[House Report 112-280]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-280
======================================================================
SOUTHEAST ALASKA NATIVE LAND ENTITLEMENT FINALIZATION AND JOBS
PROTECTION ACT
_______
November 10, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1408]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1408) to provide for the settlement of certain
claims under the Alaska Native Claims Settlement Act, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southeast Alaska Native Land
Entitlement Finalization and Jobs Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation system unit.--The term ``conservation system
unit'' has the meaning given the term in section 102 of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
3102).
(2) Sealaska.--The term ``Sealaska'' means the Sealaska
Corporation, a Regional Native Corporation created under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. 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 (the Regional Corporation for southeast Alaska), 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, received less than 1
percent of the lands set aside for Alaska Natives, and received
no 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 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 1968 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) in 1971;
(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));
(B) section 14(h) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1613(h)) authorized the Secretary to withdraw and
convey 2,000,000-acres of ``unreserved and unappropriated''
public lands in Alaska from which Alaska Native selections
could be made for historic sites, cemetery sites, Urban
Corporation land, Native group land, and Native Allotments;
(C) under section 14(h)(8) of the Alaska Native Claims
Settlement 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;
(D) the only Native 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;
(E) because at the time of enactment of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) all public land
in the Tongass National Forest had been reserved for purposes
of creating the national forest, the Secretary was not able to
withdraw any public land in the Tongass National Forest for
selection by and conveyance to Sealaska;
(F) at the time of enactment of the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) other public lands in
southeast Alaska not located in the Tongass National Forest
were not suitable for selection by and conveyance to Sealaska
because such lands were located in Glacier Bay National
Monument, were included in a withdrawal effected pursuant to
section 17(d)(2) of that Act (43 U.S.C. 1616(d)(2)) and slated
to become part of the Wrangell-St. Elias National Park, or
essentially consisted of mountain tops;
(G) Sealaska in 1975 requested that Congress amend the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to permit
the Regional Corporation to select lands inside of the
withdrawal areas established for southeast Alaska Native
villages under section 16 of that Act (43 U.S.C. 1615); and
(H) in 1976, Congress amended section 16 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1615) to allow Sealaska to
select lands under section 14(h)(8) of that Act (43 U.S.C.
1613(h)(8)) from land located inside, rather than outside, the
withdrawal areas established for southeast Alaska Native
villages;
(7) 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;
(8)(A) the existing 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 is not
authorized to request land located outside the withdrawal areas
described in subparagraph (A) if the withdrawal areas are
insufficient to complete the land entitlement of Sealaska under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.);
(9)(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; and
(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, it
became clear within the last decade that Sealaska will receive
significantly more than 200,000 acres pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(10) in light of the revised Bureau of Land Management
estimate of the total number of acres that Sealaska will
receive pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), and in consultation with Members of
Alaska's congressional delegation, Sealaska and its
shareholders believe that it is appropriate to allocate more of
the entitlement of Sealaska to--
(A) the acquisition of places of sacred, cultural,
traditional, and historical significance;
(B) the acquisition of sites with traditional and
recreational use value and sites suitable for renewable
energy development; and
(C) the acquisition of lands that are not within the
watersheds of Native and non-Native communities and are
suitable economically and environmentally for natural
resource development;
(11)(A) 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;
(B) Sealaska seeks cooperative agreements to ensure that
cultural 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; and
(C) Congress recognizes that there is an existing Memorandum
of Understanding (MOU) between the Park Service and the Hoonah
Indian Association, and does not intend to circumvent the MOU;
rather the intent is to ensure that this and similar mechanisms
for cooperative management in Glacier Bay are required by law;
(12)(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 the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) that hinders the
ability of Sealaska to use the sites for cultural, educational,
or research purposes for Alaska Natives and others;
(B) historic sites managed by the Forest Service are not
subject to the limitations referred to in subparagraph (A); and
(C) Alaska Natives of southeast Alaska should be permitted to
use cemetery sites and historic places in a manner that is--
(i) consistent with the sacred, cultural,
traditional, or historic nature of the site; and
(ii) not inconsistent with the management plans for
adjacent public land;
(13) 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
paragraphs (7) and (8) are composed of salt water and not
available for selection;
(14) 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.);
(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;
(ii) sites with traditional and recreation
use value and sites suitable for renewable
energy development; and
(iii) lands that meet the real economic needs
of the shareholders of Sealaska;
(17) unless Sealaska is allowed to select land outside
designated withdrawal areas in southeast Alaska, Sealaska will
not be able to--
(A) complete the land entitlement selections of
Sealaska under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) in a manner that meets the
cultural, social, and economic needs of Native
shareholders;
(B) avoid land selections in watersheds that are the
exclusive drinking water supply for regional
communities, support world class salmon streams, have
been identified as important habitat, or would
otherwise be managed by the Forest Service as roadless
and old growth forest reserves;
(C) secure ownership of places of sacred, cultural,
traditional, and historical importance to the Alaska
Natives of southeast Alaska; and
(D) continue to support forestry jobs and economic
opportunities for Alaska Natives and other residents of
rural southeast Alaska;
(18)(A) the rate of unemployment in southeast Alaska exceeds
the statewide rate of unemployment on a non-seasonally adjusted
basis;
(B) in January 2011, the Alaska Department of Labor and
Workforce Development reported the unemployment rate for the
Prince of Wales--Outer Ketchikan census area at approximately
16.2 percent;
(C) in October 2007, the Alaska Department of Labor and
Workforce Development projected population losses between 1996
and 2030 for the Prince of Wales--Outer Ketchikan census area
at 56.6 percent;
(D) official unemployment rates severely underreport the
actual level of regional unemployment, particularly in Native
villages; and
(E) additional job losses will exacerbate outmigration from
Native and non-Native communities in southeast Alaska;
(19) Sealaska has played, and is expected to continue to
play, a significant role in the health of the southeast Alaska
economy;
(20) 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 Alaska Native
shareholders;
(B) supported hundreds of jobs for Alaska Native
shareholders and non-shareholders in southeast Alaska
for more than 30 years; and
(C) been a significant economic force in southeast
Alaska;
(21) 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;
(22) resource development operations maintained by Sealaska--
(A) support hundreds of jobs in the southeast Alaska
region;
(B) make timber available to local and domestic
sawmills and other wood products businesses such as
guitar manufacturers;
(C) support firewood programs for local communities;
(D) support maintenance of roads utilized by local
communities for subsistence and recreation uses;
(E) support development of new biomass energy
opportunities in southeast Alaska, reducing dependence
on high-cost diesel fuel for the generation of energy;
(F) provide start-up capital for innovative business
models in southeast Alaska that create new
opportunities for non-timber economic development in
the region, including support for renewable biomass
initiatives, Alaska Native artisans, and rural
mariculture farming; and
(G) support Native education and cultural and
language preservation activities;
(23) 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.);
(24) 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;
(25) 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;
(B) other sites with traditional and recreation use
value and sites suitable for renewable energy
development to facilitate appropriate tourism and
outdoor recreation enterprises and renewable energy
development for rural southeast Alaska communities; and
(C) lands that are suitable economically and
environmentally for natural resource development;
(26) on completion of the conveyances of land of 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 should be removed, which will facilitate
thorough and complete planning and efficient management
relating to national forest land in southeast Alaska by the
Forest Service;
(27) although the Tribal Forest Protection Act (25 U.S.C.
3101 note; Public Law 108-278) defines the term ``Indian
tribe'' to include Indian tribes under section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b), a term which includes ``any Alaska Native village or
regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act . . .'',
the Tribal Forest Protection Act does not define the term
``Indian forest land or rangeland'' to include lands owned by
Alaska Native Corporations, including Sealaska, which are the
primary Indian forest land owners in Alaska, and therefore, the
Tribal Forest Protection Act should be amended in a manner that
will--
(A) permit Native Corporations, including Sealaska,
as Indian forest land owners in Alaska, to work with
the Secretary of Agriculture under the Tribal Forest
Protection Act to address forest fire and insect
infestation issues, including the spread of the spruce
bark beetle in southeast and southcentral Alaska, which
threaten the health of the Native forestlands; and
(B) ensure that Native Corporations, including
Sealaska, can participate in programs administered by
the Secretary of Agriculture under the Tribal Forest
Protection Act without including Native Corporations
under the definition in that Act of ``Indian forest
land or rangeland'' or otherwise amending that Act in a
manner that validates, invalidates, or otherwise
affects any claim regarding the existence of Indian
country in the State of Alaska; and
(28) the National Historic Preservation Act (16 U.S.C. 470 et
seq.) defines the term ``Indian tribe'' to include any ``Native
village, Regional Corporation or Village Corporation, as those
terms are defined in section 3 of the Alaska Native Claims
Settlement Act'' but does not define the term ``Tribal lands''
to include lands owned by Alaska Native Corporations, thereby
excluding from the National Historic Preservation Act cemetery
sites and historical places transferred to Native Corporations,
including Sealaska, pursuant to the Alaska Native Claims
Settlement Act, and therefore, the National Historic
Preservation Act should be amended in a manner that will--
(A) permit Native Corporations, including Sealaska,
as owners of Indian cemetery sites and historical
places in Alaska, to work with the Secretary of the
Interior under the National Historic Preservation Act
to secure grants and other support to manage their own
historic sites and programs pursuant to that Act; and
(B) ensure that Native Corporations, including
Sealaska, can participate in programs administered by
the Secretary of the Interior under the National
Historic Preservation Act without including Native
Corporations under the definition in that Act of
``Tribal lands'' or otherwise amending that Act in a
manner that validates, invalidates, or otherwise
affects any claim regarding the existence of Indian
country in the State of Alaska.
(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 in a manner that meets the cultural, social, and
economic needs of Native shareholders, including the need to maintain
jobs supported by Sealaska in rural southeast Alaska communities.
SEC. 4. SELECTIONS IN SOUTHEAST ALASKA.
(a) Selection by Sealaska.--
(1) In general.--Notwithstanding section 14(h)(8) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)),
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 subsections (b) and (c).
(2) Treatment of land conveyed.--Land conveyed pursuant to
this Act are to be treated as land conveyed pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
subject to, but not limited to--
(A) reservation of public easements across land
pursuant to section 17(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1616(b));
(B) valid existing rights pursuant to section 14(g)
of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(g)); and
(C) the land bank protections of section 907(d) of
the Alaska National Interest and Lands Conservation Act
(43 U.S.C. 1636(d)).
(b) Withdrawal of Land.--The following public land is withdrawn,
subject to valid existing rights, from all forms of appropriation under
public land laws, including the mining and mineral leasing laws, and
from selection under the Act of July 7, 1958 (commonly known as the
``Alaska Statehood Act'') (48 U.S.C. note prec. 21; Public Law 85-508),
and shall be available for selection by and conveyance to Sealaska to
complete the remaining land entitlement of Sealaska under section
14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(8)):
(1) Land identified on the maps dated February 1, 2011, and
labeled ``Attachment A (Maps 1 through 8)''.
(2) Sites with traditional, recreational, and renewable
energy use value, as identified on the map entitled ``Sites
with Traditional, Recreational, and Renewable Energy Use
Value'', dated February 1, 2011, and labeled ``Attachment D'',
subject to the condition that not more than 5,000 acres shall
be selected for those purposes.
(3) Sites identified on the map entitled ``Traditional and
Customary Trade and Migration Routes'', dated February 1, 2011,
and labeled ``Attachment C'', which includes an identification
of--
(A) 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'' on the map entitled ``Traditional and Customary
Trade and Migration Routes'', dated February 1, 2011,
and labeled ``Attachment C'';
(B) 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'' on the map entitled
``Traditional and Customary Trade and Migration
Routes'', dated February 1, 2011, and labeled
``Attachment C''; and
(C) 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'' on the map entitled
``Traditional and Customary Trade and Migration
Routes'', dated February 1, 2011, and labeled
``Attachment C''.
(c) Sites With Sacred, Cultural, Traditional, or Historic
Significance.--Subject to the criteria and procedures applicable to
land selected pursuant to section 14(h)(1) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(h)(1)) and set forth in the regulations
promulgated at section 2653.5 of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this Act), except as
otherwise provided in this Act--
(1) Sealaska shall have a right to identify up to 3,600 acres
of sites with sacred, cultural, traditional, or historic
significance, including archeological sites, cultural
landscapes, and natural features having cultural significance;
and
(2) on identification of the land by Sealaska under paragraph
(1), the identified land shall be--
(A) withdrawn, subject to valid existing rights, from
all forms of appropriation under public land laws,
including the mining and mineral leasing laws, and from
selection under the Act of July 7, 1958 (commonly known
as the ``Alaska Statehood Act'') (48 U.S.C. note prec.
21; Public Law 85-508); and
(B) available for selection by and conveyance to
Sealaska to complete the remaining land entitlement of
Sealaska under section 14(h)(8) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(8)) subject to
the conditions that--
(i) no sites with sacred, cultural,
traditional, or historic significance may be
selected from within a unit of the National
Park System; and
(ii) beginning on the date that is 15 years
after the date of enactment of this Act,
Sealaska shall be limited to identifying not
more than 360 acres of sites with sacred,
cultural, traditional, or historic significance
under this subsection.
(d) Forest Development Roads.--Sealaska shall receive from the United
States, subject to all necessary State and Federal permits,
nonexclusive easements to Sealaska to allow--
(1) access on the forest development road and use of the log
transfer site identified in paragraphs (3)(b), (3)(c) and
(3)(d) of the patent numbered 50-85-0112 and dated January 4,
1985;
(2) access on the forest development road identified in
paragraphs (2)(a) and (2)(b) of the patent numbered 50-92-0203
and dated February 24, 1992;
(3) access on the forest development road identified in
paragraph (2)(a) of the patent numbered 50-94-0046 and dated
December 17, 1993;
(4) access on the forest development roads and use of the log
transfer facilities identified on the maps dated February 1,
2011, and labeled ``Attachment A (Maps 1 through 8)'';
(5) a reservation of a right to construct a new road to
connect to existing forest development roads as generally
identified on the maps identified in paragraph (4); and
(6) access to and reservation of a right to construct a new
log transfer facility and log storage area at the location
identified on the maps identified in paragraph (4).
SEC. 5. CONVEYANCES TO SEALASKA.
(a) Timeline for Conveyance.--
(1) In general.--Subject to paragraphs (2), (3), and (4), the
Secretary shall work with Sealaska to develop a mutually
agreeable schedule to complete the conveyance of land to
Sealaska under this Act.
(2) Final priorities.--Consistent with the provisions of
section 403 of the Alaska Land Transfer Acceleration Act (43
U.S.C. 1611 note; Public Law 108-452), not later than 18 months
after the date of enactment of this Act, Sealaska shall submit
to the Secretary the final, irrevocable priorities for
selection of land withdrawn under section 4(b)(1).
(3) Substantial completion required.--Not later than two
years after the date of selection by Sealaska of land withdrawn
under section 4(b)(1), the Secretary shall substantially
complete the conveyance of the land to Sealaska under this Act.
(4) Effect.--Nothing in this Act shall interfere with or
cause any delay in the duty of the Secretary to convey land to
the State of Alaska under section 6 of the Act of July 7, 1958
(commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21; Public Law 85-508).
(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 section 14(h)(8) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1613(h)(8))--
(1) the right of Sealaska to receive any land under that Act
from within a withdrawal area established under subsections (a)
and (d) of section 16 of that Act shall be terminated;
(2) the withdrawal areas set aside for selection by Native
Corporations in southeast Alaska under subsections (a) and (d)
of section 16 of that Act shall be rescinded; and
(3) land located within a withdrawal area that is not
conveyed to Sealaska or to a southeast Alaska Village
Corporation or Urban Corporation shall be returned to the
unencumbered management of the Forest Service as part of the
Tongass National Forest.
(c) Limitation.--Sealaska shall not select or receive under this Act
any conveyance of land pursuant to paragraphs (1) or (2) of section
4(b) located within any conservation system unit.
(d) Applicable Easements and Public Access.--
(1) In general.--In addition to the reservation of public
easements under section 4(a)(2)(A), the conveyance to Sealaska
of land withdrawn pursuant to paragraphs (1) and (3) of section
4(b) that are 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 maps dated February 1,
2011, and labeled ``Attachment A (Maps 1 through 8)'';
(B) a reservation for easements for public access on
the temporary roads designated by the Forest Service as
of the date of the enactment of this Act for the public
access trails depicted on the maps described in
subparagraph (A); and
(C) 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, subject to--
(i) the right of Sealaska to regulate access
to ensure public safety, to protect cultural or
scientific resources, and to provide
environmental protection; and
(ii) the condition that Sealaska shall post
on any applicable property, in accordance with
State law, notices of the conditions on use.
(2) Sacred, cultural, traditional and historic sites.--The
conveyance to Sealaska of land withdrawn pursuant to section
4(c) that is located outside of 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) the right of public access across the conveyances
where no reasonable alternative access around the land
is available without liability to Sealaska; and
(B) the right of Sealaska to regulate access across
the conveyances to ensure public safety, to protect
cultural or scientific resources, to provide
environmental protection, or to prohibit activities
incompatible with the use and enjoyment of the land by
Sealaska, subject to the condition that Sealaska shall
post on any applicable property, in accordance with
State law, notices of any such condition.
(3) Traditional and customary trade and migration routes.--
The conveyance to Sealaska of land withdrawn pursuant to
section 4(b)(3) that is located outside of 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
requirement that Sealaska provide public access across such
linear conveyances if an adjacent landowner or the public has a
legal right to use the adjacent private or public land.
(4) Sites with traditional, recreational, and renewable
energy use value.--The conveyance to Sealaska of land withdrawn
pursuant to section 4(b)(2) that is located outside of 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) the right of public access across the land
without liability to Sealaska; and
(B) the condition that public access across the land
would not be unreasonably restricted or impaired.
(5) Effect.--No right of access provided to any individual or
entity (other than Sealaska) by this subsection--
(A) creates any interest, other than an interest
retained by the United States, 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 with respect to the
management or development of the applicable land.
(e) Conditions on Sacred, Cultural, and Historic Sites and
Traditional and Customary Trade and Migration Routes.--The conveyance
to Sealaska of land withdrawn pursuant to sections 4(b)(3) and 4(c)--
(1) shall be subject to a covenant prohibiting any commercial
timber harvest or mineral development on the land;
(2) shall allow use of the land as described in subsection
(f); and
(3) 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)).
(f) Uses of Sacred, Cultural, Traditional, and Historic Sites and
Traditional and Customary Trade and Migration Routes.--Any land
conveyed to Sealaska from land withdrawn pursuant to sections 4(b)(3)
and 4(c) may be used for--
(1) preservation of cultural knowledge and traditions
associated with the site;
(2) historical, cultural, and scientific research and
education;
(3) public interpretation and education regarding the
cultural significance of the site 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--
(A) are consistent with the sacred, cultural,
traditional, or historic nature of the site; and
(B) are not inconsistent with the management plans
for adjacent public land.
(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 Federal regulations contained in sections
2653.5(a) 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)(1)), terminates as a matter
of law 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 Sites With Traditional, Recreational, and Renewable
Energy Use Value.--Each conveyance of land to Sealaska from land
withdrawn pursuant to section 4(b)(2) shall be subject to a covenant
prohibiting any commercial timber harvest or mineral development.
(i) Escrow Funds for Withdrawn Land.--On the withdrawal by this Act
of land identified for selection by Sealaska, the escrow requirements
of section 2 of Public Law 94-204 (43 U.S.C. 1613 note), shall
thereafter apply to the withdrawn land.
(j) Guiding and Outfitting Special Use Permits or Authorizations.--
(1) In general.--Consistent with the provisions of section
14(g) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(g)), except as modified herein, on land conveyed to
Sealaska from land withdrawn pursuant to sections 4(b)(1) and
4(b)(2), an existing holder of a guiding or outfitting special
use permit or authorization issued by the Forest Service shall
be entitled to its rights and privileges on the land for the
remaining term of the permit, as of the date of conveyance to
Sealaska, and for 1 subsequent 10-year renewal of the permit,
subject to the condition that the rights shall be considered a
valid existing right reserved pursuant to section 14(g) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), and
shall be managed accordingly.
(2) Notice of commercial activities.--Sealaska, with respect
to the holder of a guiding or outfitting special use permit or
authorization under this subsection, and a permit holder
referenced in this subsection, with respect to Sealaska, shall
have an obligation to inform the other party of their
respective commercial activities before engaging in the
activities on land, which has been conveyed to Sealaska under
this Act, subject to the permit or authorization.
(3) Negotiation of new terms.--Nothing in this subsection
precludes Sealaska and a permit holder under this subsection
from negotiating new mutually agreeable permit terms that
supersede the requirements of--
(A) this subsection;
(B) section 14(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1613(g)); or
(C) any deed covenant.
(4) Liability.--Sealaska shall bear no liability regarding
use and occupancy pursuant to special use permits or
authorizations on land selected or conveyed pursuant to this
Act.
SEC. 6. MISCELLANEOUS.
(a) Status of Conveyed Land.--Each conveyance of Federal land to
Sealaska pursuant to this Act, and each Federal 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 5, 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.--Except as required by paragraph (2),
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 adjustments 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) Technical Corrections.--
(1) Tribal forest protection.--Section 2 of the Tribal Forest
Protection Act of 2004 (25 U.S.C. 3115a) is amended by adding
at the end a new subsection (h):
``(h)(1) Land owned by an Alaska Native Corporation pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is
forest land or formerly had a forest cover or vegetative cover that is
capable of restoration shall be eligible for agreements and contracts
authorized under this Act and administered by the Secretary.
``(2) Nothing in this subsection validates, invalidates, or otherwise
affects any claim regarding the existence of Indian country (as defined
in section 1151 of title 18, United States Code) in the State of
Alaska.''.
(2) National historic preservation.--Section 101(d) of the
National Historic Preservation Act (16 U.S.C. 470a(d)), is
amended by adding at the end a new paragraph (7):
``(7)(A) Notwithstanding any other provision of law, an Alaska Native
tribe, band, nation or other organized group or community, including a
Native village, Regional Corporation, or Village Corporation, shall be
eligible to participate in all programs administered by the Secretary
under this Act on behalf of Indian tribes, including, but not limited
to, securing grants and other support to manage their own historic
preservation sites and programs on lands held by the Alaska Native
tribe, band, nation or other organized group or community, including a
Native village, Regional Corporation, or Village Corporation.
``(B) Nothing in this paragraph validates, invalidates, or otherwise
affects any claim regarding the existence of Indian country (as defined
in section 1151 of title 18, United States Code) in the State of
Alaska.''.
(e) Effect on Entitlement.--Nothing in this Act shall have any effect
upon the entitlement due to any Native Corporation, other than
Sealaska, under--
(1) the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.); or
(2) the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.).
SEC. 7. 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.
Purpose of the Bill
The purpose of H.R. 1408, as ordered reported, is to
provide for the settlement of certain claims under the Alaska
Native Claims Settlement Act.
Background and Need for Legislation
In 1971, Congress enacted the Alaska Native Claims
Settlement Act of 1971 (ANCSA, P.L. 92-203) to resolve
aboriginal claims to use and occupancy of all lands and waters
in Alaska. In Section 2(b) of the Act, Congress declared that:
[T]he settlement should be accomplished rapidly, with
certainty, in conformity with the real economic and
social needs of Natives, without litigation, with
maximum participation by Natives in decisions affecting
their rights and property, without establishing any
permanent racially defined institutions, rights,
privileges, or obligations, without creating a
reservation system or lengthy wardship or trusteeship,
and without adding to the categories of property and
institutions enjoying special tax privileges or to the
legislation establishing special relationships between
the United States Government and the State of Alaska;
Accordingly, ANCSA authorized the transfer of $1 billion
and fee title to 44 million acres of unreserved public land in
Alaska to 12 Regional Corporations and more than 200 Village
and Urban Corporations organized by Alaska Natives.
Sealaska is the Regional Corporation for 22,000 Tlingit,
Haida, and Tsimishian shareholders whose traditional homelands
are the 22 million-acre Southeast (Alaska Panhandle) region.
Unlike other Regional Corporations, Sealaska was not given a
land entitlement in proportion to its large Native population.
The Corporation estimates its final entitlement will be between
300,000 and 400,000 acres, around two percent of lands in
Southeast. In comparison, 94 percent of Southeast Alaska is in
federal ownership, 0.7 percent is in private ownership and two
percent is in State hands. About 85 percent of the region is in
a wilderness, conservation, or protected status.
Under ANCSA, the withdrawal ``boxes'' in which Sealaska
must select its remaining settlement lands overlay the sea or
roadless areas of the Tongass National Forest containing stands
of old growth trees. Such areas are unsuitable for development
of timber, minerals, cultural and historical preservation,
tourism, and other uses. This led Sealaska's Board of Directors
to request legislation allowing Sealaska to obtain its
remaining lands in several second-growth treed areas with
existing forest roads, where multiple uses are more feasible to
pursue.
The timber industry in Alaska is on life support. Since
1990, wilderness laws and regulations, Clinton Administration
cancellation of timber contracts, and environmentalist lawsuits
have reduced logging by over 90 percent in the Tongass, leading
to endemic poverty and joblessness across the region. According
to the State of Alaska, ``The population for virtually every
village and community in Southeast Alaska has fallen over the
last ten years.''
Highlighting the timber industry's condition, the Alaska
Forest Association testified:
Even though the Forest Service has a timber plan in
place which claims to provide up to 267 million board
feet annually, the agency has only offered about 15
mmbf of new timber sales annually. Because the timber
sale program on federal lands is so unreliable, it is
critical that private timber be available to support
our industry.
Testimony of Owen Graham, Executive Director, Alaska Forest
Association, May 20, 2011
H.R. 1408 allows the Sealaska Corporation to select its
remaining land entitlement pursuant to ANCSA from specified
federal lands in the Tongass National Forest, in lieu of lands
in ``withdrawal boxes'' that the corporation is otherwise
required to select.
Most of the lands Sealaska acquires under H.R. 1408 are
zoned under the Tongass Land Management Plan for eventual
timber management and are accessible by forest roads. Lands
that Sealaska relinquishes contain abundant stands of old
growth forest in roadless areas. The bill thus has the effect
of enhancing conservation values while sustaining and creating
jobs in the timber industry and the businesses that support it.
Except for government positions, commercial fishing, timber and
mining account for most of the high-wage jobs available
throughout rural Southeast Alaska. The bill is urgently needed
for the Southeast Alaska economy because, as the State of
Alaska explained, ``Southeast Alaska's remaining timber
industry . . . is on the verge of collapse . . . at its lowest
level of production since Alaska became a state in 1959.''
(Letter to Subcommittee Chairman and Ranking Member, May 24,
2011). Under the bill, Sealaska also acquires culturally
important sites. Finally, the bill amends the Tribal Forest
Protection Act and National Historic Preservation Act to give
Alaska Native villages, tribes, and ANCSA corporations the
opportunity to participate in these programs like other
recognized tribes.
Similar legislation, S. 730, is sponsored by Senator Lisa
Murkowski.
Committee Action
H.R. 1408 was introduced on April 6, 2011, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Indian and Alaska Native Affairs. On May 26, 2011, the
Subcommittee held a hearing on the bill. On July 13, 2011, the
Full Resources Committee met to consider the bill. The
Subcommittee on Indian and Alaska Native Affairs was discharged
by unanimous consent. Congressman Don Young (R-AK) offered
amendment designated .074; the amendment was adopted by
unanimous consent. Congressman Ed Markey (D-MA) offered
amendment designated .957; the amendment was not adopted by a
bipartisan roll call vote of 12-31, as follows:
Congressman John Garamendi (D-CA) offered amendment
designated .051; the amendment was not adopted by a bipartisan
roll call vote of 13-30, as follows:
Congressman John Garamendi (D-CA) offered amendment
designated .052; the amendment was not adopted by voice vote.
The bill, as amended, was ordered favorably reported to the
House of Representatives by a bipartisan roll call vote of 34-
10, as follows:
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1408--Southeast Alaska Native Land Entitlement Finalization and
Jobs Protection Act
Summary: H.R. 1408 would authorize the Southeast Alaska
Native Corporation (Sealaska) to select the rest of its land
entitlement from federal lands outside the area originally
delineated for that purpose by the Alaska Native Claims
Settlement Act. The bill also would authorize the Director of
the National Park Service (NPS) to enter into cooperative
management agreements with Sealaska and other groups with
cultural ties to Glacier Bay National Park.
Based on information from the Forest Service, CBO estimates
that enacting H.R. 1408 would result in a net loss of $2
million in timber receipts over the 2012-2021 period (such
losses would increase direct spending). Because enacting the
legislation would affect direct spending, pay-as-you-go
procedures apply. Enacting H.R. 1408 would not affect revenues.
H.R. 1408 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1408 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012-2016 2012-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority........................ 0 0 0 0 0 0 0 1 1 1 0 2
Estimated Outlays................................. 0 0 0 0 0 0 0 1 1 1 0 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components do not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that H.R.
1408 will be enacted early in fiscal year 2012. Though the
legislation would not grant additional lands to Sealaska, it
would allow Sealaska to select from federal lands that are not
available under current law and that are expected to generate
timber receipts for the Treasury (beginning around 2019); in
contrast, the lands available under current law are not
expected to generate receipts to the Treasury.
Based on information from the Forest Service, CBO estimates
that enacting the legislation would result in the transfer of
18,000 acres of old and second-growth forest land to Sealaska.
Proceeds from the sale of timber on federal land are deposited
in the Treasury as offsetting receipts (a credit against direct
spending). Based on information from the Forest Service, CBO
estimates that transferring that land to Sealaska would result
in a net loss of timber receipts, totaling about $2 million
over the 2012-2021 period and additional amounts after 2021.
H.R. 1408 would authorize the Director of the NPS to enter
into a cooperative agreement with Sealaska, other village
corporations, and federally recognized tribes with historical
ties to the area to recognize the contributions of those
entities to the history, culture, and ecology of the region and
to protect certain sacred and cultural sites in Glacier Bay
National Park. Based on information from the Department of the
Interior, CBO estimates that those agreements would have an
insignificant impact on the federal budget.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1408 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JULY 13, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012-2016 2012-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact.................... 0 0 0 0 0 0 0 1 1 1 0 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components do not sum to totals because of rounding.
Intergovernmental and private-sector impact: H.R. 1408
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Enacting this legislation would benefit
Sealaska.
Estimate prepared by: Federal costs: Martin von Gnechten;
Impact on state, local, and tribal governments: Melissa
Merrell; Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information from the
Forest Service, CBO estimates that enacting H.R. 1408 would
result in a net loss of $2 million in timber receipts over the
2012-2021 period (such losses would increase direct spending).
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to provide for
the settlement of certain claims under the Alaska Native Claims
Settlement Act.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TRIBAL FOREST PROTECTION ACT OF 2004
* * * * * * *
SEC. 2. TRIBAL FOREST ASSETS PROTECTION.
(a) * * *
* * * * * * *
(h)(1) Land owned by an Alaska Native Corporation pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) that is forest land or formerly had a forest cover or
vegetative cover that is capable of restoration shall be
eligible for agreements and contracts authorized under this Act
and administered by the Secretary.
(2) Nothing in this subsection validates, invalidates, or
otherwise affects any claim regarding the existence of Indian
country (as defined in section 1151 of title 18, United States
Code) in the State of Alaska.
----------
NATIONAL HISTORIC PRESERVATION ACT
* * * * * * *
TITLE I
Sec. 101. (a) * * *
* * * * * * *
(d)(1) * * *
* * * * * * *
(7)(A) Notwithstanding any other provision of law, an Alaska
Native tribe, band, nation or other organized group or
community, including a Native village, Regional Corporation, or
Village Corporation, shall be eligible to participate in all
programs administered by the Secretary under this Act on behalf
of Indian tribes, including, but not limited to, securing
grants and other support to manage their own historic
preservation sites and programs on lands held by the Alaska
Native tribe, band, nation or other organized group or
community, including a Native village, Regional Corporation, or
Village Corporation.
(B) Nothing in this paragraph validates, invalidates, or
otherwise affects any claim regarding the existence of Indian
country (as defined in section 1151 of title 18, United States
Code) in the State of Alaska.
* * * * * * *
DISSENTING VIEWS
SEAlaska Corporation has received more than 290,000 acres
of entitlement lands pursuant to the Alaska Native Claims
Settlement Act of 1971 (ANCSA) (43 U.S.C. 1601 et seq.), with
up to 80,000 acres yet to be conveyed. SEAlaska has selected
lands from those set aside in ANCSA to satisfy the remainder of
its entitlement but conveyance of those lands has been
suspended, at SEAlaska's request, while the Corporation pursues
legislation allowing them to select from entirely new areas of
the Tongass National Forest.
Given that ANCSA, the Alaska Land Transfer Acceleration Act
of 2004 (P.L. 108-452), and the current Tongass Land Use Plan
are all premised on SEAlaska selecting from the previously
identified lands, enactment of this legislation could have
sweeping, unintended, harmful impacts to the forest and the
economy of Southeastern Alaska. We oppose H.R. 1408 because it
fails to mitigate or even address these potential impacts.
The Forest Service and stakeholders are working to move the
Tongass away from destructive old-growth logging by developing
a sustainable timber industry based on young-growth management.
SEAlaska claims to share this goal but many of the parcels
targeted by SEAlaska in H.R. 1408 contain these vital, young-
growth trees. Conveying these lands to the Corporation for
logging will severely limit the Forest Service's ability to
complete this critical transition for the remainder of the
forest.
The potential impacts to water quality and wildlife
populations from SEAlaska's logging activities on new lands in
the Tongass are unknown and therefore impossible to anticipate
or mitigate. Logging activities near rivers and streams can
lead to erosion and flooding that degrade water quality and
harm fish populations. An amendment offered by Representative
Garamendi to require a 100-foot stream buffer on lands to be
logged by the Corporation, in order to shield the local economy
from the devastation that would result if the salmon population
declined, was rejected by the Majority.
These potential environmental harms could be offset were
H.R. 1408 to include provisions conserving other portions of
the Tongass. Unfortunately, Democrat's attempts to include such
provisions in the bill have been flatly rejected. Even the
national conservation area designations championed by Senator
Murkowski in her companion bill have been excised from this
legislation. Ranking Member Markey offered a simple amendment
to at least protect the old-growth in the areas SEAlaska would
be giving up if H.R. 1408 were enacted, but even that small
step toward a more balanced bill was opposed by Republicans.
Further, the Forest Service has testified that enactment of
H.R. 1408 could limit the agency's ability to provide public
access to forest land for subsistence, recreational and tourism
activities. The legislation would allow SEAlaska, rather than
the Forest Service, to determine whether such access is
compatible with the Corporation's resource development
activities on the lands it would receive.
The legislation would also allow SEAlaska to select lands
identified by the Corporation as having cultural or historic
significance, or parcels for commercial development other than
logging. Many of these sites include popular anchorages,
hunting or fishing grounds, or are near small, rural
communities or Native villages.
In the case of Native villages in particular, these parcels
are managed and protected from environmental impacts by the
Forest Service as an attribute of the United States' fiduciary
trust responsibility toward Alaska Native tribes--a judicially
enforceable responsibility a for-profit corporation such as
SEAlaska would not be required to undertake. In short, the
possibility that SEAlaska might take ownership of these sites
has raised serious concerns in these local communities which
have, so far, been ignored.
Section 6 of the legislation includes significant
amendments to the Tribal Forest Protection Act (25 U.S.C.
3115a) and the National Historic Preservation Act (16 U.S.C.
470a) which are unrelated to SEAlaska's land entitlement
claims. Inclusion of these amendments in a section labeled
``Miscellaneous'' and a subsection labeled ``Technical
Corrections'' is misleading at best.
Finally, one of the fundamental justifications for enacting
this legislation is the need to create jobs in Southeastern
Alaska. To bolster this goal, Mr. Garamendi offered an
amendment requiring that the timber produced from lands
received by SEAlaska pursuant to H.R. 1408 be milled in Alaska,
thus ensuring local job creation. The fact that Republicans
rejected this amendment as well raises serious questions
regarding the stated purposes of this bill.
SEAlaska is the largest Native Corporation in Alaska and
the largest private landowner in Southeastern Alaska. The
Corporation's remaining land entitlement claims could be
satisfied immediately, without further Congressional action, if
SEAlaska simply moved forward with its pending selections.
Congressional intervention to authorize SEAlaska to select new,
more profitable lands should only take place if the
environmental impacts have been mitigated and local economic
development is assured. H.R. 1408 fails on both counts.
Edward J. Markey.
Raul M. Grijalva.
Grace F. Napolitano.
Rush Holt.
Niki Tsongas.
Betty Sutton.