IB 

Union Calendar No. 189

108TH CONGRESS 

1ST SESSION H. R. 1899

[Report No. 108–313] 

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 

OCTOBER 15, 2003

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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,
2

•HR 1899 RH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cape Fox Land Enti3 tlement Adjustment Act of 2003’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that: 

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

7 Alaska Native Village Corporation organized pursu8 ant to the Alaska Native Claims Settlement Act 

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

10 Village of Saxman. 

11 (2) As with other ANCSA village corporations 

12 in Southeast Alaska, Cape Fox was limited to select13 ing 23,040 acres under section 16 of ANCSA. 

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

15 Alaska ANCSA village corporations were restricted 

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

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

18 Ketchikan, Cape Fox was restricted from selecting 

19 lands within six miles from the boundary of the 

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

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

22 (5) The six mile restriction damaged Cape Fox 

23 by precluding the corporation from selecting valuable 

24 timber lands, industrial sites, and other commercial 

25 property, not only in its core township but in sur-
3

•HR 1899 RH 

1 rounding lands far removed from Ketchikan and its 

2 watershed. 

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

4 the remote mountainous northeast corner of Cape 

5 Fox’s core township, which is nonproductive and of 

6 no known economic value, was available for selection 

7 by the corporation. Selection of this parcel was, how8 ever, mandated by section 16(b) of ANCSA (43 

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

10 (7) Cape Fox’s land selections were further lim11 ited by the fact that the Annette Island Indian Res12 ervation is within its selection area, and those lands 

13 were unavailable for ANCSA selection. Cape Fox is 

14 the only ANCSA village corporation affected by this 

15 restriction. 

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

17 conveyances of land under ANCSA requires adjust18 ment of Sealaska Corporation’s (Sealaska) selections 

19 and conveyances to avoid creation of additional split 

20 estate between National Forest System surface lands 

21 and Sealaska subsurface lands. 

22 (9) There is an additional need to resolve exist23 ing areas of Sealaska/Tongass split estate, in which 

24 Sealaska holds title or conveyance rights to several 

25 thousand acres of subsurface lands that encumber 
4

•HR 1899 RH 

1 management of Tongass National Forest surface 

2 lands. 

3 (10) The Tongass National Forest lands identi4 fied in this Act for selection by and conveyance to 

5 Cape Fox and Sealaska, subject to valid existing 

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

7 Fox and Sealaska ANCSA land entitlement issues 

8 without significantly affecting Tongass National 

9 Forest resources, uses or values. 

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

11 conveyances of land under ANCSA through the pro12 visions of this Act, and the related adjustment of 

13 Sealaska’s selections and conveyances hereunder, are 

14 in accordance with the purposes of ANCSA and oth15 erwise in the public interest. 

16 SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR 

17 CERTAIN LANDS. 

18 Notwithstanding the provisions of section 16(b) of 

19 ANCSA (43 U.S.C. 1615(b)), Cape Fox shall not be re20 quired to select or receive conveyance of approximately 

21 160 acres of Federal unconveyed lands within Section 1, 

22 T. 75 S., R. 91 E., C.R.M. 
5

•HR 1899 RH 

1 SEC. 4. SELECTION OUTSIDE EXTERIOR SELECTION 

2 BOUNDARY. 

3 (a) SELECTION AND CONVEYANCE OF SURFACE ES4 TATE.—In addition to lands made available for selection 

5 under ANCSA, within 24 months after the date of enact6 ment of this Act, Cape Fox may select, and, upon receiv7 ing written notice of such selection, the Secretary of the 

8 Interior shall convey approximately 99 acres of the surface

9 estate of Tongass National Forest lands outside Cape 

10 Fox’s current exterior selection boundary, specifically that 

11 parcel described as follows: 

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

(2) Section 33: SW portion of SE1 13 ⁄4: 38 acres. 

(3) Section 33: NW portion of SE1 14 ⁄4: 13 acres. 

(4) Section 33: SE1⁄4 of SE1 15 ⁄4: 40 acres. 

(5) Section 33: SE1⁄4 of SW1 16 ⁄4: 8 acres. 

17 (b) CONVEYANCE OF SUBSURFACE ESTATE.—Upon 

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

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

20 shall convey to Sealaska the subsurface estate to the 

21 lands. 

22 (c) TIMING.—The Secretary of the Interior shall com23 plete the interim conveyances to Cape Fox and Sealaska 

24 under this section within 180 days after the Secretary of 

25 the Interior receives notice of the Cape Fox selection 

26 under subsection (a).
6

•HR 1899 RH 

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

2 THE TONGASS NATIONAL FOREST. 

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

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

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

6 interests therein identified by Cape Fox under subsection 

7 (c) and, to the extent necessary, lands and interests there8 in identified under subsection (d). 

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

10 lands to be offered for exchange by the Secretary of Agri11 culture are Tongass National Forest lands comprising ap12 proximately 2,663.9 acres in T. 36 S., R. 62 E., C.R.M. 

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

14 map entitled ‘‘Proposed Kensington Project Land Ex15 change’’, dated March 18, 2002, and available for inspec16 tion in the Forest Service Region 10 regional office in Ju17 neau, Alaska. 

18 (c) LANDS TO BE EXCHANGED TO THE UNITED

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

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

21 to the Secretaries of Agriculture and the Interior the lands 

22 and interests in lands that Cape Fox proposes to exchange 

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

24 lands and interests in lands shall be identified from lands 

25 previously conveyed to Cape Fox comprising approxi26 mately 2,900 acres and designated as parcels A–1 to A–
7

•HR 1899 RH 

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

2 Corporation ANCSA Land Exchange Proposal’’, dated 

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

4 Service Region 10 regional office in Juneau, Alaska. 

5 Lands identified for exchange within each parcel shall be 

6 contiguous to adjacent National Forest System lands and 

7 in reasonably compact tracts. The lands identified for ex8 change shall include a public trail easement designated as 

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

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

11 determining the total value of lands exchanged to the 

12 United States. 

13 (d) VALUATION OF EXCHANGE LANDS.—The Sec14 retary of Agriculture shall determine whether the lands 

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

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

17 identified under subsection (c) are determined to have in18 sufficient value to equal the value of the lands described 

19 in subsection (b), Cape Fox and the Secretary shall mutu20 ally identify additional Cape Fox lands for exchange suffi21 cient to equalize the value of lands conveyed to Cape Fox. 

22 Such land shall be contiguous to adjacent National Forest 

23 System lands and in reasonably compact tracts. 

24 (e) CONDITIONS.—The offer and conveyance of Fed25 eral lands to Cape Fox in the exchange shall, notwith-
8

•HR 1899 RH 

1 standing section 14(f) of ANCSA, be of the surface and 

2 subsurface estate, but subject to valid existing rights and 

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

4 (f) TIMING.—The Secretary of Agriculture shall at5 tempt, within 90 days after the date of enactment of this 

6 Act, to enter into an agreement with Cape Fox to consum7 mate the exchange consistent with this Act. The lands 

8 identified in the exchange agreement shall be exchanged 

9 by conveyance at the earliest possible date after the ex10 change agreement is signed. Subject only to conveyance 

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

12 and interests in the Cape Fox lands included in the ex13 change consistent with this Act, the Secretary of the Inte14 rior shall complete the interim conveyance to Cape Fox 

15 of the Federal lands included in the exchange within 180 

16 days after the execution of the exchange agreement by 

17 Cape Fox and the Secretary of Agriculture. 

18 SEC. 6. EXCHANGE OF LANDS BETWEEN SEALASKA AND 

19 THE TONGASS NATIONAL FOREST. 

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

21 lands included in the exchange under section 5 and con22 veyance and relinquishment by Sealaska in accordance 

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

24 in subsection (c), the Secretary of the Interior shall convey 
9

•HR 1899 RH 

1 to Sealaska the Federal lands identified for exchange 

2 under subsection (b). 

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

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

5 Sealaska from Tongass National Forest lands comprising 

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

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

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

9 Sealaska Corporation Land Exchange Kensington Lands 

10 Selection Area’’, dated April 2002 and available for in11 spection in the Forest Service Region 10 Regional Office 

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

13 of the identification by Cape Fox of the exchange lands 

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

15 in writing to the Secretaries of Agriculture and the Inte16 rior the lands that Sealaska selects to receive in exchange 

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

18 selected by Sealaska shall be in no more than two contig19 uous and reasonably compact tracts that adjoin the lands 

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

21 Secretary of Agriculture shall determine whether these se22 lected lands are equal in value to the lands described in 

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

24 lands in order to reach agreement with Sealaska regarding 

25 equal value. The exchange conveyance to Sealaska shall 
10

•HR 1899 RH 

1 be of the surface and subsurface estate in the lands se2 lected and agreed to by the Secretary but subject to valid 

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

4 of ANCSA. 

5 (c) LANDS TO BE EXCHANGED TO THE UNITED

6 STATES.—The lands and interests therein to be exchanged 

7 by Sealaska are the subsurface estate underlying the Cape 

8 Fox exchange lands described in section 5(c), an addi9 tional approximately 2,506 acres of the subsurface estate 

10 underlying Tongass National Forest surface estate, de11 scribed in Interim Conveyance No. 1673, and rights to an 

12 additional approximately 2,698 acres of subsurface estate 

13 of Tongass National Forest lands remaining to be con14 veyed to Sealaska from Group 1, 2 and 3 lands as set 

15 forth in the Sealaska Corporation/United States Forest 

16 Service Split Estate Exchange Agreement of November 

17 26, 1991, at Schedule B, as modified on January 20, 

18 1995. 

19 (d) TIMING.—The Secretary of Agriculture shall at20 tempt, within 90 days after receipt of the selection of 

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

22 agreement with Sealaska to consummate the exchange 

23 consistent with this Act. The lands identified in the ex24 change agreement shall be exchanged by conveyance at the 

25 earliest possible date after the exchange agreement is
11

•HR 1899 RH 

1 signed. Subject only to the Cape Fox and Sealaska convey2 ances and relinquishments described in subsection (a), the 

3 Secretary of the Interior shall complete the interim con4 veyance to Sealaska of the Federal lands selected for ex5 change within 180 days after execution of the agreement 

6 by Sealaska and the Secretary of Agriculture. 

7 (e) MODIFICATION OF AGREEMENT.—The executed 

8 exchange agreement under this section shall be considered 

9 a further modification of the Sealaska Corporation/United 

10 States Forest Service Split Estate Exchange Agreement, 

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

12 14, 1992). 

13 SEC. 7. MISCELLANEOUS PROVISIONS. 

14 (a) EQUAL VALUE REQUIREMENT.—The exchanges 

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

16 and Sealaska shall have the opportunity to present to the 

17 Secretary of Agriculture estimates of value of exchange 

18 lands with supporting information. 

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

20 provide evidence of title satisfactory to the Secretary of 

21 Agriculture for their respective lands to be exchanged to 

22 the United States under this Act, subject only to excep23 tions, reservations and encumbrances in the interim con24 veyance or patent from the United States or otherwise ac25 ceptable to the Secretary of Agriculture. 
12

•HR 1899 RH 

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

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

3 for the presence of any hazardous substance in land or 

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

5 transfer of the land or interests under this Act. 

6 (d) EFFECT ON ANCSA SELECTIONS.—Any convey7 ance of Federal surface or subsurface lands to Cape Fox 

8 or Sealaska under this Act shall be considered, for all pur9 poses, land conveyed pursuant to ANCSA. Nothing in this 

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

11 entitlement of Cape Fox or Sealaska under ANCSA. Cape 

12 Fox and Sealaska shall remain charged for any lands they 

13 exchange under this Act and any lands conveyed pursuant 

14 to section 4, but shall not be charged for any lands re15 ceived under section 5 or section 6. The exchanges de16 scribed in this Act shall be considered, for all purposes, 

17 actions which lead to the issuance of conveyances to Na18 tive Corporations pursuant to ANCSA. Lands or interests 

19 therein transferred to the United States under this Act 

20 shall become and be administered as part of the Tongass 

21 National Forest. 

22 (e) EFFECT ON STATEHOOD SELECTIONS.—Lands 

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

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

25 48 U.S.C. note prec. 21) shall not be eligible for selection 
13

•HR 1899 RH 

1 or conveyance under this Act without the consent of the 

2 State of Alaska. 

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

4 be maintained on file in the Forest Service Region 10 Re5 gional Office in Juneau, Alaska. The acreages cited in this 

6 Act are approximate, and if there is any discrepancy be7 tween cited acreage and the land depicted on the specified 

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

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

10 land. 

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

12 ANCSA, Federal lands conveyed to Cape Fox or Sealaska 

13 pursuant to this Act shall be subject only to the reserva14 tion of public easements mutually agreed to and set forth 

15 in the exchange agreements executed under this Act. The 

16 easements shall include easements necessary for access 

17 across the lands conveyed under this Act for use of na18 tional forest or other public lands. 

19 (h) OLD GROWTH RESERVES.—The Secretary of Ag20 riculture shall add an equal number of acres to old growth 

21 reserves on the Tongass National Forest as are trans22 ferred out of Federal ownership as a result of this Act. 

23 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) DEPARTMENT OF AGRICULTURE.—There are au25 thorized to be appropriated to the Secretary of Agriculture 
14

•HR 1899 RH 

1 such sums as may be necessary for value estimation and 

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

3 for road rehabilitation, habitat and timber stand improve4 ment, including thinning and pruning, on lands acquired 

5 by the United States under this Act. 

6 (b) DEPARTMENT OF THE INTERIOR.—There are au7 thorized to be appropriated to the Secretary of the Interior 

8 such sums as may be necessary for land surveys and con9 veyances pursuant to this Act.

Union Calendar No. 189

108TH CONGRESS 

1ST SESSION H. R. 1899

[Report No. 108–313] 

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. 

OCTOBER 15, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed