[Senate Report 118-221]
[From the U.S. Government Publishing Office]
Calendar No. 500
118th Congress } { Report
SENATE
2d Session } { 118-221
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UNRECOGNIZED SOUTHEAST ALASKA NATIVE
COMMUNITIES RECOGNITION AND COMPENSATION ACT
_______
September 10, 2024.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Engergy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1889]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1889) to provide for the recognition of
certain Alaska Native communities and 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.
Amendment
Strike section 7.
Purpose
The purpose of S. 1889 is to establish five Alaska Native
Urban Corporations in Southeast Alaska and to provide each
newly established corporation with approximately 23,040 acres
of land from the Tongass National Forest.
Background and Need
In 1971, Congress enacted the Alaska Native Claims
Settlement Act (ANCSA; Public Law 92-203) to settle the
aboriginal claims of Alaska Natives. Under ANCSA, Alaska
Natives received title to a total of 44 million acres to be
divided among the 220 Native village corporations, four urban
corporations, and 12 regional corporations established by the
Act.
Under section 11(b) of ANCSA (43 U.S.C. 1610(b)), Alaska
Natives were authorized to be a shareholder of a village
corporation (in addition to being a shareholder in a regional
corporation) if 25 or more Native residents lived in a village
as of 1970 census, if the village was not modern or urban in
character, and if a majority of the village population was
Native.
Prior to the passage of ANCSA, Alaska Natives in southeast
Alaska received payments from the United States pursuant to
court cases in the 1950s and late 1960s for the taking of their
aboriginal lands. Because Alaska Natives in this area
benefitted from additional settlements under ANCSA, the
eligible communities received less acreage than their
counterparts elsewhere in Alaska. Section 14(h)(3) of ANCSA (43
U.S.C. 1613(h)(3)) authorized the conveyance of 23,040 acres of
surface lands to four communities in Southeast: Juneau, Sitka,
Kenai, and Kodiak, even though those communities did not meet
the requirements to be recognized as a Native Village
Corporation under ANCSA. The communities of Ketchikan,
Wrangell, Petersburg, Tenakee, and Haines were excluded from
recognition under ANCSA, although some of the communities had
similar demographic characteristics as the four communities
which were recognized. Despite this, the five communities
applied to the Secretary of the Interior to be recognized as
ANCSA native corporations, but were determined to be
ineligible. Three of the five appealed their status and were
denied.
Ketchikan, Petersburg, Haines, and Tenakee were originally
villages or seasonal gathering places long before white
settlers arrived, and Wrangell became the primary village for
the Stikine Kwan in 1836 during the Russian era. Although the
communities today have majority non-Native populations, many
Alaska Natives in Southeast Alaska believe these communities
should be recognized under ANCSA and receive similar lands as
provided to other urban and village corporations.
S. 1889 would establish urban corporations for the five
``landless'' communities.
Legislative History
S. 1889 was introduced by Senators Murkowski and Sullivan
on June 8, 2023. The Subcommittee on Public Lands, Forests, and
Mining held a hearing on S. 1889 on October 25, 2023.
Representatives Peltola and Stauber introduced a companion bill
in the House of Representatives, H.R. 4748, on July 19, 2023.
Similar legislation on this topic has been introduced
several times since the 1990s. S. 3269 was introduced to the
117th Congress by Senators Murkowski and Sullivan on November
19, 2021. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on S. 3269 on June 7, 2022. Representative Young
introduced a companion measure in the House of Representatives,
H.R. 3231.
The Subcommittee on Public Lands, Forests, and Mining held
hearings on S. 4889 on September 18, 2020, in the 116th
Congress, S. 1481 on February 7, 2018, in the 115th Congress,
and S. 872 on October, 8, 2015, in the 114th Congress.
Senator Murkowski introduced similar bills in previous
Congresses: S. 784 in the 111th Congress, S. 1746 in the 110th
Congress, and S. 1306 in the 109th Congress. Representative Don
Young introduced companion bills alongside the Senate measures,
but no further action was taken on the House companion
legislation. A similar bill was introduced by Senator Frank
Murkowski in the 105th Congress, S. 967, and the bill was
reported favorably with an amendment on October 29, 1997 (S.
Rept. 105-119).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on December 14, 2023, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1889, if amended as described herein. Chairman Manchin and
Senators Cantwell, Heinrich, and Padilla asked to be recorded
as voting no.
Committee Amendment
During its consideration of S. 1889, the Committee adopted
an amendment which struck section 7 of the bill relating to
conveyances of certain Bureau of Land Management (BLM) land to
the City of Tenakee Springs, Alaska.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title of the bill, the
``Unrecognized Southeast Alaska Native Communities Recognition
and Compensation Act.''
Section 2. Purpose
Section 2 states that the purpose of the Act is to redress
the omission of the Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell from eligibility under the Alaska Native Claims
Settlement Act (ANCSA) (43 U.S.C. 1601 et seq.) by authorizing
those communities to form Urban Corporations and to receive
certain settlement land pursuant to ANCSA.
Section 3. Establishment of additional Native Corporations
Section 3 amends section 16 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1615) to add a new subsection (e)
authorizing the Alaska Native communities of Haines, Ketchikan,
Petersburg, Tenakee, and Wrangell to organize as Urban
Corporations under ANCSA. The section also clarifies that the
amendment does not affect any entitlement to land of any Native
Corporation that was established pursuant to ANCSA prior to the
date of enactment of this Act.
Section 4. Shareholder eligibility
Section 4 amends section 8 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1607) to add a new subsection (d)
requiring the Secretary of the Interior (the Secretary) to
enroll to each of the Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell Urban Corporations those individual Natives who
enrolled under ANCSA to the Native Villages of the Communities,
respectively. Each Native enrolled to an Urban Corporation for
those communities and who was enrolled as a shareholder of the
Regional Corporation for Southeast Alaska, shall receive 100
shares of Settlement Common Stock in the respective Urban
Corporation. If a Native received shares of stock in the
Regional Corporation for Southeast Alaska through inheritance
from a decedent originally enrolled to the Haines, Ketchikan,
Petersburg, or Wrangell Native Villages and the decedent was
not a shareholder in a Village or Urban Corporation, the Native
shall receive the identical number of shares of Settlement
Common Stock in the Urban Corporations established under
section 3 as the number of shares inherited from the decedent
who would have been eligible to be enrolled to the respective
Urban Corporation. Nothing in this section affects any previous
or future allocation of acreage to any Regional Corporation
pursuant to sections 12(b) or 14(h)(8) of ANCSA.
Section 5. Distribution rights
Section 5 amends section 7 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606) to authorize the Native members
of the Haines, Ketchikan, Petersburg, Tenakee, and Wrangell
Native Villages who become shareholders of the Urban
Corporations of those communities to be eligible to receive
distributions as at-large shareholders of the Regional
Corporation for Southeast Alaska. The subsection also clarifies
that no amendments made by this Act shall have any effect over
the ratio for determination of revenue distribution among
Native Corporations or the settlement agreement among Regional
or Village Corporations or other provisions of subsections (i)
or (j) of ANCSA.
Section 6. Compensation
Section 6 amends the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) by adding a new section 43 to that
Act.
Subsection (a) of the amendment defines an Urban
Corporation to mean the Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell Urban Corporations.
Paragraph (b)(1) of this amendment authorizes the Secretary
to convey approximately 23,040 acres of the surface estate of
certain Federal land parcels to each of the Haines, Ketchikan,
Petersburg, Tenakee, and Wrangell Urban Corporations, as
depicted on the referenced maps, and subject to valid existing
rights. On the date on which the surface estate is conveyed to
the Urban Corporations, the Secretary shall convey the
subsurface estate of the land to the Regional Corporation of
Southeast Alaska. The surface estate to the Urban Corporations
shall be conveyed no later than 2 years after the incorporation
of the Urban Corporation under section 16(e) of ANCSA, as
amended by this Act. The Secretary is authorized to extend the
2-year deadline by no more than one year for any individual
parcel of land to allow the conclusion of any public appeal of
a public easement decision for the parcel, subject to the
requirement that the final conveyance of the land be completed
as soon as practicable after the date on which the appeal is
concluded. The conveyances of the land shall be considered to
be the full and final satisfaction of the entitlement of the
Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under this
Act, notwithstanding any necessary adjustments of the acreage
of the land surveyed if found to be less than 23,020 acres and
more than 23,060 acres. In those cases, the Secretary of the
Interior, the Secretary of Agriculture, and the Urban
Corporation are authorized to negotiate in good faith to make a
mutually agreeable adjustment to that land to ensure it is no
more or less than 23,040 acres.
Paragraph (2) withdraws, subject to valid existing rights,
the Federal land identified in paragraph (1) from all forms of
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all mineral and geothermal leasing and
mineral material laws. This withdrawal remains in effect until
the date on which the Federal land is conveyed.
Paragraph (3) states that, except as otherwise provided,
any land conveyed to an Urban Corporation under paragraph (1)
shall be considered the land conveyed by the Secretary under
section 14(h) of ANCSA, and subject to all laws applicable to
entitlements under that section, including section 907(d) of
the Alaska National Interest Lands Conservation Act (43 U.S.C.
1636(d)) (which provides legal protections against claims and
taxes for lands conveyed under ANCSA).
Paragraph (4) requires the conveyances under paragraph (1)
to be subject to the reservation before the conveyance of
public easements under section 17(b) of ANCSA. No public
easement reserved on land subject to conveyance shall be
terminated by the Secretary without a notice of the proposed
termination in the Federal Register. If the easement
reservation process has not been completed after 2 years after
the date of incorporation of the Urban Corporation, or the
appeal of a public easement is not completed in 3 years after
the date of incorporation of the Urban Corporation, the
Secretary is required to convey the parcel of land and, as part
of the conveyance, reserve the right of the Secretary to amend
the conveyance to include reservations of public easements
until the date of completion of the easement reservation
process. Finally, the paragraph clarifies that nothing in this
Act modifies, changes, or terminates the rights-of-way granted
to the State under section 4407 of the SAFETEA-LU (Public Law
109-59; 119 Stat. 1777) or the 2006 memorandum of understanding
between the State and the Forest Service to implement that
section.
Paragraph (5) requires that any land conveyed under
paragraph (1) (including access through roadways, trails, and
forest roads) remain open and available to subsistence uses,
noncommercial recreational hunting and fishing, and other
noncommercial recreational uses by the public under applicable
law without liability to the Urban Corporation, except for
willful acts by the Corporation, to any user as a result of
that use. Those uses are subject to any reasonable restrictions
by the Urban Corporation to ensure public safety; minimize
conflicts between recreational and commercial uses; protect
cultural resources; conduct scientific research; provide
environmental protection, and also subject to the condition
that the Urban Corporation post notices of the restricted use
on any applicable property, in accordance with State law. Any
access provided to an individual or entity shall not create an
interest in any third party in the land conveyed under
paragraph (1), or provide standing to any third party in any
review of, or challenge to, any determination by the Urban
Corporation with respect to the management or development of
the land, except as against the Urban Corporation for the
management of public access under this paragraph.
Paragraph (6) requires that on conveyance of the land under
paragraph (1), any special use authorization issued by the
Forest Service for guiding or outfitting use on the land be
terminated, and as a condition of the conveyance (consistent
with section 14(g) of ANCSA), the Urban Corporation shall issue
the holder of the special use authorization an authorization to
continue the use, subject to terms and conditions of the
original special use authorization for the remainder of term of
the authorization and one additional consecutive 10-year
renewal period. The Urban Corporation and holder of a guiding
or outfitting authorization shall have a mutual obligation to
inform the other party of any commercial activities prior to
engaging in the activities on the land. Nothing precludes the
Urban Corporation and the holder of a guiding or outfitting
authorization from negotiating a new mutually agreeable
authorization, and neither the Urban Corporation nor the United
States shall bear any liability regarding the use and occupancy
of the land, as provided in any outfitting or guiding
authorization under this paragraph.
Paragraph (6) also directs the Secretary of Agriculture to
seek to enter into a binding mutual use agreement for the use
of the National Forest System roads and related transportation
facilities in the Tongass National Forest by the Urban
Corporation and their designees, and the use of the roads and
related facilities of the Urban Corporation by the Forest
Service and their designees. The mutual use agreement shall:
provide that the use of road and related facilities by a third
party not begin until the date on which the third party signs a
mutual use agreement entered into with the Urban Corporation;
provide that the State is authorized to use the roads and
related facilities on substantially similar terms as provided
to the Forest Service; include restrictions on, and fees for,
the use of the National Forest System roads and related
facilities in existence on the date of enactment of this
section, as necessary, and are reasonable and comparable to the
restrictions and fees imposed by the Forest Service for their
use; not restrict or limit any access to the roads and related
facilities of the Urban Corporation or the Forest Service that
may be otherwise provided by valid existing rights and
agreements in existence as of the date of enactment of this
section; and finally, provide for periodic updates to the
mutual use agreement if the terms and conditions of the updated
agreement are consistent with the terms and conditions
described in this paragraph. It is the intent of Congress that
the mutual use agreements under this paragraph be entered into
as soon as practicable after the date of enactment of this
section, and not later than one year after the date of
incorporation of the Urban Corporation. The Urban Corporation
shall allow administrative access to the roads and related
facilities under substantially similar terms as are provided by
the Forest Service as of the date of enactment of this Act, and
the access shall be authorized beginning on the date on which
the land is conveyed to the Corporation, and ending on the
effective date of a binding mutual use agreement.
Paragraph (6) also clarifies that nothing in this section
delays the duty of the Secretary to convey land to the State
under the Alaska Statehood Act (Public Law 85-508; 48 U.S.C.
note prec. 21) or a Native Corporation under ANCSA or the
Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note;
Public Law 108-452). The statehood selections under the Alaska
Statehood Act are not displaced by the conveyed parcels in
paragraph (1). In the event of a dispute between a Statehood
selection and a conveyed parcel, the Secretary shall work in
good faith with the Urban Corporation and the State to adjust
the boundary to exclude the Statehood selection. The Secretary
is required to promptly proceed with the conveyance of all land
necessary to fulfill the final entitlement of all Native
Corporations in accordance with this Act and the Alaska
Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-
452). Nothing enlarges or diminishes the responsibility and
authority of the State with respect to fish and wildlife in the
State. Finally, paragraph (6) requires each map referred to in
paragraph (1) to be available in the appropriate offices of the
Secretary of the Interior and the Secretary of Agriculture, and
the Secretary of the Interior is authorized, in consultation
with the Secretary of Agriculture, to correct any clerical or
typographical errors in those maps.
Paragraph (7) states that beginning on the date of
enactment of this section, the escrow requirements under
section 2 of Public Law 94-204 (43 U.S.C. 1613 note) shall
apply to proceeds derived from the land withdrawn under
paragraph (2).
Subsection (c) of this amendment requires the land conveyed
under subsection (b) to include all right, title, and interest
of the United States in all roads, trails, log transfer
facilities, leases, and appurtenances on or related to the land
conveyed. The land conveyed shall be subject to all valid
existing rights in accordance with section 14(g) of ANCSA,
including any reciprocal rights-of-way, easements, or
agreements for the use of the roads, trails, log transfer
facilities, leases, and appurtenances. On or before the date on
which the land is conveyed, the Secretary shall provide to the
Urban Corporation notice of all reciprocal rights-of-way,
easements, and agreements for the use of roads, trails, log
transfer facilities, leases, and appurtenances on or related to
the land in existence as of the date of enactment of this
section. In accordance with section 14(g), any right-of-way,
easement, or agreement shall continue unless it expires under
its own terms or is mutually renegotiated.
Subsection (d) authorizes each Urban Corporation to
establish a settlement trust in accordance with section 39 for
certain purposes, as applicable. The proceeds and income from
the principal of a trust shall first be applied to the support
of those enrollees, who are elders or minor children and
thereafter to all other enrollees.
Subsection (e) authorizes appropriations to the Secretary
of the Interior of $12,500,000 to provide grants in the amount
of $2,500,000 each, to be used only for activities that support
the implementation of this section, including planning and
development.
Cost and Budgetary Considerations
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 1889
as ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
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. 1889. 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. 1889, as ordered reported.
Congressionally Directed Spending
S. 1889, as ordered 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 from the Subcommittee on Public Lands,
Forests, and Mining October 25, 2023, hearing on S. 1889
follows:
Statement of Nada Wolff Culver, Principal Deputy
Director, Bureau of Land Management, U.S. De-
partment of the Interior
s. 1889, unrecognized southeast alaska native
communities recognition & compensation act
S. 1889 would amend the Alaska Native Claims Settlement Act
(ANCSA) (P.L. 92-203) to authorize the Southeast Alaska Native
communities of Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell to organize as Urban Corporations under Sealaska
Corporation, the regional corporation for Southeast Alaska. The
bill also directs the Secretary to convey approximately 23,040
acres of surface estate in the Tongass National Forest to each
urban corporation, and to convey the subsurface estate
underlying the same lands to Sealaska Corporation. S. 1889
further notes that Congress intends such conveyances to be made
within two years from the date the corporations are formed.
Analysis
In 1971, Congress passed ANCSA, which settled aboriginal
land claims in Alaska by entitling Alaska Native communities to
select and receive title to 46 million acres of Federal land.
The Act established a corporate structure for Native land
ownership in Alaska under which Alaska Natives would become
shareholders in one of over 200 private, land-owning Alaska
Native village, group, urban, and reserve corporations and/or
one of 12 private, for-profit, land-owning regional
corporations. Most Alaska Natives are enrolled in two
corporations; the corporation representing the community where
they lived in 1970 and a regional corporation.
Each regional corporation encompasses a specific geographic
area and is associated with Alaska Natives who had
traditionally lived in the area. For each corporation, whether
village or regional, ANCSA provided at least two potential
acreage entitlements through which it could select and receive
ownership of Federal lands. For Alaska Natives who were non-
residents of the state at the time the Act was signed into law,
ANCSA authorized a non-landowning 13th Regional Corporation.
Due to a monetary settlement prior to ANCSA (Tlingit and
Haida Indians of Alaska and Harry Douglas, et al. v. United
States, 182 Ct. Cl., 130, 389 F.2d 778, 1968), land
entitlements in Southeast Alaska differ from those in the rest
of the state. Section 16(a) of ANCSA withdrew lands for 10
specific Native villages located in Southeast Alaska, which did
not include the communities of Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell.
The communities of Haines, Ketchikan, and Tenakee have
previously applied for eligibility for lands and benefits under
ANCSA. The Bureau of Indian Affairs (BIA) originally determined
Haines as eligible to receive land and benefits under ANCSA but
reversed its decision in February of 1974. The BIA also
determined Tenakee and Ketchikan to be ineligible.
All three appealed the BIA's decisions to the Alaska Native
Claims Appeal Board (ANCAB), an ad hoc Interior appellate board
established specifically to hear appeals on ANCSA matters. The
ANCAB found that Congress intended to grant benefits only to
the 10 villages listed in Sec. 16(a) of ANCSA and affirmed
BIA's decisions. Petersburg and Wrangell did not apply for
eligibility, and none of the five villages filed land selection
applications.
As the Secretary of the Interior's designated survey and
land conveyance agent, the BLM is the Federal agency tasked
with transferring to Alaska Native corporations title to the 46
million acres as required by ANCSA. The BLM's Alaska Land
Transfer program administers the transfer of lands to
individual Alaska Natives under the Alaska Native Allotment and
Alaska Native Veterans Allotment Acts, the transfer of 46
million acres to Alaska Native communities under ANCSA, and the
conveyance of 104.5 million acres to the State of Alaska under
the Alaska Statehood Act.
The BLM appreciates the Sponsor's efforts to resolve this
long-standing dispute regarding ANCSA eligibility for the
Alaska Native communities of Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell. The BLM would like to work with the
Sponsor on several technical modifications to address potential
issues, including conveyance of land with valid existing
rights, and potentially contaminants, to the new Alaska Native
Corporations.
Additionally, the BLM would like to ensure all parcels
identified are available to be transferred; and that previous
and future allocations to regional corporations are unaffected
by the bill. The BLM defers to the U.S. Forest Service on
issues related to the land designated by the bill to be
transferred, as the designated lands are all within the Tongass
National Forest. The BLM is also currently working on the land
conveyances, identified in Section 7 of the bill, through
existing authorities and believe that to be the most effective
and efficient process to complete those actions.
----------
Testimony of Jacqueline Emanuel, Associate Deputy
Chief, United States Department of Agriculture,
Forest Service
s. 1889, ``unrecognized southeast alaska natives
communities recognition and compensation act''
S. 1889 would amend the Alaska Native Claims Settlement Act
of 1971 (ANCSA) to authorize Alaska Native residents of five
Southeast Alaska communities (Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell) to form urban corporations. The
legislation directs conveyance of specifically identified
surface estate lands within the Tongass National Forest in the
amount of 23,040 acres to each corporation, totaling
approximately 115,202 acres. The bill directs conveyance of
subsurface estate of these parcels to the Sealaska Regional
Native Corporation.
The proposed conveyance of 23,040 acres to each new
corporation conforms with the acreage provided to the ten
Southeast Alaska communities that were recognized and
determined to be eligible under ANCSA. Unlike ANCSA, S.1889
does not require that the selected acres include the township
in which all or part of the community is located, nor that it
be contiguous and in reasonably compact tracts. The selected
NFS lands are in 61 named parcels, including some that are
split into distinct parts or include adjacent islands. The
parcels range in size from 17 to 9,092 acres and are located
across seven Forest Service Ranger Districts. All parcels
contain old growth and cumulatively approximately 80,000 acres,
or 69% of the proposed conveyance, are considered productive
old growth. Nearly all the parcels contain inventoried roadless
acres and 52% of the cumulative acres proposed for conveyance
are roadless.
Background
The Alaska Native Claims Settlement Act effected a final
settlement of the aboriginal claims in Alaska through payment
of $962.5 million and conveyances of more than 44 million acres
of Federal land. There was a distinction made in ANCSA between
the villages in the southeast and those located elsewhere.
Prior to the passage of ANCSA, Alaska Natives in the southeast
received payments from the United States pursuant to court
cases in the 1950s and late 1960s, for the taking of their
aboriginal lands. Because Alaska Natives in the Sealaska region
benefitted from an additional cash settlement under ANCSA, the
eligible communities received less acreage than their
counterparts elsewhere in Alaska. Congress named the villages
in the southeast that were to be recognized in ANCSA. The
communities of Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell--the five communities addressed in S.1889--were not
among those listed.
Alaska Natives living in the five communities applied to
receive benefits under ANCSA and were subsequently determined
to be ineligible. Three of the five appealed their status and
were denied. Notwithstanding the determination of ineligibility
of some communities for corporate status under ANCSA at the
time, Alaska Natives in these five communities were enrolled as
at-large shareholders in the Sealaska Corporation. The enrolled
members of the five communities comprise more than 20 percent
of the enrolled membership of the Sealaska Corporation.
Analysis of identified conveyance of public lands from the
Tongass National Forest lands
Due to the high value of these lands for multiple uses on
the National Forest, the Forest Service has concerns that the
currently proposed conveyance of lands will affect the ability
of the Forest Service to implement the stated goals of the
Tongass National Forest Land and Resource Management Plan
across program areas, including meeting current timber harvest
goals and the transition to young growth timber harvest. Many
of the parcels identified for conveyance are in areas where
subsistence hunting and fishing occurs. Because the lands
conveyed under this Bill would no longer be ``public'' lands
and thus would no longer fall under the Federal Subsistence
Regulations, subsistence hunting and fishing would no longer be
managed by the federal government under the Federal Subsistence
Management Program, which Congress established in Title VIII of
the Alaska National Interest Lands Conservation Act. Thus,
these lands would provide subsistence opportunities to a
narrower community of users.
Summary
USDA recognizes the special relationship that Alaska
Natives have to the lands of southeast Alaska, which are the
homelands of the Tlingit, Haida, and Tsimshian people. We
acknowledge important customary, traditional, and current uses
of the Tongass National Forest and the contributions of the
land and resources to the social and economic well-being of the
region's communities. Through joint Secretarial Order on
Fulfilling the Trust Responsibility to Indian Tribes in the
Stewardship of Federal Lands and Waters (SO 3403), USDA
recognizes that it is the policy of the United States to
restore Tribal homelands to Tribal ownership and to promote
Tribal stewardship and Tribal self-government. In keeping with
the joint Secretarial Order, the Forest Service is entering
into co-stewardship agreements with Tribes in Alaska and across
the United States. We look forward to discussing with the
Subcommittee and sponsor of the bill the legislation's impact
on the Tongass National Forest's program of work as well as
opportunities to promote Tribal and/or indigenous stewardship
of our federal lands and waters, consistent with the Joint
Secretarial Order.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1889, as ordered reported, are shown 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 NATIVE CLAIMS SETTLEMENT
ACT
Public Law 92-203
AN ACT To provide for the settlement of certain land claims of Alaska
Natives, and for other purposes
* * * * * * *
REGIONAL CORPORATIONS
Sec. 7. (a) For purposes of this Act, * * * the Native
associations involved.
* * * * * * *
[(j) During] (j) Distribution of Corporate Funds and Other
Net Income._
(1) In general._During the five years following the
enactment of this Act, not less than 10% of all
corporate funds received by each of the twelve Regional
Corporations under section 6 (Alaska Native Fund), and
under subsection (i) (revenues from the timber
resources and subsurface estate patented to it pursuant
to this Act), and all other net income, shall be
distributed among the stockholders of the twelve
Regional Corporations.
[Not less] (2) Minimum allocation._Not less than 45%
of funds from such sources during the first five-year
period, and 50% thereafter, shall be distributed among
the Village Corporations in the region and the class of
stockholders who are not residents of those villages,
as provided in subsection to it.
[In the case] (3) Thirteenth regional corporation._In
the case of the thirteenth Regional Corporation, if
organized, not less than 50% of all corporate funds
received under section 6 shall be distributed to the
stockholders.
(4) Native villages of haines, ketchikan, petersburg,
tenakee, and wrangell._Native members of the Native
Villages of Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell who become shareholders in an Urban
Corporation for such a Native Village shall continue to
be eligible to receive distributions under this
subsection as at-large shareholders of the Regional
Corporation for Southeast Alaska.
(k) Funds distributed among the Village Corporations shall
be divided among them according to the ratio that the number of
shares of stock registered on the books of the Regional
Corporation in the names of residents of each village bears to
the number of shares of stock registered in the names of
residents in all villages.
(l) Funds distributed to a Village Corporation may be
withheld until the village has submitted a plan for the use of
the money that is satisfactory to the Regional Corporation. The
Regional Corporation may require a village plan to provide for
joint ventures with other villages, and for joint financing of
projects undertaken by the Regional Corporation that will
benefit the region generally. In the event of disagreement over
the provisions of the plan, the issues in disagreement shall be
submitted to arbitration, as shall be provided for in the
articles of incorporation of the Regional Corporation.
(m) When funds are distributed among Village Corporations
in a region, an amount computed as follows shall be distributed
as dividends to the class of stockholders who are not residents
of those villages: The amount distributed as dividends shall
bear the same ratio to the amount distributed among the Village
Corporations that the number of shares of stock registered on
the books of the Regional Corporation in the names of
nonresidents of villages bears to the number of shares of stock
registered in the names of village residents: Provided, That an
equitable portion of the amount distributed as dividends may be
withheld and combined with Village Corporation funds to finance
projects that will benefit the region generally.
(n) The Regional Corporation may undertake on behalf of one
or more of the Village Corporations in the region any project
authorized and financed by them.
(o) The accounts of the Regional Corporation shall be
audited annually in accordance with generally accepted auditing
standards by independent certified public accountants or
independent licensed public accountants, certified or licensed
by a regulatory authority of the State or the United States.
The audits shall be conducted at the place or places where the
accounts of the Regional Corporation are normally kept. All
books, accounts, financial records, reports, files, and other
papers, things, or property belonging to or in use by the
Regional Corporation and necessary to facilitate the audits
shall be available to the person or persons conducting the
audits; and full facilities for verifying transactions with the
balances or securities held by depositories, fiscal agent, and
custodians shall be afforded to such person or persons. Each
audit report or a fair and reasonably detailed summary thereof
shall be transmitted to each stockholder.
(p) In the event of any conflict between the provisions of
this section and the laws of the State of Alaska, the
provisions of this section shall prevail.
(q) Two or more Regional Corporations may contract with the
same business management group for investment services and
advice regarding the investment of corporate funds.
(r) The authority of a Native Corporation to provide
benefits to its shareholders who are Natives or descendants of
Natives or to its shareholders' immediate family members who
are Natives or descendants of Natives to promote the health,
education, or welfare of such shareholders or family members is
expressly authorized and confirmed. Eligibility for such
benefits need not be based on share ownership in the Native
Corporation and such benefits may be provided on a basis other
than pro rata based on share ownership.
(s) Effect of Amendatory Act.--The Unrecognized Southeast
Alaska Native Communities Recognition and Compensation Act and
the amendments made by that Act shall not affect--
(1) the ratio for determination of revenue
distribution among Native Corporations under this
section; or
(2) the settlement agreement among Regional
Corporations or Village Corporations or other
provisions of subsection (i) or (j).
VILLAGE CORPORATIONS
Sec. 8. (a) The Native residents of each Native village
entitled to receive lands and benefits under this Act shall
organize as a business for profit or nonprofit corporation
under the laws of the State before the Native village may
receive patent to lands or benefits under this Act, except as
otherwise provided.
(b) The initial articles of incorporation for each Village
Corporation shall be subject to the approval of the Regional
Corporation for the region in which the village is located.
Amendments to the articles of incorporation and the annual
budgets of the Village Corporations shall, for a period of five
years, be subject to review and approval by the Regional
Corporation. The Regional Corporation shall assist and advise
Native villages in the preparation of articles of incorporation
and other documents necessary to meet the requirements of this
subsection.
(c) The provisions of subsections (g), (h) (other than
paragraph (4)), and (o) of section 7 shall apply in all
respects to Village Corporations, Urban Corporations, and Group
Corporations.
(d) Native Villages of Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell.--
(1) In general.--The Secretary shall enroll to each
of the Urban Corporations for Haines, Ketchikan,
Petersburg, Tenakee, or Wrangell those individual
Natives who enrolled under this Act to the Native
Villages of Haines, Ketchikan, Petersburg, Tenakee, or
Wrangell, respectively.
(2) Number of shares.--Each Native who is enrolled to
an Urban Corporation for Haines, Ketchikan, Petersburg,
Tenakee, or Wrangell pursuant to paragraph (1) and who
was enrolled as a shareholder of the Regional
Corporation for Southeast Alaska shall receive 100
shares of Settlement Common Stock in the respective
Urban Corporation.
(3) Natives receiving shares through inheritance.--If
a Native received shares of stock in the Regional
Corporation for Southeast Alaska through inheritance
from a decedent Native who originally enrolled to the
Native Village of Haines, Ketchikan, Petersburg,
Tenakee, or Wrangell and the decedent Native was not a
shareholder in a Village Corporation or Urban
Corporation, the Native shall receive the identical
number of shares of Settlement Common Stock in the
Urban Corporation for Haines, Ketchikan, Petersburg,
Tenakee, or Wrangell as the number of shares inherited
by that Native from the decedent Native who would have
been eligible to be enrolled to the respective Urban
Corporation.
(4) Effect on entitlement to land.--Nothing in this
subsection affects any previous or future allocation of
acreage to any Regional Corporation pursuant to section
12(b) or 14(h)(8).
* * * * * * *
THE TLINGIT-HAIDA SETTLEMENT
Sec. 16. (a) All public lands in each township * * * are
hereby withdrawn * * * from selection under the Alaska
Statehood Act, as amended:
* * * * * * *
(e) Native Villages of Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell, Alaska.--
(1) In general.--The Native residents of each of the
Native Villages of Haines, Ketchikan, Petersburg,
Tenakee, and Wrangell, Alaska, may organize as Urban
Corporations.
(2) Effect on entitlement to land.--Nothing in this
subsection affects any entitlement to land of any
Native Corporation established before the date of
enactment of this subsection pursuant to this Act or
any other provision of law.
* * * * * * *
SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERS-
BURG, TENAKEE, AND WRANGELL.
(a) Definition of Urban Corporation.--In this section, the
term ``Urban Corporation'' means each of the Urban Corporations
for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.
(b) Conveyances of Land.--
(1) Authorization.--
(A) Conveyances to urban corporations.--
Subject to valid existing rights and paragraphs
(3), (4), (5), and (6), the Secretary shall
convey--
(i) to the Urban Corporation for
Haines, the surface estate in parcels
of Federal land comprising
approximately 23,040 acres, as
generally depicted on the maps entitled
``Haines Selections'', numbered 1 and
2, and dated April 19, 2023;
(ii) to the Urban Corporation for
Ketchikan, the surface estate in
parcels of Federal land comprising
approximately 23,040 acres, as
generally depicted on the maps entitled
``Ketchikan Selections'', numbered 1
through 4, and dated April 19, 2023;
(iii) to the Urban Corporation for
Petersburg, the surface estate in
parcels of Federal land comprising
approximately 23,040 acres, as
generally depicted on the maps entitled
``Petersburg Selections'', numbered 1
through 3, and dated April 19, 2023;
(iv) to the Urban Corporation for
Tenakee, the surface estate in parcels
of Federal land comprising
approximately 23,040 acres, as
generally depicted on the maps entitled
``Tenakee Selections'', numbered 1
through 3, and dated April 19, 2023;
and
(v) to the Urban Corporation for
Wrangell, the surface estate in parcels
of Federal land comprising
approximately 23,040 acres, as
generally depicted on the maps entitled
``Wrangell Selections'', numbered 1
through 5, and dated April 19, 2023.
(B) Conveyances to regional corporation for
southeast alaska.--Subject to valid existing
rights, on the applicable date on which the
surface estate in land is conveyed to an Urban
Corporation under subparagraph (A), the
Secretary shall convey to the Regional
Corporation for Southeast Alaska the subsurface
estate for that land.
(C) Congressional intent.--
(i) In general.--Subject to clause
(ii), it is the intent of Congress that
the Secretary complete the interim
conveyance of the surface estate in
land to an Urban Corporation under
subparagraph (A) not later than the
date that is 2 years after the
applicable date of incorporation of the
Urban Corporation under section
16(e)(1).
(ii) Exception.--As the Secretary
determines to be necessary, the
Secretary may extend the 2-year
deadline established by clause (i) by
not more than 1 year for any individual
parcel of land to allow for the
conclusion of any pending appeal of a
public easement decision for the
applicable parcel pursuant to section
17(b), subject to the requirement that
the final conveyance of the surface
estate with respect to the applicable
parcel shall be completed as soon as
practicable after the date on which the
appeal is concluded.
(D) Finalization of entitlement.--
(i) In general.--The conveyances
under subparagraph (A) shall be
considered to be the full and final
satisfaction of the entitlement of the
southeastern Alaska communities of
Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell under this Act,
notwithstanding whether the surveyed
acreage of the parcels of land
described in clauses (i) through (v) of
that subparagraph is less than or more
than 23,040 acres in the case of each
Urban Corporation, subject to the
requirement that the surveyed acreage
shall be not less than 23,020 acres and
not more than 23,060 acres.
(ii) Adjustments.--If the total
surveyed acreage of land conveyed to an
Urban Corporation under subparagraph
(A) is less than 23,020 acres or more
than 23,060 acres, the Secretary, the
Secretary of Agriculture, and the Urban
Corporation shall negotiate in good
faith to make a mutually agreeable
adjustment to the parcels of Federal
land described in clauses (i) through
(v) of subparagraph (A) to ensure that
not less than and not more than 23,040
acres of land is conveyed to the Urban
Corporation.
(2) Withdrawal.--
(A) In general.--Subject to valid existing
rights, the Federal land described in paragraph
(1) is withdrawn from all forms of--
(i) entry, appropriation, or disposal
under the public land laws;
(ii) location, entry, and patent
under the mining laws; and
(iii) disposition under all laws
pertaining to mineral and geothermal
leasing or mineral materials.
(B) Termination.--The withdrawal under
subparagraph (A) shall remain in effect until
the date on which the Federal land is conveyed
under paragraph (1).
(3) Treatment of land conveyed.--Except as otherwise
provided in this section, any land conveyed to an Urban
Corporation under paragraph (1)(A) shall be--
(A) considered to be land conveyed by the
Secretary under section 14(h)(3); and
(B) subject to all laws (including
regulations) applicable to entitlements under
section 14(h)(3), including section 907(d) of
the Alaska National Interest Lands Conservation
Act (43 U.S.C. 1636(d)).
(4) Public easements.--
(A) In general.--Subject to subparagraph (C),
the conveyance and patents for the land under
paragraph (1)(A) shall be subject to the
reservation before the conveyance of public
easements under section 17(b).
(B) Termination.--No public easement reserved
on land conveyed under paragraph (1)(A) shall
be terminated by the Secretary without
publication of notice of the proposed
termination in the Federal Register.
(C) Reservation of easements.--In the
conveyance and patent for any parcel of land
under paragraph (1)(A) for which the easement
reservation process has not been completed by
the date that is 2 years after the applicable
date of incorporation of the Urban Corporation
under section 16(e)(1), or, in the case of an
appeal of a public easement under section
17(b), by the date that is 3 years after the
applicable date of incorporation, the Secretary
shall--
(i) convey the parcel of land; and
(ii) as part of the conveyance and
patent for the parcel of land under
clause (i), reserve the right of the
Secretary to amend the conveyance and
patent to include reservations of
public easements under section 17(b)
until the date of completion of the
easement reservation process.
(D) State of alaska easements.--Nothing in
this Act modifies, changes, or terminates the
rights-of-way granted to the State under--
(i) section 4407 of the SAFETEA-LU
(Public Law 109-59; 119 Stat. 1777);
(ii) the 2006 memorandum of
understanding between the State and the
Forest Service to implement that
section.
(5) Hunting, fishing, recreation, and access.--
(A) In general.--Any land conveyed under
paragraph (1)(A), including access to the land
through roadways, trails, and forest roads,
shall remain open and available to subsistence
uses, noncommercial recreational hunting and
fishing, and other noncommercial recreational
uses by the public under applicable law--
(i) without liability on the part of
the Urban Corporation, except for
willful acts of the Urban Corporation,
to any user as a result of the use; and
(ii) subject to--
(I) any reasonable
restrictions that may be
imposed by the Urban
Corporation on the public use--
(aa) to ensure public
safety;
(bb) to minimize
conflicts between
recreational and
commercial uses;
(cc) to protect
cultural resources;
(dd) to conduct
scientific research; or
(ee) to provide
environmental
protection; and
(II) the condition that the
Urban Corporation post on any
applicable property, in
accordance with State law,
notices of the restrictions on
use.
(B) Effect.--Access provided to any
individual or entity under subparagraph (A)
shall not--
(i) create an interest in any third
party in the land conveyed under
paragraph (1)(A); or
(ii) provide standing to any third
party in any review of, or challenge
to, any determination by the Urban
Corporation with respect to the
management or development of the land
conveyed under paragraph (1)(A), except
as against the Urban Corporation for
the management of public access under
subparagraph (A).
(6) Miscellaneous.--
(A) Special use authorization.--
(i) In general.--On the conveyance of
land to an Urban Corporation under
paragraph (1)(A)--
(I) any guiding or outfitting
special use authorization
issued by the Forest Service
for the use of the conveyed
land shall terminate; and
(II) as a condition of the
conveyance and consistent with
section 14(g), the Urban
Corporation shall issue the
holder of the special use
authorization terminated under
sub-clause (I) an authorization
to continue the authorized use,
subject to the terms and
conditions that were in the
special use authorization
issued by the Forest Service,
for--
(aa) the remainder of
the term of the
authorization; and
(bb) 1 additional
consecutive 10-year
renewal period.
(ii) Notice of commercial
activities.--The Urban Corporation, and
any holder of a guiding or outfitting
authorization under this subparagraph,
shall have a mutual obligation, subject
to the guiding or outfitting
authorization, to inform the other
party of any commercial activities
prior to engaging in the activities on
the land conveyed to the Urban
Corporation under paragraph (1)(A).
(iii) Negotiation of new terms.--
Nothing in this paragraph precludes the
Urban Corporation and the holder of a
guiding or outfitting authorization
from negotiating a new mutually
agreeable guiding or outfitting
authorization.
(iv) Liability.--Neither the Urban
Corporation nor the United States shall
bear any liability, except for willful
acts of the Urban Corporation or the
United States, regarding the use and
occupancy of any land conveyed to the
Urban Corporation under paragraph
(1)(A), as provided in any outfitting
or guiding authorization under this
paragraph.
(B) Mutual use agreement for roads and
facilities.--
(i) In general.--The Secretary of
Agriculture shall seek to enter into a
binding mutual use agreement for--
(I) the use of National
Forest System roads and related
transportation facilities
(including marine access
facilities, log transfer
facilities, sort yards, and
associated log rafting and
storage areas) in the Tongass
National Forest by the Urban
Corporation and designees of
the Urban Corporation; and
(II) the use of the roads and
related transportation
facilities (including marine
access facilities, log transfer
facilities, sort yards, and
associated log rafting and
storage areas) of the Urban
Corporation by the Forest
Service and designees of the
Forest 8 Service.
(ii) Terms and conditions.--The
binding mutual use agreement under
clause (i)--
(I) shall provide that the
use of road and transportation
facilities infrastructure by a
third party shall not begin
until the date on which the
third party signs a mutual use
agreement entered into with the
Urban Corporation;
(II) shall provide that the
State (including entities and
designees of the State) shall
be authorized to use the roads
and related transportation
facilities of the Urban
Corporation on substantially
similar terms as are provided
by the Urban Corporation to the
Forest Service;
(III) shall include
restrictions on, and fees for,
the use of the National Forest
System roads and related
transportation facilities in
existence as of the date of
enactment of this section, as
necessary, that are reasonable
and comparable to the
restrictions and fees imposed
by the Forest Service for the
use of the roads and related
transportation facilities;
(IV) shall not restrict or
limit any access to the roads
and related transportation
facilities of the Urban
Corporation or the Forest
Service that may be otherwise
provided by valid existing
rights and agreements in
existence as of the date of
enactment of this section; and
(V) shall provide for
periodic updates to the mutual
use agreement if the terms and
conditions of the updated
mutual use agreement are
consistent with the terms and
conditions described in
subclauses (I) through (IV).
(iii) Intent of congress.--It is the
intent of Congress that the mutual use
agreement under clause (i) shall be
entered into as soon as practicable
after the date of enactment of this
section and in any case by not later
than 1 year after the date of
incorporation of the Urban Corporation.
(iv) Continued access.--Beginning on
the date on which the land is conveyed
to the Urban Corporation under
paragraph (1)(A) and ending on the
effective date of a binding mutual use
agreement entered into under clause
(i), the Urban Corporation shall
provide and allow administrative access
to roads and related transportation
facilities on the land under
substantially similar terms as are
provided by the Forest Service as of
the date of enactment of this section.
(C) Effect on other laws.--
(i) In general.--Nothing in this
section delays the duty of the
Secretary to convey land to--
(I) the State under Public
Law 85-508 (commonly known as
the `Alaska Statehood Act') (48
U.S.C. note prec. 21); or
(II) a Native Corporation
under--
(aa) this Act; or
(bb) the Alaska Land
Transfer Acceleration
Act (43 U.S.C. 1611
note; Public Law 108-
452).
(ii) Statehood entitlement.--
(I) In general.--Statehood
selections under Public Law 85-
508 (commonly known as the
`Alaska Statehood Act') (48
U.S.C. note prec. 21) are not
displaced by the parcels of
land described in clauses (i)
through (v) of paragraph
(1)(A).
(II) Boundary adjustments.--
In the event of a dispute
between an area selected as a
Statehood selection and a
parcel of land referred to in
subclause (I), the Secretary
shall work with the Urban
Corporation and the State in
good faith to adjust the
boundary of the parcel to
exclude any area selected as a
Statehood selection.
(iii) Conveyances.--The Secretary
shall promptly proceed with the
conveyance of all land necessary to
fulfill the final entitlement of all
Native Corporations in accordance
with--
(I) this Act; and
(II) the Alaska Land Transfer
Acceleration Act (43 U.S.C.
1611 note; Public Law 108-452).
(iv) Fish and wildlife.--Nothing in
this section enlarges or diminishes the
responsibility and authority of the
State with respect to the management of
fish and wildlife on public land in the
State.
(D) Maps.--
(i) Availability.--Each map referred
to in paragraph (1)(A) shall be
available in the appropriate offices of
the Secretary and the Secretary of
Agriculture.
(ii) Corrections.--The Secretary, in
consultation with the Secretary of
Agriculture, may make any necessary
correction to a clerical or
typographical error in a map referred
to in paragraph (1)(A).
(7) Escrow funds.--Beginning on the date of enactment
of this section, the escrow requirements of section 2
of Public Law 94-204 (43 U.S.C. 1613 note) shall apply
to proceeds (including interest) derived from the land
withdrawn under paragraph (2).
(c) Conveyance of Roads, Trails, Log Transfer Facilities,
Leases, and Appurtenances.--
(1) In general.--The land conveyed to an Urban
Corporation under subsection (b)(1)(A) shall include
all right, title, and interest of the United States in
all roads, trails, log transfer facilities, leases, and
appurtenances on or related to the land conveyed to the
Urban Corporation.
(2) Conditions.--The land conveyed to an Urban
Corporation under subsection (b)(1)(A) shall be subject
to all valid existing rights in accordance with section
14(g), including any reciprocal rights-of-way,
easements, or agreements for the use of the roads,
trails, log transfer facilities, leases, and
appurtenances conveyed under subsection (b)(1)(A).
(3) Continuation of agreements.--
(A) In general.--On or before the date on
which land is conveyed to an Urban Corporation
under subsection (b)(1)(A), the Secretary shall
provide to the Urban Corporation notice of all
reciprocal rights-of-way, easements, and
agreements for use of the roads, trails, log
transfer facilities, leases, and appurtenances
on or related to the land in existence as of
the date of enactment of this section.
(B) Requirement.--In accordance with section
14(g), any right-of-way, easement, or agreement
described in subparagraph (A) shall continue
unless the right-of-way, easement, or
agreement--
(i) expires under its own terms; or
(ii) is mutually renegotiated.
(d) Settlement Trust.--
(1) In general.--Each Urban Corporation may establish
a settlement trust in accordance with section 39 for
the purposes of promoting the health, education, and
welfare of the trust beneficiaries, and preserving the
Native heritage and culture, of the community of
Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, as
applicable.
(2) Proceeds and income.--The proceeds and income
from the principal of a trust established under
paragraph (1) shall--
(A) first be applied to the support of those
enrollees, and the descendants of the
enrollees, who are elders or minor children;
and
(B) thereafter to the support of all other
enrollees.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $12,500,000, to be used by
the Secretary to provide 5 grants in the amount of $2,500,000
each, to be used only for activities that support the
implementation of this section, including planning and
development.
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