[House Report 113-203]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-203

======================================================================



 
    SOUTHEAST ALASKA NATIVE LAND ENTITLEMENT FINALIZATION AND JOBS 
                             PROTECTION ACT

                                _______
                                

 September 10, 2013.--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. 740]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 740) 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) Maps.--The term ``maps'' means the maps entitled 
        ``Sealaska Land Entitlement Finalization'', numbered 1 through 
        25 and dated January 22, 2013.
          (2) Sealaska.--The term ``Sealaska'' means the Sealaska 
        Corporation, a Regional Native Corporation established 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.
          (4) State.--The term ``State'' means the State of Alaska.

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 1,655,000 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), 
        otherwise, there were no areas available for selection; 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;
          (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 would be 
        entitled to receive a total of approximately 365,000 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) 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;
          (12) of land subject to the selection rights of Sealaska, 
        110,000 acres are encumbered by gubernatorial consent 
        requirements under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.);
          (13) in each withdrawal area, there exist other unique 
        factors that limit the ability of Sealaska to select sufficient 
        land to fulfill the land entitlement of Sealaska;
          (14) 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;
          (15) 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;
          (16)(A) the rate of unemployment in southeast Alaska exceeds 
        the statewide rate of unemployment on a non-seasonally adjusted 
        basis;
          (B) in November 2012, the Alaska Department of Labor and 
        Workforce Development reported the unemployment rate for the 
        Prince of Wales--Hyder census area at approximately 12.1 
        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;
          (17) Sealaska has played, and is expected to continue to 
        play, a significant role in the health of the southeast Alaska 
        economy;
          (18) 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;
          (19) 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;
          (20) 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;
          (21) 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.);
          (22) 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;
          (23) 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 and cultural 
                significance, 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;
          (24) on completion of the conveyances of land to Sealaska to 
        fulfill the full land entitlement of Sealaska under the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the 
        encumbrances on 327,000 acres of Federal land created by the 
        withdrawal of land for selection by Native Corporations in 
        southeast Alaska 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;
          (25) 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
          (26) although 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'', the National Historic 
        Preservation Act 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 Alaska Native shareholders, including the need to 
maintain jobs supported by Sealaska in rural southeast Alaska 
communities.

SEC. 4. FINALIZATION OF ENTITLEMENT.

  (a) In General.--If, not later than 90 days after the date of 
enactment of this Act, the Secretary receives a corporate resolution 
adopted by the board of directors of Sealaska agreeing to accept the 
conveyance of land described in subsection (b) in accordance with this 
Act as full and final satisfaction of the remaining land entitlement of 
Sealaska under section 14(h) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1613(h)), the Secretary shall--
          (1) implement the provisions of this Act; and
          (2) charge the entitlement pool under section 14(h)(8) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) 
        70,075 acres, reduced by the number of acres deducted under 
        subsection (b)(2), in fulfillment of the remaining land 
        entitlement for Sealaska under that Act, notwithstanding 
        whether the surveyed acreage of the 25 parcels of land 
        generally depicted on the maps as ``Sealaska Selections'' and 
        patented under section 5 is less than or more than 69,235 
        acres, reduced by the number of acres deducted under subsection 
        (b)(2).
  (b) Final Entitlement.--
          (1) In general.--Except as provided in paragraph (2), the 
        land described in subsection (a) shall consist of--
                  (A) the 25 parcels of Federal land comprising 
                approximately 69,235 acres that is generally depicted 
                as ``Sealaska Selections'' on the maps; and
                  (B) a total of not more than 840 acres of Federal 
                land for cemetery sites and historical places comprised 
                of parcels that are applied for in accordance with 
                section 6.
          (2) Deduction.--
                  (A) In general.--The Secretary shall deduct from the 
                number of acres of Federal land described in paragraph 
                (1)(A) the number of acres of Federal land for which 
                the Secretary has issued a conveyance during the period 
                beginning on August 1, 2012, and ending on the date of 
                receipt of the resolution under subsection (a).
                  (B) Agreement.--The Secretary, the Secretary of 
                Agriculture, and Sealaska shall negotiate in good faith 
                to make a mutually agreeable adjustment to the parcel 
                of Federal land generally depicted on the maps entitled 
                ``Sealaska Land Entitlement Finalization'', numbered 1 
                of 25, and dated January 22, 2013, to implement the 
                deduction of acres required by subparagraph (A).
  (c) Effect of Acceptance.--The resolution filed by Sealaska in 
accordance with subsection (a) shall--
          (1) be final and irrevocable; and
          (2) without any further administrative action by the 
        Secretary, result in--
                  (A) the relinquishment of all existing selections 
                made by Sealaska under subsection 14(h)(8) of the 
                Alaska Native Claims Settlement Act (43 U.S.C. 
                1613(h)(8)); and
                  (B) the termination of all withdrawals by section 16 
                of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1615), except to the extent a selection by a Village 
                Corporation under subsections (b) and (d) of section 16 
                of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1615) remains pending, until the date on which those 
                selections are resolved.
  (d) Failure To Accept.--If Sealaska fails to file the resolution in 
accordance with subsection (a)--
          (1) the provisions of this Act shall cease to be effective; 
        and
          (2) the Secretary shall, not later than 27 months after the 
        date of enactment of this Act, complete the interim conveyance 
        of the remaining land entitlement to Sealaska under section 
        14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(8)) from prioritized selections on file with the 
        Secretary on the date of enactment of this Act.
  (e) Scope of Law.--Except as provided in subsections (d) and (f), 
this Act provides the exclusive authority under which the remaining 
land entitlement of Sealaska under section 14(h) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1613(h)) may be fulfilled.
  (f) Effect.--Nothing in this Act affects any land that is--
          (1) the subject of an application under subsection (h)(1) of 
        section 14 of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613) that is pending on the date of enactment of this 
        Act; and
          (2) conveyed in accordance with that subsection.

SEC. 5. CONVEYANCES TO SEALASKA.

  (a) Interim Conveyance.--Subject to valid existing rights, 
subsections (c), (d), and (e), section 4(b), and section 7(a), the 
Secretary shall complete the interim conveyance of the 25 parcels of 
Federal land comprising approximately 69,235 acres generally depicted 
on the maps by the date that is 60 days after the date of receipt of 
the resolution under section 4(a), subject to the Secretary identifying 
and reserving, by the date that is 2 years after the date of enactment 
of this Act, or as soon as practicable thereafter, any easement that 
could have been reserved in accordance with this Act prior to the 
interim conveyance.
  (b) Withdrawal.--
          (1) In general.--Subject to valid existing rights, the 
        Federal land described in subsection (a) is withdrawn from--
                  (A) all forms of appropriation under the public land 
                laws;
                  (B) location, entry, and patent under the mining 
                laws;
                  (C) disposition under laws relating to mineral or 
                geothermal leasing; and
                  (D) 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).
          (2) Termination.--The withdrawal under paragraph (1) shall 
        remain in effect until--
                  (A) if Sealaska fails to file a resolution in 
                accordance with section 4(a), the date that is 90 days 
                after the date of enactment of this Act; or
                  (B) the date on which the Federal land is conveyed 
                under subsection (a).
  (c) Treatment of Land Conveyed.--Except as otherwise provided in this 
Act, any land conveyed to Sealaska under subsection (a) shall be--
          (1) considered to be land conveyed by the Secretary under 
        section 14(h)(8) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613(h)(8)); and
          (2) subject to all laws (including regulations) applicable to 
        entitlements under section 14(h)(8) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1613(h)(8)), including section 907(d) 
        of the Alaska National Interest Lands Conservation Act (43 
        U.S.C. 1636(d)).
  (d) Easements.--
          (1) Public easements.--The deeds of conveyance for the land 
        under subsection (a) shall be subject to the reservation of 
        public easements under section 17(b) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1616(b)).
          (2) Research easement.--In the deed of conveyance for the 
        land generally depicted on the map entitled ``Sealaska Land 
        Entitlement Finalization'', numbered 7 of 25, and dated January 
        22, 2013, the Secretary shall reserve an easement--
                  (A) to access and continue Forest Service research 
                activities on the study plots located on the land; and
                  (B) that shall remain in effect for a 10-year period 
                beginning on the date of enactment of this Act.
          (3) Koscuisko island road easement.--
                  (A) In general.--The deeds of conveyance for the land 
                on Koscuisko Island under subsection (a) shall grant to 
                Sealaska an easement providing access to and use by 
                Sealaska of the log transfer facility at Shipley Bay on 
                Koscuisko Island, subject to--
                          (i) the agreement under subparagraph (C); and
                          (ii) the agreement under section 7(b).
                  (B) Scope of the easement.--The easement under 
                subparagraph (A) shall enable Sealaska--
                          (i) to construct, use, and maintain a road 
                        connecting the Forest Service Road known as 
                        ``Cape Pole Road'' to the Forest Service Road 
                        known as ``South Shipley Bay Road'' within the 
                        corridor depicted on the map entitled 
                        ``Sealaska Land Entitlement Finalization'', 
                        numbered 3 of 25, and dated January 22, 2013;
                          (ii) to use, maintain, and if necessary, 
                        reconstruct the Forest Service Road known as 
                        ``South Shipley Bay Road'' referred to in 
                        clause (i) to access the log transfer facility 
                        at Shipley Bay; and
                          (iii) to use, maintain, and expand the log 
                        transfer and sort yard facility at Shipley Bay 
                        that is within the area depicted on the map 
                        entitled ``Sealaska Land Entitlement 
                        Finalization'', numbered 3 of 25 and dated 
                        January 22, 2013.
                  (C) Roads and facilities use agreement.--In addition 
                to the agreement under section 7(b), the Secretary and 
                Sealaska shall enter into an agreement relating to the 
                access, use, maintenance, and improvement of the roads 
                and facilities under this paragraph.
                  (D) Determination of location; legal description.--
                Sealaska shall--
                          (i) in consultation with the Secretary, 
                        determine the location within the corridor of 
                        the centerline of the road described in 
                        subparagraph (B)(i); and
                          (ii) provide to the Secretary a legal 
                        description of the centerline acceptable for 
                        granting the easement described in subparagraph 
                        (B)(i).
                  (E) Effect.--Nothing in this paragraph shall preempt 
                or otherwise affect State or local regulatory 
                authority.
  (e) Hunting, Fishing, and Recreation.--
          (1) In general.--Any land conveyed under subsection (a) that 
        is located outside a withdrawal area designated under section 
        16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1615(a)) shall remain open and available to subsistence uses 
        and noncommercial recreational hunting and fishing and other 
        recreational uses by the public under applicable law--
                  (A) without liability on the part of Sealaska, except 
                for willful acts, to any user as a result of the use; 
                and
                  (B) subject to--
                          (i) any reasonable restrictions that may be 
                        imposed by Sealaska on the public use--
                                  (I) to ensure public safety;
                                  (II) to minimize conflicts between 
                                recreational and commercial uses;
                                  (III) to protect cultural resources;
                                  (IV) to conduct scientific research; 
                                or
                                  (V) to provide environmental 
                                protection; and
                          (ii) the condition that Sealaska post on any 
                        applicable property, in accordance with State 
                        law, notices of the restrictions on use.
          (2) Effect.--Access provided to any individual or entity 
        under paragraph (1) shall not--
                  (A) create an interest in any third party in the land 
                conveyed under subsection (a); or
                  (B) provide standing to any third party in any review 
                of, or challenge to, any determination by Sealaska with 
                respect to the management or development of the land 
                conveyed under subsection (a).

SEC. 6. CEMETERY SITES AND HISTORICAL PLACES.

  (a) In General.--Notwithstanding section 14(h)(1)(E) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may 
submit applications for the conveyance under section 14(h)(1)(A) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of not 
more than 127 cemetery sites and historical places--
          (1) that are listed in the document entitled ``Sealaska 
        Cemetery Sites and Historical Places'' and dated January 18, 
        2013;
          (2) that are cemetery sites and historical places included in 
        the report by Wilsey and Ham, Inc., entitled ``1975 Native 
        Cemetery and Historic Sites of Southeast Alaska (Preliminary 
        Report)'' and dated October 1975; and
          (3) for which Sealaska has not previously submitted an 
        application.
  (b) Procedure for Evaluating Applications.--Except as otherwise 
provided in this section, the Secretary shall consider all applications 
submitted under this section in accordance with the criteria and 
procedures set forth in applicable regulations in effect as of the date 
of enactment of this Act.
  (c) Conveyance.--The Secretary may convey cemetery sites and 
historical places under this section that result in the conveyance of a 
total of approximately 840 acres of Federal land comprised of parcels 
that are--
          (1) applied for in accordance with this section; and
          (2) subject to--
                  (A) valid existing rights;
                  (B) the public access provisions of subsection (f);
                  (C) the condition that the conveyance of land for the 
                site listed under subsection (a)(1) as ``Bay of Pillars 
                Portage'' is limited to 25 acres in T.60 S., R.72 E., 
                Sec. 28, Copper River Meridian; and
                  (D) the condition that any access to or use of the 
                cemetery sites and historical places shall be 
                consistent with the management plans for adjacent 
                public land, if the management plans are more 
                restrictive than the laws (including regulations) 
                applicable under subsection (g).
  (d) Timeline.--No application for a cemetery site or historical place 
may be submitted under subsection (a) after the date that is 2 years 
after the date of enactment of this Act.
  (e) Selection of Additional Cemetery Sites.--If Sealaska submits 
timely applications to the Secretary in accordance with subsections (a) 
and (d) for all 127 sites listed under subsection (a)(1), and the 
Secretary rejects any of those applications in whole or in part--
          (1) not later than 2 years after the date on which the 
        Secretary completes the conveyance of eligible cemetery sites 
        and historical places applied for under subsection (a), 
        Sealaska may submit applications for the conveyance under 
        section 14(h)(1)(A) of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1613(h)(1)(A)) of additional cemetery sites, the 
        total acreage of which, together with the cemetery sites and 
        historical places previously conveyed by the Secretary under 
        subsection (c), shall not exceed 840 acres; and
          (2) the Secretary shall--
                  (A) consider any applications for the conveyance of 
                additional cemetery sites in accordance with subsection 
                (b); and
                  (B) if the applications are approved, provide for the 
                conveyance of the sites in accordance with subsection 
                (c).
  (f) Public Access.--
          (1) In general.--Subject to paragraph (2), any land conveyed 
        under this section shall be subject to--
                  (A) the reservation of public easements under section 
                17(b) of the Alaska Native Claims Settlement Act (43 
                U.S.C. 1616(b)); and
                  (B) public access across the conveyed land in cases 
                in which no reasonable alternative access around the 
                land is available, without liability to Sealaska, 
                except for willful acts, to any user by reason of the 
                use.
          (2) Limitations.--The public access and use under 
        subparagraph (B) of paragraph (1) shall be subject to--
                  (A) any reasonable restrictions that may be imposed 
                by Sealaska on the public access and use--
                          (i) to ensure public safety;
                          (ii) to protect and conduct research on the 
                        historic, archaeological, and cultural 
                        resources of the conveyed land; or
                          (iii) to provide environmental protection;
                  (B) the condition that Sealaska post on any 
                applicable property, in accordance with State law, 
                notices of the restrictions on the public access and 
                use; and
                  (C) the condition that the public access and use 
                shall not be incompatible with or in derogation of the 
                values of the area as a cemetery site or historical 
                place, as provided in section 2653.11 of title 43, Code 
                of Federal Regulations (or a successor regulation).
          (3) Effect.--Access provided to any individual or entity by 
        paragraph (1) shall not--
                  (A) create an interest in any third party in the land 
                conveyed under this section; or
                  (B) provide standing to any third party in any review 
                of, or challenge to, any determination by Sealaska with 
                respect to the management or development of the land 
                conveyed under this section.
  (g) Treatment of Land Conveyed.--Except as otherwise provided in this 
Act, any land conveyed to Sealaska under this section shall be--
          (1) considered land conveyed by the Secretary under section 
        14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(1)); and
          (2) subject to all laws (including regulations) applicable to 
        conveyances under section 14(h)(1) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1613(h)(1)), including section 907(d) 
        of the Alaska National Interest Lands Conservation Act (43 
        U.S.C. 1636(d)).

SEC. 7. MISCELLANEOUS.

  (a) Special Use Authorizations.--
          (1) In general.--On the conveyance of land to Sealaska under 
        section 5(a)--
                  (A) any guiding or outfitting special use 
                authorization issued by the Forest Service for the use 
                of the conveyed land shall terminate; and
                  (B) as a condition of the conveyance and consistent 
                with section 14(g) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1613(g)), Sealaska shall 
                allow the holder of the special use authorization 
                terminated under subparagraph (A) to continue the 
                authorized use, subject to the terms and conditions 
                that were in the special use authorization issued by 
                the Forest Service, for--
                          (i) the remainder of the term of the 
                        authorization; and
                          (ii) 1 additional consecutive 10-year renewal 
                        period.
          (2) Notice of commercial activities.--Sealaska and any holder 
        of a guiding or outfitting authorization under this subsection 
        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 Sealaska under section 5(a).
          (3) Negotiation of new terms.--Nothing in this subsection 
        precludes Sealaska and the holder of a guiding or outfitting 
        authorization from negotiating a new mutually agreeable guiding 
        or outfitting authorization.
          (4) Liability.--Neither Sealaska nor the United States shall 
        bear any liability, except for willful acts of Sealaska or the 
        United States, regarding the use and occupancy of any land 
        conveyed to Sealaska under this Act, as provided in any 
        outfitting or guiding authorization under this subsection.
  (b) Roads and Facilities.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Agriculture and Sealaska shall 
negotiate in good faith to develop a binding agreement--
          (1) for the use of National Forest System roads and related 
        transportation facilities by Sealaska; and
          (2) the use of Sealaska roads and related transportation 
        facilities by the Forest Service.
  (c) Traditional Trade and Migration Routes.--
          (1) Routes.--
                  (A) The inside passage.--The route from Yakutat to 
                Dry Bay, as generally depicted on the map entitled 
                ``Traditional Trade and Migration Route, Neix naax aan 
                nax--The Inside Passage'' and dated October 17, 2012, 
                shall be known as ``Neix naax aan nax'' (``The Inside 
                Passage'').
                  (B) Canoe road.--The route from the Bay of Pillars to 
                Port Camden, as generally depicted on the map entitled 
                ``Traditional Trade and Migration Route, Yakwdeiyi--
                Canoe Road'' and dated October 17, 2012, shall be known 
                as ``Yakwdeiyi'' (``Canoe Road'').
                  (C) The people's road.--The route from Portage Bay to 
                Duncan Canal, as generally depicted on the map entitled 
                ``Traditional Trade and Migration Route, Lingit Deiyi--
                The People's Road'' and dated October 17, 2012, shall 
                be known as ``Lingit Deiyi'' (``The People's Road'').
          (2) Access to traditional trade and migration routes.--The 
        culturally and historically significant trade and migration 
        routes designated by paragraph (1) shall be open to travel by 
        Sealaska and the public in accordance with applicable law, 
        subject to such terms, conditions, and special use 
        authorizations as the Secretary of Agriculture may require.
  (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 Other Laws.--
          (1) In general.--Nothing in this Act delays the duty of the 
        Secretary to convey land to--
                  (A) the State 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); or
                  (B) a Native Corporation under--
                          (i) the Alaska Native Claims Settlement Act 
                        (43 U.S.C. 1601 et seq.); or
                          (ii) the Alaska Land Transfer Acceleration 
                        Act (43 U.S.C. 1611 note; Public Law 108-452).
          (2) 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--
                  (A) the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.); and
                  (B) the Alaska Land Transfer Acceleration Act (43 
                U.S.C. 1611 note; Public Law 108-452).
  (f) Escrow Funds.--If Sealaska files the resolution in accordance 
with section 4(a)--
          (1) 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 section 5(b) 
        from the date of receipt of the resolution; and
          (2) Sealaska shall have no right to any proceeds (including 
        interest) held pursuant to the escrow requirements of section 2 
        of Public Law 94-204 (43 U.S.C. 1613 note) that were derived 
        from land originally withdrawn for selection by section 16 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1615), but 
        not conveyed.
  (g) Maps.--
          (1) Availability.--Each map referred to in this Act shall be 
        available in the appropriate offices of the Secretary and the 
        Secretary of Agriculture.
          (2) Corrections.--The Secretary of Agriculture may make any 
        necessary correction to a clerical or typographical error in a 
        map referred to in this Act.

                          Purpose of the Bill

    The purpose of H.R. 740 is to provide for the settlement of 
certain claims under the Alaska Native Claims Settlement Act.

                  Background and Need for Legislation

    H.R. 740 would allow the Sealaska Corporation to acquire 
70,075 acres of federal land in the Tongass National Forest to 
fulfill its remaining land entitlement pursuant to the Alaska 
Native Claims Settlement Act of 1971 (ANCSA, 43 U.S.C. 1601 et 
seq.). The parcels of land are identified on maps available at: 
http://naturalresources.house.gov/uploadedfiles/
hr_740_1.22.2013.pdf.
    Upon federal conveyance of the lands under H.R. 740, 
Sealaska must relinquish rights to other lands it was required 
to select under ANCSA. The relinquished lands would become part 
of the Tongass National Forest by operation of current law. 
Lands conveyed to Sealaska would be charged to the 
corporation's land entitlement pool, ensuring it cannot exceed 
its total ANCSA land allocation.
    Most of the parcels conveyed to Sealaska under H.R. 740 are 
currently zoned by the U.S. Forest Service in the Tongass Land 
Management Plan for timber management and are accessible by 
forest roads. Lands to be relinquished by Sealaska contain 
abundant stands of old growth forest in roadless areas with 
high habitat and aesthetic value.
    When all conveyances to Sealaska and other Native 
corporations are completed, about 94 percent of the lands in 
Southeast Alaska will remain in Federal ownership (85 percent 
of which will be in a wilderness, conservation, or similar non-
development legal status), 0.7 percent will be in private (non-
Native) ownership, and 2 percent will be in State of Alaska 
ownership pursuant to the Alaska Statehood Act.

                  ALASKA NATIVE CLAIMS SETTLEMENT ACT

    In 1971, Congress enacted ANCSA to resolve aboriginal 
claims to use and occupancy of all lands and waters in Alaska. 
In Section 2(b) (43 U.S.C. 1601(b)), 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 created a system in which for-profit 
business corporations organized by Alaska Natives acquired 
rights to 44 million acres of land from the public domain, plus 
a payment of $1 billion. ANCSA divided Alaska into 12 regions, 
recognized more than 200 Native Villages, and directed the 
Secretary of the Interior to withdraw large areas of unreserved 
public lands from further appropriation until a process of 
surveying, selecting, and conveying settlement lands to the 
Native corporations was complete.
    Within each region and village, individuals of one-quarter 
or higher degree Native ancestry were authorized to organize a 
corporation. In most cases, allocating settlement lands to the 
corporations was based on a complex formula related to 
population and area that the Native people historically 
occupied and used. The Act provided a number of terms and 
conditions for the formation of the Native Corporations, 
issuance of stock shares, and conveyance of settlement 
benefits. Importantly, Section 7(i) of ANCSA requires 70 
percent of a Regional Corporation's timber and mineral revenues 
annually to be divided among all 12 regional corporations.

                             SEALASKA LANDS

    Sealaska is the Regional Corporation for individuals of 
Tlingit, Haida, and Tsimishian ancestry whose traditional 
homelands are the 22 million-acre region of Alaska's 
southeastern panhandle. Unlike other Regional Corporations, 
Sealaska was allocated the smallest amount of land in 
proportion to its large population: about 365,000 acres within 
the 16 million acre Tongass National Forest. Sealaska actively 
manages its lands for a variety of purposes, including 
silviculture and timber development, making it one of the 
region's largest private employers.
    To date, Sealaska has not received title to the last 70,000 
acres of its final 365,000-acre entitlement. Under ANCSA, the 
withdrawal areas, or ``boxes,'' within which the corporation 
must select its remaining entitlement overlay the sea as well 
as remote roadless areas and large stands of Old Growth forest. 
Such areas are unsuitable for the development of timber, 
minerals, and other uses, and many members of the public would 
prefer them to remain undisturbed. Consequently, Sealaska's 
Board of Directors requested legislation allowing Sealaska to 
fulfill its remaining land entitlement in alternate areas.
    H.R. 740 authorizes Sealaska to obtain, outside the ANCSA 
withdrawal boxes, specified lands in the Tongass to fulfill its 
remaining 70,000-acre entitlement. The alternative lands 
contain second-growth forest and an existing forest road 
system. This enables Sealaska to sustain a viable timber 
program that benefits its shareholders and creates jobs in the 
surrounding communities. Lands in the withdrawal boxes 
relinquished by Sealaska can be maintained for their 
ecologically important values.
    In a Subcommittee on Indian and Alaska Native Affairs 
hearing, a Director of Sealaska described the need for H.R. 
740:

          While jobs in Southeast Alaska are up over the last 
        30 years, many of those jobs can be attributed to 
        industrial tourism, which creates seasonal jobs in 
        urban centers and does not translate to population 
        growth. In fact, the post-timber economy has not 
        supported populations in traditional Native villages, 
        where unemployment among Alaska Natives ranges above 
        Great Depression levels and populations are shrinking 
        rapidly.
          We consider this legislation to be the most important 
        and immediate ``economic stimulus package'' that 
        Congress can implement for Southeast Alaska. Sealaska 
        provides significant economic opportunities for our 
        tribal member shareholders and for residents of all of 
        Southeast Alaska through the development of an abundant 
        natural resource--timber. (Testimony of Byron Mallot, 
        Director, Sealaska Corporation, Subcommittee hearing on 
        H.R. 740, May 16, 2013).

    Sealaska's importance to the region's economy cannot be 
understated. Timber development on its private land base 
creates and sustains private sector jobs to offset the 
catastrophic 90 percent decline in timber-related jobs in 
Southeast Alaska since the early 1990s. One of the multiple 
uses of the Tongass National Forest required under law is 
timber development. Unfortunately, since the early 1990s, the 
record of the U.S. Forest Service in providing timber to 
sustain a commercial industry has been one of abject failure, 
due to federal red tape, administrative appeals and the filing 
of lawsuits filed by environmental groups to stop every 
commercially viable timber sale.
    As explained by the Alaska Forest Association in a 
Subcommittee hearing on a previous version of the bill:

          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).

    According to the State of Alaska, ``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). As Sealaska is actively engaged in timber 
management, H.R. 740 would ensure a stable supply of timber to 
the region's remaining forest industry, and stabilize historic 
population out-migration seen in cities, towns, and Native 
villages across Southeast Alaska.
    As with all other private (including Native corporation), 
state, and municipal lands in Alaska, Sealaska's timber lands 
are regulated under the Alaska Forest Resources and Practices 
Act (FRPA, AS 41.17). Passed in 1978, FRPA has undergone major 
revisions regarding riparian management. According to the 
Alaska Division of Forestry, ``[T]he Act is designed to protect 
fish habitat and water quality, and ensure prompt reforestation 
of forestland while providing for a healthy timber industry. 
The FRPA ensures that both the timber and commercial fishing 
industries can continue to provide long-term jobs.''
    In addition to lands for timber management, H.R. 740 
additionally conveys to Sealaska culturally important sites, 
and amends the Tribal Forest Protection Act and National 
Historic Preservation Act to give Alaska Native villages and 
ANCSA corporations the opportunity to participate in these 
programs like other tribes.
    On May 16, 2013, the Subcommittee on Indian and Alaska 
Native Affairs held a hearing on H.R. 740, receiving testimony 
from the U.S. Forest Service, Sealaska, and an Alaska hunting 
guide who resides in Utah. The U.S. Forest Service ``supports 
the principal objectives'' of the bill; however, it opposes 
H.R. 740 in its current form because it lacks new conservation 
designations for the Tongass that are contained in the Senate 
version of the bill (S. 340). Such conservation designations 
are not included in H.R. 740 because they are unrelated to the 
fundamental purpose of the bill, and in a region where the vast 
majority of lands are protected from any development either by 
operation of law, topography, or lack of commercial value, they 
are unjustified.

                          ANALYSIS OF H.R. 740

    Large Parcels of Land--Most of Sealaska's remaining ANCSA 
entitlement under H.R. 740 will be conveyed as nine larger 
parcels of land comprising approximately 67,185 acres.
    Sacred Sites--H.R. 740 would permit Sealaska to select up 
to 127 cultural sites, totaling 840 acres. In previous version 
of the legislation, Sealaska would have been permitted to 
select more than 200 cultural sites, totaling 3600 acres. 
Cultural sites will be selected and conveyed pursuant to the 
terms of ANCSA and federal regulations.
    Small Parcels of Land--H.R. 740 permits Sealaska to select 
smaller 16 parcels, totaling 2,050 acres, near Native villages. 
The land offers cultural, recreational and renewable energy 
opportunities for the Native villages. More than 50 small 
parcels were considered in previous version of the legislation. 
Sites heavily used by local communities were removed from H.R. 
740.
    Protections for Public Access and Commercial Guiding--Under 
H.R. 740, Sealaska is authorized to select its remaining 70,000 
acres from outside of the ANCSA withdrawal boxes, but it must 
do so subject to additional public access requirements, as 
follows:
     If Sealaska selects from within the existing ANCSA 
withdrawal boxes, land will be conveyed under the original 
terms of ANCSA. Under existing law, there would be no automatic 
right of public access to the 70,000 acres of land selected by 
Sealaska, and no automatic extension of commercial guide 
permits on those lands.
     In the alternative, if Sealaska selects its 
remaining lands under H.R. 740, the legislation would guarantee 
permanent public access for subsistence and recreation to more 
than 69,000 acres of land selected by Sealaska.
     H.R. 740 also provides for a 10 year extension of 
existing commercial guide permits when they expire.
     H.R. 740 guarantees access across cemetery and 
historical sites to adjacent public lands where such access is 
reasonably necessary to reach the public lands.
    Access for Recreational Hunting and Fishing--Section 17(b) 
of ANCSA requires the reservation of public easements across 
lands selected by Native Corporations and at periodic points 
along the courses of major waterways which are reasonably 
necessary to support public use and access for recreation, 
hunting, and other public uses. H.R. 740 grants an additional, 
broad right of public access to more than 69,000 acres of land 
conveyed to Sealaska for subsistence and recreational hunting 
and fishing.
    Access to Cultural Sites--H.R. 740 guarantees, in addition 
to ANCSA Section 17(b) easements, access across cemetery and 
historical sites to adjacent public lands where such access is 
reasonably necessary to reach the public lands.

                            OTHER PROVISIONS

    Trade and Migration Routes removed--As introduced in the 
112th Congress, the bill would have conveyed three Traditional 
and Customary Trade and Migration Routes to Sealaska. H.R. 740 
simply recognizes the Trade and Migration Routes as Native 
places and direct the Forest Service to ensure that access to 
the Routes is assured. H.R. 740 would not place these lands in 
Native ownership.
    Agreement with Forest Service required for forest 
development roads--Sealaska may utilize certain forest roads, 
build a road, and upgrade an existing log transfer facility, to 
ensure access to a land-locked economic parcel conveyed to it.
    Tribal Forest Protection Act and National Historical 
Preservation Act--Section 7(d)(1) of the bill would permit 
Native Corporations to work with the Secretary of Agriculture 
under the Tribal Forest Protection Act to address forest fire 
and insect infestation issues on Forest Service lands that 
threaten the health of the adjacent Native lands. Section 
7(d)(2) would allow Native Corporations, as owners of Native 
cemetery sites and historical places in Alaska, to work with 
the Secretary of the Interior to secure federal support for the 
preservation of such lands under the National Historic 
Preservation Act.
    Except as otherwise provided in the bill, H.R. 740 provides 
that federal protections, privileges, and restrictions applied 
to lands Sealaska is required to select under current law shall 
apply to lands Sealaska receives under H.R. 740.
    During Full Committee consideration of the bill, the 
Committee adopted en bloc amendments offered by Congressman Don 
Young (R-AK) to make several technical changes to H.R. 740, 
including a clarification regarding Alaska jurisdiction over 
hunting and fishing on private lands to address concerns 
expressed by the State and by the hunting and fishing 
community.

                            Committee Action

    H.R. 740 was introduced on February 14, 2013, 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 16, 
2013, the Subcommittee on Indian and Alaska Native Affairs held 
a hearing on the bill. On June 12, 2013, the full Natural 
Resources Committee met to consider the bill. The Subcommittee 
on Indian and Alaska Native Affairs was discharged by unanimous 
consent. Congressman Young offered an en bloc amendment 
designated .048 to the bill; the amendment was adopted by voice 
vote. The bill, as amended, was then adopted and ordered 
favorably reported to the House of Representatives by a 
bipartisan roll call vote of 29 to 14, 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. 740--Southeast Alaska Native Land Entitlement Finalization and 
        Jobs Protection Act

    H.R. 740 would authorize the Southeast Alaska Native 
Corporation (Sealaska) to select the remainder of its land 
entitlement from federal lands outside the area originally 
delineated for that purpose by the Alaska Native Claims 
Settlement Act. Based on information from the Forest Service, 
CBO estimates that enacting H.R. 740 would result in a net loss 
of $4 million in timber receipts over the 2014-2023 period 
(such losses would increase direct spending). Because enacting 
the legislation would affect direct spending, pay-as-you-go 
procedures apply. Enacting H.R. 740 would not affect revenues.
    Under the bill, Sealaska would be permitted to choose its 
remaining land entitlement from about 70,000 acres of old and 
second-growth forest land. 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; in contrast, the lands available under current law 
are not expected to generate receipts to the Treasury. Proceeds 
from the sale of timber on federal lands are deposited in the 
Treasury as offsetting receipts (a credit against direct 
spending).
    CBO estimates that enacting H.R. 740 would result in about 
18,000 fewer federal acres being harvested for timber over the 
2014-2023 period. CBO estimates that this reduction in timber 
harvests would reduce offsetting receipts by $18 million over 
the 2014-2023 period. The Forest Service has the authority to 
spend a portion of those receipts without further 
appropriation. Thus, CBO estimates that enacting the bill would 
reduce net offsetting receipts to the Treasury by $4 million 
over the 2014-2023 period and additional amounts after 2023.
    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. H.R. 740 would reduce offsetting 
receipts; therefore, pay-as-you-go procedures apply. 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. 740 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JUNE 12, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2013   2014   2015   2016   2017   2018   2019   2020   2021   2022   2023  2013-2018  2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      1      1      1         0          4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components do not sum to totals because of rounding.

    H.R. 740 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Enacting this legislation would benefit Sealaska.
    On August 21, 2013, CBO transmitted a cost estimate for S. 
340, the Southeast Alaska Native Land Entitlement Finalization 
and Jobs Protection Act, as ordered reported by the Senate 
Committee on Energy and Natural Resources on June 18, 2013. 
H.R. 740 and S. 340 are similar; however, S. 340 would allow 
the Forest Service to harvest timber in areas that are not 
allowed under current law. CBO estimates this provision would 
result in a small increase in proceeds from timber sales. H.R. 
740 does not include this provision. The CBO cost estimates 
reflect this difference.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was 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, spending 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. 740 would result in a net loss of $4 million in 
timber receipts over the 2014-2023 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 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.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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) Definitions.--In this section:
          (1) Federal land.--The term ``Federal land'' means--
                  (A) land of the National Forest System (as 
                defined in section 11(a) of the Forest and 
                Rangeland Renewable Resources Planning Act of 
                1974 (16 U.S.C. 1609(a))) administered by the 
                Secretary of Agriculture, acting through the 
                Chief of the Forest Service; and
                  (B) public lands (as defined in section 103 
                of the Federal Land Policy and Management Act 
                of 1976 (43 U.S.C. 1702)), the surface of which 
                is administered by the Secretary of the 
                Interior, acting through the Director of the 
                Bureau of Land Management.
          (2) Indian forest land or rangeland.--The term 
        ``Indian forest land or rangeland'' means land that--
                  (A) is held in trust by, or with a 
                restriction against alienation by, the United 
                States for an Indian tribe or a member of an 
                Indian tribe; and
                  (B)(i)(I) is Indian forest land (as defined 
                in section 304 of the National Indian Forest 
                Resources Management Act (25 U.S.C. 3103)); or
                  (II) has a cover of grasses, brush, or any 
                similar vegetation; or
                  (ii) formerly had a forest cover or 
                vegetative cover that is capable of 
                restoration.
          (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).
          (4) Secretary.--The term ``Secretary'' means--
                  (A) the Secretary of Agriculture, with 
                respect to land under the jurisdiction of the 
                Forest Service; and
                  (B) the Secretary of the Interior, with 
                respect to land under the jurisdiction of the 
                Bureau of Land Management.
  (b) Authority To Protect Indian Forest Land or Rangeland.--
          (1) In general.--Not later than 120 days after the 
        date on which an Indian tribe submits to the Secretary 
        a request to enter into an agreement or contract to 
        carry out a project to protect Indian forest land or 
        rangeland (including a project to restore Federal land 
        that borders on or is adjacent to Indian forest land or 
        rangeland) that meets the criteria described in 
        subsection (c), the Secretary may issue public notice 
        of initiation of any necessary environmental review or 
        of the potential of entering into an agreement or 
        contract with the Indian tribe pursuant to section 347 
        of the Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 2104 note; Public 
        Law 105-277) (as amended by section 323 of the 
        Department of the Interior and Related Agencies 
        Appropriations Act, 2003 (117 Stat. 275)), or such 
        other authority as appropriate, under which the Indian 
        tribe would carry out activities described in paragraph 
        (3).
          (2) Environmental analysis.--Following completion of 
        any necessary environmental analysis, the Secretary may 
        enter into an agreement or contract with the Indian 
        tribe as described in paragraph (1).
          (3) Activities.--Under an agreement or contract 
        entered into under paragraph (2), the Indian tribe may 
        carry out activities to achieve land management goals 
        for Federal land that is--
                  (A) under the jurisdiction of the Secretary; 
                and
                  (B) bordering or adjacent to the Indian 
                forest land or rangeland under the jurisdiction 
                of the Indian tribe.
  (c) Selection Criteria.--The criteria referred to in 
subsection (b), with respect to an Indian tribe, are whether--
          (1) the Indian forest land or rangeland under the 
        jurisdiction of the Indian tribe borders on or is 
        adjacent to land under the jurisdiction of the Forest 
        Service or the Bureau of Land Management;
          (2) Forest Service or Bureau of Land Management land 
        bordering on or adjacent to the Indian forest land or 
        rangeland under the jurisdiction of the Indian tribe--
                  (A) poses a fire, disease, or other threat 
                to--
                          (i) the Indian forest land or 
                        rangeland under the jurisdiction of the 
                        Indian tribe; or
                          (ii) a tribal community; or
                  (B) is in need of land restoration 
                activities;
          (3) the agreement or contracting activities applied 
        for by the Indian tribe are not already covered by a 
        stewardship contract or other instrument that would 
        present a conflict on the subject land; and
          (4) the Forest Service or Bureau of Land Management 
        land described in the application of the Indian tribe 
        presents or involves a feature or circumstance unique 
        to that Indian tribe (including treaty rights or 
        biological, archaeological, historical, or cultural 
        circumstances).
  (d) Notice of Denial.--If the Secretary denies a tribal 
request under subsection (b)(1), the Secretary may issue a 
notice of denial to the Indian tribe, which--
          (1) identifies the specific factors that caused, and 
        explains the reasons that support, the denial;
          (2) identifies potential courses of action for 
        overcoming specific issues that led to the denial; and
          (3) proposes a schedule of consultation with the 
        Indian tribe for the purpose of developing a strategy 
        for protecting the Indian forest land or rangeland of 
        the Indian tribe and interests of the Indian tribe in 
        Federal land.
  (e) Proposal Evaluation and Determination Factors.--In 
entering into an agreement or contract in response to a request 
of an Indian tribe under subsection (b)(1), the Secretary may--
          (1) use a best-value basis; and
          (2) give specific consideration to tribally-related 
        factors in the proposal of the Indian tribe, 
        including--
                  (A) the status of the Indian tribe as an 
                Indian tribe;
                  (B) the trust status of the Indian forest 
                land or rangeland of the Indian tribe;
                  (C) the cultural, traditional, and historical 
                affiliation of the Indian tribe with the land 
                subject to the proposal;
                  (D) the treaty rights or other reserved 
                rights of the Indian tribe relating to the land 
                subject to the proposal;
                  (E) the indigenous knowledge and skills of 
                members of the Indian tribe;
                  (F) the features of the landscape of the land 
                subject to the proposal, including watersheds 
                and vegetation types;
                  (G) the working relationships between the 
                Indian tribe and Federal agencies in 
                coordinating activities affecting the land 
                subject to the proposal; and
                  (H) the access by members of the Indian tribe 
                to the land subject to the proposal.
  (f) No Effect on Existing Authority.--Nothing in this Act--
          (1) prohibits, restricts, or otherwise adversely 
        affects the participation of any Indian tribe in 
        stewardship agreements or contracting under the 
        authority of section 347 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1999 
        (16 U.S.C. 2104 note; Public Law 105-277) (as amended 
        by section 323 of the Department of the Interior and 
        Related Agencies Appropriations Act, 2003 (117 Stat. 
        275)) or other authority invoked pursuant to this Act; 
        or
          (2) invalidates any agreement or contract under that 
        authority.
  (g) Report.--Not later than 4 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a 
report that describes the Indian tribal requests received and 
agreements or contracts that have been entered into under this 
Act.
  (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)(1)(A) The Secretary of the Interior is 
authorized to expand and maintain a National Register of 
Historic Places composed of districts, sites, buildings, 
structures, and objects significant in American history, 
architecture, archeology, engineering, and culture. 
Notwithstanding section 43(c) of the Act entitled ``An Act to 
provide for the registration and protection of trademarks used 
in commerce, to carry out the provisions of certain 
international conventions, and for other purposes'', approved 
July 5, 1946 (commonly known as the ``Trademark Act of 1946'' 
(15 U.S.C. 1125(c))), buildings and structures on or eligible 
for inclusion on the National Register of Historic Places 
(either individually or as part of a historic district), or 
designated as an individual landmark or as a contributing 
building in a historic district by a unit of State or local 
government, may retain the name historically associated with 
the building or structure.
  (B) Properties meeting the criteria for National Historic 
Landmarks established pursuant to paragraph (2) shall be 
designated as ``National Historic Landmarks'' and included on 
the National Register, subject to the requirements of paragraph 
(6). All historic properties included on the National Register 
on the date of the enactment of the National Historic 
Preservation Act Amendments of 1980 shall be deemed to be 
included on the National Register as of their initial listing 
for purposes of this Act. All historic properties listed in the 
Federal Register of February 6, 1979, as ``National Historic 
Landmarks'' or thereafter prior to the effective date of this 
Act are declared by Congress to be National Historic Landmarks 
of national historic significance as of their initial listing 
as such in the Federal Register for purposes of this Act and 
the Act of August 21, 1935 (49 Stat. 666); except that in cases 
of National Historic Landmark districts for which no boundaries 
have been established, boundaries must first be published in 
the Federal Register.
  (2) The Secretary in consultation with national historical 
and archaeological associations, shall establish or revise 
criteria for properties to be included on the National Register 
and criteria for National Historic Landmarks, and shall also 
promulgate or revise regulations as may be necessary for--
          (A) nominating properties for inclusion in, and 
        removal from, the National Register and the 
        recommendation of properties by certified local 
        governments;
          (B) designating properties as National Historic 
        Landmarks and removing such designation;
          (C) considering appeals from such recommendations, 
        nominations, removals, and designations (or any failure 
        or refusal by a nominating authority to nominate or 
        designate);
          (D) nominating historic properties for inclusion in 
        the World Heritage List in accordance with the terms of 
        the Convention concerning the Protection of the World 
        Cultural and Natural Heritage;
          (E) making determinations of eligibility of 
        properties for inclusion on the National Register; and
          (F) notifying the owner of a property, and 
        appropriate local governments, and the general public, 
        when the property is being considered for inclusion on 
        the National Register, for designation as a National 
        Historic Landmark or for nomination to the World 
        Heritage List.
  (3) Subject to the requirements of paragraph (6), any State 
which is carrying out a program approved under subsection (b), 
shall nominate to the Secretary properties which meet the 
criteria promulgated under subsection (a) for inclusion on the 
National Register. Subject to paragraph (6), any property 
nominated under this paragraph or under section 110(a)(2) shall 
be included on the National Register on the date forty-five 
days after receipt by the Secretary of the nomination and the 
necessary documentation, unless the Secretary disapproves such 
nomination within such forty-five day period or unless an 
appeal is filed under paragraph (5).
  (4) Subject to the requirements of paragraph (6) the 
Secretary may accept a nomination directly from any person or 
local government for inclusion of a property on the National 
Register only if such property is located in a State where 
there is no program approved under subsection (b). The 
Secretary may include on the National Register any property for 
which such a nomination is made if he determines that such 
property is eligible in accordance with the regulations 
promulgated under paragraph (2). Such determination shall be 
made within ninety days from the date of the nomination unless 
the nomination is appealed under paragraph (5).
  (5) Any person or local government may appeal to the 
Secretary a nomination of any historic property for inclusion 
on the National Register and may appeal to the Secretary the 
failure or refusal of a nominating authority to nominate a 
property in accordance with this subsection.
  (6) The Secretary shall promulgate regulations requiring that 
before any property or district may be included on the National 
Register or designated as a National Historic Landmark, the 
owner or owners or such property, or a majority of the owners 
of the properties within the district in the case of an 
historic district, shall be given the opportunity (including a 
reasonable period of time) to concur in, or object to, the 
nomination of the property or district for such inclusion or 
designation. If the owner or owners of any privately owned 
property, or a majority of the owners of such properties within 
the district in the case of an historic district, object to 
such inclusion or designation, such property shall not be 
included on the National Register or designated as a National 
Historic Landmark until such objection is withdrawn. The 
Secretary shall review the nomination of the property or 
district where any such objection has been made and shall 
determine whether or not the property or district is eligible 
for such inclusion or designation, and if the Secretary 
determines that such property or district is eligible for such 
inclusion or designation, he shall inform the Advisory Council 
on Historic Preservation, the appropriate State Historic 
Preservation Officer, the appropriate chief elected local 
official and the owner or owners of such property, of his 
determination. The regulations under this paragraph shall 
include provisions to carry out the purposes of this paragraph 
in the case of multiple ownership of a single property.
  (7) The Secretary shall promulgate, or revise, regulations--
          (A) ensuring that significant prehistoric and 
        historic artifacts, and associated records, subject to 
        section 110 of this Act, the Act of June 27, 1960 (16 
        U.S.C. 469c), and the Archaeological Resources 
        Protection Act of 1979 (16 U.S.C. 470aa and following) 
        are deposited in an institution with adequate long-term 
        curatorial capabilities;
          (B) establishing a uniform process and standards for 
        documenting historic properties by public agencies and 
        private parties for purposes of incorporation into, or 
        complementing, the national historical architectural 
        and engineering records within the Library of Congress; 
        and
          (C) certifying local governments, in accordance with 
        subsection (c)(1) and for the allocation of funds 
        pursuant to section 103(c) of this Act.
  (8) The Secretary shall, at least once every 4 years, in 
consultation with the Council and with State Historic 
Preservation Officers, review significant threats to properties 
included in, or eligible for inclusion on, the National 
Register, in order to--
          (A) determine the kinds of properties that may be 
        threatened;
          (B) ascertain the causes of the threats; and
          (C) develop and submit to the President and Congress 
        recommendations for appropriate action.
  (b)(1) The Secretary, in consultation with the National 
Conference of State Historic Preservation Officers and the 
National Trust for Historic Preservation, shall promulgate or 
revise regulations for State Historic Preservation Programs. 
Such regulations shall provide that a State program submitted 
to the Secretary under this section shall be approved by the 
Secretary if he determines that the program--
          (A) provides for the designation and appointment by 
        the Governor of a ``State Historic Preservation 
        Officer'' to administer such program in accordance with 
        paragraph (3) and for the employment or appointment by 
        such officer of such professionally qualified staff as 
        may be necessary for such purposes;
          (B) provides for an adequate and qualified State 
        historic preservation review board designated by the 
        State Historic Preservation Officer unless otherwise 
        provided for by State law; and
          (C) provides for adequate public participation in the 
        State Historic Preservation Program, including the 
        process of recommending properties for nomination to 
        the National Register.
  (2)(A) Periodically, but not less than every 4 years after 
the approval of any State program under this subsection, the 
Secretary, in consultation with the Council on the appropriate 
provisions of this Act, and in cooperation with the State 
Historic Preservation Officer, shall evaluate the program to 
determine whether it is consistent with this Act.
  (B) If, at any time, the Secretary determines that a major 
aspect of a State program is not consistent with this Act, the 
Secretary shall disapprove the program and suspend in whole or 
in part any contracts or cooperative agreements with the State 
and the State Historic Preservation Officer under this Act, 
until the program is consistent with this Act, unless the 
Secretary determines that the program will be made consistent 
with this Act within a reasonable period of time.
  (C) The Secretary, in consultation with State Historic 
Preservation Officers, shall establish oversight methods to 
ensure State program consistency and quality without imposing 
undue review burdens on State Historic Preservation Officers.
  (D) At the discretion of the Secretary, a State system of 
fiscal audit and management may be substituted for comparable 
Federal systems so long as the State system--
          (i) establishes and maintains substantially similar 
        accountability standards; and
          (ii) provides for independent professional peer 
        review.
The Secretary may also conduct periodic fiscal audits of State 
programs approved under this section as needed and shall ensure 
that such programs meet applicable accountability standards.
  (3) It shall be the responsibility of the State Historic 
Preservation Officer to administer the State Historic 
Preservation Program and to--
          (A) in cooperation with Federal and State agencies, 
        local governments, and private organizations and 
        individuals, direct and conduct a comprehensive 
        statewide survey of historic properties and maintain 
        inventories of such properties;
          (B) identify and nominate eligible properties to the 
        National Register and otherwise administer applications 
        for listing historic properties on the National 
        Register;
          (C) prepare and implement a comprehensive statewide 
        historic preservation plan;
          (D) administer the State program of Federal 
        assistance for historic preservation within the State;
          (E) advise and assist, as appropriate, Federal and 
        State agencies and local governments in carrying out 
        their historic preservation responsibilities;
          (F) cooperate with the Secretary, the Advisory 
        Council on Historic Preservation, and other Federal and 
        State agencies, local governments, and organizations 
        and individuals to ensure that historic properties are 
        taken into consideration at all levels of planning and 
        development;
          (G) provide public information, education, and 
        training and technical assistance in historic 
        preservation;
          (H) cooperate with local governments in the 
        development of local historic preservation programs and 
        assist local governments in becoming certified pursuant 
        to subsection (c);
          (I) consult with appropriate Federal agencies in 
        accordance with this Act on--
                  (i) Federal undertakings that may affect 
                historic properties; and
                  (ii) the content and sufficiency of any plans 
                developed to protect, manage, or reduce or 
                mitigate harm to such properties; and
          (J) advise and assist in the evaluation of proposals 
        for rehabilitation projects that may qualify for 
        Federal assistance.
  (4) Any State may carry out all or any part of its 
responsibilities under this subsection by contract or 
cooperative agreement with any qualified nonprofit organization 
or educational institution.
  (5) Any State historic preservation program in effect under 
prior authority of law may be treated as an approved program 
for purposes of this subsection until the earlier of--
          (A) the date on which the Secretary approves a 
        program submitted by the State under this subsection, 
        or
          (B) three years after the date of the enactment of 
        the National Historic Preservation Act Amendments of 
        1992.
  (6)(A) Subject to subparagraphs (C) and (D), the Secretary 
may enter into contracts or cooperative agreements with a State 
Historic Preservation Officer for any State authorizing such 
Officer to assist the Secretary in carrying out one or more of 
the following responsibilities within that State--
          (i) Identification and preservation of historic 
        properties.
          (ii) Determination of the eligibility of properties 
        for listing on the National Register.
          (iii) Preparation of nominations for inclusion on the 
        National Register.
          (iv) Maintenance of historical and archaeological 
        data bases.
          (v) Evaluation of eligibility for Federal 
        preservation incentives.
        Nothing in this paragraph shall be construed to provide 
        that any State Historic Preservation Officer or any 
        other person other than the Secretary shall have the 
        authority to maintain the National Register for 
        properties in any State.
  (B) The Secretary may enter into a contract or cooperative 
agreement under subparagraph (A) only if--
          (i) the State Historic Preservation Officer has 
        requested the additional responsibility;
          (ii) the Secretary has approved the State historic 
        preservation program pursuant to section 101(b) (1) and 
        (2);
          (iii) the State Historic Preservation Officer agrees 
        to carry out the additional responsibility in a timely 
        and efficient manner acceptable to the Secretary and 
        the Secretary determines that such Officer is fully 
        capable of carrying out such responsibility in such 
        manner;
          (iv) the State Historic Preservation Officer agrees 
        to permit the Secretary to review and revise, as 
        appropriate in the discretion of the Secretary, 
        decisions made by the Officer pursuant to such contract 
        or cooperative agreement; and
          (v) the Secretary and the State Historic Preservation 
        Officer agree on the terms of additional financial 
        assistance to the State, if there is to be any, for the 
        costs of carrying out such responsibility.
  (C) For each significant program area under the Secretary's 
authority, the Secretary shall establish specific conditions 
and criteria essential for the assumption by State Historic 
Preservation Officers of the Secretary's duties in each such 
program.
  (D) Nothing in this subsection shall have the effect of 
diminishing the preservation programs and activities of the 
National Park Service.
  (c)(1) Any State program approved under this section shall 
provide a mechanism for the certification by the State Historic 
Preservation Officer of local governments to carry out the 
purposes of this Act and provide for the transfer in accordance 
with section 103(c), of a portion of the grants received by the 
States under this Act, to such local governments. Any local 
government shall be certified to participate under the 
provisions of this section if the applicable State Historic 
Preservation Officer, and the Secretary, certifies that the 
local government--
          (A) enforces appropriate State or local legislation 
        for the designation and protection of historic 
        properties;
          (B) has established an adequate and qualified 
        historic preservation review commission by State or 
        local legislation;
          (C) maintains a system for the survey and inventory 
        of historic properties that furthers the purposes of 
        subsection (b);
          (D) provides for adequate public participation in the 
        local historic preservation program, including the 
        process of recommending properties for nomination to 
        the National Register; and
          (E) satisfactorily performs the responsibilities 
        delegated to it under this Act.
Where there is no approved State program, a local government 
may be certified by the Secretary if he determines that such 
local government meets the requirements of subparagraphs (A) 
through (E); and in any such case the Secretary may make 
grants-in-aid to the local government for purposes of this 
section.
  (2)(A) Before a property within the jurisdiction of the 
certified local government may be considered by the State to be 
nominated to the Secretary for inclusion on the National 
Register, the State Historic Preservation Officier shall notify 
the owner, the applicable chief local elected official, and the 
local historic preservation commission. The commission, after 
reasonable opportunity for public comment, shall prepare a 
report as to whether or not such property, in its opinion, 
meets the criteria for the National Register. Within sixty days 
of notice from the State Historic Preservation Officer, the 
chief local elected official shall transmit the report of the 
commission and his recommendation to the State Historic 
Preservation Officer. Except as provided in subparagraph (B), 
after receipt of such report and recommendation, or if no such 
report and recommendation are received within sixty days, the 
State shall make the nomination pursuant to section 101(a). The 
State may expedite such process with the concurrence of the 
certified local government.
  (B) If both the commission and the chief local elected 
official recommend that a property not be nominated to the 
National Register, the State Historic Preservation Officer 
shall take no further action, unless within thirty days of the 
receipt of such recommendation by the State Historic 
Preservation Officer an appeal is filed with the State. If such 
an appeal is filed, the State shall follow the procedures for 
making a nomination pursuant to section 101(a). Any report and 
recommendations made under this section shall be included with 
any nomination submitted by the State to the Secretary.
  (3) Any local government certified under this section or 
which is making efforts to become so certified shall be 
eligible for funds under the provisions of section 103(c) of 
this Act, and shall carry out any responsibilities delegated to 
it in accordance with such terms and conditions as the 
Secretary deems necessary or advisable.
  (4) For the purposes of this section the term--
          (A) ``designation'' means the identification and 
        registration of properties for protection that meet 
        criteria established by the State or the locality for 
        significant historic and prehistoric resources within 
        the jurisdiction of a local government; and
          (B) ``protection'' means a local review process under 
        State or local law for proposed demolition of, changes 
        to, or other action that may affect historic properties 
        designated pursuant to subsection (c).
  (d)(1)(A) The Secretary shall establish a program and 
promulgate regulations to assist Indian tribes in preserving 
their particular historic properties. The Secretary shall 
foster communication and cooperation between Indian tribes and 
State Historic Preservation Officers in the administration of 
the national historic preservation program to ensure that all 
types of historic properties and all public interests in such 
properties are given due consideration, and to encourage 
coordination among Indian tribes, State Historic Preservation 
Officers, and Federal agencies in historic preservation 
planning and in the identification, evaluation, protection, and 
interpretation of historic properties.
  (B) The program under subparagraph (A) shall be developed in 
such a manner as to ensure that tribal values are taken into 
account to the extent feasible. The Secretary may waive or 
modify requirements of this section to conform to the cultural 
setting of tribal heritage preservation goals and objectives. 
The tribal programs implemented by specific tribal 
organizations may vary in scope, as determined by each tribe's 
chief governing authority.
  (C) The Secretary shall consult with Indian tribes, other 
Federal agencies, State Historic Preservation Officers, and 
other interested parties and initiate the program under 
subparagraph (A) by not later than October 1, 1994.
  (2) A tribe may assume all or any part of the functions of a 
State Historic Preservation Officer in accordance with 
subsections (b)(2) and (b)(3), with respect to tribal lands, as 
such responsibilities may be modified for tribal programs 
through regulations issued by the Secretary, if--
          (A) the tribe's chief governing authority so 
        requests;
          (B) the tribe designates a tribal preservation 
        official to administer the tribal historic preservation 
        program, through appointment by the tribe's chief 
        governing authority or as a tribal ordinance may 
        otherwise provide;
          (C) the tribal preservation official provides the 
        Secretary with a plan describing how the functions the 
        tribal preservation official proposes to assume will be 
        carried out;
          (D) the Secretary determines, after consulting with 
        the tribe, the appropriate State Historic Preservation 
        Officer, the Council (if the tribe proposes to assume 
        the functions of the State Historic Preservation 
        Officer with respect to review of undertakings under 
        section 106), and other tribes, if any, whose tribal or 
        aboriginal lands may be affected by conduct of the 
        tribal preservation program--
                  (i) that the tribal preservation program is 
                fully capable of carrying out the functions 
                specified in the plan provided under 
                subparagraph (C);
                  (ii) that the plan defines the remaining 
                responsibilities of the Secretary and the State 
                Historic Preservation Officer; and
                  (iii) that the plan provides, with respect to 
                properties neither owned by a member of the 
                tribe nor held in trust by the Secretary for 
                the benefit of the tribe, at the request of the 
                owner thereof, the State Historic Preservation 
                Officer, in addition to the tribal preservation 
                official, may exercise the historic 
                preservation responsibilities in accordance 
                with subsections (b)(2) and (b)(3); and
          (E) based on satisfaction of the conditions stated in 
        subparagraphs (A), (B), (C), and (D), the Secretary 
        approves the plan.
  (3) In consultation with interested Indian tribes, other 
Native American organizations and affected State Historic 
Preservation Officers, the Secretary shall establish and 
implement procedures for carrying out section 103(a) with 
respect to tribal programs that assume responsibilities under 
paragraph (2).
  (4) At the request of a tribe whose preservation program has 
been approved to assume functions and responsibilities pursuant 
to paragraph (2), the Secretary shall enter into contracts or 
cooperative agreements with such tribe permitting the 
assumption by the tribe of any part of the responsibilities 
referred to in subsection (b)(6) on tribal land, if--
          (A) the Secretary and the tribe agree on additional 
        financial assistance, if any, to the tribe for the 
        costs of carrying out such authorities;
          (B) the Secretary finds that the tribal historic 
        preservation program has been demonstrated to be 
        sufficient to carry out the contract or cooperative 
        agreement and this Act; and
          (C) the contract or cooperative agreement specifies 
        the continuing responsibilities of the Secretary or of 
        the appropriate State Historic Preservation Officers 
        and provides for appropriate participation by--
                  (i) the tribe's traditional cultural 
                authorities;
                  (ii) representatives of other tribes whose 
                traditional lands are under the jurisdiction of 
                the tribe assuming responsibilities; and
                  (iii) the interested public.
  (5) The Council may enter into an agreement with an Indian 
tribe to permit undertakings on tribal land to be reviewed 
under tribal historic preservation regulations in place of 
review under regulations promulgated by the Council to govern 
compliance with section 106, if the Council, after consultation 
with the tribe and appropriate State Historic Preservation 
Officers, determines that the tribal preservation regulations 
will afford historic properties consideration equivalent to 
those afforded by the Council's regulations.
  (6)(A) Properties of traditional religious and cultural 
importance to an Indian tribe or Native Hawaiian organization 
may be determined to be eligible for inclusion on the National 
Register.
  (B) In carrying out its responsibilities under section 106, a 
Federal agency shall consult with any Indian tribe or Native 
Hawaiian organization that attaches religious and cultural 
significance to properties described in subparagraph (A).
  (C) In carrying out his or her responsibilities under 
subsection (b)(3), the State Historic Preservation Officer for 
the State of Hawaii shall--
          (i) consult with Native Hawaiian organizations in 
        assessing the cultural significance of any property in 
        determining whether to nominate such property to the 
        National Register;
          (ii) consult with Native Hawaiian organizations in 
        developing the cultural component of a preservation 
        program or plan for such property; and
          (iii) enter into a memorandum of understanding or 
        agreement with Native Hawaiian organizations for the 
        assessment of the cultural significance of a property 
        in determining whether to nominate such property to the 
        National Register and to carry out the cultural 
        component of such preservation program or plan.
  (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)(1) The Secretary shall administer a program of matching 
grants to the States for the purposes of carrying out this Act.
          (2) The Secretary may administer grants to the 
        National Trust for Historic Preservation in the United 
        States, chartered by an Act of Congress approved 
        October 26, 1949 (63 Stat. 947) consistent with the 
        purposes of its charter and this Act.
  (3)(A) In addition to the programs under paragraphs (1) and 
(2), the Secretary shall administer a program of direct grants 
for the preservation of properties included on the National 
Register. Funds to support such program annually shall not 
exceed 10 per centum of the amount appropriated annually for 
the fund established under section 108. These grants may be 
made by the Secretary, in consultation with the appropriate 
State Historic Preservation Officer--
          (i) for the preservation of National Historic 
        Landmarks which are threatened with demolition or 
        impairment and for the preservation of historic 
        properties of World Heritage significance,
          (ii) for demonstration projects which will provide 
        information concerning professional methods and 
        techniques having application to historic properties,
          (iii) for the training and development of skilled 
        labor in trades and crafts, and in analysis and 
        curation, relating to historic preservation, and
          (iv) to assist persons or small businesses within any 
        historic district included in the National Register to 
        remain within the district.
  (B) The Secretary may also, in consultation with the 
appropriate State Historic Preservation Officer, make grants or 
loans or both under this section to Indian tribes and to 
nonprofit organizations representing ethnic or minority groups 
for the preservation of their cultural heritage.
  (C) Grants may be made under subparagraph (A) (i) and (iv) 
only to the extent that the project cannot be carried out in as 
effective a manner through the use of an insured loan under 
section 104.
  (4) Grants may be made under this subsection for the 
preservation, stabilization, restoration, or rehabilitation of 
religious properties listed in the National Register of 
Historic Places, provided that the purpose of the grant is 
secular, does not promote religion, and seeks to protect those 
qualities that are historically significant. Nothing in this 
paragraph shall be construed to authorize the use of any funds 
made available under this section for the acquisition of any 
property referred to in the preceding sentence.
  (5) The Secretary shall administer a program of direct grants 
to Indian tribes and Native Hawaiian organizations for the 
purpose of carrying out this Act as it pertains to Indian 
tribes and Native Hawaiian organizations. Matching fund 
requirements may be modified. Federal funds available to a 
tribe or Native Hawaiian organization may be used as matching 
funds for the purposes of the tribe's or organization's 
conducting its responsibilities pursuant to this section.
  (6)(A) As part of the program of matching grant assistance 
from the Historic Preservation Fund to States, the Secretary 
shall administer a program of direct grants to the Federated 
States of Micronesia, the Republic of the Marshall Islands, the 
Trust Territory of the Pacific Islands, and upon termination of 
the Trusteeship Agreement for the Trust Territory of the 
Pacific Islands, the Republic of Palau (referred to as the 
Micronesian States) in furtherance of the Compact of Free 
Association between the United States and the Federated States 
of Micronesia and the Marshall Islands, approved by the Compact 
of Free Association Act of 1985 (48 U.S.C. 1681 note), the 
Trusteeship Agreement for the Trust Territory of the Pacific 
Islands, and the Compact of Free Association between the United 
States and Palau, approved by the Joint Resolution entitled 
``Joint Resolution to approve the`Compact of Free 
Association'between the United States and Government of Palau, 
and for other purposes'' (48 U.S.C. 1681 note). The goal of the 
program shall be to establish historic and cultural 
preservation programs that meet the unique needs of each 
Micronesian State so that at the termination of the compacts 
the programs shall be firmly established. The Secretary may 
waive or modify the requirements of this section to conform to 
the cultural setting of those nations.
  (B) The amounts to be made available to the Micronesian 
States shall be allocated by the Secretary on the basis of 
needs as determined by the Secretary. Matching funds may be 
waived or modified.
  (f) No part of any grant made under this section may be used 
to compensate any person intervening in any proceeding under 
this Act.
  (g) In consultation with the Advisory Council on Historic 
Preservation, the Secretary shall promulgate guidelines for 
Federal agency responsibilities under section 110 of this 
title.
  (h) Within one year after the date of enactment of the 
National Historic Preservation Act Amendments of 1980, the 
Secretary shall establish, in consultation with the Secretaries 
of Agriculture and Defense, the Smithsonian Institution, and 
the Administrator of the General Services Administration, 
professional standards for the preservation of historic 
properties in Federal ownership or control.
  (i) The Secretary shall develop and make available to Federal 
agencies, State and local governments, private organizations 
and individuals, and other nations and international 
organizations pursuant to the World Heritage Convention, 
training in, and information concerning, professional methods 
and techniques for the preservation of historic properties and 
for the administration of the historic preservation program at 
the Federal, State, and local level. The Secretary shall also 
develop mechanisms to provide information concerning historic 
preservation to the general public including students.
  (j)(1) The Secretary shall, in consultation with the Council 
and other appropriate Federal, tribal, Native Hawaiian, and 
non-Federal organizations, develop and implement a 
comprehensive preservation education and training program.
  (2) The education and training program described in paragraph 
(1) shall include--
          (A) new standards and increased preservation training 
        opportunities for Federal workers involved in 
        preservation-related functions;
          (B) increased preservation training opportunities for 
        other Federal, State, tribal and local government 
        workers, and students;
          (C) technical or financial assistance, or both, to 
        historically black colleges and universities, to tribal 
        colleges, and to colleges with a high enrollment of 
        Native Americans or Native Hawaiians, to establish 
        preservation training and degree programs;
          (D) coordination of the following activities, where 
        appropriate, with the National Center for Preservation 
        Technology and Training--
                  (i) distribution of information on 
                preservation technologies;
                  (ii) provision of training and skill 
                development in trades, crafts, and disciplines 
                related to historic preservation in Federal 
                training and development programs; and
                  (iii) support for research, analysis, 
                conservation, curation, interpretation, and 
                display related to preservation.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 740 would allow the Sealaska Corporation, a regional 
corporation established under the Alaska Native Claims 
Settlement Act of 1971 (ANCSA), 43 U.S.C. Sec. Sec.  1601 et 
seq., to obtain its remaining land entitlement under ANCSA from 
portions of the Tongass National Forest outside of the 
withdrawal areas to which Sealaska's selections are currently 
restricted by law. Specifically, the bill transfers ownership 
of the nation's most treasured public lands scattered 
throughout the Tongass National Forest, from the north in 
Yakutat to the tip of Dall Island near the Canadian border, 
including highly controversial land selections on Prince of 
Wales Island and North Kuiu, to a for-profit corporation with a 
long history of clear-cutting old growth trees within the 
Tongass. Consequently, enactment of this legislation could have 
sweeping, unintended, and harmful impacts to the forest and the 
economy of southeastern Alaska. Even if H.R. 740 attempted to 
mitigate or address these potential impacts, which it does not, 
it is wholly unnecessary legislation and should be rejected by 
the House.
    This is the third Congress in which a bill benefiting 
Sealaska has been introduced and considered by the Natural 
Resources Committee. While H.R. 740 is an improvement over 
previous versions, reflecting some of the changes requested by 
stakeholders in southeast Alaska, the U.S. Forest Service, and 
the Alaska congressional delegation, it continues to be 
unnecessary. The only thing stopping Sealaska from finalizing 
its entitlement from within the areas the Corporation helped 
identify is Sealaska. Indeed, conveyance of those lands has 
been suspended, at Sealaska's request, while the Corporation 
pursues this legislation allowing it to select entirely new 
scenic, recreation and tourism areas for large-scale 
development such as industrial logging and construction.
    By allowing development in new areas, H.R. 740 risks 
stalling implementation of the U.S. Forest Service's plans to 
transition southeast Alaska's economy from old-growth logging 
to more sustainable management of the forest based on second-
growth timber. Sealaska claims to share this goal, but Sealaska 
would receive 20 percent more of the best old growth trees 
under H.R. 740 than it would under current law. Conveying these 
lands to the Corporation for logging will not only deplete 
prized old growth timber but also severely limit the Forest 
Service's ability to complete this critical transition for the 
remainder of the forest.
    Logging activities near rivers and streams cause erosion 
and flooding which degrade water quality and harm fish 
populations. Unfortunately, H.R. 740 does not provide adequate 
protections for salmon streams, which support a valuable public 
resource, or contain conservation provisions to mitigate the 
impacts of increased logging. The Tongass' salmon streams and 
rivers are a mainstay of the region's economy and its 
subsistence way of life and must be preserved.
    Under H.R. 740, the Tribal Forest Protection Act (TFPA)--a 
law that was intended to benefit tribal governments 
exclusively--would apply to private lands owned by Alaska 
Native Corporations such as Sealaska by declaring ANCSA lands 
as eligible for TFPA agreements, contracts, and grants. The 
Intertribal Timber Council (ITC), a 35-year-old association of 
62 forest owning tribes and Alaska Native organizations 
(including Sealaska), objects to extending the TFPA treatment 
to Alaska Native Corporation lands, calling the bill's attempt 
to equate corporation land with tribal land ``contrary'' to the 
purpose of the law, and carries with it public policy 
implications for states, tribes, federal agencies and private 
land owners that could ``corrupt the basic purpose and intent 
of the TFPA.'' Indeed, Congress passed TFPA to promote the 
federal trust responsibility of protecting on-reservation lands 
from wildfires from adjacent federal lands, which reflects the 
basic fiduciary obligation of the special government-to-
government relationship between the United States and federally 
recognized Indian tribes. ITC argues, and we agree, that 
applying the TFPA to tens of millions of acres of private 
Alaska Native corporation land, both village and regional, is 
misguided, and in any event should not be legislatively 
advanced as a secondary provision in a bill with an entirely 
different purpose.
    Finally, the Administration testified against H.R. 740, 
citing ongoing negotiations on a compromise bill, S. 340, which 
was introduced by Senators Murkowski and Begich. Extensive 
efforts have been made by the U.S. Forest Service, Sealaska, 
the environmental community, the Alaska congressional 
delegation, and impacted local communities to come to a 
balanced solution that works for all parties on the most 
controversial remaining issues, including providing for stream 
buffers and conservation areas under the bill. Any legislation 
impacting the Tongass should ensure that the U.S. Forest 
Service's transition goals can be met, and should provide 
longterm protection for the thousands of tourism and fishing 
jobs that rely on a healthy Tongass.
    For the many reasons cited above, H.R. 740 is not that 
legislation and should be rejected by the House.

                                   Peter DeFazio.
                                   Raul Grijalva.