S 730
112th CONGRESS
1st Session
S. 730
To provide for the settlement of certain claims under the Alaska
Native Claims Settlement Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 5, 2011
Ms. MURKOWSKI (for herself and Mr. BEGICH) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
A BILL
To provide for the settlement of certain claims under the Alaska
Native Claims Settlement Act, 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. SHORT TITLE.
This Act may be cited as the `Southeast Alaska Native Land Entitlement
Finalization and Jobs Protection Act'.
SEC. 2. DEFINITIONS.
(1) CONSERVATION SYSTEM UNIT- The term `conservation system unit'
has the meaning given the term in section 102 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3102).
(2) LAND USE DESIGNATION II- The term `Land Use Designation II' has
the meaning described in title V of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 539 et seq.), as further amended by section
201 of the Tongass Timber Reform Act of 1990 (Public Law 101-626).
(3) SEALASKA- The term `Sealaska' means the Sealaska Corporation,
a Regional Native Corporation created under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
SEC. 3. SELECTIONS IN SOUTHEAST ALASKA.
(a) Selection by Sealaska-
(1) IN GENERAL- Notwithstanding section 14(h)(8) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(8)), Sealaska is authorized
to select and receive conveyance of the remaining land entitlement
of Sealaska under that Act (43 U.S.C. 1601 et seq.) from Federal land
located in southeast Alaska from each category described in subsections
(b) and (c).
(2) TREATMENT OF LAND CONVEYED- Land conveyed pursuant to this Act
is to be treated as land conveyed pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) subject to, but not limited
to--
(A) reservation of public easements across land pursuant to section
17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b));
(B) valid existing rights pursuant to section 14(g) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613(g)); and
(C) the land bank protections of section 907(d) of the Alaska National
Interest Lands Conservation Act (43 U.S.C. 1636(d)).
(b) Withdrawal of Land- The following public land is withdrawn, subject
to valid existing rights, from all forms of appropriation under public
land laws, including the mining and mineral leasing laws, and from selection
under the Act of July 7, 1958 (commonly known as the `Alaska Statehood
Act') (48 U.S.C. note prec. 21; Public Law 85-508), and shall be available
for selection by, and conveyance to, Sealaska to complete the remaining
land entitlement of Sealaska under section 14(h)(8) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(8)):
(1) Land identified on the maps dated February 1, 2011, and labeled
`Attachment A (Maps 1 through 8)'.
(2) Sites with traditional, recreational, and renewable energy use
value, as identified on the map entitled `Sites with Traditional,
Recreational, and Renewable Energy Use Value', dated February 1, 2011,
and labeled `Attachment D', subject to the condition that not more
than 5,000 acres shall be selected for those purposes.
(3) Sites identified on the map entitled `Traditional and Customary
Trade and Migration Routes', dated February 1, 2011, and labeled `Attachment
C', which includes an identification of--
(A) a conveyance of land 25 feet in width, together with 1-acre
sites at each terminus and at 8 locations along the route, with
the route, location, and boundaries of the conveyance described
on the map inset entitled `Yakutat to Dry Bay Trade and Migration
Route' on the map entitled `Traditional and Customary Trade and
Migration Routes', dated February 1, 2011, and labeled `Attachment
C';
(B) a conveyance of land 25 feet in width, together with 1-acre
sites at each terminus, with the route, location, and boundaries
of the conveyance described on the map inset entitled `Bay of Pillars
to Port Camden Trade and Migration Route' on the map entitled `Traditional
and Customary Trade and Migration Routes', dated February 1, 2011,
and labeled `Attachment C'; and
(C) a conveyance of land 25 feet in width, together with 1-acre
sites at each terminus, with the route, location, and boundaries
of the conveyance described on the map inset entitled `Portage Bay
to Duncan Canal Trade and Migration Route' on the map entitled `Traditional
and Customary Trade and Migration Routes', dated February 1, 2011,
and labeled `Attachment C'.
(c) Sites With Sacred, Cultural, Traditional, or Historic Significance-
Subject to the criteria and procedures applicable to land selected pursuant
to section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(1)) and set forth in the regulations promulgated at section
2653.5 of title 43, Code of Federal Regulations (as in effect on the
date of enactment of this Act), except as otherwise provided in this
Act--
(1) Sealaska shall have a right to identify up to 3,600 acres of sites
with sacred, cultural, traditional, or historic significance, including
archeological sites, cultural landscapes, and natural features having
cultural significance; and
(2) on identification of the land by Sealaska under paragraph (1),
the identified land shall be--
(A) withdrawn, subject to valid existing rights, from all forms
of appropriation under public land laws, including the mining and
mineral leasing laws, and from selection under the Act of July 7,
1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note
prec. 21; Public Law 85-508); and
(B) available for selection by, and conveyance to, Sealaska to complete
the remaining land entitlement of Sealaska under section 14(h)(8)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)),
subject to the conditions that--
(i) no sites with sacred, cultural, traditional, or historic significance
may be selected from within a unit of the National Park System;
and
(ii) beginning on the date that is 15 years after the date of
enactment of this Act, Sealaska shall be limited to identifying
not more than 360 acres of sites with sacred, cultural, traditional,
or historic significance under this subsection.
(d) Forest Development Roads- Sealaska shall receive from the United
States, subject to such reasonable terms and conditions as the Forest
Service may impose, nonexclusive easements to Sealaska to allow--
(1) access on the forest development road and use of the log transfer
site identified in paragraphs (3)(b), (3)(c), and (3)(d) of the patent
numbered 50-85-0112 and dated January 4, 1985;
(2) access on the forest development road identified in paragraphs
(2)(a) and (2)(b) of the patent numbered 50-92-0203 and dated February
24, 1992;
(3) access on the forest development road identified in paragraph
(2)(a) of the patent numbered 50-94-0046 and dated December 17, 1993;
(4) access on the forest development roads and use of the log transfer
facilities identified on the maps dated February 1, 2011, and labeled
`Attachment A (Maps 1 through 8)';
(5) a reservation of a right to construct a new road to connect to
existing forest development roads, as generally identified on the
maps described in paragraph (4); and
(6) access to, and reservation of a right to, construct a new log
transfer facility and log storage area at the location identified
on the maps described in paragraph (4).
SEC. 4. CONVEYANCES TO SEALASKA.
(a) Timeline for Conveyance-
(1) IN GENERAL- Subject to paragraphs (2), (3), and (4), the Secretary
shall work with Sealaska to develop a mutually agreeable schedule
to complete the conveyance of land to Sealaska under this Act.
(2) FINAL PRIORITIES- Consistent with the provisions of section 403
of the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note;
Public Law 108-452), not later than 18 months after the date of enactment
of this Act, Sealaska shall submit to the Secretary the final, irrevocable
priorities for selection of land withdrawn under section 3(b)(1).
(3) SUBSTANTIAL COMPLETION REQUIRED- Not later than 2 years after
the date of selection by Sealaska of land withdrawn under section
3(b)(1), the Secretary shall substantially complete the conveyance
of the land to Sealaska under this Act.
(4) EFFECT- Nothing in this Act shall interfere with, or cause any
delay in, the duty of the Secretary to convey land to the State of
Alaska under section 6 of the Act of July 7, 1958 (commonly known
as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law
85-508).
(b) Expiration of Withdrawals- On completion of the selection by Sealaska
and the conveyances to Sealaska of land under subsection (a) in a manner
that is sufficient to fulfill the land entitlement of Sealaska under
section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(8))--
(1) the right of Sealaska to receive any land under section 14(h)(8)
of that Act from within a withdrawal area established under subsections
(a) and (d) of section 16 of that Act (43 U.S.C. 1615(a) and 1615(d))
shall be terminated;
(2) the withdrawal areas set aside for selection by Native Corporations
in southeast Alaska under subsections (a) and (d) of section 16 of
that Act (43 U.S.C. 1615(a) and 1615(d)) shall be rescinded; and
(3) land located within a withdrawal area that is not conveyed to
Sealaska or to a southeast Alaska Village Corporation or Urban Corporation
shall be returned to the unencumbered management of the Forest Service
as part of the Tongass National Forest.
(c) Limitation- Sealaska shall not select or receive under this Act
any conveyance of land pursuant to paragraph (1) or (2) of section 3(b)
located within any conservation system unit.
(d) Applicable Easements and Public Access-
(1) IN GENERAL- The conveyance to Sealaska of land withdrawn pursuant
to paragraphs (1) and (3) of section 3(b) 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 be subject to--
(A) a reservation for easements for public access on the public
roads depicted on the maps dated February 1, 2011, and labeled `Attachment
A (Maps 1 through 8)';
(B) a reservation for easements along the temporary roads designated
by the Forest Service as of the date of enactment of this Act for
the public access trails depicted on the maps described in subparagraph
(A);
(C) the right of noncommercial public access for subsistence uses,
consistent with title VIII of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3111 et seq.), and recreational access,
without liability to Sealaska, subject to--
(i) the right of Sealaska to regulate access granted under this
subparagraph to ensure public safety, to protect cultural or scientific
resources, and to provide environmental protection; and
(ii) the condition that Sealaska shall post on any applicable
property, in accordance with State law, notices of the conditions
on use; and
(D) the requirement that, with respect to the land conveyed to the
corporation pursuant to section 3(b)(1), Sealaska shall continue
to manage the land in accordance with the State of Alaska Forest
Resources and Practices Act, Alaska Stat. 41.17, except that, for
a period of 5 years beginning on the date of enactment of this Act,
Alaska Stat. 41.17.116(1) shall apply to the harvest of timber within
100 feet of a water body defined in Alaska Stat. 41.17.950(31).
(2) SACRED, CULTURAL, TRADITIONAL AND HISTORIC SITES- The conveyance
to Sealaska of land withdrawn pursuant to section 3(c) that is located
outside of a withdrawal area designated under section 16(a) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject
to--
(A) the right of public access across the conveyances where no reasonable
alternative access around the land is available without liability
to Sealaska; and
(B) the right of Sealaska to regulate access granted under this
paragraph across the conveyances to ensure public safety, to protect
cultural or scientific resources, to provide environmental protection,
or to prohibit activities incompatible with the use and enjoyment
of the land by Sealaska, subject to the condition that Sealaska
shall post on any applicable property, in accordance with State
law, notices of the conditions on use.
(3) TRADITIONAL AND CUSTOMARY TRADE AND MIGRATION ROUTES- The conveyance
to Sealaska of land withdrawn pursuant to section 3(b)(3) that is
located outside of a withdrawal area designated under section 16(a)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall
be subject to a requirement that Sealaska provide public access across
the conveyances if an adjacent landowner or the public has a legal
right to use the adjacent private or public land.
(4) SITES WITH TRADITIONAL, RECREATIONAL, AND RENEWABLE ENERGY USE
VALUE- The conveyance to Sealaska of land withdrawn pursuant to section
3(b)(2) that is located outside of a withdrawal area designated under
section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C.
1615(a)) shall be subject to--
(A) the right of public access across the land without liability
to Sealaska; and
(B) the condition that public access across the land would not be
unreasonably restricted or impaired.
(5) EFFECT- No right of access provided to any individual or entity
(other than Sealaska) by this subsection--
(A) creates any interest, other than an interest retained by the
United States, of such an individual or entity in the land conveyed
to Sealaska in excess of that right of access; or
(B) provides standing in any review of, or challenge to, any determination
by Sealaska with respect to the management or development of the
applicable land.
(e) Conditions on Sacred, Cultural, Traditional, and Historic Sites
and Traditional and Customary Trade and Migration Routes- The conveyance
to Sealaska of land withdrawn pursuant to sections 3(b)(3) and 3(c)--
(1) shall be subject to a covenant prohibiting any commercial timber
harvest or mineral development on the land;
(2) shall be subject to a covenant allowing use of the land only as
described in subsection (f); and
(3) shall not be subject to any additional restrictive covenant based
on cultural or historic values, or any other restriction, encumbrance,
or easement, except as provided in sections 14(g) and 17(b) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(g), 1616(b)).
(f) Uses of Sacred, Cultural, Traditional, and Historic Sites and Traditional
and Customary Trade and Migration Routes- Any land conveyed to Sealaska
from land withdrawn pursuant to sections 3(b)(3) and 3(c) may be used
for--
(1) preservation of cultural knowledge and traditions associated with
the site;
(2) historical, cultural, and scientific research and education;
(3) public interpretation and education regarding the cultural significance
of the site to Alaska Natives;
(4) protection and management of the site to preserve the natural
and cultural features of the site, including cultural traditions,
values, songs, stories, names, crests, and clan usage, for the benefit
of future generations; and
(5) site improvement activities for any purpose described in paragraphs
(1) through (4), subject to the condition that the activities--
(A) are consistent with the sacred, cultural, traditional, or historic
nature of the site; and
(B) are not inconsistent with the management plans for adjacent
public land.
(g) Termination of Restrictive Covenants-
(1) IN GENERAL- Each restrictive covenant regarding cultural or historical
values with respect to any interim conveyance or patent for a historic
or cemetery site issued to Sealaska pursuant to the Federal regulations
contained in sections 2653.5(a) and 2653.11 of title 43, Code of Federal
Regulations (as in effect on the date of enactment of this Act), in
accordance with section 14(h)(1) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1613(h)(1)), terminates as a matter of law on the date
of enactment of this Act.
(2) REMAINING CONDITIONS- Land subject to a covenant described in
paragraph (1) on the day before the date of enactment of this Act
shall be subject to the conditions described in subsection (e).
(3) RECORDS- Sealaska shall be responsible for recording with the
land title recorders office of the State of Alaska any modification
to an existing conveyance of land under section 14(h)(1) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) as a result of
this Act.
(h) Conditions on Sites With Traditional, Recreational, and Renewable
Energy Use Value- Each conveyance of land to Sealaska from land withdrawn
pursuant to section 3(b)(2) shall be subject to--
(1) a covenant prohibiting any commercial timber harvest or mineral
development; and
(2) the conveyance of the site identified as Pegmatite Mountain Geothermal
#53 on the map labeled `Attachment D' and dated February 1, 2011,
shall be subject to a covenant prohibiting commercial development
of the site for a period of 15 years beginning on the date of enactment
of this Act, provided that Sealaska shall have a right to engage in
site evaluation and analysis during the period.
(i) Escrow Funds for Withdrawn Land- On the withdrawal by this Act of
land identified for selection by Sealaska, the escrow requirements of
section 2 of Public Law 94-204 (43 U.S.C. 1613 note), shall thereafter
apply to the withdrawn land.
(j) Guiding and Outfitting Special Use Permits or Authorizations-
(1) IN GENERAL- Consistent with the provisions of section 14(g) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), on land
conveyed to Sealaska from land withdrawn pursuant to sections 3(b)(1)
and 3(b)(2), an existing holder of a guiding or outfitting special
use permit or authorization issued by the Forest Service shall be
entitled to its rights and privileges on the land for the remaining
term of the permit, as of the date of conveyance to Sealaska, and
for 1 subsequent 10-year renewal of the permit, subject to the condition
that the rights shall be considered a valid existing right reserved
pursuant to section 14(g) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1613(g)), and shall be managed accordingly.
(2) NOTICE OF COMMERCIAL ACTIVITIES- Sealaska, with respect to the
holder of a guiding or outfitting special use permit or authorization
under this subsection, and a permit holder referenced in this subsection,
with respect to Sealaska, shall have an obligation to inform the other
party of their respective commercial activities before engaging in
the activities on land, which has been conveyed to Sealaska under
this Act, subject to the permit or authorization.
(3) NEGOTIATION OF NEW TERMS- Nothing in this subsection precludes
Sealaska and a permit holder under this subsection from negotiating
new mutually agreeable permit terms that supersede the requirements
of--
(B) section 14(g) of the Alaska Native Claims Settlement Act (43
U.S.C. 1613(g)); or
(4) LIABILITY- Sealaska shall bear no liability regarding use and
occupancy pursuant to special use permits or authorizations on land
selected or conveyed pursuant to this Act.
SEC. 5. MISCELLANEOUS.
(a) Status of Conveyed Land- Each conveyance of Federal land to Sealaska
pursuant to this Act, and each Federal action carried out to achieve
the purpose of this Act, shall be considered to be conveyed or acted
on, as applicable, pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.).
(b) Environmental Mitigation and Incentives- Notwithstanding subsection
(e) and (h) of section 4, all land conveyed to Sealaska pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and
this Act shall be considered to be qualified to receive or participate
in, as applicable--
(1) any federally authorized carbon sequestration program, ecological
services program, or environmental mitigation credit; and
(2) any other federally authorized environmental incentive credit
or program.
(c) No Material Effect on Forest Plan-
(1) IN GENERAL- Except as required by paragraph (2) and the amendment
made by section 6, implementation of this Act, including the conveyance
of land to Sealaska, alone or in combination with any other factor,
shall not require an amendment of, or revision to, the Tongass National
Forest Land and Resources Management Plan before the first revision
of that Plan scheduled to occur after the date of enactment of this
Act.
(2) BOUNDARY ADJUSTMENTS- The Secretary of Agriculture shall implement
any land ownership boundary adjustments to the Tongass National Forest
Land and Resources Management Plan resulting from the implementation
of this Act through a technical amendment to that Plan.
(d) Effect on Entitlement- Nothing in this Act shall have any effect
upon the entitlement due to any Native Corporation, other than Sealaska,
under--
(1) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
or
(2) the Alaska National Interest Lands Conservation Act (16 U.S.C.
3101 et seq.).
SEC. 6. CONSERVATION AREAS.
(a) In General- Section 508 of the Alaska National Interest Lands Conservation
Act (Public Law 96-487; 94 Stat. 2381, 104 Stat. 4428) is amended--
(1) in the matter preceding paragraph (1), by striking `The following
lands are hereby' and inserting the following:
`(a) In General- The following land is'; and
(2) by adding at the end the following:
`(13) CONSERVATION AREAS- Subject to valid existing rights, certain
land for conservation purposes, comprising approximately 151,565 acres,
as depicted on the map entitled `Conservation Areas', dated February
1, 2011, and labeled `Attachment E', which is more particularly described
as follows:
`(A) BAY OF PILLARS- Certain land, comprising approximately 21,146.5
acres, located on the southern shore of the Bay in Forest Service
Value Comparison Unit 4030.
`(B) KUSHNEAHIN CREEK- Certain land, comprising approximately 36,703
acres, located on southwestern Kupreanof Island in the Forest Service
Value Comparison Units 4300 and 4310.
`(C) SARKAR LAKES- Certain land, comprising approximately 25,403.7
acres, located on Prince of Wales Island in Forest Service Value
Comparison Unit 5541.
`(D) WESTERN KOSCUISKO- Certain land, comprising approximately 7,416.5
acres, located on Koscuisko Island in Forest Service Value Comparison
Units 5410, 5430, and 5440.
`(E) HONKER DIVIDE- Certain land, comprising approximately 15,586.2
acres, located on Prince of Wales Island in Forest Service Value
Comparison Units 5740, 5750, 5760, 5780, and 5971.
`(F) EEK LAKE AND SUKKWAN ISLAND- Certain land, comprising approximately
34,644.1 acres, located in Forest Service Value Comparison Units
6320, 6700, 6710 and 6720.
`(G) EASTERN KOSCUISKO- Certain karst land, comprising approximately
1,663 acres, located on Koscuisko Island in Forest Service Value
Comparison Units 5430 and 5460.
`(H) NORTHERN PRINCE OF WALES- Certain karst land, comprising approximately
10,888 acres, located in Forest Service Value Comparison Units 5280,
5290, 5311, 5313, 5330, 5360, and 5371.
`(b) Management of Conservation Areas-
`(1) IN GENERAL- Subject to paragraph (2), the conservation areas
designated by subsection (a)(13) shall be allocated to Land Use Designation
II status (as defined in section 2 of the Southeast Alaska Native
Land Entitlement Finalization and Jobs Protection Act) and shall be
managed by the Secretary of Agriculture to protect subsistence activities
and unique biological and geological resources and to prohibit commercial
timber harvests or new road construction, in accordance with management
guidelines developed under the Tongass National Forest Land and Resource
Management Plan.
`(2) REQUIREMENTS- In managing the areas designated by subsection
(a)(13)--
`(A) the Forest Service shall protect the traditional and cultural
use, biological and geological value, and, where applicable, the
roadless character of the areas;
`(B) industrial logging and associated road building shall be prohibited;
`(C) timber micro-sales in accessible areas shall be allowed;
`(D) restoration projects in young-growth stands and salmon streams
shall be encouraged for meeting integrated resource objectives;
`(E) subsistence enhancement and low impact recreation and tourism
development projects shall be encouraged;
`(F) sustainable, community-scaled economic development of forest
and marine resources shall be allowed, including issuance of special
use permits for non-timber forest products gathering, mariculture
development, and transportation and energy development; and
`(G) existing and future Transportation and Utility Systems shall
be permitted in designated Transportation and Utility System Corridors
under the Tongass National Forest Land and Resource Management Plan.
`(c) Limitation- The establishment of the conservation areas by subsection
(a)(13) shall not be used by the Secretary of Agriculture or a designee
of the Secretary of Agriculture as a basis for any administrative management
decisions to establish by administrative action any buffers, withdrawals,
land-use designations, road closures, or other similar actions on any
land, value comparison units, or adjacent land-use designations.'.
SEC. 7. MAPS.
(a) Availability- Each map referred to in this Act shall be maintained
on file in--
(1) the office of the Chief of the Forest Service; and
(2) the office of the Secretary.
(b) Corrections- The Secretary or the Chief of the Forest Service may
make any necessary correction to a clerical or typographical error in
a map referred to in this Act.
(c) Treatment- No map referred to in this Act shall be considered to
be an attempt by the Federal Government to convey any State or private
land.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act and the amendments made by this Act.
END
