[106th Congress Public Law 283]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ283.106]
[[Page 114 STAT. 867]]
Public Law 106-283
106th Congress
An Act
To amend the Alaska Native Claims Settlement Act to provide for a land
exchange between the Secretary of Agriculture and the Kake Tribal
Corporation, and for other purposes <<NOTE: Oct. 6, 2000 - [S. 430]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Kake Tribal Corporation
Land Transfer Act.>> assembled,
SECTION 1. <<NOTE: 43 USC 1601 note.>> SHORT TITLE.
This Act may be cited as the ``Kake Tribal Corporation Land Transfer
Act''.
SEC. 2. <<NOTE: 43 USC 1629h note.>> DECLARATION OF PURPOSE.
The purpose of this Act is to authorize the reallocation of lands
and selection rights between the State of Alaska, Kake Tribal
Corporation, and the City of Kake, Alaska, in order to provide for the
protection and management of the municipal watershed.
SEC. 3. AMENDMENT OF ALASKA NATIVE CLAIMS SETTLEMENT ACT.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 note) is
amended by adding at the end the following new section:
``kake tribal corporation land transfer
``Sec. 42. <<NOTE: 43 USC 1629h.>> (a) In General.--If--
``(1) the State of Alaska relinquishes its selection rights
under the Alaska Statehood Act (Public Law 85-508) to lands
described in subsection (c)(2) of this section; and
``(2) Kake Tribal Corporation and Sealaska Corporation
convey all right, title, and interest to lands described in
subsection (c)(1) to the City of Kake, Alaska,
then <<NOTE: Deadline.>> the Secretary of Agriculture (hereinafter
referred to as `Secretary') shall, not later than 180 days thereafter,
convey to Kake Tribal Corporation title to the surface estate in the
land identified in subsection (c)(2) of this section, and convey to
Sealaska Corporation title to the subsurface estate in such land.
``(b) Effect on Selection Totals.--(1) Of the lands to which the
State of Alaska relinquishes selection rights and which are conveyed to
the City of Kake pursuant to subsection (a), 694.5 acres shall be
charged against lands to be selected by the State of Alaska under
section 6(a) of the Alaska Statehood Act and 694.5 acres against lands
to be selected by the State of Alaska under section 6(b) of the Alaska
Statehood Act.
``(2) The land conveyed to Kake Tribal Corporation and to Sealaska
Corporation under this section is, for all purposes, considered to be
land conveyed under this Act. However, the conveyance of such land to
Kake Tribal Corporation shall not count against
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or otherwise affect the Corporation's remaining entitlement under
section 16(b).
``(c) Lands Subject to Exchange.--(1) The lands to be transferred to
the City of Kake under subsection (a) are the surface and subsurface
estate to approximately 1,430 acres of land owned by Kake Tribal
Corporation and Sealaska Corporation, and depicted as `KTC Land to City
of Kake' on the map entitled `Kake Land Exchange-2000', dated May 2000.
``(2) The lands subject to relinquishment by the State of Alaska and
to conveyance to Kake Tribal Corporation and Sealaska Corporation under
subsection (a) are the surface and subsurface estate to approximately
1,389 acres of Federal lands depicted as `Jenny Creek-Land Selected by
the State of Alaska to KTC' on the map entitled `Kake Land Exchange-
2000', dated May 2000.
``(3) In addition to the transfers authorized under subsection (a),
the Secretary may acquire from Sealaska Corporation the subsurface
estate to approximately 1,127 acres of land depicted as `KTC Land-
Conservation Easement to SEAL Trust' on the map entitled `Kake Land
Exchange-2000', dated May 2000, through a land exchange for the
subsurface estate to approximately 1,168 acres of Federal land in
southeast Alaska that is under the administrative jurisdiction of the
Secretary. Any exchange under this paragraph shall be subject to the
mutual consent of the United States Forest Service and Sealaska
Corporation.
``(d) Withdrawal.--Subject to valid existing rights, the lands
described in subsection (c)(2) are withdrawn from all forms of location,
entry, and selection under the mining and public land laws of the United
States and from leasing under the mineral and geothermal leasing
laws. <<NOTE: Expiration date.>> This withdrawal expires 18 months after
the effective date of this section.
``(e) Maps.--The maps referred to in this Act shall be maintained on
file in the Office of the Chief, United States Forest Service, the
Office of the Secretary of the Interior, and the Office of the
Petersburg Ranger District, Alaska.
``(f) Watershed Management.--The United States Forest Service may
cooperate with Kake Tribal Corporation and the City of Kake in
developing a watershed management plan that provides for the protection
of the watershed in the public interest. Grants may be made, and
contracts and cooperative agreements may be entered into, to the extent
necessary to assist the City of Kake and Kake Tribal Corporation in the
preparation and implementation of a watershed management plan for the
land within the City of Kake's municipal watershed.
``(g) Effective Date.--This section is effective upon the execution
of one or more conservation easements that, subject to valid existing
rights of third parties--
``(1) encumber all lands depicted as `KTC Land to City of
Kake' and `KTC Land-Conservation Easement to SEAL Trust' on a
map entitled `Kake Land Exchange-2000' dated May 2000;
``(2) provide for the relinquishment by Kake Tribal
Corporation of the Corporation's development rights on lands
described in paragraph (1); and
``(3) provide for perpetual protection and management of
lands depicted as `KTC Land to City of Kake' and `KTC Land-
Conservation Easement to SEAL Trust' on the map described in
paragraph (1) as--
``(A) a watershed;
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``(B) a municipal drinking water source in
accordance with the laws of the State of Alaska;
``(C) a source of fresh water for the Gunnuk Creek
Hatchery; and
``(D) habitat for black bear, deer, birds, and other
wildlife.
``(h) Timber Manufacturing; Export Restriction.--Notwithstanding any
other provision of law, timber harvested from lands conveyed to Kake
Tribal Corporation under this section shall not be available for export
as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell,
trade, exchange, substitute, or otherwise convey such timber to any
person for the purpose of exporting that timber from the State of
Alaska.
``(i) Authorization of Appropriations.--There are authorized such
sums as may be necessary to carry out this Act, including to compensate
Kake Tribal Corporation for relinquishing its development rights
pursuant to subsection (g)(2) and to provide assistance to Kake Tribal
Corporation to meet the requirements of subsection (h). No funds
authorized under this section may be paid to Kake Tribal Corporation
unless Kake Tribal Corporation is a party to the conservation easements
described in subsection (g).''.
Approved October 6, 2000.
LEGISLATIVE HISTORY--S. 430:
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HOUSE REPORTS: No. 106-489 (Comm. on Resources).
SENATE REPORTS: No. 106-31 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Apr. 19, considered and passed
Senate.
Vol. 146 (2000):
May 22, considered and passed House,
amended.
Sept. 22, Senate concurred in House
amendment.
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