[Congressional Record Volume 172, Number 115 (Wednesday, July 15, 2026)]
[Senate]
[Pages S4114-S4116]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6700. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1__. UNRECOGNIZED SOUTHEAST ALASKA NATIVE COMMUNITIES
RECOGNITION AND COMPENSATION ACT.
(a) Short Title.--This section may be cited as the
``Unrecognized Southeast Alaska Native Communities
Recognition and Compensation Act''.
(b) Purpose.--The purpose of this section is to redress the
omission of the southeastern Alaska communities of Haines,
Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.) by authorizing the Alaska Natives enrolled in the
communities--
(1) to form Urban Corporations for the communities of
Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.); and
(2) to receive certain settlement land pursuant to that
Act.
(c) Establishment of Additional Native Corporations.--
Section 16 of the Alaska Native Claims Settlement Act (43
U.S.C. 1615) is amended by adding at the end the following:
``(e) Native Villages of Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell, Alaska.--
``(1) In general.--The Native residents of each of the
Native Villages of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell, Alaska, may organize as Urban Corporations.
``(2) Effect on entitlement to land.--Nothing in this
subsection affects any entitlement to land of any Native
Corporation established before the date of enactment of this
subsection pursuant to this Act or any other provision of
law.''.
(d) Shareholder Eligibility.--Section 8 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1607) is amended by
adding at the end the following:
``(d) Native Villages of Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell.--
``(1) In general.--The Secretary shall enroll to each of
the Urban Corporations for Haines, Ketchikan, Petersburg,
Tenakee, or Wrangell those individual Natives who enrolled
under this Act to the Native Villages of Haines, Ketchikan,
Petersburg, Tenakee, or Wrangell, respectively.
``(2) Number of shares.--Each Native who is enrolled to an
Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee,
or Wrangell pursuant to paragraph (1) and who was enrolled as
a shareholder of the Regional Corporation for Southeast
Alaska shall receive 100 shares of Settlement Common Stock in
the respective Urban Corporation.
``(3) Natives receiving shares through inheritance.--If a
Native received shares of stock in the Regional Corporation
for Southeast Alaska through inheritance from a decedent
Native who originally enrolled to the Native Village of
Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the
decedent Native was not a shareholder in a Village
Corporation or Urban Corporation, the Native shall receive
the identical number of shares of Settlement Common Stock in
the Urban Corporation for Haines, Ketchikan, Petersburg,
Tenakee, or Wrangell as the number of shares inherited by
that Native from the decedent Native who would have been
eligible to be enrolled to the respective Urban Corporation.
``(4) Effect on entitlement to land.--Nothing in this
subsection affects any previous or future allocation of
acreage to any Regional Corporation pursuant to section 12(b)
or 14(h)(8).''.
(e) Distribution Rights.--Section 7 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1606) is amended--
(1) in subsection (j)--
(A) in the third sentence, by striking ``In the case'' and
inserting the following:
``(3) Thirteenth regional corporation.--In the case'';
(B) in the second sentence, by striking ``Not less'' and
inserting the following:
``(2) Minimum allocation.--Not less'';
(C) by striking ``(j) During'' and inserting the following:
``(j) Distribution of Corporate Funds and Other Net
Income.--
``(1) In general.--During''; and
(D) by adding at the end the following:
``(4) Native villages of haines, ketchikan, petersburg,
tenakee, and wrangell.--Native members of the Native Villages
of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who
become shareholders in an Urban Corporation for such a Native
Village shall continue to be eligible to receive
distributions under this subsection as at-large shareholders
of the Regional Corporation for Southeast Alaska.''; and
(2) by adding at the end the following:
``(s) Effect of Amendatory Act.--The Unrecognized Southeast
Alaska Native Communities Recognition and Compensation Act
and the amendments made by that Act shall not affect--
``(1) the ratio for determination of revenue distribution
among Native Corporations under this section; or
``(2) the settlement agreement among Regional Corporations
or Village Corporations or other provisions of subsection (i)
or (j).''.
(f) Compensation.--The Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) is amended by adding at the end the
following:
``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN,
PETERSBURG, TENAKEE, AND WRANGELL.
``(a) Definition of Urban Corporation.--In this section,
the term `Urban Corporation' means each of the Urban
Corporations for Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell.
``(b) Conveyances of Land.--
``(1) Authorization.--
``(A) Conveyances to urban corporations.--
``(i) In general.--Subject to valid existing rights and
paragraphs (3), (4), (5), and (6), the Secretary shall
convey--
``(I) to the Urban Corporation for Haines, in accordance
with clause (ii), the surface estate in 13 parcels of Federal
land comprising approximately 23,040 acres, as generally
depicted on the maps entitled `Haines Selections', numbered 1
through 3, and dated June 27, 2025;
``(II) to the Urban Corporation for Ketchikan, the surface
estate in 8 parcels of Federal land comprising approximately
23,040 acres, as generally depicted on the maps entitled
`Ketchikan Selections', numbered 1 through 4, and dated June
27, 2025 (except the mining claim AA-91521 in Sec. 4, T. 78
S., R. 88 E., Copper River Meridian, as generally depicted on
the map entitled `Kitkun Cove', numbered 1 of 4);
``(III) to the Urban Corporation for Petersburg, the
surface estate in 12 parcels of Federal land comprising
approximately 23,040 acres, as generally depicted on the maps
entitled `Petersburg Selections', numbered 1 through 3, and
dated June 27, 2025 (except the Lighthouse withdrawals USS
Nos. 1710 and 1711, in Sec. 15, 16, and 22, T. 56 S., R. 76
E., Copper River Meridian, as generally depicted on the map
entitled `Portage Bay East', numbered 1 of 3);
``(IV) to the Urban Corporation for Tenakee, the surface
estate in 15 parcels of Federal land comprising approximately
23,040 acres, as generally depicted on the maps entitled
`Tenakee Selections', numbered 1 through 3, and dated June
27, 2025; and
``(V) to the Urban Corporation for Wrangell, the surface
estate in 13 parcels of Federal land comprising approximately
23,040 acres, as generally depicted on the maps entitled
`Wrangell Selections', numbered 1 through 5, and dated June
27, 2025.
``(ii) Haines phases; conditions.--
``(I) Conveyance phases.--The conveyance to the Urban
Corporation for Haines under
[[Page S4115]]
clause (i)(I) in the selection area at Slate Creek, Berners
Bay, as generally depicted on the map entitled `Haines
Selections', map 2 of 3, and dated June 27, 2025 (referred to
in this subclause as the `Map'), shall be completed in the
following 2 phases:
``(aa) Phase 1.--The Secretary shall convey to the Urban
Corporation for Haines the parcel of Federal land comprising
approximately 81 acres, as generally depicted on the Map as
`Slate Ck. West Shore'.
``(bb) Phase 2.--Subject to the conditions described in
subclause (II), and on an application for conveyance by the
Urban Corporation for Haines, the Secretary shall convey to
the Urban Corporation for Haines--
``(AA) the parcel of Federal land comprising approximately
37 acres, as generally depicted on the Map as `Slate Ck. West
Shore North'; and
``(BB) the parcel of Federal land comprising approximately
55 acres, as generally depicted on the Map as `Slate Ck. East
Shore'.
``(II) Phase 2 conditions.--The phase 2 conveyance
described in subclause (I)(bb) shall occur on the earliest of
the date on which--
``(aa) the Federal mining claims underlying the Federal
land described in that subclause are relinquished;
``(bb) the Federal mining claims underlying the Federal
land described in that subclause are abandoned, on a
determination by the Secretary that the Federal mining claims
are void and forfeited; and
``(cc) Coeur Alaska Inc. (or a successor in interest)
consents that the Federal land described in that subclause
can be conveyed prior to any relinquishment or abandonment of
the Federal mining claims underlying that land.
``(B) Conveyances to regional corporation for southeast
alaska.--Subject to valid existing rights, on the applicable
date on which the surface estate in land is conveyed to an
Urban Corporation under subparagraph (A)(i), the Secretary
shall convey to the Regional Corporation for Southeast Alaska
the subsurface estate for that land.
``(C) Congressional intent.--
``(i) In general.--Subject to clause (ii), it is the intent
of Congress that the Secretary complete the interim
conveyance of the surface estate in land to an Urban
Corporation under subparagraph (A)(i) not later than the date
that is 2 years after the applicable date of incorporation of
the Urban Corporation under section 16(e)(1).
``(ii) Exception.--As the Secretary determines to be
necessary, the Secretary may extend the 2-year deadline
established by clause (i) by not more than 1 year for any
individual parcel of land to allow for the conclusion of any
pending appeal of a public easement decision for the
applicable parcel pursuant to section 17(b), subject to the
requirement that the final conveyance of the surface estate
with respect to the applicable parcel shall be completed as
soon as practicable after the date on which the appeal is
concluded.
``(D) Finalization of entitlement.--The conveyances under
subparagraph (A)(i) of approximately 23,040 acres of land to
each Urban Corporation shall be considered to be the full and
final satisfaction of the entitlement of the southeastern
Alaska communities of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell under this Act, notwithstanding whether the
surveyed acreage of the parcels of land described in
subclauses (I) through (V) of that subparagraph is less than
or more than 23,040 acres in the case of each Urban
Corporation.
``(2) Withdrawal.--
``(A) In general.--Subject to valid existing rights, the
Federal land described in paragraph (1) is withdrawn from all
forms of--
``(i) entry, appropriation, or disposal under the public
land laws;
``(ii) location, entry, and patent under the mining laws;
and
``(iii) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
``(B) Termination.--The withdrawal under subparagraph (A)
shall remain in effect until the date on which the Federal
land is conveyed under paragraph (1).
``(3) Treatment of land conveyed.--Except as otherwise
provided in this section, any land conveyed to an Urban
Corporation under paragraph (1)(A)(i)--
``(A)(i) shall be considered to be land conveyed by the
Secretary under paragraph (3) of section 14(h); but
``(ii) shall not be subject to the requirements under that
section that the land be vacant, unappropriated, and
unreserved; and
``(B) shall be subject to all laws (including regulations)
applicable to entitlements under section 14(h)(3), including
section 907(d) of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1636(d)).
``(4) Public easements.--
``(A) In general.--Subject to subparagraph (C), the
conveyance and patents for the land under paragraph (1)(A)(i)
shall be subject to the reservation before the conveyance of
public easements under section 17(b).
``(B) Termination.--No public easement reserved on land
conveyed under paragraph (1)(A)(i) shall be terminated by the
Secretary without publication of notice of the proposed
termination in the Federal Register.
``(C) Reservation of easements.--In the conveyance and
patent for any parcel of land under paragraph (1)(A)(i) for
which the easement reservation process has not been completed
by the date that is 2 years after the applicable date of
incorporation of the Urban Corporation under section
16(e)(1), or, in the case of an appeal of a public easement
under section 17(b), by the date that is 3 years after the
applicable date of incorporation, the Secretary shall--
``(i) convey the parcel of land; and
``(ii) as part of the conveyance and patent for the parcel
of land under clause (i), reserve the right of the Secretary
to amend the conveyance and patent to include reservations of
public easements under section 17(b) until the date of
completion of the easement reservation process.
``(D) State of alaska easements.--Nothing in this Act
modifies, changes, or terminates the rights-of-way granted to
the State under--
``(i) section 4407 of the SAFETEA-LU (Public Law 109-59;
119 Stat. 1777); or
``(ii) the 2006 memorandum of understanding between the
State and the Forest Service to implement that section.
``(5) Hunting, fishing, recreation, and access.--
``(A) In general.--Any land conveyed under paragraph
(1)(A)(i), including access to the land through roadways,
trails, and forest roads, shall remain open and available to
subsistence uses, noncommercial recreational hunting and
fishing, and other noncommercial recreational uses by the
public under applicable law--
``(i) without liability on the part of the Urban
Corporation, except for willful acts of the Urban
Corporation, to any user as a result of the use; and
``(ii) subject to--
``(I) any reasonable restrictions that may be imposed by
the Urban Corporation on the public use--
``(aa) to ensure public safety;
``(bb) to minimize conflicts between recreational and
commercial uses;
``(cc) to protect cultural resources;
``(dd) to conduct scientific research; or
``(ee) to provide environmental protection; and
``(II) the condition that the Urban Corporation post on any
applicable property, in accordance with State law, notices of
the restrictions on use.
``(B) Effect.--Access provided to any individual or entity
under subparagraph (A) shall not--
``(i) create an interest in any third party in the land
conveyed under paragraph (1)(A)(i); or
``(ii) provide standing to any third party in any review
of, or challenge to, any determination by the Urban
Corporation with respect to the management or development of
the land conveyed under paragraph (1)(A)(i), except as
against the Urban Corporation for the management of public
access under subparagraph (A).
``(6) Miscellaneous.--
``(A) Special use authorizations.--
``(i) In general.--On the conveyance of land to an Urban
Corporation under paragraph (1)(A)(i)--
``(I) any guiding or outfitting special use authorization
issued by the Forest Service for the use of the conveyed land
shall terminate; and
``(II) as a condition of the conveyance and consistent with
section 14(g), the Urban Corporation shall issue the holder
of the special use authorization terminated under subclause
(I) 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--
``(aa) the remainder of the term of the authorization; and
``(bb) 1 additional consecutive 10-year renewal period.
``(ii) Notice of commercial activities.--The Urban
Corporation, and any holder of a guiding or outfitting
authorization under this subparagraph, 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 the Urban Corporation under paragraph (1)(A)(i).
``(iii) Negotiation of new terms.--Nothing in this
paragraph precludes the Urban Corporation and the holder of a
guiding or outfitting authorization from negotiating a new
mutually agreeable guiding or outfitting authorization.
``(iv) Liability.--Neither the Urban Corporation nor the
United States shall bear any liability, except for willful
acts of the Urban Corporation or the United States, regarding
the use and occupancy of any land conveyed to the Urban
Corporation under paragraph (1)(A)(i), as provided in any
outfitting or guiding authorization under this paragraph.
``(B) Mutual use agreement for roads and facilities.--
``(i) In general.--The Secretary of Agriculture shall seek
to enter into a binding mutual use agreement for--
``(I) the use of National Forest System roads and related
transportation facilities (including marine access
facilities, log transfer facilities, sort yards, and
associated log rafting and storage areas) in the Tongass
National Forest by the Urban Corporation and designees of the
Urban Corporation; and
``(II) the use of the roads and related transportation
facilities (including marine access facilities, log transfer
facilities, sort yards, and associated log rafting and
storage areas) of the Urban Corporation by the Forest Service
and designees of the Forest Service.
``(ii) Terms and conditions.--The binding mutual use
agreement under clause (i)--
``(I) shall provide that the use of road and transportation
facilities infrastructure by a third party shall not begin
until the date on
[[Page S4116]]
which the third party signs a mutual use agreement entered
into with the Urban Corporation;
``(II) shall provide that the State (including entities and
designees of the State) shall be authorized to use the roads
and related transportation facilities of the Urban
Corporation on substantially similar terms as are provided by
the Urban Corporation to the Forest Service;
``(III) shall include restrictions on, and fees for, the
use of the National Forest System roads and related
transportation facilities in existence as of the date of
enactment of this section, as necessary, that are reasonable
and comparable to the restrictions and fees imposed by the
Forest Service for the use of the roads and related
transportation facilities;
``(IV) shall not restrict or limit any access to the roads
and related transportation facilities of the Urban
Corporation or the Forest Service that may be otherwise
provided by valid existing rights and agreements in existence
as of the date of enactment of this section; and
``(V) shall provide for periodic updates to the mutual use
agreement if the terms and conditions of the updated mutual
use agreement are consistent with the terms and conditions
described in subclauses (I) through (IV).
``(iii) Intent of congress.--It is the intent of Congress
that the mutual use agreement under clause (i) shall be
entered into as soon as practicable after the date of
enactment of this section and in any case by not later than 1
year after the date of incorporation of the Urban
Corporation.
``(iv) Continued access.--Beginning on the date on which
the land is conveyed to the Urban Corporation under paragraph
(1)(A)(i) and ending on the effective date of a binding
mutual use agreement entered into under clause (i), the Urban
Corporation shall provide and allow administrative access to
roads and related transportation facilities on the land under
substantially similar terms as are provided by the Forest
Service as of the date of enactment of this section.
``(C) Effect on other laws.--
``(i) In general.--Nothing in this section delays the duty
of the Secretary to convey land to--
``(I) the State under Public Law 85-508 (commonly known as
the `Alaska Statehood Act') (48 U.S.C. note prec. 21); or
``(II) a Native Corporation under--
``(aa) this Act; or
``(bb) the Alaska Land Transfer Acceleration Act (43 U.S.C.
1611 note; Public Law 108-452).
``(ii) Statehood entitlement.--
``(I) In general.--Statehood selections under Public Law
85-508 (commonly known as the `Alaska Statehood Act') (48
U.S.C. note prec. 21) are not displaced by the parcels of
land described in subclauses (I) through (V) of paragraph
(1)(A)(i).
``(II) Boundary adjustments.--In the event of a dispute
between an area selected as a Statehood selection and a
parcel of land referred to in subclause (I), the Secretary
shall work with the Urban Corporation and the State in good
faith to adjust the boundary of the parcel to exclude any
area selected as a Statehood selection.
``(iii) 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--
``(I) this Act; and
``(II) the Alaska Land Transfer Acceleration Act (43 U.S.C.
1611 note; Public Law 108-452).
``(iv) Fish and wildlife.--Nothing in this section 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.
``(D) Maps.--
``(i) Availability.--Each map referred to in paragraph
(1)(A)(i) shall be available in the appropriate offices of
the Secretary and the Secretary of Agriculture.
``(ii) Corrections.--The Secretary, in consultation with
the Secretary of Agriculture, may make any necessary
correction to a clerical or typographical error in a map
referred to in paragraph (1)(A)(i).
``(7) Escrow funds.--Beginning on the date of enactment of
this section, 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
paragraph (2).
``(c) Conveyance of Roads, Trails, Log Transfer Facilities,
Leases, and Appurtenances.--
``(1) In general.--The land conveyed to an Urban
Corporation under subsection (b)(1)(A)(i) shall include all
right, title, and interest of the United States in all roads,
trails, log transfer facilities, leases, and appurtenances on
or related to the land conveyed to the Urban Corporation.
``(2) Conditions.--The land conveyed to an Urban
Corporation under subsection (b)(1)(A)(i) shall be subject to
all valid existing rights in accordance with section 14(g),
including any reciprocal rights-of-way, easements, or
agreements for the use of the roads, trails, log transfer
facilities, leases, and appurtenances conveyed under
subsection (b)(1)(A)(i).
``(3) Continuation of agreements.--
``(A) In general.--On or before the date on which land is
conveyed to an Urban Corporation under subsection
(b)(1)(A)(i), the Secretary of Agriculture and the Secretary
of the Interior shall provide to the Urban Corporation notice
of all reciprocal rights-of-way, easements, and agreements
for use of the roads, trails, log transfer facilities,
leases, and appurtenances on or related to the land in
existence as of the date of enactment of this section.
``(B) Requirement.--In accordance with section 14(g), any
right-of-way, easement, or agreement described in
subparagraph (A) shall continue unless the right-of-way,
easement, or agreement--
``(i) expires under its own terms; or
``(ii) is mutually renegotiated.
``(d) Settlement Trust.--
``(1) In general.--Each Urban Corporation may establish a
settlement trust in accordance with section 39 for the
purposes of promoting the health, education, and welfare of
the trust beneficiaries, and preserving the Native heritage
and culture, of the community of Haines, Ketchikan,
Petersburg, Tenakee, or Wrangell, as applicable.
``(2) Proceeds and income.--The proceeds and income from
the principal of a trust established under paragraph (1)
shall--
``(A) first be applied to the support of those enrollees,
and the descendants of the enrollees, who are elders or minor
children; and
``(B) thereafter to the support of all other enrollees.''.
____________________