II 

116TH CONGRESS 

2D SESSION S. 4891 

To provide for the recognition of certain Alaska Native communities and 

the settlement of certain claims under the Alaska Native Claims Settlement Act, 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 provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the 

Alaska Native Claims Settlement Act, 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 ‘‘Unrecognized South5 east Alaska Native Communities Recognition and Com6 pensation Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to redress the omission 

3 of the southeastern Alaska communities of Haines, Ketch4 ikan, Petersburg, Tenakee, and Wrangell from eligibility 

5 under the Alaska Native Claims Settlement Act (43 

6 U.S.C. 1601 et seq.) by authorizing the Alaska Natives 

7 enrolled in the communities— 

8 (1) to form Urban Corporations for the commu9 nities of Haines, Ketchikan, Petersburg, Tenakee, 

10 and Wrangell under the Alaska Native Claims Set11 tlement Act (43 U.S.C. 1601 et seq.); and 

12 (2) to receive certain settlement land pursuant 

13 to that Act. 

14 SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE COR15 PORATIONS. 

16 Section 16 of the Alaska Native Claims Settlement 

17 Act (43 U.S.C. 1615) is amended by adding at the end 

18 the following: 

19 ‘‘(e) NATIVE VILLAGES OF HAINES, KETCHIKAN, PE20 TERSBURG, TENAKEE, AND WRANGELL, ALASKA.— 

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

22 each of the Native Villages of Haines, Ketchikan, 

23 Petersburg, Tenakee, and Wrangell, Alaska, may or24 ganize as Urban Corporations. 

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

26 Nothing in this subsection affects any entitlement to 


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1 land of any Native Corporation established before 

2 the date of enactment of this subsection pursuant to 

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

4 SEC. 4. SHAREHOLDER ELIGIBILITY. 

5 Section 8 of the Alaska Native Claims Settlement Act 

6 (43 U.S.C. 1607) is amended by adding at the end the 

7 following: 

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

9 PETERSBURG, TENAKEE, AND WRANGELL.— 

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

11 to each of the Urban Corporations for Haines, 

12 Ketchikan, Petersburg, Tenakee, or Wrangell those 

13 individual Natives who enrolled under this Act to the 

14 Native Villages of Haines, Ketchikan, Petersburg, 

15 Tenakee, or Wrangell, respectively. 

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

17 is enrolled to an Urban Corporation for Haines, 

18 Ketchikan, Petersburg, Tenakee, or Wrangell pursu19 ant to paragraph (1) and who was enrolled as a 

20 shareholder of the Regional Corporation for South21 east Alaska shall receive 100 shares of Settlement 

22 Common Stock in the respective Urban Corporation. 

23 ‘‘(3) NATIVES RECEIVING SHARES THROUGH IN24 HERITANCE.—If a Native received shares of stock in 

25 the Regional Corporation for Southeast Alaska 


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1 through inheritance from a decedent Native who 

2 originally enrolled to the Native Village of Haines, 

3 Ketchikan, Petersburg, Tenakee, or Wrangell and 

4 the decedent Native was not a shareholder in a Vil5 lage Corporation or Urban Corporation, the Native 

6 shall receive the identical number of shares of Settle7 ment Common Stock in the Urban Corporation for 

8 Haines, Ketchikan, Petersburg, Tenakee, or 

9 Wrangell as the number of shares inherited by that 

10 Native from the decedent Native who would have 

11 been eligible to be enrolled to the respective Urban 

12 Corporation. 

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

14 Nothing in this subsection affects entitlement to 

15 land of any Regional Corporation pursuant to sec16 tion 12(b) or 14(h)(8).’’. 

17 SEC. 5. DISTRIBUTION RIGHTS. 

18 Section 7 of the Alaska Native Claims Settlement Act 

19 (43 U.S.C. 1606) is amended— 

20 (1) in subsection (j)— 

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

22 the case’’ and inserting the following: 

23 ‘‘(3) THIRTEENTH REGIONAL CORPORATION.— 

24 In the case’’; 


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1 (B) in the second sentence, by striking 

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

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

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

5 the following: 

6 ‘‘(j) DISTRIBUTION OF CORPORATE FUNDS AND

7 OTHER NET INCOME.— 

8 ‘‘(1) IN GENERAL.—During’’; and 

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

10 ‘‘(4) NATIVE VILLAGES OF HAINES, KETCH11 IKAN, PETERSBURG, TENAKEE, AND WRANGELL.— 

12 Native members of the Native Villages of Haines, 

13 Ketchikan, Petersburg, Tenakee, and Wrangell who 

14 become shareholders in an Urban Corporation for 

15 such a Native Village shall continue to be eligible to 

16 receive distributions under this subsection as at17 large shareholders of the Regional Corporation for 

18 Southeast Alaska.’’; and 

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

20 ‘‘(s) EFFECT OF AMENDATORY ACT.—The Unrecog21 nized Southeast Alaska Native Communities Recognition 

22 and Compensation Act and the amendments made by that 

23 Act shall not affect— 


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1 ‘‘(1) the ratio for determination of revenue dis2 tribution among Native Corporations under this sec3 tion; or 

4 ‘‘(2) the settlement agreement among Regional 

5 Corporations or Village Corporations or other provi6 sions of subsection (i) or (j).’’. 

7 SEC. 6. COMPENSATION. 

8 The Alaska Native Claims Settlement Act (43 U.S.C. 

9 1601 et seq.) is amended by adding at the end the fol10 lowing: 

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

12 PETERSBURG, TENAKEE, AND WRANGELL. 

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

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

15 Urban Corporations for Haines, Ketchikan, Petersburg, 

16 Tenakee, and Wrangell. 

17 ‘‘(b) CONVEYANCES OF LAND.— 

18 ‘‘(1) AUTHORIZATION.— 

19 ‘‘(A) CONVEYANCES TO URBAN CORPORA20 TIONS.—Subject to valid existing rights and 

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

22 shall convey— 

23 ‘‘(i) to the Urban Corporation for 

24 Haines, the surface estate in 12 parcels of 

25 Federal land comprising approximately 


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1 23,040 acres, as generally depicted on the 

2 maps entitled ‘Haines Selections’, num3 bered 1 and 2, and dated November 2020; 

4 ‘‘(ii) to the Urban Corporation for 

5 Ketchikan, the surface estate in 9 parcels 

6 of Federal land comprising approximately 

7 23,040 acres, as generally depicted on the 

8 maps entitled ‘Ketchikan Selections’, num9 bered 1 through 4, and dated November 

10 2020; 

11 ‘‘(iii) to the Urban Corporation for 

12 Petersburg, the surface estate in 11 par13 cels of Federal land comprising approxi14 mately 23,040 acres, as generally depicted 

15 on the maps entitled ‘Petersburg Selec16 tions’, numbered 1 through 3, and dated 

17 November 2020; 

18 ‘‘(iv) to the Urban Corporation for 

19 Tenakee, the surface estate in 13 parcels 

20 of Federal land comprising approximately 

21 23,040 acres, as generally depicted on the 

22 maps entitled ‘Tenakee Selections’, num23 bered 1 through 3, and dated November 

24 2020; and 


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1 ‘‘(v) to the Urban Corporation for 

2 Wrangell, the surface estate in 13 parcels 

3 of Federal land comprising approximately 

4 23,040 acres, as generally depicted on the 

5 maps entitled ‘Wrangell Selections’, num6 bered 1 through 5, and dated November 

7 2020. 

8 ‘‘(B) CONVEYANCES TO REGIONAL COR9 PORATION FOR SOUTHEAST ALASKA.—Subject 

10 to valid existing rights, on the applicable date 

11 on which the surface estate in land is conveyed 

12 to an Urban Corporation under subparagraph 

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

14 Corporation for Southeast Alaska the sub15 surface estate for that land. 

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

17 intent of Congress that the Secretary convey 

18 the surface estates described in subparagraph 

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

20 the applicable date of incorporation under sec21 tion 16(e)(1) of an Urban Corporation. 

22 ‘‘(2) WITHDRAWAL.— 

23 ‘‘(A) IN GENERAL.—Subject to valid exist24 ing rights, the Federal land described in para25 graph (1) is withdrawn from all forms of— 


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

2 under the public land laws; 

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

4 the mining laws; 

5 ‘‘(iii) disposition under all laws per6 taining to mineral and geothermal leasing 

7 or mineral materials; and 

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

9 508 (commonly known as the ‘Alaska 

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

11 ‘‘(B) TERMINATION.—The withdrawal 

12 under subparagraph (A) shall remain in effect 

13 until the date on which the Federal land is con14 veyed under paragraph (1). 

15 ‘‘(3) TREATMENT OF LAND CONVEYED.—Ex16 cept as otherwise provided in this section, any land 

17 conveyed to an Urban Corporation under paragraph 

18 (1)(A) shall be— 

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

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

21 ‘‘(B) subject to all laws (including regula22 tions) applicable to entitlements under section 

23 14(h)(3), including section 907(d) of the Alaska 

24 National Interest Lands Conservation Act (43 

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


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1 ‘‘(4) PUBLIC EASEMENTS.— 

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

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

4 shall be subject to the reservation of public 

5 easements under section 17(b). 

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

7 reserved on land conveyed under paragraph 

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

9 without publication of notice of the proposed 

10 termination in the Federal Register. 

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

12 the conveyance and patents for the land under 

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

14 the right of the Secretary to amend the convey15 ance and patents to include reservations of pub16 lic easements under section 17(b) until the com17 pletion of the easement reservation process. 

18 ‘‘(5) HUNTING, FISHING, RECREATION, AND AC19 CESS.— 

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

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

22 land through roadways, trails, and forest roads, 

23 shall remain open and available to subsistence 

24 uses, noncommercial recreational hunting and 


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1 fishing, and other noncommercial recreational 

2 uses by the public under applicable law— 

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

4 Urban Corporation, except for willful acts 

5 of the Urban Corporation, to any user as 

6 a result of the use; and 

7 ‘‘(ii) subject to— 

8 ‘‘(I) any reasonable restrictions 

9 that may be imposed by the Urban 

10 Corporation on the public use— 

11 ‘‘(aa) to ensure public safe12 ty; 

13 ‘‘(bb) to minimize conflicts 

14 between recreational and com15 mercial uses; 

16 ‘‘(cc) to protect cultural re17 sources; 

18 ‘‘(dd) to conduct scientific 

19 research; or 

20 ‘‘(ee) to provide environ21 mental protection; and 

22 ‘‘(II) the condition that the 

23 Urban Corporation post on any appli24 cable property, in accordance with 


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1 State law, notices of the restrictions 

2 on use. 

3 ‘‘(B) EFFECT.—Access provided to any in4 dividual or entity under subparagraph (A) shall 

5 not— 

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

7 party in the land conveyed under para8 graph (1)(A); or 

9 ‘‘(ii) provide standing to any third 

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

11 determination by the Urban Corporation 

12 with respect to the management or devel13 opment of the land conveyed under para14 graph (1)(A), except as against the Urban 

15 Corporation for the management of public 

16 access under subparagraph (A). 

17 ‘‘(6) MISCELLANEOUS.— 

18 ‘‘(A) SPECIAL USE AUTHORIZATIONS.— 

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

20 of land to an Urban Corporation under 

21 paragraph (1)(A)— 

22 ‘‘(I) any guiding or outfitting 

23 special use authorization issued by the 

24 Forest Service for the use of the con25 veyed land shall terminate; and 


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1 ‘‘(II) as a condition of the con2 veyance and consistent with section 

3 14(g), the Urban Corporation shall 

4 issue the holder of the special use au5 thorization terminated under sub6 clause (I) an authorization to continue 

7 the authorized use, subject to the 

8 terms and conditions that were in the 

9 special use authorization issued by the 

10 Forest Service, for— 

11 ‘‘(aa) the remainder of the 

12 term of the authorization; and 

13 ‘‘(bb) 1 additional consecu14 tive 10-year renewal period. 

15 ‘‘(ii) NOTICE OF COMMERCIAL ACTIVI16 TIES.—The Urban Corporation, and any 

17 holder of a guiding or outfitting authoriza18 tion under this subparagraph, shall have a 

19 mutual obligation, subject to the guiding 

20 or outfitting authorization, to inform the 

21 other party of any commercial activities 

22 prior to engaging in the activities on the 

23 land conveyed to the Urban Corporation 

24 under paragraph (1)(A). 


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1 ‘‘(iii) NEGOTIATION OF NEW

2 TERMS.—Nothing in this paragraph pre3 cludes the Urban Corporation and the 

4 holder of a guiding or outfitting authoriza5 tion from negotiating a new mutually 

6 agreeable guiding or outfitting authoriza7 tion. 

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

9 Corporation nor the United States shall 

10 bear any liability, except for willful acts of 

11 the Urban Corporation or the United 

12 States, regarding the use and occupancy of 

13 any land conveyed to the Urban Corpora14 tion under paragraph (1)(A), as provided 

15 in any outfitting or guiding authorization 

16 under this paragraph. 

17 ‘‘(B) ROADS AND FACILITIES.— 

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

19 Agriculture shall negotiate in good faith 

20 with the Urban Corporation to develop a 

21 binding agreement for— 

22 ‘‘(I) the use of National Forest 

23 System roads and related transpor24 tation facilities by the Urban Corpora25 tion; and 


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1 ‘‘(II) the use of the roads and re2 lated transportation facilities of the 

3 Urban Corporation by the Forest 

4 Service and designees of the Forest 

5 Service. 

6 ‘‘(ii) TERMS AND CONDITIONS.—The 

7 binding agreement under clause (i)— 

8 ‘‘(I) shall provide that the State 

9 (including entities and designees of 

10 the State) shall be authorized to use 

11 the roads and related transportation 

12 facilities of the Urban Corporation on 

13 substantially similar terms as are pro14 vided by the Urban Corporation to the 

15 Forest Service; 

16 ‘‘(II) shall include restrictions on, 

17 and fees for, the use of the National 

18 Forest System roads and related 

19 transportation facilities in existence as 

20 of the date of enactment of this sec21 tion, as necessary, that are reasonable 

22 and comparable to the restrictions 

23 and fees imposed by the Forest Serv24 ice for the use of the roads and re25 lated transportation facilities; and 


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1 ‘‘(III) shall not restrict or limit 

2 any access to the roads and related 

3 transportation facilities of the Urban 

4 Corporation or the Forest Service that 

5 may be otherwise provided by valid ex6 isting rights and agreements in exist7 ence as of the date of enactment of 

8 this section. 

9 ‘‘(iii) INTENT OF CONGRESS.—It is 

10 the intent of Congress that the agreement 

11 under clause (i) shall be entered into as 

12 soon as practicable after the date of enact13 ment of this section and in any case by not 

14 later than 1 year after the date of incorpo15 ration of the Urban Corporation. 

16 ‘‘(iv) CONTINUED ACCESS.—Begin17 ning on the date on which the land is con18 veyed to the Urban Corporation under 

19 paragraph (1)(A) and ending on the effec20 tive date of a binding agreement entered 

21 into under clause (i), the Urban Corpora22 tion shall provide and allow administrative 

23 access to roads and related transportation 

24 facilities on the land under substantially 

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1 est Service as of the date of enactment of 

2 this section. 

3 ‘‘(C) EFFECT ON OTHER LAWS.— 

4 ‘‘(i) IN GENERAL.—Nothing in this 

5 section delays the duty of the Secretary to 

6 convey land to— 

7 ‘‘(I) the State under Public Law 

8 85–508 (commonly known as the 

9 ‘Alaska Statehood Act’) (48 U.S.C. 

10 note prec. 21); or 

11 ‘‘(II) a Native Corporation 

12 under— 

13 ‘‘(aa) this Act; or 

14 ‘‘(bb) the Alaska Land 

15 Transfer Acceleration Act (43 

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

17 108–452). 

18 ‘‘(ii) STATEHOOD ENTITLEMENT.— 

19 ‘‘(I) IN GENERAL.—Statehood se20 lections under Public Law 85–508 

21 (commonly known as the ‘Alaska 

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

23 21) are not displaced by the parcels of 

24 land described in clauses (i) through 

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


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1 ‘‘(II) BOUNDARY ADJUST2 MENTS.—In the event of a dispute be3 tween an area selected as a Statehood 

4 selection and a parcel of land referred 

5 to in subclause (I), the Secretary shall 

6 work with the Urban Corporation and 

7 the State in good faith to adjust the 

8 boundary of the parcel to exclude any 

9 area selected as a Statehood selection. 

10 ‘‘(iii) CONVEYANCES.—The Secretary 

11 shall promptly proceed with the conveyance 

12 of all land necessary to fulfill the final en13 titlement of all Native Corporations in ac14 cordance with— 

15 ‘‘(I) this Act; and 

16 ‘‘(II) the Alaska Land Transfer 

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

18 note; Public Law 108–452). 

19 ‘‘(iv) FISH AND WILDLIFE.—Nothing 

20 in this section enlarges or diminishes the 

21 responsibility and authority of the State 

22 with respect to the management of fish 

23 and wildlife on public land in the State. 

24 ‘‘(D) MAPS.— 


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1 ‘‘(i) AVAILABILITY.—Each map re2 ferred to in paragraph (1)(A) shall be 

3 available in the appropriate offices of the 

4 Secretary and the Secretary of Agriculture. 

5 ‘‘(ii) CORRECTIONS.—The Secretary, 

6 in consultation with the Secretary of Agri7 culture, may make any necessary correc8 tion to a clerical or typographical error in 

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

10 ‘‘(c) CONVEYANCE OF ROADS, TRAILS, LOG TRANS11 FER FACILITIES, LEASES, AND APPURTENANCES.— 

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

13 consideration or compensation, shall convey to each 

14 Urban Corporation, by quitclaim deed or patent, all 

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

16 roads, trails, log transfer facilities, leases, and ap17 purtenances on or related to the land conveyed to 

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

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

20 paragraph (1) shall be subject to— 

21 ‘‘(A) section 14(g); and 

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

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1 fer facilities, leases, and appurtenances con2 veyed under paragraph (1). 

3 ‘‘(3) CONTINUATION OF AGREEMENTS.— 

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

5 on which land is conveyed to an Urban Cor6 poration under subsection (b)(1)(A), the Sec7 retary shall provide to the Urban Corporation 

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

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

10 transfer facilities, leases, and appurtenances on 

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

12 of enactment of this section. 

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

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

15 agreement described in subparagraph (A) shall 

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

17 agreement— 

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

19 ‘‘(ii) is mutually renegotiated. 

20 ‘‘(d) SETTLEMENT TRUST.— 

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

22 may establish a settlement trust in accordance with 

23 section 39 for the purposes of promoting the health, 

24 education, and welfare of the trust beneficiaries, and 

25 preserving the Native heritage and culture, of the 


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1 community of Haines, Ketchikan, Petersburg, 

2 Tenakee, or Wrangell, as applicable. 

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

4 and income from the principal of a trust established 

5 under paragraph (1) shall— 

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

7 those enrollees, and the descendants of the en8 rollees, who are elders or minor children; and 

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

10 enrollees. 

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

12 is authorized to be appropriated to the Secretary 

13 $12,500,000, to be used by the Secretary to provide 5 

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

15 for activities that support the implementation of this sec16 tion, including planning and development.’’. 

Æ 


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