II 

116TH CONGRESS 

2D SESSION S. 4889 

To amend the Alaska Native Claims Settlement Act to increase the dividend 

exclusion, to exclude certain payments to Alaska Native elders for determining eligibility for certain programs, to provide that Village Corporations shall not be required to convey land in trust to the State of 

Alaska for the establishment of Municipal Corporations, and to provide 

for the recognition of certain Alaska Native communities and the settlement of certain claims under that Act, to require the Secretary of 

the Interior to convey certain interests in land in the State of Alaska, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2020 

Ms. MURKOWSKI (for herself and Mr. SULLIVAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Alaska Native Claims Settlement Act to increase the dividend exclusion, to exclude certain payments to Alaska Native elders for determining eligibility 

for certain programs, to provide that Village Corporations shall not be required to convey land in trust to 

the State of Alaska for the establishment of Municipal 

Corporations, and to provide for the recognition of certain Alaska Native communities and the settlement of 

certain claims under that Act, to require the Secretary 

of the Interior to convey certain interests in land in 

the State of Alaska, and for other purposes. 


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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 ‘‘Alaska Native Claims 

5 Settlement Act Fulfillment Act of 2020’’. 

6 SEC. 2. DIVIDEND EXCLUSION INCREASE. 

7 Section 29(c)(A) of the Alaska Native Claims Settle8 ment Act (43 U.S.C. 1626(c)(A)) is amended by striking 

9 ‘‘exceed $2,000 per individual per annum;’’ and inserting 

10 the following: ‘‘exceed— 

11 ‘‘(i) for any calendar year preceding 2020, 

12 $2,000 per individual per annum; and 

13 ‘‘(ii) for calendar year 2020 and all subse14 quent calendar years, $5,000 per individual per 

15 annum, to be adjusted for inflation in calendar 

16 year 2025, and every 5 years thereafter, by in17 creasing the amount provided under this sub18 paragraph for the preceding year by the per19 centage increase in the Consumer Price Index 

20 for All Urban Consumers, as published by the 

21 Bureau of Labor Statistics, during the pre22 ceding 5-year period;’’. 

23 SEC. 3. ELIGIBILITY FOR CERTAIN PROGRAMS. 

24 Section 29(c) of the Alaska Native Claims Settlement 

25 Act (43 U.S.C. 1626(c)) is amended— 


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1 (1) in subparagraph (D) following the undesig2 nated matter following paragraph (3), by striking 

3 ‘‘and’’ at the end; 

4 (2) in subparagraph (E) following the undesig5 nated matter following paragraph (3), by striking 

6 the period at the end and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(F) an amount distributed or benefit pro9 vided by a Settlement Trust to a Native or de10 scendant of a Native who is 65 years of age or 

11 older.’’. 

12 SEC. 4. CANYON VILLAGE. 

13 (a) CONVEYANCE.—Notwithstanding section 

14 2653.3(c) of title 43, Code of Federal Regulations (or suc15 cessor regulations), or the withdrawal made by section 

16 303(2)(A) of the Alaska National Interest Lands Con17 servation Act (Public Law 96–487; 94 Stat. 2390), the 

18 Secretary of the Interior (referred to in this section as 

19 the ‘‘Secretary’’) shall convey to Kian Tr’ee Corporation, 

20 for the Native Village of Canyon Village, the surface estate 

21 in the land selected by the Kian Tr’ee Corporation pursu22 ant to section 14(h)(2) of the Alaska Native Claims Settle23 ment Act (43 U.S.C. 1613(h)(2)). 

24 (b) LIMITATION.—The conveyance under subsection 

25 (a) shall not exceed 6,400 acres. 


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1 (c) SUBSURFACE ESTATE.— 

2 (1) IN GENERAL.—Unless Doyon, Limited, 

3 elects to receive conveyance under paragraph (2), 

4 the Secretary shall convey to Doyon, Limited, the 

5 subsurface estate in the land conveyed under sub6 section (a). 

7 (2) ALTERNATE SELECTION.—At the option of 

8 Doyon, Limited, in lieu of accepting the conveyance 

9 under paragraph (1)— 

10 (A) Doyon, Limited, may receive a convey11 ance from existing selections on land withdrawn 

12 pursuant to section 11(a)(3) of the Alaska Na13 tive Claims Settlement Act (43 U.S.C. 

14 1610(a)(3)) that is equal in acreage to the sub15 surface that would otherwise be conveyed under 

16 paragraph (1); 

17 (B) Doyon, Limited, shall notify the Sec18 retary (acting through the Alaska State Office 

19 of the Bureau of Land Management) of the 

20 preference of Doyon, Limited, not later than 90 

21 days after the date of enactment of this Act; 

22 and 

23 (C) the Secretary shall convey to Doyon, 

24 Limited, the subsurface estate selected under 

25 subparagraph (A). 


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1 SEC. 5. KAKTOVIK INUPIAT CORPORATION. 

2 In order to fulfill the legal and moral obligation of 

3 the United States to convey certain land to the Alaska 

4 Native Corporations for the community of Kaktovik, Alas5 ka, in fulfillment of aboriginal land claims and to clarify 

6 land ownership patterns within the Coastal Plain of the 

7 Arctic National Wildlife Refuge, notwithstanding section 

8 1302(h)(2) of the Alaska National Interest Lands Con9 servation Act (16 U.S.C. 3192(h)(2)), the Secretary of the 

10 Interior shall convey— 

11 (1) to the Kaktovik Inupiat Corporation the 

12 surface estate of the land described in paragraph 1 

13 of Public Land Order 6959 (58 Fed. Reg. 14323), 

14 to the extent necessary to fulfill the entitlement of 

15 the Corporation under section 12 of the Alaska Na16 tive Claims Settlement Act (43 U.S.C. 1611) in ac17 cordance with the terms and conditions of the 

18 Agreement between the Department of the Interior, 

19 the United States Fish and Wildlife Service, the Bu20 reau of Land Management, and the Kaktovik 

21 Inupiat Corporation, effective January 22, 1993; 

22 and 

23 (2) to the Arctic Slope Regional Corporation 

24 the remaining subsurface estate to which the Cor25 poration is entitled pursuant to the Agreement beVerDate Sep 11 2014 04:33 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4889.IS S4889

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1 tween the Arctic Slope Regional Corporation and the 

2 United States of America dated August 9, 1983. 

3 SEC. 6. REVERSION OF CERTAIN LAND CONVEYED IN 

4 TRUST TO STATE OF ALASKA. 

5 Section 14(c) of the Alaska Native Claims Settlement 

6 Act (43 U.S.C. 1613(c)) is amended— 

7 (1) by redesignating paragraphs (1) through 

8 (5) as subparagraphs (A) through (E), respectively, 

9 and indenting appropriately; 

10 (2) in the matter preceding subparagraph (A) 

11 (as so redesignated), by striking ‘‘(c) Each patent’’ 

12 and inserting the following: 

13 ‘‘(c) CONVEYANCE OF CERTAIN LAND BY VILLAGE

14 CORPORATION.— 

15 ‘‘(1) IN GENERAL.—Each patent’’; 

16 (3) in paragraph (1) (as so designated), in the 

17 undesignated matter following subparagraph (E) (as 

18 so redesignated), in the first sentence— 

19 (A) by striking ‘‘section 14(c) of this Act’’ 

20 and inserting ‘‘this subsection’’; and 

21 (B) by striking ‘‘There is authorized’’ and 

22 inserting the following: 

23 ‘‘(2) TECHNICAL ASSISTANCE.— 

24 ‘‘(A) IN GENERAL.—There are author25 ized’’; 


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1 (4) in paragraph (2)(A) (as so redesignated), in 

2 the second sentence, by striking ‘‘The Secretary’’ 

3 and inserting the following: 

4 ‘‘(B) FORM OF FUNDING.—The Sec5 retary’’; and 

6 (5) in paragraph (1) (as so designated)— 

7 (A) in each of subparagraphs (A) and (B) 

8 (as so redesignated)— 

9 (i) by striking ‘‘the’’ the first place it 

10 appears and inserting ‘‘The’’; and 

11 (ii) by striking the semicolon at the 

12 end and inserting a period; 

13 (B) in subparagraph (D) (as so redesig14 nated), by striking ‘‘the’’ the first place it ap15 pears and inserting ‘‘The’’; 

16 (C) by striking ‘‘existed as of’’ in subpara17 graph (D) (as so redesignated) and all that fol18 lows through ‘‘for’’ in subparagraph (E) (as so 

19 redesignated) and inserting the following: ‘‘ex20 isted as of December 18, 1971. 

21 ‘‘(E) For’’; and 

22 (D) in subparagraph (C) (as so redesig23 nated)— 

24 (i) by striking the semicolon at the 

25 end and inserting a period; 


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1 (ii) by striking ‘‘in trust: Provided 

2 however, That the word’’ and all that fol3 lows through ‘‘sentence,’’ and inserting the 

4 following: ‘‘in trust. 

5 ‘‘(II) DEFINITION OF SALE.— 

6 For purposes of subclause (I), the 

7 term ‘sale’ ’’; 

8 (iii) by striking ‘‘one thousand two 

9 hundred and eighty acres: Provided further, 

10 That any net’’ and inserting the following: 

11 ‘‘1,280 acres. 

12 ‘‘(iii) NET REVENUES.— 

13 ‘‘(I) IN GENERAL.—Any net’’; 

14 (iv) by striking ‘‘community needs: 

15 Provided, That the’’ and inserting the fol16 lowing: ‘‘community needs. 

17 ‘‘(ii) MINIMUM ACREAGE.—The’’; 

18 (v) by striking ‘‘(C) the Village Cor19 poration’’ and inserting the following: 

20 ‘‘(C) CONVEYANCE TO MUNICIPAL COR21 PORATION OR STATE IN TRUST.— 

22 ‘‘(i) IN GENERAL.—The Village Cor23 poration’’; and 

24 (vi) by adding at the end the fol25 lowing: 


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1 ‘‘(iv) CASES IN WHICH CONVEYANCE

2 SHALL NOT BE REQUIRED.— 

3 ‘‘(I) IN GENERAL.—Notwith4 standing any other provision of this 

5 subparagraph, if a Village Corpora6 tion, prior to the date of enactment of 

7 the Alaska Native Claims Settlement 

8 Act Fulfillment Act of 2020, conveyed 

9 to the State in trust all or a portion 

10 of the acreage of land required to be 

11 conveyed under this subparagraph for 

12 the establishment of a Municipal Cor13 poration in the future, and a Munic14 ipal Corporation has not been estab15 lished as of that date of enactment, 

16 on formal resolution by the Village 

17 Corporation and the residents of the 

18 Native village requesting dissolution 

19 of the trust, the trust shall be dis20 solved and title to the land shall re21 vert to the Village Corporation, sub22 ject to subclause (III). 

23 ‘‘(II) ADDITIONAL LAND.—Not24 withstanding any other provision of 

25 this subparagraph, as of the date of 


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1 enactment of the Alaska Native 

2 Claims Settlement Act Fulfillment Act 

3 of 2020, a Village Corporation shall 

4 not be required to convey any addi5 tional land in trust under this sub6 paragraph for the establishment of a 

7 Municipal Corporation in the future. 

8 ‘‘(III) REQUIREMENTS.—In ac9 cordance with subsection (g)— 

10 ‘‘(aa) the reversion of land 

11 to a Village Corporation pursuant 

12 to subclause (I) shall be subject 

13 to— 

14 ‘‘(AA) valid existing 

15 rights, including valid exist16 ing rights created by the ap17 plicable trust; and 

18 ‘‘(BB) any existing 

19 easements, rights-of-way 

20 necessary for public roadway 

21 access, or rights-of-way for 

22 access of holders of valid ex23 isting rights; and 

24 ‘‘(bb) the Village Corpora25 tion shall assume the obligations 


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1 of the applicable trust with re2 spect to any lease or other use 

3 agreement applicable to the land 

4 on reversion of the land to the 

5 Village Corporation pursuant to 

6 subclause (I).’’. 

7 SEC. 7. RECOGNITION AND COMPENSATION OF UNRECOG8 NIZED NATIVE COMMUNITIES IN SOUTHEAST 

9 ALASKA. 

10 (a) PURPOSE.—The purpose of this section is to re11 dress the omission of the southeastern Alaska commu12 nities of Haines, Ketchikan, Petersburg, Tenakee, and 

13 Wrangell from eligibility under the Alaska Native Claims 

14 Settlement Act (43 U.S.C. 1601 et seq.) by authorizing 

15 the Alaska Natives enrolled in those communities— 

16 (1) to form Urban Corporations for the commu17 nities of Haines, Ketchikan, Petersburg, Tenakee, 

18 and Wrangell under the Alaska Native Claims Set19 tlement Act (43 U.S.C. 1601 et seq.); and 

20 (2) to receive certain settlement land pursuant 

21 to that Act. 

22 (b) ESTABLISHMENT OF ADDITIONAL NATIVE COR23 PORATIONS.—Section 16 of the Alaska Native Claims Set24 tlement Act (43 U.S.C. 1615) is amended by adding at 

25 the end the following: 


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1 ‘‘(e) NATIVE VILLAGES OF HAINES, KETCHIKAN, PE2 TERSBURG, TENAKEE, AND WRANGELL, ALASKA.— 

3 ‘‘(1) IN GENERAL.—The Native residents of 

4 each of the Native Villages of Haines, Ketchikan, 

5 Petersburg, Tenakee, and Wrangell, Alaska, may or6 ganize as Urban Corporations. 

7 ‘‘(2) EFFECT ON ENTITLEMENT TO LAND.— 

8 Nothing in this subsection affects any entitlement to 

9 land of any Native Corporation established before 

10 the date of enactment of this subsection pursuant to 

11 this Act or any other provision of law.’’. 

12 (c) SHAREHOLDER ELIGIBILITY.—Section 8 of the 

13 Alaska Native Claims Settlement Act (43 U.S.C. 1607) 

14 is amended by adding at the end the following: 

15 ‘‘(d) NATIVE VILLAGES OF HAINES, KETCHIKAN, 

16 PETERSBURG, TENAKEE, AND WRANGELL.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall enroll 

18 to each of the Urban Corporations for Haines, 

19 Ketchikan, Petersburg, Tenakee, or Wrangell those 

20 individual Natives who enrolled under this Act to the 

21 Native Villages of Haines, Ketchikan, Petersburg, 

22 Tenakee, or Wrangell, respectively. 

23 ‘‘(2) NUMBER OF SHARES.—Each Native who 

24 is enrolled to an Urban Corporation for Haines, 

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1 ant to paragraph (1) and who was enrolled as a 

2 shareholder of the Regional Corporation for South3 east Alaska shall receive 100 shares of Settlement 

4 Common Stock in the respective Urban Corporation. 

5 ‘‘(3) NATIVES RECEIVING SHARES THROUGH IN6 HERITANCE.—If a Native received shares of stock in 

7 the Regional Corporation for Southeast Alaska 

8 through inheritance from a decedent Native who 

9 originally enrolled to the Native Village of Haines, 

10 Ketchikan, Petersburg, Tenakee, or Wrangell and 

11 the decedent Native was not a shareholder in a Vil12 lage Corporation or Urban Corporation, the Native 

13 shall receive the identical number of shares of Settle14 ment Common Stock in the Urban Corporation for 

15 Haines, Ketchikan, Petersburg, Tenakee, or 

16 Wrangell as the number of shares inherited by that 

17 Native from the decedent Native who would have 

18 been eligible to be enrolled to the respective Urban 

19 Corporation. 

20 ‘‘(4) EFFECT ON ENTITLEMENT TO LAND.— 

21 Nothing in this subsection affects entitlement to 

22 land of any Regional Corporation pursuant to sec23 tion 12(b) or 14(h)(8).’’. 


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1 (d) DISTRIBUTION RIGHTS.—Section 7 of the Alaska 

2 Native Claims Settlement Act (43 U.S.C. 1606) is amend3 ed— 

4 (1) in subsection (j)— 

5 (A) in the third sentence, by striking ‘‘In 

6 the case’’ and inserting the following: 

7 ‘‘(3) THIRTEENTH REGIONAL CORPORATION.— 

8 In the case’’; 

9 (B) in the second sentence, by striking 

10 ‘‘Not less’’ and inserting the following: 

11 ‘‘(2) MINIMUM ALLOCATION.—Not less’’; 

12 (C) by striking ‘‘(j) During’’ and inserting 

13 the following: 

14 ‘‘(j) DISTRIBUTION OF CORPORATE FUNDS AND

15 OTHER NET INCOME.— 

16 ‘‘(1) IN GENERAL.—During’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(4) NATIVE VILLAGES OF HAINES, KETCH19 IKAN, PETERSBURG, TENAKEE, AND WRANGELL.— 

20 Native members of the Native Villages of Haines, 

21 Ketchikan, Petersburg, Tenakee, and Wrangell who 

22 become shareholders in an Urban Corporation for 

23 such a Native Village shall continue to be eligible to 

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1 large shareholders of the Regional Corporation for 

2 Southeast Alaska.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(s) EFFECT OF AMENDATORY ACT.—The Alaska 

5 Native Claims Settlement Act Fulfillment Act of 2020 and 

6 the amendments made by that Act shall not affect— 

7 ‘‘(1) the ratio for determination of revenue dis8 tribution among Native Corporations under this sec9 tion; or 

10 ‘‘(2) the settlement agreement among Regional 

11 Corporations or Village Corporations or other provi12 sions of subsection (i) or (j).’’. 

13 (e) COMPENSATION.—The Alaska Native Claims Set14 tlement Act (43 U.S.C. 1601 et seq.) is amended by add15 ing at the end the following: 

16 ‘‘SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, 

17 PETERSBURG, TENAKEE, AND WRANGELL. 

18 ‘‘(a) DEFINITION OF URBAN CORPORATION.—In this 

19 section, the term ‘Urban Corporation’ means each of the 

20 Urban Corporations for Haines, Ketchikan, Petersburg, 

21 Tenakee, and Wrangell. 

22 ‘‘(b) CONVEYANCES OF LAND.— 

23 ‘‘(1) AUTHORIZATION.— 

24 ‘‘(A) CONVEYANCES TO URBAN CORPORA25 TIONS.—Subject to valid existing rights and 


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1 paragraphs (3), (4), (5), and (6), the Secretary 

2 shall convey— 

3 ‘‘(i) to the Urban Corporation for 

4 Haines, the surface estate in 12 parcels of 

5 Federal land comprising approximately 

6 23,040 acres, as generally depicted on the 

7 maps entitled ‘Haines Selections’, num8 bered 1 and 2, and dated November 2020; 

9 ‘‘(ii) to the Urban Corporation for 

10 Ketchikan, the surface estate in 9 parcels 

11 of Federal land comprising approximately 

12 23,040 acres, as generally depicted on the 

13 maps entitled ‘Ketchikan Selections’, num14 bered 1 through 4, and dated November 

15 2020; 

16 ‘‘(iii) to the Urban Corporation for 

17 Petersburg, the surface estate in 11 par18 cels of Federal land comprising approxi19 mately 23,040 acres, as generally depicted 

20 on the maps entitled ‘Petersburg Selec21 tions’, numbered 1 through 3, and dated 

22 November 2020; 

23 ‘‘(iv) to the Urban Corporation for 

24 Tenakee, the surface estate in 13 parcels 

25 of Federal land comprising approximately 


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1 23,040 acres, as generally depicted on the 

2 maps entitled ‘Tenakee Selections’, num3 bered 1 through 3, and dated November 

4 2020; and 

5 ‘‘(v) to the Urban Corporation for 

6 Wrangell, the surface estate in 13 parcels 

7 of Federal land comprising approximately 

8 23,040 acres, as generally depicted on the 

9 maps entitled ‘Wrangell Selections’, num10 bered 1 through 5, and dated November 

11 2020. 

12 ‘‘(B) CONVEYANCES TO REGIONAL COR13 PORATION FOR SOUTHEAST ALASKA.—Subject 

14 to valid existing rights, on the applicable date 

15 on which the surface estate in land is conveyed 

16 to an Urban Corporation under subparagraph 

17 (A), the Secretary shall convey to the Regional 

18 Corporation for Southeast Alaska the sub19 surface estate for that land. 

20 ‘‘(C) CONGRESSIONAL INTENT.—It is the 

21 intent of Congress that the Secretary convey 

22 the surface estates described in subparagraph 

23 (A) not later than the date that is 2 years after 

24 the applicable date of incorporation under sec25 tion 16(e)(1) of an Urban Corporation. 


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1 ‘‘(2) WITHDRAWAL.— 

2 ‘‘(A) IN GENERAL.—Subject to valid exist3 ing rights, the Federal land described in para4 graph (1) is withdrawn from all forms of— 

5 ‘‘(i) entry, appropriation, or disposal 

6 under the public land laws; 

7 ‘‘(ii) location, entry, and patent under 

8 the mining laws; 

9 ‘‘(iii) disposition under all laws per10 taining to mineral and geothermal leasing 

11 or mineral materials; and 

12 ‘‘(iv) selection under Public Law 85– 

13 508 (commonly known as the ‘Alaska 

14 Statehood Act’) (48 U.S.C. note prec. 21). 

15 ‘‘(B) TERMINATION.—The withdrawal 

16 under subparagraph (A) shall remain in effect 

17 until the date on which the Federal land is con18 veyed under paragraph (1). 

19 ‘‘(3) TREATMENT OF LAND CONVEYED.—Ex20 cept as otherwise provided in this section, any land 

21 conveyed to an Urban Corporation under paragraph 

22 (1)(A) shall be— 

23 ‘‘(A) considered to be land conveyed by the 

24 Secretary under section 14(h)(3); and 


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1 ‘‘(B) subject to all laws (including regula2 tions) applicable to entitlements under section 

3 14(h)(3), including section 907(d) of the Alaska 

4 National Interest Lands Conservation Act (43 

5 U.S.C. 1636(d)). 

6 ‘‘(4) PUBLIC EASEMENTS.— 

7 ‘‘(A) IN GENERAL.—The conveyance and 

8 patents for the land under paragraph (1)(A) 

9 shall be subject to the reservation of public 

10 easements under section 17(b). 

11 ‘‘(B) TERMINATION.—No public easement 

12 reserved on land conveyed under paragraph 

13 (1)(A) shall be terminated by the Secretary 

14 without publication of notice of the proposed 

15 termination in the Federal Register. 

16 ‘‘(C) RESERVATION OF EASEMENTS.—In 

17 the conveyance and patents for the land under 

18 paragraph (1)(A), the Secretary shall reserve 

19 the right of the Secretary to amend the convey20 ance and patents to include reservations of pub21 lic easements under section 17(b) until the com22 pletion of the easement reservation process. 

23 ‘‘(5) HUNTING, FISHING, RECREATION, AND AC24 CESS.— 


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1 ‘‘(A) IN GENERAL.—Any land conveyed 

2 under paragraph (1)(A), including access to the 

3 land through roadways, trails, and forest roads, 

4 shall remain open and available to subsistence 

5 uses, noncommercial recreational hunting and 

6 fishing, and other noncommercial recreational 

7 uses by the public under applicable law— 

8 ‘‘(i) without liability on the part of the 

9 Urban Corporation, except for willful acts 

10 of the Urban Corporation, to any user as 

11 a result of the use; and 

12 ‘‘(ii) subject to— 

13 ‘‘(I) any reasonable restrictions 

14 that may be imposed by the Urban 

15 Corporation on the public use— 

16 ‘‘(aa) to ensure public safe17 ty; 

18 ‘‘(bb) to minimize conflicts 

19 between recreational and com20 mercial uses; 

21 ‘‘(cc) to protect cultural re22 sources; 

23 ‘‘(dd) to conduct scientific 

24 research; or 


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1 ‘‘(ee) to provide environ2 mental protection; and 

3 ‘‘(II) the condition that the 

4 Urban Corporation post on any appli5 cable property, in accordance with 

6 State law, notices of the restrictions 

7 on use. 

8 ‘‘(B) EFFECT.—Access provided to any in9 dividual or entity under subparagraph (A) shall 

10 not— 

11 ‘‘(i) create an interest in any third 

12 party in the land conveyed under para13 graph (1)(A); or 

14 ‘‘(ii) provide standing to any third 

15 party in any review of, or challenge to, any 

16 determination by the Urban Corporation 

17 with respect to the management or devel18 opment of the land conveyed under para19 graph (1)(A), except as against the Urban 

20 Corporation for the management of public 

21 access under subparagraph (A). 

22 ‘‘(6) MISCELLANEOUS.— 

23 ‘‘(A) SPECIAL USE AUTHORIZATIONS.— 


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1 ‘‘(i) IN GENERAL.—On the conveyance 

2 of land to an Urban Corporation under 

3 paragraph (1)(A)— 

4 ‘‘(I) any guiding or outfitting 

5 special use authorization issued by the 

6 Forest Service for the use of the con7 veyed land shall terminate; and 

8 ‘‘(II) as a condition of the con9 veyance and consistent with section 

10 14(g), the Urban Corporation shall 

11 issue the holder of the special use au12 thorization terminated under sub13 clause (I) an authorization to continue 

14 the authorized use, subject to the 

15 terms and conditions that were in the 

16 special use authorization issued by the 

17 Forest Service, for— 

18 ‘‘(aa) the remainder of the 

19 term of the authorization; and 

20 ‘‘(bb) 1 additional consecu21 tive 10-year renewal period. 

22 ‘‘(ii) NOTICE OF COMMERCIAL ACTIVI23 TIES.—The Urban Corporation, and any 

24 holder of a guiding or outfitting authoriza25 tion under this subparagraph, shall have a 


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1 mutual obligation, subject to the guiding 

2 or outfitting authorization, to inform the 

3 other party of any commercial activities 

4 prior to engaging in the activities on the 

5 land conveyed to the Urban Corporation 

6 under paragraph (1)(A). 

7 ‘‘(iii) NEGOTIATION OF NEW

8 TERMS.—Nothing in this paragraph pre9 cludes the Urban Corporation and the 

10 holder of a guiding or outfitting authoriza11 tion from negotiating a new mutually 

12 agreeable guiding or outfitting authoriza13 tion. 

14 ‘‘(iv) LIABILITY.—Neither the Urban 

15 Corporation nor the United States shall 

16 bear any liability, except for willful acts of 

17 the Urban Corporation or the United 

18 States, regarding the use and occupancy of 

19 any land conveyed to the Urban Corpora20 tion under paragraph (1)(A), as provided 

21 in any outfitting or guiding authorization 

22 under this paragraph. 

23 ‘‘(B) ROADS AND FACILITIES.— 

24 ‘‘(i) IN GENERAL.—The Secretary of 

25 Agriculture shall negotiate in good faith 


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1 with the Urban Corporation to develop a 

2 binding agreement for— 

3 ‘‘(I) the use of National Forest 

4 System roads and related transpor5 tation facilities by the Urban Corpora6 tion; and 

7 ‘‘(II) the use of the roads and re8 lated transportation facilities of the 

9 Urban Corporation by the Forest 

10 Service and designees of the Forest 

11 Service. 

12 ‘‘(ii) TERMS AND CONDITIONS.—The 

13 binding agreement under clause (i)— 

14 ‘‘(I) shall provide that the State 

15 (including entities and designees of 

16 the State) shall be authorized to use 

17 the roads and related transportation 

18 facilities of the Urban Corporation on 

19 substantially similar terms as are pro20 vided by the Urban Corporation to the 

21 Forest Service; 

22 ‘‘(II) shall include restrictions on, 

23 and fees for, the use of the National 

24 Forest System roads and related 

25 transportation facilities in existence as 


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1 of the date of enactment of this sec2 tion, as necessary, that are reasonable 

3 and comparable to the restrictions 

4 and fees imposed by the Forest Serv5 ice for the use of the roads and re6 lated transportation facilities; and 

7 ‘‘(III) shall not restrict or limit 

8 any access to the roads and related 

9 transportation facilities of the Urban 

10 Corporation or the Forest Service that 

11 may be otherwise provided by valid ex12 isting rights and agreements in exist13 ence as of the date of enactment of 

14 this section. 

15 ‘‘(iii) INTENT OF CONGRESS.—It is 

16 the intent of Congress that the agreement 

17 under clause (i) shall be entered into as 

18 soon as practicable after the date of enact19 ment of this section and in any case by not 

20 later than 1 year after the date of incorpo21 ration of the Urban Corporation. 

22 ‘‘(iv) CONTINUED ACCESS.—Begin23 ning on the date on which the land is con24 veyed to the Urban Corporation under 

25 paragraph (1)(A) and ending on the effecVerDate Sep 11 2014 04:33 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4889.IS S4889

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1 tive date of a binding agreement entered 

2 into under clause (i), the Urban Corpora3 tion shall provide and allow administrative 

4 access to roads and related transportation 

5 facilities on the land under substantially 

6 similar terms as are provided by the For7 est Service as of the date of enactment of 

8 this section. 

9 ‘‘(C) EFFECT ON OTHER LAWS.— 

10 ‘‘(i) IN GENERAL.—Nothing in this 

11 section delays the duty of the Secretary to 

12 convey land to— 

13 ‘‘(I) the State under Public Law 

14 85–508 (commonly known as the 

15 ‘Alaska Statehood Act’) (48 U.S.C. 

16 note prec. 21); or 

17 ‘‘(II) a Native Corporation 

18 under— 

19 ‘‘(aa) this Act; or 

20 ‘‘(bb) the Alaska Land 

21 Transfer Acceleration Act (43 

22 U.S.C. 1611 note; Public Law 

23 108–452). 

24 ‘‘(ii) STATEHOOD ENTITLEMENT.— 


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1 ‘‘(I) IN GENERAL.—Statehood se2 lections under Public Law 85–508 

3 (commonly known as the ‘Alaska 

4 Statehood Act’) (48 U.S.C. note prec. 

5 21) are not displaced by the parcels of 

6 land described in clauses (i) through 

7 (v) of paragraph (1)(A). 

8 ‘‘(II) BOUNDARY ADJUST9 MENTS.—In the event of a dispute be10 tween an area selected as a Statehood 

11 selection and a parcel of land referred 

12 to in subclause (I), the Secretary shall 

13 work with the Urban Corporation and 

14 the State in good faith to adjust the 

15 boundary of the parcel to exclude any 

16 area selected as a Statehood selection. 

17 ‘‘(iii) CONVEYANCES.—The Secretary 

18 shall promptly proceed with the conveyance 

19 of all land necessary to fulfill the final en20 titlement of all Native Corporations in ac21 cordance with— 

22 ‘‘(I) this Act; and 

23 ‘‘(II) the Alaska Land Transfer 

24 Acceleration Act (43 U.S.C. 1611 

25 note; Public Law 108–452). 


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1 ‘‘(iv) FISH AND WILDLIFE.—Nothing 

2 in this section enlarges or diminishes the 

3 responsibility and authority of the State 

4 with respect to the management of fish 

5 and wildlife on public land in the State. 

6 ‘‘(D) MAPS.— 

7 ‘‘(i) AVAILABILITY.—Each map re8 ferred to in paragraph (1)(A) shall be 

9 available in the appropriate offices of the 

10 Secretary and the Secretary of Agriculture. 

11 ‘‘(ii) CORRECTIONS.—The Secretary, 

12 in consultation with the Secretary of Agri13 culture, may make any necessary correc14 tion to a clerical or typographical error in 

15 a map referred to in paragraph (1)(A). 

16 ‘‘(c) CONVEYANCE OF ROADS, TRAILS, LOG TRANS17 FER FACILITIES, LEASES, AND APPURTENANCES.— 

18 ‘‘(1) IN GENERAL.—The Secretary, without 

19 consideration or compensation, shall convey to each 

20 Urban Corporation, by quitclaim deed or patent, all 

21 right, title, and interest of the United States in all 

22 roads, trails, log transfer facilities, leases, and ap23 purtenances on or related to the land conveyed to 

24 the Urban Corporation under subsection (b)(1)(A). 


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1 ‘‘(2) CONDITIONS.—The conveyance under 

2 paragraph (1) shall be subject to— 

3 ‘‘(A) section 14(g); and 

4 ‘‘(B) all valid existing rights, including any 

5 reciprocal rights-of-way, easements, or agree6 ments for the use of the roads, trails, log trans7 fer facilities, leases, and appurtenances con8 veyed under paragraph (1). 

9 ‘‘(3) CONTINUATION OF AGREEMENTS.— 

10 ‘‘(A) IN GENERAL.—On or before the date 

11 on which land is conveyed to an Urban Cor12 poration under subsection (b)(1)(A), the Sec13 retary shall provide to the Urban Corporation 

14 notice of all reciprocal rights-of-way, easements, 

15 and agreements for use of the roads, trails, log 

16 transfer facilities, leases, and appurtenances on 

17 or related to the land in existence as of the date 

18 of enactment of this section. 

19 ‘‘(B) REQUIREMENT.—In accordance with 

20 section 14(g), any right-of-way, easement, or 

21 agreement described in subparagraph (A) shall 

22 continue unless the right-of-way, easement, or 

23 agreement— 

24 ‘‘(i) expires under its own terms; or 

25 ‘‘(ii) is mutually renegotiated. 


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1 ‘‘(d) SETTLEMENT TRUST.— 

2 ‘‘(1) IN GENERAL.—Each Urban Corporation 

3 may establish a settlement trust in accordance with 

4 section 39 for the purposes of promoting the health, 

5 education, and welfare of the trust beneficiaries, and 

6 preserving the Native heritage and culture, of the 

7 community of Haines, Ketchikan, Petersburg, 

8 Tenakee, or Wrangell, as applicable. 

9 ‘‘(2) PROCEEDS AND INCOME.—The proceeds 

10 and income from the principal of a trust established 

11 under paragraph (1) shall— 

12 ‘‘(A) first be applied to the support of 

13 those enrollees, and the descendants of the en14 rollees, who are elders or minor children; and 

15 ‘‘(B) thereafter to the support of all other 

16 enrollees. 

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to the Secretary 

19 $12,500,000, to be used by the Secretary to provide 5 

20 grants in the amount of $2,500,000 each, to be used only 

21 for activities that support the implementation of this sec22 tion, including planning and development.’’. 

Æ 


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