporation 
     (Sealaska), I would like to express our appreciation to you 
     for your assistance on legislation to complete Sealaska's 
     Alaska Native Claims Settlement Act (ANCSA) land entitlement. 
     This legislation would complete Sealaska's land entitlement 
     by allowing Sealaska to select, and receive conveyance of, 
     lands located outside of the original Southeast Alaska ANCSA 
     land withdrawals. Under this proposal. Sealaska would receive 
     land for timber development, the creation of a more 
     diversified (non-timber) economic portfolio, and the 
     protection and perpetuation of Southeast Alaska's Native 
     culture. The land entitlement proposal affects many interests 
     in Southeast Alaska, and has required a significant amount of 
     communication. collaboration, and negotiation to finalize the 
     legislative language. We believe that we now have a 
     compromise bill that will benefit all of Southeast Alaska.
       As you pursue introduction and legislative action on 
     Sealaska land entitlement legislation, we would like to 
     reiterate to you Sealaska's ongoing commitment to the 
     economic. cultural, social, and environmental health of 
     Southeast Alaska. In particular, you have expressed 
     significant concern regarding the economic and energy needs 
     of the region, and Sealaska's role in meeting those needs. We 
     can assure you that Sealaska has those same concerns. This 
     letter is our commitment to you that Sealaska will continue 
     to maintain its commitment to: the creation of economic and 
     employment opportunities for Sealaska shareholders and 
     residents of Southeast Alaska; collaboration with other 
     participants in the Southeast Alaska timber industry on 
     efforts to preserve the economic viability of locally owned 
     sawmills in Southeast Alaska; continued sale of timber at 
     fair market value to local mills and local producers of wood 
     products; addressing high rural energy costs, including 
     through the development of wood biomass alternative fuels; 
     and coordination and collaboration with Indian tribes, 
     Village Corporations, Urban Corporations, local small 
     businesses. and Federal, State, and local agencies regarding 
     economic and energy matters, among other things. We hope that 
     this commitment will provide you with some assurance that the 
     economic health of Southeast Alaska is a shared aspiration of 
     both you and Sealaska.
       If we can be of assistance to you, as you pursue 
     legislative action on the Sealaska land entitlement 
     legislation, please do not hesitate to contact me. Again, 
     thank you for your guidance and leadership on this important 
     piece of legislation.
           Sincerely,
     Albert M. Kookesh,
       Chairman of the Board.
     Chris E. McNeil, Jr.
       President and CEO.
                                 ______