I 

108TH CONGRESS 

1ST SESSION H. R. 1899

To resolve certain conveyances and provide for alternative land selections 

under the Alaska Native Claims Settlement Act related to Cape Fox 

Corporation and Sealaska Corporation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2003

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To resolve certain conveyances and provide for alternative 

land selections under the Alaska Native Claims Settlement Act related to Cape Fox Corporation and Sealaska 

Corporation, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cape Fox Land Enti5 tlement Adjustment Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that: 
2

•HR 1899 IH 

1 (1) Cape Fox Corporation (Cape Fox) is an 

2 Alaska Native Village Corporation organized pursu3 ant to the Alaska Native Claims Settlement Act 

4 (ANCSA) (43 U.S.C. 1601 et seq.) for the Native 

5 Village of Saxman. 

6 (2) As with other ANCSA village corporations 

7 in Southeast Alaska, Cape Fox was limited to select8 ing 23,040 acres under section 16 of ANCSA. 

9 (3) Except for Cape Fox, all other Southeast 

10 Alaska ANCSA village corporations were restricted 

11 from selecting within two miles of a home rule city. 

12 (4) To protect the watersheds in the vicinity of 

13 Ketchikan, Cape Fox was restricted from selecting 

14 lands within six miles from the boundary of the 

15 home rule City of Ketchikan under section 22(1) of 

16 ANCSA (43 U.S.C. 1621(1)). 

17 (5) The six mile restriction damaged Cape Fox 

18 by precluding the corporation from selecting valuable 

19 timber lands, industrial sites, and other commercial 

20 property, not only in its core township but in sur21 rounding lands far removed from Ketchikan and its 

22 watershed. 

23 (6) As a result of the 6 mile restriction, only 

24 the remote mountainous northeast corner of Cape 

25 Fox’s core township, which is nonproductive and of 
3

•HR 1899 IH 

1 no known economic value, was available for selection 

2 by the corporation. Selection of this parcel was, how3 ever, mandated by section 16(b) of ANCSA (43 

4 U.S.C. 1615(b)). 

5 (7) Cape Fox’s land selections were further lim6 ited by the fact that the Annette Island Indian Res7 ervation is within its selection area, and those lands 

8 were unavailable for ANCSA selection. Cape Fox is 

9 the only ANCSA village corporation affected by this 

10 restriction. 

11 (8) Adjustment of Cape Fox’s selections and 

12 conveyances of land under ANCSA requires adjust13 ment of Sealaska Corporation’s (Sealaska) selections 

14 and conveyances to avoid creation of additional split 

15 estate between National Forest System surface lands 

16 and Sealaska subsurface lands. 

17 (9) There is an additional need to resolve exist18 ing areas of Sealaska/Tongass split estate, in which 

19 Sealaska holds title or conveyance rights to several 

20 thousand acres of subsurface lands that encumber 

21 management of Tongass National Forest surface 

22 lands. 

23 (10) The Tongass National Forest lands identi24 fied in this Act for selection by and conveyance to 

25 Cape Fox and Sealaska, subject to valid existing 
4

•HR 1899 IH 

1 rights, provide a means to resolve some of the Cape 

2 Fox and Sealaska ANCSA land entitlement issues 

3 without significantly affecting Tongass National 

4 Forest resources, uses or values. 

5 (11) Adjustment of Cape Fox’s selections and 

6 conveyances of land under ANCSA through the pro7 visions of this Act, and the related adjustment of 

8 Sealaska’s selections and conveyances hereunder, are 

9 in accordance with the purposes of ANCSA and oth10 erwise in the public interest. 

11 SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR 

12 CERTAIN LANDS. 

13 Notwithstanding the provisions of section 16(b) of 

14 ANCSA (43 U.S.C. 1615(b)), Cape Fox shall not be re15 quired to select or receive conveyance of approximately 

16 160 acres of Federal unconveyed lands within Section 1, 

17 T. 75 S., R. 91 E., C.R.M. 

18 SEC. 4. SELECTION OUTSIDE EXTERIOR SELECTION 

19 BOUNDARY. 

20 (a) SELECTION AND CONVEYANCE OF SURFACE ES21 TATE.—In addition to lands made available for selection 

22 under ANCSA, within 24 months after the date of enact23 ment of this Act, Cape Fox may select, and, upon receiv24 ing written notice of such selection, the Secretary of the 

25 Interior shall convey approximately 99 acres of the surface
5

•HR 1899 IH 

1 estate of Tongass National Forest lands outside Cape 

2 Fox’s current exterior selection boundary, specifically that 

3 parcel described as follows: 

4 (1) T. 73 S., R. 90 E., C.R.M. 

(2) Section 33: SW portion of SE1 5 ⁄4: 38 acres. 

(3) Section 33: NW portion of SE1 6 ⁄4: 13 acres. 

(4) Section 33: SE1⁄4 of SE1 7 ⁄4: 40 acres. 

(5) Section 33: SE1⁄4 of SW1 8 ⁄4: 8 acres. 

9 (b) CONVEYANCE OF SUBSURFACE ESTATE.—Upon 

10 conveyance to Cape Fox of the surface estate to the lands 

11 identified in subsection (a), the Secretary of the Interior 

12 shall convey to Sealaska the subsurface estate to the 

13 lands. 

14 (c) TIMING.—The Secretary of the Interior shall com15 plete the interim conveyances to Cape Fox and Sealaska 

16 under this section within 180 days after the Secretary of 

17 the Interior receives notice of the Cape Fox selection 

18 under subsection (a). 

19 SEC. 5. EXCHANGE OF LANDS BETWEEN CAPE FOX AND 

20 THE TONGASS NATIONAL FOREST. 

21 (a) GENERAL.—The Secretary of Agriculture shall 

22 offer, and if accepted by Cape Fox, shall exchange the 

23 Federal lands described in subsection (b) for lands and 

24 interests therein identified by Cape Fox under subsection 
6

•HR 1899 IH 

1 (c) and, to the extent necessary, lands and interests there2 in identified under subsection (d). 

3 (b) LANDS TO BE EXCHANGED TO CAPE FOX.—The 

4 lands to be offered for exchange by the Secretary of Agri5 culture are Tongass National Forest lands comprising ap6 proximately 2,663.9 acres in T. 36 S., R. 62 E., C.R.M. 

7 and T. 35 S., R. 62 E., C.R.M., as designated upon a 

8 map entitled ‘‘Proposed Kensington Project Land Ex9 change’’, dated March 18, 2002, and available for inspec10 tion in the Forest Service Region 10 regional office in Ju11 neau, Alaska. 

12 (c) LANDS TO BE EXCHANGED TO THE UNITED

13 STATES.—Cape Fox shall be entitled, within 60 days after 

14 the date of enactment of this Act, to identify in writing 

15 to the Secretaries of Agriculture and the Interior the lands 

16 and interests in lands that Cape Fox proposes to exchange 

17 for the Federal lands described in subsection (b). The 

18 lands and interests in lands shall be identified from lands 

19 previously conveyed to Cape Fox comprising approxi20 mately 2,900 acres and designated as parcels A–1 to A–

21 3, B–1 to B–3, and C upon a map entitled ‘‘Cape Fox 

22 Corporation ANCSA Land Exchange Proposal’’, dated 

23 March 15, 2002, and available for inspection in the Forest 

24 Service Region 10 regional office in Juneau, Alaska. 

25 Lands identified for exchange within each parcel shall be 
7

•HR 1899 IH 

1 contiguous to adjacent National Forest System lands and 

2 in reasonably compact tracts. The lands identified for ex3 change shall include a public trail easement designated as 

4 D on said map, unless the Secretary of Agriculture agrees 

5 otherwise. The value of the easement shall be included in 

6 determining the total value of lands exchanged to the 

7 United States. 

8 (d) VALUATION OF EXCHANGE LANDS.—The Sec9 retary of Agriculture shall determine whether the lands 

10 identified by Cape Fox under subsection (c) are equal in 

11 value to the lands described in subsection (b). If the lands 

12 identified under subsection (c) are determined to have in13 sufficient value to equal the value of the lands described 

14 in subsection (b), Cape Fox and the Secretary shall mutu15 ally identify additional Cape Fox lands for exchange suffi16 cient to equalize the value of lands conveyed to Cape Fox. 

17 Such land shall be contiguous to adjacent National Forest 

18 System lands and in reasonably compact tracts. 

19 (e) CONDITIONS.—The offer and conveyance of Fed20 eral lands to Cape Fox in the exchange shall, notwith21 standing section 14(f) of ANCSA, be of the surface and 

22 subsurface estate, but subject to valid existing rights and 

23 all other provisions of section 14(g) of ANCSA. 

24 (f) TIMING.—The Secretary of Agriculture shall at25 tempt, within 90 days after the date of enactment of this 
8

•HR 1899 IH 

1 Act, to enter into an agreement with Cape Fox to consum2 mate the exchange consistent with this Act. The lands 

3 identified in the exchange agreement shall be exchanged 

4 by conveyance at the earliest possible date after the ex5 change agreement is signed. Subject only to conveyance 

6 from Cape Fox to the United States of all its rights, title, 

7 and interests in the Cape Fox lands included in the ex8 change consistent with this Act, the Secretary of the Inte9 rior shall complete the interim conveyance to Cape Fox 

10 of the Federal lands included in the exchange within 180 

11 days after the execution of the exchange agreement by 

12 Cape Fox and the Secretary of Agriculture. 

13 SEC. 6. EXCHANGE OF LANDS BETWEEN SEALASKA AND 

14 THE TONGASS NATIONAL FOREST. 

15 (a) GENERAL.—Upon conveyance of the Cape Fox 

16 lands included in the exchange under section 5 and con17 veyance and relinquishment by Sealaska in accordance 

18 with this Act of the lands and interests in lands described 

19 in subsection (c), the Secretary of the Interior shall convey 

20 to Sealaska the Federal lands identified for exchange 

21 under subsection (b). 

22 (b) LANDS TO BE EXCHANGED TO SEALASKA.—The 

23 lands to be exchanged to Sealaska are to be selected by 

24 Sealaska from Tongass National Forest lands comprising 

25 approximately 9,329 acres in T. 36 S., R. 62 E., C.R.M.,
9

•HR 1899 IH 

1 T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., 

2 C.R.M., as designated upon a map entitled ‘‘Proposed 

3 Sealaska Corporation Land Exchange Kensington Lands 

4 Selection Area’’, dated April 2002 and available for in5 spection in the Forest Service Region 10 Regional Office 

6 in Juneau, Alaska. Within 60 days after receiving notice 

7 of the identification by Cape Fox of the exchange lands 

8 under section 5(c), Sealaska shall be entitled to identify 

9 in writing to the Secretaries of Agriculture and the Inte10 rior the lands that Sealaska selects to receive in exchange 

11 for the Sealaska lands described in subsection (c). Lands 

12 selected by Sealaska shall be in no more than two contig13 uous and reasonably compact tracts that adjoin the lands 

14 described for exchange to Cape Fox in section 5(b). The 

15 Secretary of Agriculture shall determine whether these se16 lected lands are equal in value to the lands described in 

17 subsection (c) and may adjust the amount of selected 

18 lands in order to reach agreement with Sealaska regarding 

19 equal value. The exchange conveyance to Sealaska shall 

20 be of the surface and subsurface estate in the lands se21 lected and agreed to by the Secretary but subject to valid 

22 existing rights and all other provisions of section 14(g) 

23 of ANCSA. 

24 (c) LANDS TO BE EXCHANGED TO THE UNITED

25 STATES.—The lands and interests therein to be exchanged 
10

•HR 1899 IH 

1 by Sealaska are the subsurface estate underlying the Cape 

2 Fox exchange lands described in section 5(c), an addi3 tional approximately 2,506 acres of the subsurface estate 

4 underlying Tongass National Forest surface estate, de5 scribed in Interim Conveyance No. 1673, and rights to be 

6 additional approximately 2,698 acres of subsurface estate 

7 of Tongass National Forest lands remaining to be con8 veyed to Sealaska from Group 1, 2 and 3 lands as set 

9 forth in the Sealaska Corporation/United States Forest 

10 Service Split Estate Exchange Agreement of November 

11 26, 1991, at Schedule B, as modified on January 20, 

12 1995. 

13 (d) TIMING.—The Secretary of Agriculture shall at14 tempt, within 90 days after receipt of the selection of 

15 lands by Sealaska under subsection (b), to enter into an 

16 agreement with Sealaska to consummate the exchange 

17 consistent with this Act. The lands identified in the ex18 change agreement shall be exchanged by conveyance at the 

19 earliest possible date after the exchange agreement is 

20 signed. Subject only to the Cape Fox and Sealaska convey21 ances and relinquishments described in subsection (a), the 

22 Secretary of the Interior shall complete the interim con23 veyance to Sealaska of the Federal lands selected for ex24 change within 180 days after execution of the agreement 

25 by Sealaska and the Secretary of Agriculture. 
11

•HR 1899 IH 

1 (e) MODIFICATION OF AGREEMENT.—The executed 

2 exchange agreement under this section shall be considered 

3 a further modification of the Sealaska Corporation/United 

4 States Forest Service Split Estate Exchange Agreement, 

5 as ratified in section 17 of Public Law 102–415 (October 

6 14, 1992). 

7 SEC. 7. MISCELLANEOUS PROVISIONS. 

8 (a) EQUAL VALUE REQUIREMENT.—The exchanges 

9 described in this Act shall be of equal value. Cape Fox 

10 and Sealaska shall have the opportunity to present to the 

11 Secretary of Agriculture estimates of value of exchange 

12 lands with supporting information. 

13 (b) TITLE.—Cape Fox and Sealaska shall convey and 

14 provide evidence of title satisfactory to the Secretary of 

15 Agriculture for their respective lands to be exchanged to 

16 the United States under this Act, subject only to excep17 tions, reservations and encumbrances in the interim con18 veyance or patent from the United States or otherwise ac19 ceptable to the Secretary of Agriculture. 

20 (c) HAZARDOUS SUBSTANCES.—Cape Fox, Sealaska, 

21 and the United States each shall not be subject to liability 

22 for the presence of any hazardous substance in land or 

23 interests in land solely as a result of any conveyance or 

24 transfer of the land or interests under this Act. 
12

•HR 1899 IH 

1 (d) EFFECT ON ANCSA SELECTIONS.—Any convey2 ance of Federal surface or subsurface lands to Cape Fox 

3 or Sealaska under this Act shall be considered, for all pur4 poses, land conveyed pursuant to ANCSA. Nothing in this 

5 Act shall be construed to change the total acreage of land 

6 entitlement of Cape Fox or Sealaska under ANCSA. Cape 

7 Fox and Sealaska shall remain charged for any lands they 

8 exchange under this Act and any lands conveyed pursuant 

9 to section 4, but shall not be charged for any lands re10 ceived under section 5 or section 6. The exchanges de11 scribed in this Act shall be considered, for all purposes, 

12 actions which lead to the issuance of conveyances to Na13 tive Corporations pursuant to ANCSA. Lands or interests 

14 therein transferred to the United States under this Act 

15 shall become and be administered as part of the Tongass 

16 National Forest. 

17 (e) EFFECT ON STATEHOOD SELECTIONS.—Lands 

18 conveyed to or selected by the State of Alaska under the 

19 Alaska Statehood Act (Public Law 85–508; 72 Stat. 339; 

20 48 U.S.C. note prec. 21) shall not be eligible for selection 

21 or conveyance under this Act without the consent of the 

22 State of Alaska. 

23 (f) MAPS.—The maps referred to in this Act shall 

24 be maintained on file in the Forest Service Region 10 Re25 gional Office in Juneau, Alaska. The acreages cited in this 
13

•HR 1899 IH 

1 Act are approximate, and if there is any discrepancy be2 tween cited acreage and the land depicted on the specified 

3 maps, the maps shall control. The maps do not constitute 

4 an attempt by the United States to convey State or private 

5 land. 

6 (g) EASEMENTS.—Notwithstanding section 17(b) of 

7 ANCSA, Federal lands conveyed to Cape Fox or Sealaska 

8 pursuant to this Act shall be subject only to the reserva9 tion of public easements mutually agreed to and set forth 

10 in the exchange agreements executed under this Act. The 

11 easements shall include easements necessary for access 

12 across the lands conveyed under this Act for use of na13 tional forest or other public lands. 

14 (h) OLD GROWTH RESERVES.—The Secretary of Ag15 riculture shall add an equal number of acres to old growth 

16 reserves on the Tongass National Forest as are trans17 ferred out of Federal ownership as a result of this Act. 

18 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) DEPARTMENT OF AGRICULTURE.—There are au20 thorized to be appropriated to the Secretary of Agriculture 

21 such sums as may be necessary for value estimation and 

22 related costs of exchanging lands specified in this Act, and 

23 for road rehabilitation, habitat and timber stand improve24 ment, including thinning and pruning, on lands acquired 

25 by the United States under this Act. 
14

•HR 1899 IH 

1 (b) DEPARTMENT OF THE INTERIOR.—There are au2 thorized to be appropriated to the Secretary of the Interior 

3 such sums as may be necessary for land surveys and con4 veyances pursuant to this Act.

Æ