I

104TH CONGRESS

1ST SESSION H. R. 2413

To transfer the Tongass National Forest to the State of Alaska.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1995

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

Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To transfer the Tongass National Forest to the State of

Alaska.

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 ‘‘Tongass Transfer and

5 Transition Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) It is in the public interest to provide a

9 mechanism to transfer ownership of the Tongass
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1 National Forest to the State of Alaska to be man2 aged and operated under the laws of the State of

3 Alaska.

4 (2) The State of Alaska is the level of govern5 ment that is most sensitive to the ecologic and eco6 nomic needs of the people of the Tongass and other

7 Alaskans.

8 (3) The State of Alaska is committed to policies

9 in connection with the Tongass that include in10 formed decisionmaking, prudent management of

11 Tongass resources with sound science, multiple, bal12 anced, and sustainable use of Tongass resources, an

13 inclusive planning process for the diverse interests

14 associated with the Tongass, and planning that

15 fosters consensus.

16 (4) It is appropriate for the State level of gov17 ernment to own and manage the land area now com18 prising Tongass National Forest and to provide the

19 best ecologic and economic balance in the Southeast

20 Alaska area that comprises the Tongass National

21 Forest.

22 (5) Without Federal constraints and costs, the

23 State of Alaska is in a better position to balance the

24 diverse needs and interests of those concerned with

25 the future of the Tongass.
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1 (6) It is necessary to provide a smooth transi2 tion between Federal and State ownership and con3 trol and to resolve as many issues as possible prior

4 to State ownership and control.

5 SEC. 3. DEFINITIONS.

6 For purposes of this Act:

7 (1) The term ‘‘Secretary’’ means the Secretary

8 of Agriculture.

9 (2) The term ‘‘Tongass National Forest’’

10 means the Tongass National Forest, as depicted on

11 the map numbered ll and dated ll.

12 (3) The term ‘‘Federal obligation’’ means any

13 obligation or duty of the United States Forest Serv14 ice arising out of any lease, permit, license, contract,

15 and other legal instruments issued by or with the

16 Forest Service relating to the Tongass National For17 est. The term ‘‘Federal obligation’’ does not include

18 any obligation with respect to a Federal law, regula19 tion, or policy.

20 (4) The term ‘‘Tongass National Forest lands’’

21 includes all right, title, and interest of the United

22 States in and to all real property located in the

23 Tongass National Forest, and all structures (perma24 nent and temporary) owned by the United States

25 Forest Service located on such land.
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1 (5) The term ‘‘transfer-transition period’’

2 means the period beginning when the State of Alas3 ka elects to receive the lands pursuant to this Act

4 and ending one year thereafter.

5 (6) The term ‘‘transfer date’’ means the date

6 on which the State of Alaska elects to receive the

7 lands pursuant to this Act and notifies the Secretary

8 of such election.

9 (7) The term ‘‘patent date’’ means the last day

10 of the transfer-transition period.

11 (8) Terms used in section 6(c) shall be accorded

12 the meaning given to such terms under the Alaska

13 National Interest Lands Conservation Act.

14 SEC. 4. TRANSFER OF TONGASS LANDS AND PROPERTY TO

15 THE STATE OF ALASKA.

16 (a) AUTOMATIC TRANSFER OF LANDS.—If, within 10

17 years after the date of the enactment of this Act, the State

18 of Alaska elects to receive all Tongass National Forest

19 lands in conformance with subsection (b), and so notifies

20 the Secretary, all Tongass National Forest lands shall be

21 conveyed, by operation of law, to the State of Alaska, sub22 ject only to valid existing rights. Such transfer shall occur

23 in accordance with this Act.

24 (b) FORM OF ELECTION.—The election by the State

25 of Alaska to receive lands pursuant to subsection (a) shall
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1 be in the form of a bill approved by the House and Senate

2 of the Alaska State Legislature and signed by the Gov3 ernor of the State of Alaska. Such law shall state that—

4 (1) the State of Alaska elects to receive all

5 Tongass National Forest lands;

6 (2) the Tongass National Forest lands received

7 shall be received subject to valid existing rights;

8 (3) the procedures specified in this Act and the

9 transition provisions of this Act shall apply to the

10 transfer; and

11 (4) the rights and obligations of the United

12 States under the Alaska Native Claims Settlement

13 Act with respect to lands, rights in lands, and use

14 of lands transferred by the Tongass Transfer and

15 Transition Act shall not be infringed by the State of

16 Alaska.

17 (c) PROCEDURE.—Upon receipt by the Secretary of

18 Agriculture of a copy of the law specified under subsection

19 (b), the Secretary of Agriculture shall prepare a patent

20 conveying all Tongass National Forest lands to the State

21 of Alaska and shall deliver such patent to the State of

22 Alaska on the patent date. The duty of the Secretary to

23 prepare and deliver such patent pursuant to this Act shall

24 be purely ministerial and delivery of the patent on the pat25 ent date shall not be withheld or conditioned. The United
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1 States Supreme Court shall have exclusive jurisdiction to

2 issue such writs and compel such actions as may be nec3 essary to accomplish the conveyance made under this Act.

4 (d) OTHER PROPERTY.—Upon the election pursuant

5 to subsection (a) and concurrent with the transfer of lands

6 pursuant to this Act, the Secretary shall also transfer the

7 right and title to and interest in all other types of property

8 (including real and personal property) used for purposes

9 of operating, administering, and managing the Tongass

10 National Forest. Such property shall be transferred on the

11 patent date and include only that which is owned by the

12 United States and used by the United States Forest Serv13 ice within the Tongass National Forest and that which

14 is directly associated with the management of such Forest.

15 All vehicles transferred shall be painted the official colors

16 of State of Alaska vehicles prior to transfer.

17 SEC. 5. TRANSITION PROVISIONS DURING THE TRANSITION

18 PERIOD.

19 (a) EXISTING OBLIGATIONS OF THE UNITED

20 STATES.—The United States shall remain obligated for

21 Federal obligations during the transfer-transition period.

22 (b) EMPLOYEES.—During the transfer-transition pe23 riod, to the extent practicable, the State of Alaska shall

24 interview each person employed on the date of the enact25 ment of this Act in the Tongass National Forest by the
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1 United States Forest Service for purposes of reemploy2 ment by the State of Alaska for a comparable function

3 within the new State administrative system for the

4 Tongass Forest. Employees who do not secure employ5 ment with the State of Alaska shall be given preferential

6 treatment for purposes of other available positions with

7 the United States Government.

8 (c) ALASKA PULP CORPORATION CONTRACT.—The

9 State of Alaska shall enter into discussions with the Alas10 ka Pulp Corporation during the transition-transfer period

11 and conclude an agreement which reinstates the Alaska

12 Pulp Corporation Contract (Contract No. 12–11–010–

13 1545) within six months of the patent date. Such agree14 ment shall provide for dismissal with prejudice of a lawsuit

15 styled as Alaska Pulp Corporation against the United

16 States of America, No. 95–153C. Such reinstatement shall

17 include an additional provision which requires sale or as18 signment of such contract to a third party who agrees to

19 construct a manufacturing facility in Southeast Alaska

20 that utilizes pulp-grade logs. The State of Alaska shall as21 sume the obligations of the Forest Service under such re22 instated contract, except that the State of Alaska shall as23 sume no obligation for any claim relating to such contract

24 which arose from an occurrence before the transfer date.
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1 (d) TIMBER ROAD PROGRAM FUND.—From amounts

2 remaining after making payments for the benefit of public

3 schools and roads under the Act of May 23, 1908 (16

4 U.S.C. 500), the Secretary shall, notwithstanding any

5 other provision of law, provide the gross receipts from the

6 Tongass National Forest derived from timber sale stump7 age fees due during the transfer-transition period to the

8 State of Alaska as seed money for purposes of establishing

9 a timber roads revolving fund.

10 SEC. 6. TRANSITION PROVISIONS OUTSIDE THE TRANSI11 TION PERIOD.

12 (a) MANAGEMENT OF TRANSFERRED LANDS.—(1)

13 Beginning on the patent date, the lands transferred pursu14 ant to this Act shall be administered and managed under

15 applicable State of Alaska law, except as otherwise pro16 vided in this Act for the period provided by this Act.

17 (2) During the transfer-transition period and until

18 the patent date, the lands subject to transfer pursuant to

19 this Act shall be administered and managed under Federal

20 law and the Tongass Land Management Plan.

21 (b) LAND DESIGNATIONS.—Land use designations in

22 effect on the date of the enactment of this Act under the

23 Tongass Land Management Plan shall continue in effect

24 for a period of up to one year after the patent date, but

25 shall cease to be applicable when the State of Alaska
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1 adopts a land use designation system for the transferred

2 lands during such one-year period.

3 (c) SUBSISTENCE USE AFTER THE PATENT DATE.—

4 The Secretary of the Interior shall retain continuing au5 thority to manage subsistence uses of fish and wildlife on

6 lands transferred under this Act until such time as the

7 State of Alaska law is in compliance with title VIII of the

8 Alaska National Interest Lands Conservation Act.

9 (d) MINING CLAIMS.—(1) For a period of 15 years

10 after the patent date, Federal mining claims located before

11 the patent date pursuant to the General Mining Law of

12 1872 (30 U.S.C. 22 and following) in the Tongass Na13 tional Forest shall remain subject to the laws, rules, regu14 lations, and policies of the United States, but such laws,

15 rules, regulations, and policies shall be administered by

16 the State of Alaska. During such period, the right and

17 ability of a claimholder to patent such a mining claim shall

18 not be infringed. An application to patent a Federal min19 ing claim located in the area comprising the Tongass Na20 tional Forest may be made by the claimholder with the

21 State of Alaska and shall constitute an election by the

22 claim holder to be subject to Federal mining claim patent

23 procedures administered by the State of Alaska.

24 (2) At any time during the 15-year period referred

25 to in paragraph (1), the holder of a Federal mining claim
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1 may elect to convert the claim into a mining claim to be

2 administered under the laws of the State of Alaska. An

3 election to convert such a claim must be in writing, include

4 such information as the Commissioner may request, and

5 be sent to the Commissioner of the Department of Natural

6 Resources of the State of Alaska. The State of Alaska

7 shall convert each Federal claim into one or more State

8 claims covering the area of the Federal claim.

9 (3) Upon the expiration of the 15-year period re10 ferred to in paragraph (1), each Federal mining claim for

11 which a mining patent application has not been filed and

12 which is located within the Tongass National Forest shall

13 be converted by operation of law into a mining claim or

14 claims to be administered under the laws of the State of

15 Alaska.

16 (4) During the transfer-transition period the Federal

17 Government shall maintain the right to receive fees and

18 revenues, if any, due on Federal mining claims. After the

19 patent date, the State of Alaska shall have the right to

20 receive any fees or revenues due on Federal claims that

21 are not converted under paragraph (2) or (3).

22 (e) LAND GRANTS TO NATIVE PEOPLE.—The State

23 of Alaska shall negotiate in good faith to obtain an agree24 ment with the native people of the communities of Haines,

25 Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska
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1 who did not receive a land claim settlement under the

2 Alaska Native Claims Settlement Act. Under such agree3 ment, the State of Alaska shall convey not less than

4 23,040 acres of surface estate and not more than 46,080

5 acres of surface estate to each community within the

6 boundary of the land transferred for purposes of histori7 cal, cultural, economic (including timber, tourism, and

8 recreation) development and subsistence use in settlement

9 of such claims. Upon the conveyance of such surface es10 tate, the State of Alaska shall convey the subsurface estate

11 of such lands to Sealaska Corporation. Unprocessed tim12 ber (as defined in section 493 of Public Law 101–382)

13 may not be exported from Alaska. Negotiations shall con14 clude as soon as practicable after the patent date, but in

15 no case later than two years after the transfer date. If

16 an agreement is not reached, then the matter shall be sub17 mitted to binding arbitration.

18 (f) TIMBER RECEIPTS TO LOCAL GOVERNMENTS.—

19 In each year, beginning with the fiscal year of the State

20 of Alaska beginning after the transfer date and ending

21 with the tenth fiscal year thereafter, the State of Alaska

22 shall allocate 25 percent of the net timber stumpage re23 ceipts for all timber sold on the lands transferred under

24 authority of this Act directly to boroughs, municipalities,
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1 and local governments for purposes of schools, educational

2 materials, and community roads.

3 (g) TIMBER RECEIPTS TO THE UNITED STATES.—

4 For a period of 10 calendar years, beginning with the fis5 cal year of the State of Alaska beginning after the patent

6 date, the State of Alaska shall pay to the United States,

7 25 percent of the net receipts for all timber sold on the

8 lands transferred under authority of this Act.

9 (h) KETCHIKAN PULP CONTRACT.—On the patent

10 date, the State of Alaska shall assume all the obligations

11 of the United States and be entitled to all the benefits

12 due to the United States under Contract No. A10fs–1042

13 with the Ketchikan Pulp Corporation beginning on the

14 patent date.

15 (i) TIMBER EXPORTS.—The State of Alaska shall

16 prohibit by law export of unprocessed saw, utility, and

17 pulp logs originating from lands transferred under this

18 Act for a minimum period of ten years.

19 (j) EXISTING OBLIGATIONS AFTER PATENT DATE.—

20 On the patent date, the State of Alaska shall assume all

21 Federal obligations and duties and receive all rights of the

22 United States Forest Service, except that the State of

23 Alaska shall assume no obligation for any claim for dam24 ages or specific performance relating to a contract if such
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1 claim arose before the patent date, unless the State of

2 Alaska receives the benefit from such an obligation.

3 SEC. 7. MISCELLANEOUS DUTIES OF THE PARTIES AND

4 OTHER PROVISIONS RELATING TO THE

5 TRANSFER.

6 (a) MAP AND LEGAL DESCRIPTION.—The Secretary

7 shall provide the State of Alaska with a map and other

8 legal descriptions of the land to be transferred under sec9 tion 4. The map and the legal descriptions provided under

10 this subsection shall be on file and available for public in11 spection in the Office of the Secretary in Washington, Dis12 trict of Columbia, and in two readily accessible locations

13 in Alaska, at least one of which is in Southeast Alaska.

14 (b) HAZARDOUS MATERIALS.—As promptly as prac15 ticable after the enactment of this Act, the Secretary shall

16 make available to the State of Alaska for review and in17 spection, all pertinent records relating to hazardous mate18 rials, if any, on lands to be transferred under this section.

19 The responsibility for costs of remedial action related to

20 such materials shall be borne by those entities responsible

21 under existing law.

22 (c) JUDICIAL REVIEW.—Transfer of land pursuant to

23 this Act shall not be subject to judicial review in any court

24 of the United States, except—
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1 (1) to the extent a right of judicial review is

2 conferred specifically by the United States Constitu3 tion;

4 (2) otherwise conferred by this Act; or

5 (3) when sought by the State of Alaska on mat6 ters pertaining to rights conferred by this Act.

7 (d) RULEMAKING.—No formal rules under section

8 553 of title 5, United States Code, are required to imple9 ment this Act.

10 (e) SURVEY.—The patent for lands conveyed pursu11 ant to this Act shall not be subject to completion of a field

12 survey and may be issued based on a protraction survey.

13 (f) REPEAL.—Sections 503, 508, 703, 704, 705, and

14 706 of the Alaska National Lands Interest Conservation

15 Act are repealed on the patent date. Title III of the

16 Tongass Timber Reform Act is repealed on the transfer

17 date.

18 (g) ENCUMBRANCES.—For purposes of an orderly

19 transfer of the Tongass National Forest to State owner20 ship and transition to State management, the Secretary

21 shall provide a list of encumbrances of record and other22 wise known in the Tongass National Forest to the Com23 missioner of the Department of Natural Resources of the

24 State of Alaska during the transfer-transition period. The
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1 transfer under this Act shall be subject to all existing en2 cumbrances.

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