[Senate Report 113-98]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 176
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-98

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



 
    SOUTHEAST ALASKA NATIVE LAND ENTITLEMENT FINALIZATION AND JOBS 
                               PROTECTION

                                _______
                                

               September 10, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 340]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 340) to provide for the settlement of 
certain claims under the Alaska Native Claims Settlement Act, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof 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 
        18, and dated June 14, 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. 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 18 parcels of land 
        generally depicted on the maps as ``Sealaska Selections'' and 
        patented under section 4 is less than or more than 69,585 
        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 
        70,075 acres of land described in subsection (a) shall consist 
        of--
                  (A) the 18 parcels of Federal land comprising 
                approximately 69,585 acres that is generally depicted 
                as ``Sealaska Selections'' on the maps; and
                  (B) a total of not more than 490 acres of Federal 
                land for cemetery sites and historical places comprised 
                of parcels that are applied for in accordance with 
                section 5.
          (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 under section 
                14(h)(8) of the Alaska Native Claims Settlement Act (43 
                U.S.C. 1613(h)(8)) 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 numbered 
                1 and 18 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, 
        except as otherwise provided in this section;
          (2) the Secretary shall, not later than 5 years 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; and
          (3)(A) the remaining land entitlement of Sealaska under 
        section 14(h)(8) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613(h)(8)) shall be 70,075 acres, provided that the 
        Secretary shall deduct the number of acres of Federal land for 
        which the Secretary has issued a conveyance under section 
        14(h)(8) of that Act (43 U.S.C. 1613(h)(8)) during the period 
        beginning on August 1, 2012, and ending 90 days after the date 
        of enactment of this Act; and
          (B) if the Governor of the State does not approve the 
        prioritized selections of Sealaska in the Saxman or Yakutat 
        withdrawal areas as required by subsection 14(h)(8)(B) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)(B)) 
        by the date that is 42 months after the date of enactment of 
        this Act, the Secretary shall reject those selections and 
        fulfill the remaining land entitlement of Sealaska from the 
        remaining 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. 4. CONVEYANCES TO SEALASKA.

  (a) Interim Conveyance.--
          (1) In general.--Subject to valid existing rights, 
        subsections (c), (d), and (e), section 3(b), and section 6(a), 
        the Secretary shall complete the interim conveyance of the 18 
        parcels of Federal land comprising approximately 69,585 acres 
        generally depicted on the maps by the date that is 60 days 
        after the date of receipt of the resolution under section 3(a), 
        subject to the Secretary identifying and reserving, by the date 
        that is 2 years after the date of enactment of this Act, any 
        easement under section 17(b) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1616(b)) that could have been 
        reserved prior to the interim conveyance.
          (2) Failure to reserve easements by deadline.--If the 
        Secretary does not complete the reservation of easements under 
        paragraph (1) by the date that is 2 years after the date of 
        enactment of this Act, the Secretary shall reserve the 
        easements as soon as practicable after that date.
  (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 3(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.--
                  (A) In general.--The interim conveyance and patents 
                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)).
                  (B) Termination.--No public easement reserved on land 
                conveyed under subsection (a) shall be terminated 
                without publication of notice of the proposed 
                termination in the Federal Register.
                  (C) Reservation of easements.--In the interim 
                conveyance and patents for the land under subsection 
                (a), the Secretary shall reserve the right of the 
                Secretary to amend the interim conveyance and patents 
                to include reservations of public easements under 
                section 17(b) of the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1616(b)) until the completion of the 
                easement reservation process.
          (2) Conservation easements.--
                  (A) In general.--In the interim conveyance and 
                patents for the land under subsection (a), the 
                Secretary shall reserve a conservation easement to 
                protect the aquatic and riparian habitat extending 100 
                feet on each side of the anadromous water bodies 
                depicted as ``100 Foot Conservation Easement'' on the 
                maps numbered 3, 4, and 6.
                  (B) Prohibition.--The commercial harvest of timber 
                within the conservation easements described in 
                subparagraph (A) shall be prohibited, except that 
                Sealaska may, for the purpose of harvesting timber 
                outside of the conservation easement--
                          (i) maintain roads within the conservation 
                        easement that are in existence on the date of 
                        enactment of this Act; and
                          (ii) construct temporary roads and yarding 
                        corridors across the conservation easements in 
                        accordance with the applicable National Forest 
                        System construction standards.
                  (C) Administration.--The Secretary of Agriculture 
                shall administer the conservation easements described 
                in subparagraph (A).
          (3) Research easement.--In the interim conveyance and patent 
        for the land generally depicted on the map numbered 7, 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.
          (4) Koscuisko island road easement.--
                  (A) In general.--Concurrently with the conveyance of 
                land under subsection (a), the Secretary shall grant to 
                Sealaska an easement on Koscuisko Island providing 
                access to and use by Sealaska of the sort yard and all 
                other upland facilities at the sort yard that are 
                associated with the transfer of logs to the marine 
                environment, subject to--
                          (i) the agreement under subparagraph (C); and
                          (ii) the agreement under section 6(b).
                  (B) Scope of the easement.--The easement under 
                subparagraph (A) shall enable Sealaska--
                          (i) to construct, use, and maintain a road 
                        connecting the National Forest System Road 
                        known as ``Cape Pole Road'' to the National 
                        Forest System Road known as ``South Shipley Bay 
                        Road'' within the corridor depicted on the map 
                        numbered 3;
                          (ii) to use, maintain, and if necessary, 
                        reconstruct the National Forest System Road 
                        known as ``South Shipley Bay Road'' referred to 
                        in clause (i) to access the sort yard and 
                        associated upland facilities at Shipley Bay; 
                        and
                          (iii) to use, maintain, and expand the sort 
                        yard and associated upland facilities at 
                        Shipley Bay that are within the area depicted 
                        on the map numbered 3.
                  (C) Roads and facilities use agreement.--In addition 
                to the agreement under section 6(b), the Secretary of 
                Agriculture and Sealaska shall enter into an agreement 
                relating to the access, use, maintenance, and 
                improvement of the roads and facilities under this 
                paragraph.
                  (D) Effect.--Nothing in this paragraph preempts or 
                otherwise affects 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, 
        noncommercial recreational hunting and fishing, and other 
        noncommercial 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), except as against 
                Sealaska for the management of public access under 
                paragraph (1).

SEC. 5. 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 76 cemetery sites and historical places--
          (1) that are listed in the document entitled ``Sealaska 
        Cemetery Sites and Historical Places'' and dated October 17, 
        2012;
          (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;
          (3) for which Sealaska has not previously submitted an 
        application; and
          (4) that are not located within a conservation system unit 
        (as defined in section 102 of the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3102)).
  (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.--If approved under the procedures described in 
subsection (b), the Secretary shall convey cemetery sites and 
historical places that result in the conveyance of a total of 
approximately 490 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 (g);
                  (C) the condition that the conveyance of land for the 
                site listed under subsection (a)(1) as ``Bay of Pillars 
                Portage'' is limited to not more than 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 (i).
  (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) Consultation With Recognized Tribal Entity.--Sealaska shall--
          (1) consult with any affected federally recognized Indian 
        tribe before submitting any application for a cemetery site or 
        historical place located within the vicinity of the Indian 
        tribe; and
          (2) include with each application described in paragraph (1) 
        a statement that the required consultation was carried out in 
        accordance with that paragraph.
  (f) Selection of Additional Cemetery Sites.--If Sealaska submits 
timely applications to the Secretary in accordance with subsections 
(a), (d), and (e), for all 76 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), and 
        subject to subsection (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 additional 
        cemetery sites that are not located in a conservation system 
        unit described in (a)(4), the total acreage of which, together 
        with the cemetery sites and historical places previously 
        conveyed by the Secretary under subsection (c), shall not 
        exceed 490 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).
  (g) 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));
                  (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; and
                  (C) public access to and along any Class I stream 
                described in section 705(e) of the Alaska National 
                Interest Lands Conservation Act (16 U.S.C. 539d(e)) for 
                noncommercial recreational and subsistence fishing, 
                without liability to Sealaska, except for willful acts, 
                to any user by reason of the use.
          (2) Limitations.--The public access and use under 
        subparagraphs (B) and (C) 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, except as against Sealaska 
                for the management of public access under paragraph 
                (2).
  (h) Prohibition on Transfer or Loss.--
          (1) Prohibition on transfer.--Notwithstanding any other 
        provision of law, Sealaska shall not--
                  (A) alienate, transfer, assign, mortgage, or pledge 
                any cemetery site or historical place conveyed under 
                this section to any person or entity other than the 
                United States; or
                  (B) permit development or improvement of the cemetery 
                site or historical place for any use which is 
                incompatible with, or is in derogation of, the values 
                of the area as a cemetery site or historical place.
          (2) Prohibition on loss.--Notwithstanding any other provision 
        of law, any cemetery site or historical place conveyed to 
        Sealaska under this section shall be exempt from--
                  (A) adverse possession and similar claims based on 
                estoppel;
                  (B) title 11 of the United States Code or a successor 
                law, any other insolvency or moratorium law, or any 
                other law generally affecting creditors' rights;
                  (C) judgments in any action at law or in equity to 
                recover sums owed or penalties incurred by Sealaska or 
                any employee, officer, director, or shareholder of 
                Sealaska, except for liens from real property taxes; 
                and
                  (D) involuntary distributions or conveyances to any 
                person or entity other than the United States related 
                to the involuntary dissolution of Sealaska.
  (i) 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. 6. MISCELLANEOUS.

  (a) Special Use Authorizations.--
          (1) In general.--On the conveyance of land to Sealaska under 
        section 4(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 
                issue the holder of the special use authorization 
                terminated under subparagraph (A) an authorization to 
                continue the authorized use, subject to the terms and 
                conditions that were in the special use authorization 
                issued by the Forest Service, for--
                          (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 4(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) Identification of 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 April 22, 2013, 
                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 April 22, 2013, 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 April 22, 2013, 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 described in 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) Tongass National Forest Young Growth Management.--
          (1) In general.--Notwithstanding subsection (m) of section 6 
        of the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1604) and in addition to the authority provided 
        under that subsection and the terms of section 705(a) of the 
        Alaska National Interest Lands Conservation Act (16 U.S.C. 
        539d(a)), the Secretary of Agriculture may allow the harvest of 
        trees prior to the culmination of mean annual increment of 
        growth in areas that are available for commercial timber 
        harvest under the Tongass National Forest Land and Resource 
        Management Plan to facilitate the transition from commercial 
        timber harvest of old growth stands.
          (2) Limitation.--Any sale of trees pursuant to the authority 
        granted under paragraph (1) shall not--
                  (A) exceed 15,000 acres during the 10-year period 
                beginning on the date of enactment of this Act, with an 
                annual maximum of 3,000 acres sold;
                  (B) exceed a total of 50,000 acres, with an annual 
                maximum of 5,000 acres sold after the first 10-year 
                period;
                  (C) be advertised if the indicated rate is deficit 
                (defined as the value of the timber is not sufficient 
                to cover all logging and stumpage costs and provide a 
                normal profit and risk allowance under the appraisal 
                process of the Forest Service) when appraised using a 
                residual value appraisal; or
                  (D) apply to land withdrawn under section 4(b).
          (3) Applicable law.--Nothing in this Act affects the 
        requirement under section 705(a) of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 539d(a)) that the 
        Forest Service seek to meet demand for timber from the Tongass 
        National Forest.
  (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).
          (3) Fish and wildlife.--Nothing in this Act enlarges or 
        diminishes the responsibility and authority of the State with 
        respect to the management of fish and wildlife on public land 
        in the State.
  (f) Escrow Funds.--If Sealaska files the resolution in accordance 
with section 3(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 4(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.

SEC. 7. CONSERVATION AREAS.

  (a) LUD II Management Areas.--If Sealaska files a resolution in 
accordance with section 3(a), section 508 of the Alaska National 
Interest Lands Conservation Act (Public Law 96-487; 104 Stat. 4428) is 
amended by adding at the end the following:
          ``(13) Bay of pillars.--Certain land which comprises 
        approximately 20,863 acres, as generally depicted on the map 
        entitled `Bay of Pillars LUD II Management Area--Proposed' and 
        dated June 14, 2013.
          ``(14) Kushneahin creek.--Certain land which comprises 
        approximately 33,613 acres, as generally depicted on the map 
        entitled `Kushneahin Creek LUD II Management Area--Proposed' 
        and dated June 14, 2013.
          ``(15) Northern prince of wales.--Certain land which 
        comprises approximately 8,728 acres, as generally depicted on 
        the map entitled `Northern Prince of Wales LUD II Management 
        Area--Proposed' and dated June 14, 2013.
          ``(16) Western kosciusko.--Certain land which comprises 
        approximately 8,012 acres, as generally depicted on the map 
        entitled `Western Kosciusko LUD II Management Area--Proposed' 
        and dated June 14, 2013.
          ``(17) Eastern kosciusko.--Certain land which comprises 
        approximately 1,664 acres, as generally depicted on the map 
        entitled `Eastern Kosciusko LUD II Management Area--Proposed' 
        and dated June 14, 2013.
          ``(18) Sarkar lakes.--Certain land which comprises 
        approximately 24,509 acres, as generally depicted on the map 
        entitled `Sarkar Lakes LUD II Management Area--Proposed' and 
        dated June 14, 2013.
          ``(19) Honker divide.--Certain land which comprises 
        approximately 19,805 acres, as generally depicted on the map 
        entitled `Honker Divide LUD II Management Area--Proposed' and 
        dated June 14, 2013.
          ``(20) Eek lake and sukkwan island.--Certain land which 
        comprises approximately 34,873 acres, as generally depicted on 
        the map entitled `Eek Lake and Sukkwan Island LUD II Management 
        Area--Proposed' and dated June 14, 2013.''.
  (b) No Buffer Zones.--
          (1) In general.--The designation of the conservation areas by 
        paragraphs (13) through (20) of section 508 of the Alaska 
        National Interest Lands Conservation Act (Public Law 96-487; 
        104 Stat. 4428) (as added by subsection (a)) (referred to in 
        this subsection as the ``conservation areas'') is not intended 
        to lead to the creation of protective perimeters or buffer 
        zones around the conservation areas.
          (2) Outside activities.--The fact that activities outside of 
        the conservation areas are not consistent with the purposes of 
        the conservation areas or can be seen or heard within the 
        conservation areas shall not preclude the activities or uses 
        outside the boundary of the conservation areas.

                                Purpose

    The purpose of S. 340 is to provide for the conveyance of 
certain land in the Tongass National Forest to the Sealaska 
Corporation, an Alaska Native Regional Corporation, to fulfill 
its remaining land entitlements authorized by the Alaska Native 
Claims Settlement Act.

                          Background and Need

    Enacted in 1971, the Alaska Native Claims Settlement Act 
(``ANCSA''; 43 U.S.C. 1601 et seq.) established a framework to 
resolve and settle aboriginal land claims of Alaska Natives. 
ANCSA established 12 geographic regional corporations (and a 
thirteenth landless one) and over 200 village corporations in 
Alaska and provided that each Alaska Native living on December 
18, 1971, was entitled to own stock in their local regional and 
village corporation. Through ANCSA, all Alaska Native 
aboriginal land claims were extinguished in exchange for 44 
million acres of land and $962.5 million. ANCSA also 
established specific criteria for designating and allocating 
the land and money among the regional and village corporations.
    The Sealaska Corporation is one of the regional 
corporations established by ANCSA and includes lands in 
Southeast Alaska. Under ANCSA, the Sealaska Corporation has 
selected a total of approximately 292,000 acres of land within 
certain township boundaries that are adjacent to ten Native 
Villages in Southeast Alaska. Sealaska has a remaining 
entitlement to approximately 70,000 acres that it can select 
from within a pool of approximately 327,000 acres of lands that 
are within the ANCSA ``withdrawal boundaries'' surrounding the 
Native Villages. However, Sealaska elected to withhold from 
finalizing the remainder of its entitlement from those areas, 
instead seeking legislation authorizing it to select lands 
outside of the ANCSA withdrawal boundaries. Sealaska contends 
that if it is forced to develop the lands inside the existing 
withdrawal boundaries it would be both more environmentally 
damaging and also less profitable for its shareholders.
    As ordered reported, S. 340 would authorize Sealaska to 
select from specified national forest lands in Southeast Alaska 
located outside of the withdrawal boundaries in order to 
complete its entitlement. The selected areas include 
approximately 70,075 acres of land within the Tongass National 
Forest which are primarily valuable for timber, as well 76 
sites totaling 490 acres with cemetery, historical, or 
traditional values; certain customary trade and migration 
routes; and access and development easements. Separately, it 
would provide protections from timber harvest and against some 
other development for approximately 152,000 acres of the 
Tongass National Forest. The bill requires Sealaska to waive 
selection rights within the withdrawal boundaries in return for 
it being able to select the designated lands outside the 
boundaries. The bill is designed to facilitate Sealaska's 
diversification from primarily timber harvesting to also 
include renewable energy, transportation, and recreation

                          Legislative History

    Senators Murkowski and Begich introduced S. 340 on February 
14, 2013. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 340 on April 25, 2013. At its business 
meeting on June 18, 2013, the Committee ordered the bill 
favorably reported with amendment.
    A similar bill, S. 730, was introduced by Senators 
Murkowski and Begich in the 112th Congress. Senators Inouye, 
Akaka, and Landrieu were also cosponsors. The Subcommittee on 
Public Lands and Forests held a hearing on S. 730 on May 25, 
2011 (S. Hrg. 112-131). Similar legislation, S. 881, was also 
introduced by Senators Murkowski, Begich, Inouye, and Akaka in 
the 111th Congress. The Subcommittee on Public Lands and 
Forests held a hearing on S. 881 on October 8, 2009 (S. Hrg. 
111-285).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 340, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 340, the committee adopted 
an amendment in the nature of a substitute. In addition to 
making several technical, clarifying, and conforming edits, the 
amendment: updates the map references of the lands to be 
conveyed to Sealaska to reflect boundary and acreage 
adjustments negotiated by Sealaska and the Forest Service; 
modifies the boundaries and acreage of several of the 
conservation areas designated in section 7; clarifies public 
access to and along certain streams within cemetery sites and 
cultural places conveyed to Sealaska; and provides the Forest 
Service with a limited exemption to allow it to harvest 
commercial timber prior to the culmination of mean annual 
increment of growth (CMAI) on a limited number of acres in the 
Tongass National Forest, to facilitate the transition from 
commercial timber harvest of old growth stands, while 
clarifying that nothing in this Act affects the requirements 
under current law that the Forest Service seek to meet demand 
for timber from the Tongass National Forest.
    The amendment is explained in detail in the section-by-
section analysis, below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Southeast Alaska 
Native Lands Entitlement Finalization and Jobs Protection 
Act.''
    Section 2 defines key terms and map references used in the 
bill.
    Section 3(a) provides that if the Secretary of the Interior 
receives a corporate resolution adopted by the Sealaska 
Corporation's (Sealaska) Board of Directors agreeing to accept 
the conveyance of land under this Act as full and final 
satisfaction of the remaining land entitlement granted the 
Corporation under section 14(h) of the Alaska Native Claims 
Settlement Act (ANCSA; 43 U.S.C. 1613(h)) within 90 days after 
the date of enactment, then the Secretary is directed to 
implement this act and charge the entitlement pool 70,075 acres 
of land (reduced by any acres deducted under subsection (b)(2)) 
to fulfill Sealaska's remaining land entitlement under ANCSA.
    Subsection (b) states that the 70,075 acres referenced in 
subsection (a) consists of 18 sites totaling 69,585 acres, plus 
up to an additional 490 acres of land cemetery sites and 
historical places which Sealaska may apply to receive in 
accordance with section 5.
    The 18 sites include 68,434 acres of timber lands 
identified on the referenced maps as follows: Calder, 6,708 
acres; Election Creek, 2,000 acres; Cleveland Peninsula, 1,380 
acres; 12-Mile Arm, 6,471 acres; Tuxekan Island, 13,041 acres; 
Polk and MacKenzie Inlet, 10,445 acres; Koscuisko Island, 
11,974, acres; Keete, 11,872 acres; Kuiu Island, about 4,595 
acres.
    The Committee is aware of concern in Port Protection and 
Port Baker about the local effect of logging activities on the 
Calder economic development parcel on Prince of Wales Island, 
including concerns if logging trucks access a log transfer 
facility at Port Protection. The Committee understands that 
Sealaska has agreed to truck logs harvested from the area using 
existing roads that will lead south and east to the Calder or 
other log transfer facilities, thereby avoiding the risk of 
increased traffic near the northern portion of the Mt. Calder-
Mt. Holbrook LUD II conservation area.
    The lands to be conveyed also include 1,099 acres of small 
parcel sites, as follows: Chicago Harbor, 150 acres; North 
Dolgoi Island, 245 acres; Redfield Lake, 22 acres; Cannon 
Beach, 43 acres; Crab Island Village, 4 acres; East Payne 
Island, 157 acres; Turnabout Island Village, 69 acres; 
Josephine Lake, 314 acres; Tlevak Narrows/Turn Point, 95 acres; 
Eleanor Island, 48 acres.
    Any lands conveyed to Sealaska between August 1, 2012 and 
the date Sealaska files a corporate resolution in accordance 
with subsection (a) are to be deducted from the number of acres 
to be conveyed under this Act.
    Subsection (c) provides that the resolution filed by 
Sealaska shall be final and irrevocable and shall result in the 
relinquishment of all existing selections made by Sealaska 
under section 14(h)(8) of ANCSA (43 U.S.C. 1613(h)(8)) and to 
the termination of all withdrawals by section 16 of ANCSA (43 
U.S.C. 1615), except for pending Village Corporation 
selections, until those selections are resolved.
    Subsection (d) provides that if Sealaska fails to file the 
resolution in accordance with subsection (a) then the 
provisions of this Act will cease to be effective and the 
Secretary of the Interior shall complete the interim conveyance 
of all remaining Sealaska lands within 5 years, setting the 
total acreage of lands to be conveyed at 70,075 acres, and 
completing the conveyance based on the prioritized selections 
in place with the Bureau of Land Management at the time of 
enactment. If the Governor of Alaska does not approve the 
prioritized selections in the Yakutat and Saxman selection 
areas as required by section 14(h)(8)(B) of ANCSA (43 U.S.C. 
1613(h)(8)(B)) within 42 months after the date of enactment, 
the Secretary shall reject those selections and convey lands 
based on the remaining prioritized selections on file with the 
Secretary.
    Subsection (e) states that except as provided in 
subsections (d) and (f), this Act provides the exclusive 
authority under which Sealaska's remaining land entitlement 
under section 14(h)8) of ANCSA may be fulfilled.
    Subsection (f) clarifies that nothing in this Act effects 
any pending applications for land selections under section 14 
of ANCSA (43 U.S.C. 1613).
    Section 4(a) directs the Secretary to complete the interim 
conveyance of the 18 parcels of land described in section 3 
within 60 days after the date the Secretary receives the 
resolution from Sealaska, although the Secretary has 2 years 
after the date of enactment to identify any public easements 
reserved under section 17(b) of ANCSA (43 U.S.C. 1616(b)). If 
the Secretary does not complete the reservation of easements 
within the 2-year period, the Secretary is directed to reserve 
the easements as soon as practicable after that date.
    Subsection (b) withdraws the 18 parcels of Federal land 
described in subsection (a) from all forms of appropriation 
under the public land laws; from location, entry, and patent 
under the mining laws; from disposition under the mineral or 
geothermal leasing laws; and from the Alaska Statehood Act, 
until the Sealaska selections are conveyed.
    Subsection (c) clarifies that the lands conveyed to 
Sealaska under subsection (a) shall be considered to be land 
conveyed under section 14(h)(8) of ANCSA (43 U.S.C. 
1613(h)(8)), and shall be subject to all laws and regulations 
applicable to entitlements under that section, including 
protections under section 907(d) of the Alaska National 
Interest Lands Conservation Act (ANILCA; 43 U.S.C. 1636(d)) 
from adverse possession by third parties and similar claims 
based upon estoppel, and real property taxes by any 
governmental entity.
    Subsection (d)(1) states that all conveyances of land to 
Sealaska are subject to the reservation of public easements for 
access allowed by section 17(b) of ANCSA (43 U.S.C. 1616(b)) 
and that no easements may be terminated without publication of 
notice of termination in the Federal Register.
    Paragraph (2) requires Sealaska to reserve a conservation 
easement to protect aquatic and riparian habitat extending 100 
feet on each side of three streams identified on the referenced 
maps. The streams covered by this requirement are along the 
main stem of Trout Creek on Koscuisko Island, on Old Tom Creek 
at Polk Inlet, and on Karheen and Tuxekan Creeks on Tuxekan 
Island. The easements bar commercial timber harvest from within 
the easements, except to allow roads in existence on the date 
of enactment, or to allow for construction of temporary roads 
and yarding corridors across the easements subject to National 
Forest System construction standards.
    Paragraph (3) directs the Secretary to reserve a 10-year 
research easement on 289 acres at 12 Mile Arm on Prince of 
Wales Island to permit the Forest Service to complete ongoing 
forestry research.
    Paragraph (4) requires the Secretary to grant Sealaska an 
easement to construct, use, and maintain a road to permit logs 
to be transported to a log transfer facility and sort yard at 
Shipley Bay on northern Koscuisko Island, extending from the 
Cape Pole Road to the South Shipley Bay Road. The easement also 
permits Sealaska to use maintain and expand the sort yard and 
associated upland facilities, subject to an agreement between 
Sealaska and the Forest Service relating to the access, use, 
maintenance, and improvement of the roads and facilities.
    Subsection (e) provides that any land conveyed under 
subsection (a) that is located outside a withdrawal area 
designated under section 16(a) of ANCSA (16 U.S.C. 1615(a)) 
shall remain open and available to subsistence uses, 
noncommercial recreational hunting and fishing, and other 
noncommercial public recreational uses, subject to certain 
terms and conditions.
    Section 5(a) authorizes Sealaska to submit applications for 
not more than 76 additional cemetery sites and historical 
places in accordance with section 14(h)(1) of ANCSA (43 U.S.C. 
1613). The sites are limited to ones that were identified in a 
report by Wilsey and Ham Inc., a Seattle archeological 
consulting firm, entitled ``1975 Native Cemetery and Historic 
Sites of Southeast Alaska (Preliminary Report)'' and dated 
October, 1975, for which Sealaska has not previously submitted 
an application, and which are not located within a conservation 
system unit (as that term is defined in section 102 of ANILCA 
(16 U.S.C. 3102). The 76 sites are listed in Appendix A.
    Subsection (b) requires the Secretary to consider all 
applications submitted under this section in accordance with 
the criteria and procedures in effect as of the date of 
enactment of this Act.
    Subsection (c) provides that if the Secretary approves the 
application of the 76 sites under the procedures described in 
subsection (b), the Secretary shall convey the sites to 
Sealaska. If all of the sites are approved for conveyance, the 
combined acreage of the 76 sites is approximately 490 acres. 
The acreage of the Bay of Pillars Portage historical site is 
limited to no more than 25 acres. Public access to or use of 
the sites conveyed under this section shall be consistent with 
the management plans for adjacent public lands.
    Subsection (d) establishes a deadline of 2 years after the 
date of enactment of this Act for Sealaska to submit its 
applications for the cemetery and historical sites it seeks to 
claim.
    Subsection (e) requires Sealaska to consult with recognized 
tribal entities located in the vicinity of a site to be 
conveyed before submitting an application to select that site. 
Each application must include a statement that consultation was 
completed.
    Subsection (f) authorizes Sealaska, if any cemetery sites 
or historical places are rejected in whole or in part, to 
submit applications to the Secretary for the conveyance of 
additional cemetery sites not located in a conservation system 
unit. Any subsequent applications under this subsection must 
occur not later than 2 years after the date on which the 
Secretary completes the conveyance of eligible sites under 
subsection (a), and shall not include cemetery sites located 
inside conservation system units, and the total acreage of the 
previously approved cemetery sites and historical places 
together with any additional approved cemetery sites shall not 
exceed 490 acres.
    Subsection (g) identifies public access rights applicable 
to all cemetery sites and historical places conveyed to 
Sealaska by this Act. All sites are subject to the reservation 
of public access easements under by section 17(b) of ANCSA (43 
U.S.C. 1616(b)), and are subject to public access across the 
conveyed land in cases in which no reasonable alterative access 
around the land is available, even if the sites aren't subject 
to section ANCSA 17(b) easements. The public access is without 
liability to Sealaska, except for willful acts.
    The subsection also provides for public access to and along 
any Class 1 (fishery) stream described in section 705(e) of 
ANILCA (16 U.S.C. 539d(e)) to permit noncommercial recreational 
and subsistence fishing in the streams, without liability to 
Sealaska, except for willful acts. The public access and use 
provisions in this subsection are subject to any reasonable 
restrictions that may be imposed by Sealaska to ensure public 
safety, to protect and conduct research on archaeological and 
cultural resources, or to provide environmental protection.
    Subsection (h)(1) provides that notwithstanding any other 
provision of law, Sealaska shall not alienate, transfer, 
assign, mortgage or pledge any cemetery site or historical 
place to any person or entity other than the United States. The 
subsection also prohibits any development of a cemetery or 
historical site that is incompatible with or in derogation of 
the values of the area as a cemetery site or historical place.
    Paragraph (2) further provides that notwithstanding any 
other provision of law, the cemetery sites or historical places 
conveyed to Sealaska by this section shall be exempt from 
adverse possession; title 11 of the U.S. Code or any other law 
involving insolvency or moratorium law, or other any law 
generally affecting creditors' rights; judgments in any action 
at law or in equity (except for liens for real property taxes); 
and involuntary distributions or conveyances to any person or 
entity except the United States.
    Subsection (i) clarifies that cemetery sites and historical 
places conveyed to Sealaska under this section shall be 
considered to be land conveyed in accordance with section 
14(h)(1) of ANCSA and subject to all laws applicable to those 
lands, including protections under section 907(d) of the ANILCA 
(43 U.S.C. 1636(d)) from adverse possession by third parties 
and similar claims based upon estoppel, and real property taxes 
by any governmental entity
    Section 6(a) provides that any guiding or outfitting 
special use permit on national forest land conveyed by this Act 
shall terminate upon the conveyance of the land to Sealaska, 
but as a condition of the conveyance, and consistent with 
section 14(g) of ANCSA, Sealaska shall issue the holder of the 
terminated special use authorization a new authorization to 
continue such operations from Sealaska for the remainder of the 
term of the terminated authorization, and one additional 10-
year renewal period. The subsection requires that both Sealaska 
and the permit holder have a mutual obligation to inform the 
other party of commercial activities and the provision allows 
for Sealaska and the permit holder to negotiate new mutually 
agreeable terms for guiding and outfitter authorizations prior 
to the end of the permit period. Neither Sealaska nor the 
United States shall bear liability for activities on any 
conveyed lands, except for willful acts.
    Subsection (b) requires that Sealaska and the Secretary of 
Agriculture within one year of passage to negotiate in good 
faith to develop a binding agreement for the use of National 
Forest System roads and related transportation facilities by 
Sealaska and the use of Sealaska roads and related 
transportation facilities by the Forest Service, an agreement 
similar to what is currently in place.
    Subsection (c) identifies three traditional trade and 
migration routes in Southeast Alaska to honor Tlingit and Haida 
history. The route from Yakutat to Dry Bay will be known as 
``Neix naax aan nax''--The Inside Passage; the route from Bay 
of Pillars to Port Camden, shall be known as ``Yakwdeiyi''--the 
Canoe Road; and the route from Portage Bay to Duncan Canal, 
shall be known as ``Lingit Deiyi''--the People's Road. The 
provision allows the routes to be open for travel by Sealaska 
and the public in accordance with applicable law, subject to 
any terms, conditions and authorizations set by the Secretary 
of Agriculture.
    Subsection (d) provides a waiver to Forest Service policy 
concerning the management of young-growth timber tracts in the 
Tongass National Forest. The provision allows the Forest 
Service to harvest trees on some tracts prior to the 
culmination of mean annual increment of growth (CMAI), a 
requirement under section 6 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974. The waiver is limited 
to the harvest of 15,000 acres during a 10-year period 
beginning on the date of enactment with an annual maximum of 
3,000 acres sold; and is limited to a total of 50,000 acres 
sold, with an annual maximum of 5,000 acres after the first 10-
year period. The waiver only applies for sales advertised if 
the indicated rate is not deficit (defined as the value of the 
timber is not sufficient to cover all logging and stumpage 
costs and provide a normal profit and risk allowance under the 
appraisal process of the Forest Service) when appraised using a 
residual value appraisal.
    The subsection also clarifies that nothing in this Act 
affects the requirement under section 705(a) of the Alaska 
National Interest Lands Conservation Act of 1980 that the 
Forest Service seek to meet demand for timber from the Tongass 
National Forest.
    The Forest Service has stated its intention in the Tongass 
National Forest of transitioning timber harvest away from old-
growth forests and into second growth forests while helping to 
maintain a viable timber industry in southeast Alaska.Current 
National Forest Management Act regulations generally allow 
final harvest of timber stands on Forest Service lands only 
after forest stands reach an age that maximizes the timber 
yield over continuous timber rotations (i.e., culmination of 
mean annual increment (CMAI)). Effectively, this regulation 
prohibits the Forest Service from conducting final harvest in 
second growth timber on the Tongass National Forest until trees 
reach an age of 70 years or more. The effect of current CMAI 
regulations is to slow the transition that would replace old 
growth timber with second growth timber over time on the 
Tongass National Forest.
    The provisions in this legislation relaxing the culmination 
of mean annual increment requirements on the Tongass National 
Forest will allow earlier harvest of stands of second growth 
timber, thereby speeding the transition away from old growth 
timber. The Forest Service is required by section 705(a) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 
539d(a)) to ``seek to meet demand'' for timber in the region. 
Nothing in this legislation changes this requirement. Further, 
the Forest Service has been required to ensure that timber 
sales are economic for many years by provisions of successive 
annual appropriation laws. This legislation would make those 
provisions permanent for sales of second growth timber from the 
Tongass National Forest. The Committee expects that in carrying 
out the CMAI provisions of this legislation that the Forest 
Service will provide sufficient supply of suitable timber 
through timber sales that are economic, thereby helping 
maintain the timber industry during the transition.
    Subsection (e) states that nothing in this Act delays the 
duty of the Secretary to convey lands to the State of Alaska in 
accordance with the Alaska Statehood Act of 1958, or to Alaska 
Native Corporations in accordance with ANCSA and the Alaska 
Land Transfer Acceleration Act of 2004.
    Paragraph (3) clarifies that nothing in this Act enlarges 
or diminishes the responsibility and authority of the State of 
Alaska with respect to the management of fish and wildlife on 
public lands in Alaska.
    Subsection (f) provides that if Sealaska files the 
resolution in accordance with section 3(a), it shall forfeit to 
the federal treasury any proceeds collected in an escrow fund 
since ANCSA's passage in 1971 from receipts from lands that 
Sealaska is receiving by this Act. The subsection also 
extinguishes Sealaska's rights to any proceeds, including 
interest, in the escrow account. The subsection also allows for 
technical corrections to the maps created to implement this Act 
and requires that all maps be available for public inspection 
in appropriate offices of the Department of Agriculture.
    Section 7(a) provides that if Sealaska files the resolution 
required in section 3(a) accepting the conveyance of lands 
under this Act, 8 new conservation areas totaling 152,067 acres 
are established in the Tongass National Forest, all Land Unit 
Designation II (LUD II) areas. The areas are established by 
amending section 508 of ANILCA, which was added by section 201 
of the Tongass Timber Reform Act of 1990. The new LUD II areas 
established are: Bay of Pillars, 20,863 acres; Kushneahin 
Creek, 33,613 acres; Northern Prince of Wales, 8,728 acres; 
Western Koscuisko, 8,012 acres; Eastern Koscuikso, 1,664 acres; 
Sarkar Lakes, 24,509 acres; Honker Divide, 19,805 acres; and 
Eek Lake and Sukkwan Island, 34,873 acres.
    Subsection (b) states that the designation of the 
conservation areas in subsection (a) is not intended to lead to 
the creation of protective perimeters or buffer zones around 
the conservation areas, and that the fact that activities 
outside of the conservation areas are not consistent with the 
purposes of the conservation areas or can be seen or heard 
within the conservation areas shall not preclude the activities 
or uses outside the boundary of the conservation areas.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 340--Southeast Alaska Native Land Entitlement Finalization and Jobs 
        Protection Act

    S. 340 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 S. 340 would result in a net loss 
of $3 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 S. 340 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. The bill 
also would open up some previously unavailable young-growth 
stands of timber for the Forest Service to harvest. Proceeds 
from the sale of timber on federal land are deposited in the 
Treasury as offsetting receipts (a credit against direct 
spending).
    CBO estimates that enacting S. 340 would result in about 
10,000 fewer federal acres being harvested for timber by the 
federal government over the 2014-2023 period, considering both 
the lands that would be acquired by Sealaska and the lands 
newly available to the Forest Service. We estimate that this 
reduction in timber harvests would reduce offsetting receipts 
by about $13 million over the 2014-2023 period. Because the 
Forest Service has the authority to spend a portion of those 
receipts without further appropriation, CBO estimates that 
enacting the bill would reduce net offsetting receipts to the 
Treasury by $3 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. S. 340 would increase direct 
spending; 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 S. 340 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JUNE 18, 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          3
--------------------------------------------------------------------------------------------------------------------------------------------------------

    S. 340 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.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 340.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 340, as ordered reported.

                   Congressionally Directed Spending

    S. 340, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Land Management and 
the Forest Service at the April 25, 2013, Subcommittee on 
Public Lands, Forests, and Mining hearing on S. 340 follows:

  Statement of Jamie Connell, Acting Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Thank you for the opportunity to provide the views of the 
Department of the Interior (Department) on S. 340, the 
Southeast Alaska Native Land Entitlement Finalization and Jobs 
Protection Act. My comments are limited to the programs 
administered by agencies of the Department, including the 
administration of the Alaska Land Conveyance Program by the 
Bureau of Land Management (BLM).
    S. 340 would amend the Alaska Native Claims Settlement Act 
(ANCSA) to allow the Southeast Alaska Native Corporation 
(Sealaska) to receive conveyance of Federal lands from areas of 
Alaska outside of originally designated withdrawal areas, 
finalizing its entitlement under ANCSA. The Department supports 
the goals of completing ANCSA entitlements as soon as possible 
so that Alaska Native corporations, including Sealaska, may 
each have the full economic benefits of completed land 
entitlements. The Department defers to the U.S. Forest Service 
on matters regarding the disposition and management of National 
Forest System lands.
    We look forward to working with the Congress, Sealaska, and 
community partners and interests to fulfill entitlements. Over 
the past years, the BLM has maintained an accelerated pace in 
administering the ANCSA land conveyance program; at mid-Fiscal 
Year 2013, the BLM had surveyed and patented to Native 
corporations nearly 32.6 million acres of ANCSA entitlements 
and had granted interim conveyance (all right, title, and 
interest of the Federal government) on approximately an 
additional 11.2 million acres of entitlements.


                               background


    The BLM is responsible for expediting Federal land 
conveyances to individual Alaska Natives, Native corporations, 
and the State of Alaska under five core statutes: the Alaska 
Native Allotment Act of 1906, the Alaska Statehood Act of 1958, 
the Alaska Native Veterans Allotment Act of 1998, ANCSA, and 
the Alaska Land Transfer Acceleration Act (ALTAA). When these 
land conveyances are completed, about 150 million acres, or 
approximately 42 percent of the land area of Alaska, will have 
been transferred from Federal to State and private (Native) 
ownership.
    ANCSA established a framework under which Alaska Natives 
formed private corporations to select and receive title to 44 
million acres of public land in Alaska and receive payment of 
$962.5 million in settlement of aboriginal claims to land in 
the State. Sealaska is one of 12 regional corporations formed 
under ANCSA.


                                 s. 340


    S. 340 would allow Sealaska to receive conveyance of lands 
outside of the original withdrawal areas established by ANCSA 
in 1971; specifically, to receive conveyance of lands from 
among 18 identified parcels in the Tongass National Forest 
other than those that were originally available for selection, 
and to receive conveyance of up to 490 acres of Federal land 
for cemetery sites and historical places. Conveyance of these 
parcels would constitute finalization of Sealaska's entitlement 
under ANCSA.
    The BLM would like the opportunity to work with the 
Committee on technical concerns related to finalizing the 
Sealaska entitlement. We note that if S. 340 is enacted other 
corporations might seek similar legislation for the 
substitution of new lands. In addition, the U.S. Fish and 
Wildlife Service notes that if S. 340 is enacted as proposed 
and the Tongass Forest Management Plan is modified, the Service 
may have to review its findings not to list the southeast 
Alaska distinct population segment (DPS) of Queen Charlotte 
goshawk and the Alexander Archipelago wolf.


                               conclusion


    The BLM in Alaska has made significant progress since the 
enactment of ALTAA, which gave the BLM tools to expedite land 
conveyances. We look forward to continuing to work with Alaska 
Native corporations, Native individuals, the State of Alaska, 
and other agencies and interests to fulfill the remaining land 
entitlements. Thank you for the opportunity to testify. I will 
be glad to answer any questions.
                              ----------                              


  Statement of James M. Pena, Associate Deputy Chief, National Forest 
           System, Forest Service, Department of Agriculture

    Mr. Chairman and members of the Committee, thank you for 
the opportunity to appear before you today to provide the 
Department of Agriculture's views on S. 340, the ``Southeast 
Alaska Native Land Entitlement Finalization and Jobs Protection 
Act.'' S. 340 would allow the Sealaska Corporation, a Regional 
Corporation established under the Alaska Native Claims 
Settlement Act of 1971 (ANCSA), 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.
    The Department of Agriculture supports the objectives of 
finalizing Sealaska's remaining ANCSA entitlement, and 
completing conveyance of it. Over the last two years, the 
Forest Service has worked diligently with USDA, the Department 
of the Interior, Sealaska, the Alaska delegation, members and 
staff of the Committee, and others to develop a solution that 
works for everyone. S. 340 represents a major step forward in 
that effort. We look forward to continuing the close working 
relationship to resolve the few issues that remain.
    Under S. 340, if the Sealaska board of directors approves 
the conveyances contemplated by the bill within 90 days of its 
enactment, the Secretary of the Interior would convey to 
Sealaska 18 parcels of Federal land on the Tongass National 
Forest totaling 69,585 acres within 60 days. Sealaska would 
also be allowed to apply within two years to the Secretary of 
the Interior for 76 cemetery sites and historical places; 
conveyance would be limited to a total of 490 acres. If any of 
these sites were rejected, Sealaska could apply for additional 
cemetery sites. These conveyances totaling 70,075 acres of 
Federal land would be the full and final satisfaction of 
Sealaska's remaining land entitlement under ANCSA.
    The biggest remaining issue deals with the potential 
effects of the bill on the transition to young growth forest 
management in Southeast Alaska, and ways to offset those 
effects. USDA is making extensive efforts to transition the 
Tongass timber program, and the timber industry in Southeast 
Alaska, away from a reliance on old-growth timber towards a 
reliance primarily on the harvest of young growth stands. We 
believe this transition is essential to the long-term social 
and economic sustainability of the industry, and of the local 
economies of the communities in Southeast Alaska.
    Under S. 340, many of the oldest second-growth stands on 
the Tongass would be conveyed to Sealaska. That would 
accelerate Sealaska's young growth program, but substantially 
delay the development of the Forest Service's young growth 
program on the Tongass unless additional steps are taken. The 
steps recommended by the Administration relate to the 
``Culmination of Mean Annual Increment,'' or CMAI. This is a 
provision of the National Forest Management Act which, in lay 
terms, generally limits the harvest of young growth forest 
stands until they have reached their maximum rate of growth. In 
order for the Tongass to continue its transition to harvesting 
young growth without any delay caused by the transfer of lands 
to Sealaska, the Administration recommends that a limited 
amount of young growth timber on the Tongass be expressly 
exempted from CMAI. This exemption is not precedent-setting; it 
would apply only to the Tongass National Forest, due to the 
unique situation presented by this legislation. The existing 
CMAI provision contained in the NFMA would not be amended. We 
recognize that forest industry wants to ensure that the 
transition to young growth timber is done in a way that 
sustains the industry. We share that goal and believe that a 
limited CMAI exemption in this legislation will benefit the 
industry, local communities, and the Tongass. The successful 
resolution of this issue would remove the primary obstacle to 
moving forward with this bill.
    There are several other minor amendments still being 
discussed. We hope to continue working with Sealaska and the 
Committee on these issues to ensure the final bill can be 
swiftly and efficiently implemented.
    In conclusion, we have come a long way toward developing a 
solution that works for all parties. Particularly the 
department wants to recognize Sen. Barrasso and her staff, for 
their willingness to work in good faith toward agreements 
wherever possible. With a little more time and effort, the 
department believes that result can be achieved.
    This concludes my testimony and I would be happy to answer 
any questions you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 340 as ordered reported.
    If Sealaska files the resolution in accordance with section 
3(a) of this Act, the changes in existing law made by S. 340, 
as ordered reported are as follows (existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman):

            ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT

                           Public Law 96-487


               Approved December 2, 1980 (94 Stat. 2371)


   AN ACT To provide for the designation and conservation of certain 
public lands in the State of Alaska, including the designation of units 
   of the National Park, National Wildlife Refuge, National Forest, 
 National Wild and Scenic Rivers, and National Wilderness Preservation 
                    Systems, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    Section 1. This Act, may be cited as the ``Alaska National 
Interest Lands Conservation Act''.

           *       *       *       *       *       *       *


TITLE V--NATIONAL FOREST SYSTEM

           *       *       *       *       *       *       *


SEC. 508. LUD II MANAGEMENT AREAS.

    The following lands are hereby allocated to Land Use 
Designation II (``LUD II'') as described in the Tongass 
National Forest Land Management Plan, completed March, 1979, 
and amended Winter 1985-1986, and shall be managed by the 
Secretary of Agriculture in perpetuity in accordance with such 
designation:
          (1) Yakutat fore lands.--Certain lands which comprise 
        approximately 137,947 acres, as generally depicted on a 
        map entitled ``Yakutat Forelands LUD I1 Management 
        Area-Proposed'' and dated March, 1990.
          (2) Berners bay.--Certain lands which comprise 
        approximately 46,000 acres, as generally depicted on a 
        map entitled ``Berners Bay LUD II Management Area-
        Proposed'' and dated May, 1989.
          (3) Anan creek.--Certain lands which comprise 
        approximately 38,415 acres, as generally depicted on a 
        map entitled ``Anan Creek LUD II Management Area-
        Proposed'' and dated October, 1990.
          (4) Kadashan.--Certain lands which comprise 
        approximately 33,641 acres, as generally depicted on a 
        map entitled ``Kadashan LUD II Management Area-
        Proposed'' and dated May, 1989.
          (5) Lisianski river/upper hoonah sound.--Certain 
        lands which comprise approximately 137,538 acres as 
        generally depicted on a map entitled ``Lisianski River/
        Upper Hoonah Sound LUD II Management Area-Proposed'' 
        and dated October, 1990.
          (6) Mt. calder/mt. holbrook.--Certain lands which 
        comprise approximately 64,040 acres as generally 
        depicted on a map entitled ``Mt. Calder/Mt. Holbrook 
        LUD II Management Area-Proposed'' and dated May, 1989 
        and ``Mt. CaIder/Mt. Holbrook LUD II Addition'', dated 
        October, 1990.
          (7) Nutkwa.--Certain Lands which comprise 
        approximately 28,118 acres as generally depicted on a 
        map entitled ``Nutkwa LUD II Management Area-Proposed' 
        and dated May, 1989.
          (8) Outside lands.--Certain lands which comprise 
        approximately 75,017 acres as generally depicted on a 
        map entitled ``Outside Islands LUD II Management Area-
        Proposed'' and dated May, 1989.
          (9) Trap bay.--Certain lands which comprise 
        approximately 6,646 acres as generally depicted on a 
        map entitled ``Trap Bay LUD II Management Area-
        Proposed'' and dated May, 1989.
          (10) Point adolphus/mud bay.--Certain lands which 
        comprise approximately 113,326 acres as generally 
        depicted on a map entitled ``Point Adolphus/Mud Bay LUD 
        II Management Area-Proposed'' and dated October, 1990.
          (11) Naha.--Certain lands which comprise 
        approximately 31,794 acres as generally depicted on a 
        map entitled ``Naha LUD II Management Area-Proposed'' 
        and dated October, 1990.
          (12) Salmon bay.--Certain lands which comprise 
        approximately 10,000 acres as generally depicted on a 
        map entitled ``Salmon Bay LUD II Management Area-
        Proposed'' and dated October, 1990.
          (13) Bay of pillars.--Certain land which comprises 
        approximately 20,863 acres, as generally depicted on 
        the map entitled ``Bay of Pillars LUD II Management 
        Area--Proposed'' and dated June 14, 2013.
          (14) Kushneahin creek.--Certain land which comprises 
        approximately 33,613 acres, as generally depicted on 
        the map entitled ``Kushneahin Creek LUD II Management 
        Area--Proposed'' and dated June 14, 2013.
          (15) Northern prince of wales.--Certain land which 
        comprises approximately 8,728 acres, as generally 
        depicted on the map entitled ``Northern Prince of Wales 
        LUD II Management Area--Proposed'' and dated June 14, 
        2013.
          (16) Western kosciusko.--Certain land which comprises 
        approximately 8,012 acres, as generally depicted on the 
        map entitled ``Western Kosciusko LUD II Management 
        Area--Proposed'' and dated June 14, 2013.
          (17) Eastern kosciusko.--Certain land which comprises 
        approximately 1,664 acres, as generally depicted on the 
        map entitled ``Eastern Kosciusko LUD II Management 
        Area--Proposed'' and dated June 14, 2013.
          (18) Sarkar lakes.--Certain land which comprises 
        approximately 24,509 acres, as generally depicted on 
        the map entitled ``Sarkar Lakes LUD II Management 
        Area--Proposed'' and dated June 14, 2013.
          (19) Honker divide.--Certain land which comprises 
        approximately 19,805 acres, as generally depicted on 
        the map entitled ``Honker Divide LUD II Management 
        Area--Proposed'' and dated June 14, 2013.
          (20) Eek lake and sukkwan island.--Certain land which 
        comprises approximately 34,873 acres, as generally 
        depicted on the map entitled ``Eek Lake and Sukkwan 
        Island LUD II Management Area--Proposed'' and dated 
        June 14, 2013.

           *       *       *       *       *       *       *


                                  
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