29–010 

Calendar No. 176 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–98 

SOUTHEAST ALASKA NATIVE LAND ENTITLEMENT 

FINALIZATION AND JOBS PROTECTION 

SEPTEMBER 10, 2013.—Ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 340] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 340) to provide for the settlement of certain 

claims under the Alaska Native Claims Settlement Act, and for 

other purposes, having considered the same, reports favorably 

thereon with an amendment and recommends that the bill, as 

amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) MAPS.—The term ‘‘maps’’ means the maps entitled ‘‘Sealaska Land Entitlement Finalization’’, numbered 1 through 18, and dated June 14, 2013. 

(2) SEALASKA.—The term ‘‘Sealaska’’ means the Sealaska Corporation, a Regional Native Corporation established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(4) STATE.—The term ‘‘State’’ means the State of Alaska. 

SEC. 3. FINALIZATION OF ENTITLEMENT. 

(a) IN GENERAL.—If, not later than 90 days after the date of enactment of this 

Act, the Secretary receives a corporate resolution adopted by the board of directors 

of Sealaska agreeing to accept the conveyance of land described in subsection (b) in 

accordance with this Act as full and final satisfaction of the remaining land entitlement of Sealaska under section 14(h) of the Alaska Native Claims Settlement Act 

(43 U.S.C. 1613(h)), the Secretary shall— 

(1) implement the provisions of this Act; and 


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(2) charge the entitlement pool under section 14(h)(8) of the Alaska Native 

Claims Settlement Act (43 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the number of acres deducted under subsection (b)(2), in fulfillment of the remaining 

land entitlement for Sealaska under that Act, notwithstanding whether the surveyed acreage of the 18 parcels of land generally depicted on the maps as 

‘‘Sealaska Selections’’ and patented under section 4 is less than or more than 

69,585 acres, reduced by the number of acres deducted under subsection (b)(2). 

(b) FINAL ENTITLEMENT.— (1) IN GENERAL.—Except as provided in paragraph (2), the 70,075 acres of 

land described in subsection (a) shall consist of— 

(A) the 18 parcels of Federal land comprising approximately 69,585 acres 

that is generally depicted as ‘‘Sealaska Selections’’ on the maps; and 

(B) a total of not more than 490 acres of Federal land for cemetery sites 

and historical places comprised of parcels that are applied for in accordance 

with section 5. 

(2) DEDUCTION.— (A) IN GENERAL.—The Secretary shall deduct from the number of acres 

of Federal land described in paragraph (1)(A) the number of acres of Federal land for which the Secretary has issued a conveyance under section 

14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) 

during the period beginning on August 1, 2012, and ending on the date of 

receipt of the resolution under subsection (a). 

(B) AGREEMENT.—The Secretary, the Secretary of Agriculture, and 

Sealaska shall negotiate in good faith to make a mutually agreeable adjustment to the parcel of Federal land generally depicted on the maps numbered 1 and 18 to implement the deduction of acres required by subparagraph (A). 

(c) EFFECT OF ACCEPTANCE.—The resolution filed by Sealaska in accordance with 

subsection (a) shall— 

(1) be final and irrevocable; and 

(2) without any further administrative action by the Secretary, result in— 

(A) the relinquishment of all existing selections made by Sealaska under 

subsection 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 

1613(h)(8)); and 

(B) the termination of all withdrawals by section 16 of the Alaska Native 

Claims Settlement Act (43 U.S.C. 1615), except to the extent a selection by 

a Village Corporation under subsections (b) and (d) of section 16 of the 

Alaska Native Claims Settlement Act (43 U.S.C. 1615) remains pending, 

until the date on which those selections are resolved. 

(d) FAILURE TO ACCEPT.—If Sealaska fails to file the resolution in accordance with 

subsection (a)— 

(1) the provisions of this Act shall cease to be effective, except as otherwise 

provided in this section; 

(2) the Secretary shall, not later than 5 years after the date of enactment of 

this Act, complete the interim conveyance of the remaining land entitlement to 

Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 

U.S.C. 1613(h)(8)) from prioritized selections on file with the Secretary on the 

date of enactment of this Act; and 

(3)(A) the remaining land entitlement of Sealaska under section 14(h)(8) of 

the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) shall be 70,075 

acres, provided that the Secretary shall deduct the number of acres of Federal 

land for which the Secretary has issued a conveyance under section 14(h)(8) of 

that Act (43 U.S.C. 1613(h)(8)) during the period beginning on August 1, 2012, 

and ending 90 days after the date of enactment of this Act; and 

(B) if the Governor of the State does not approve the prioritized selections of 

Sealaska in the Saxman or Yakutat withdrawal areas as required by subsection 

14(h)(8)(B) of the Alaska Native Claims Settlement Act (43 U.S.C. 

1613(h)(8)(B)) by the date that is 42 months after the date of enactment of this 

Act, the Secretary shall reject those selections and fulfill the remaining land entitlement of Sealaska from the remaining prioritized selections on file with the 

Secretary on the date of enactment of this Act. 

(e) SCOPE OF LAW.—Except as provided in subsections (d) and (f), this Act provides the exclusive authority under which the remaining land entitlement of 

Sealaska under section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 

1613(h)) may be fulfilled. 

(f) EFFECT.—Nothing in this Act affects any land that is— 

(1) the subject of an application under subsection (h)(1) of section 14 of the 

Alaska Native Claims Settlement Act (43 U.S.C. 1613) that is pending on the 

date of enactment of this Act; and 


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(2) conveyed in accordance with that subsection. 

SEC. 4. CONVEYANCES TO SEALASKA. 

(a) INTERIM CONVEYANCE.— 

(1) IN GENERAL.—Subject to valid existing rights, subsections (c), (d), and (e), 

section 3(b), and section 6(a), the Secretary shall complete the interim conveyance of the 18 parcels of Federal land comprising approximately 69,585 acres 

generally depicted on the maps by the date that is 60 days after the date of 

receipt of the resolution under section 3(a), subject to the Secretary identifying 

and reserving, by the date that is 2 years after the date of enactment of this 

Act, any easement under section 17(b) of the Alaska Native Claims Settlement 

Act (43 U.S.C. 1616(b)) that could have been reserved prior to the interim conveyance. 

(2) FAILURE TO RESERVE EASEMENTS BY DEADLINE.—If the Secretary does not 

complete the reservation of easements under paragraph (1) by the date that is 

2 years after the date of enactment of this Act, the Secretary shall reserve the 

easements as soon as practicable after that date. 

(b) WITHDRAWAL.— 

(1) IN GENERAL.—Subject to valid existing rights, the Federal land described 

in subsection (a) is withdrawn from— 

(A) all forms of appropriation under the public land laws; 

(B) location, entry, and patent under the mining laws; 

(C) disposition under laws relating to mineral or geothermal leasing; and 

(D) selection under the Act of July 7, 1958 (commonly known as the 

‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21; Public Law 85–508). 

(2) TERMINATION.—The withdrawal under paragraph (1) shall remain in effect 

until— 

(A) if Sealaska fails to file a resolution in accordance with section 3(a), 

the date that is 90 days after the date of enactment of this Act; or 

(B) the date on which the Federal land is conveyed under subsection (a). 

(c) TREATMENT OF LAND CONVEYED.—Except as otherwise provided in this Act, 

any land conveyed to Sealaska under subsection (a) shall be— 

(1) considered to be land conveyed by the Secretary under section 14(h)(8) of 

the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and 

(2) subject to all laws (including regulations) applicable to entitlements under 

section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 

1613(h)(8)), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). 

(d) EASEMENTS.— 

(1) PUBLIC EASEMENTS.— 

(A) IN GENERAL.—The interim conveyance and patents for the land under 

subsection (a) shall be subject to the reservation of public easements under 

section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 

1616(b)). 

(B) TERMINATION.—No public easement reserved on land conveyed under 

subsection (a) shall be terminated without publication of notice of the proposed termination in the Federal Register. 

(C) RESERVATION OF EASEMENTS.—In the interim conveyance and patents 

for the land under subsection (a), the Secretary shall reserve the right of 

the Secretary to amend the interim conveyance and patents to include reservations of public easements under section 17(b) of the Alaska Native 

Claims Settlement Act (43 U.S.C. 1616(b)) until the completion of the easement reservation process. 

(2) CONSERVATION EASEMENTS.— 

(A) IN GENERAL.—In the interim conveyance and patents for the land 

under subsection (a), the Secretary shall reserve a conservation easement 

to protect the aquatic and riparian habitat extending 100 feet on each side 

of the anadromous water bodies depicted as ‘‘100 Foot Conservation Easement’’ on the maps numbered 3, 4, and 6. 

(B) PROHIBITION.—The commercial harvest of timber within the conservation easements described in subparagraph (A) shall be prohibited, except 

that Sealaska may, for the purpose of harvesting timber outside of the conservation easement— 

(i) maintain roads within the conservation easement that are in existence on the date of enactment of this Act; and 

(ii) construct temporary roads and yarding corridors across the conservation easements in accordance with the applicable National Forest 

System construction standards. 


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(C) ADMINISTRATION.—The Secretary of Agriculture shall administer the 

conservation easements described in subparagraph (A). 

(3) RESEARCH EASEMENT.—In the interim conveyance and patent for the land 

generally depicted on the map numbered 7, the Secretary shall reserve an easement— 

(A) to access and continue Forest Service research activities on the study 

plots located on the land; and 

(B) that shall remain in effect for a 10-year period beginning on the date 

of enactment of this Act. 

(4) KOSCUISKO ISLAND ROAD EASEMENT.— 

(A) IN GENERAL.—Concurrently with the conveyance of land under subsection (a), the Secretary shall grant to Sealaska an easement on Koscuisko 

Island providing access to and use by Sealaska of the sort yard and all 

other upland facilities at the sort yard that are associated with the transfer 

of logs to the marine environment, subject to— 

(i) the agreement under subparagraph (C); and 

(ii) the agreement under section 6(b). 

(B) SCOPE OF THE EASEMENT.—The easement under subparagraph (A) 

shall enable Sealaska— 

(i) to construct, use, and maintain a road connecting the National 

Forest System Road known as ‘‘Cape Pole Road’’ to the National Forest 

System Road known as ‘‘South Shipley Bay Road’’ within the corridor 

depicted on the map numbered 3; 

(ii) to use, maintain, and if necessary, reconstruct the National Forest System Road known as ‘‘South Shipley Bay Road’’ referred to in 

clause (i) to access the sort yard and associated upland facilities at 

Shipley Bay; and 

(iii) to use, maintain, and expand the sort yard and associated upland 

facilities at Shipley Bay that are within the area depicted on the map 

numbered 3. 

(C) ROADS AND FACILITIES USE AGREEMENT.—In addition to the agreement 

under section 6(b), the Secretary of Agriculture and Sealaska shall enter 

into an agreement relating to the access, use, maintenance, and improvement of the roads and facilities under this paragraph. 

(D) EFFECT.—Nothing in this paragraph preempts or otherwise affects 

State or local regulatory authority. 

(e) HUNTING, FISHING, AND RECREATION.— 

(1) IN GENERAL.—Any land conveyed under subsection (a) that is located outside a withdrawal area designated under section 16(a) of the Alaska Native 

Claims Settlement Act (43 U.S.C. 1615(a)) shall remain open and available to 

subsistence uses, noncommercial recreational hunting and fishing, and other 

noncommercial recreational uses by the public under applicable law— 

(A) without liability on the part of Sealaska, except for willful acts, to any 

user as a result of the use; and 

(B) subject to— 

(i) any reasonable restrictions that may be imposed by Sealaska on 

the public use— 

(I) to ensure public safety; 

(II) to minimize conflicts between recreational and commercial 

uses; 

(III) to protect cultural resources; 

(IV) to conduct scientific research; or 

(V) to provide environmental protection; and 

(ii) the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on use. 

(2) EFFECT.—Access provided to any individual or entity under paragraph (1) 

shall not— 

(A) create an interest in any third party in the land conveyed under subsection (a); or 

(B) provide standing to any third party in any review of, or challenge to, 

any determination by Sealaska with respect to the management or development of the land conveyed under subsection (a), except as against Sealaska 

for the management of public access under paragraph (1). 

SEC. 5. CEMETERY SITES AND HISTORICAL PLACES. 

(a) IN GENERAL.—Notwithstanding section 14(h)(1)(E) of the Alaska Native 

Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may submit applications 

for the conveyance under section 14(h)(1)(A) of the Alaska Native Claims Settlement 


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Act (43 U.S.C. 1613(h)(1)(A)) of not more than 76 cemetery sites and historical 

places— 

(1) that are listed in the document entitled ‘‘Sealaska Cemetery Sites and Historical Places’’ and dated October 17, 2012; 

(2) that are cemetery sites and historical places included in the report by 

Wilsey and Ham, Inc., entitled ‘‘1975 Native Cemetery and Historic Sites of 

Southeast Alaska (Preliminary Report)’’ and dated October 1975; 

(3) for which Sealaska has not previously submitted an application; and 

(4) that are not located within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 

3102)). 

(b) PROCEDURE FOR EVALUATING APPLICATIONS.—Except as otherwise provided in 

this section, the Secretary shall consider all applications submitted under this section in accordance with the criteria and procedures set forth in applicable regulations in effect as of the date of enactment of this Act. 

(c) CONVEYANCE.—If approved under the procedures described in subsection (b), 

the Secretary shall convey cemetery sites and historical places that result in the 

conveyance of a total of approximately 490 acres of Federal land comprised of parcels that are— 

(1) applied for in accordance with this section; and 

(2) subject to— 

(A) valid existing rights; 

(B) the public access provisions of subsection (g); 

(C) the condition that the conveyance of land for the site listed under subsection (a)(1) as ‘‘Bay of Pillars Portage’’ is limited to not more than 25 

acres in T.60 S., R.72 E., Sec. 28, Copper River Meridian; and 

(D) the condition that any access to or use of the cemetery sites and historical places shall be consistent with the management plans for adjacent 

public land, if the management plans are more restrictive than the laws (including regulations) applicable under subsection (i). 

(d) TIMELINE.—No application for a cemetery site or historical place may be submitted under subsection (a) after the date that is 2 years after the date of enactment of this Act. 

(e) CONSULTATION WITH RECOGNIZED TRIBAL ENTITY.—Sealaska shall— 

(1) consult with any affected federally recognized Indian tribe before submitting any application for a cemetery site or historical place located within the 

vicinity of the Indian tribe; and 

(2) include with each application described in paragraph (1) a statement that 

the required consultation was carried out in accordance with that paragraph. 

(f) SELECTION OF ADDITIONAL CEMETERY SITES.—If Sealaska submits timely applications to the Secretary in accordance with subsections (a), (d), and (e), for all 76 

sites listed under subsection (a)(1), and the Secretary rejects any of those applications in whole or in part— 

(1) not later than 2 years after the date on which the Secretary completes the 

conveyance of eligible cemetery sites and historical places applied for under subsection (a), and subject to subsection (e), Sealaska may submit applications for 

the conveyance under section 14(h)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of additional cemetery sites that are not located in a conservation system unit described in (a)(4), the total acreage of 

which, together with the cemetery sites and historical places previously conveyed by the Secretary under subsection (c), shall not exceed 490 acres; and 

(2) the Secretary shall— 

(A) consider any applications for the conveyance of additional cemetery 

sites in accordance with subsection (b); and 

(B) if the applications are approved, provide for the conveyance of the 

sites in accordance with subsection (c). 

(g) PUBLIC ACCESS.— 

(1) IN GENERAL.—Subject to paragraph (2), any land conveyed under this section shall be subject to— 

(A) the reservation of public easements under section 17(b) of the Alaska 

Native Claims Settlement Act (43 U.S.C. 1616(b)); 

(B) public access across the conveyed land in cases in which no reasonable alternative access around the land is available, without liability to 

Sealaska, except for willful acts, to any user by reason of the use; and 

(C) public access to and along any Class I stream described in section 

705(e) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 

539d(e)) for noncommercial recreational and subsistence fishing, without liability to Sealaska, except for willful acts, to any user by reason of the use. 


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(2) LIMITATIONS.—The public access and use under subparagraphs (B) and (C) 

of paragraph (1) shall be subject to— 

(A) any reasonable restrictions that may be imposed by Sealaska on the 

public access and use— 

(i) to ensure public safety; 

(ii) to protect and conduct research on the historic, archaeological, 

and cultural resources of the conveyed land; or 

(iii) to provide environmental protection; 

(B) the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on the public access and 

use; and 

(C) the condition that the public access and use shall not be incompatible 

with or in derogation of the values of the area as a cemetery site or historical place, as provided in section 2653.11 of title 43, Code of Federal Regulations (or a successor regulation). 

(3) EFFECT.—Access provided to any individual or entity by paragraph (1) 

shall not— 

(A) create an interest in any third party in the land conveyed under this 

section; or 

(B) provide standing to any third party in any review of, or challenge to, 

any determination by Sealaska with respect to the management or development of the land conveyed under this section, except as against Sealaska 

for the management of public access under paragraph (2). 

(h) PROHIBITION ON TRANSFER OR LOSS.— 

(1) PROHIBITION ON TRANSFER.—Notwithstanding any other provision of law, 

Sealaska shall not— 

(A) alienate, transfer, assign, mortgage, or pledge any cemetery site or 

historical place conveyed under this section to any person or entity other 

than the United States; or 

(B) permit development or improvement of the cemetery site or historical 

place for any use which is incompatible with, or is in derogation of, the values of the area as a cemetery site or historical place. 

(2) PROHIBITION ON LOSS.—Notwithstanding any other provision of law, any 

cemetery site or historical place conveyed to Sealaska under this section shall 

be exempt from— 

(A) adverse possession and similar claims based on estoppel; 

(B) title 11 of the United States Code or a successor law, any other insolvency or moratorium law, or any other law generally affecting creditors’ 

rights; 

(C) judgments in any action at law or in equity to recover sums owed or 

penalties incurred by Sealaska or any employee, officer, director, or shareholder of Sealaska, except for liens from real property taxes; and 

(D) involuntary distributions or conveyances to any person or entity other 

than the United States related to the involuntary dissolution of Sealaska. 

(i) TREATMENT OF LAND CONVEYED.—Except as otherwise provided in this Act, 

any land conveyed to Sealaska under this section shall be— 

(1) considered land conveyed by the Secretary under section 14(h)(1) of the 

Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)); and 

(2) subject to all laws (including regulations) applicable to conveyances under 

section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 

1613(h)(1)), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). 

SEC. 6. MISCELLANEOUS. 

(a) SPECIAL USE AUTHORIZATIONS.— 

(1) IN GENERAL.—On the conveyance of land to Sealaska under section 4(a)— 

(A) any guiding or outfitting special use authorization issued by the Forest Service for the use of the conveyed land shall terminate; and 

(B) as a condition of the conveyance and consistent with section 14(g) of 

the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), Sealaska 

shall issue the holder of the special use authorization terminated under 

subparagraph (A) an authorization to continue the authorized use, subject 

to the terms and conditions that were in the special use authorization 

issued by the Forest Service, for— 

(i) the remainder of the term of the authorization; and 

(ii) 1 additional consecutive 10-year renewal period. 

(2) NOTICE OF COMMERCIAL ACTIVITIES.—Sealaska and any holder of a guiding 

or outfitting authorization under this subsection shall have a mutual obligation, 

subject to the guiding or outfitting authorization, to inform the other party of 


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any commercial activities prior to engaging in the activities on the land conveyed to Sealaska under section 4(a). 

(3) NEGOTIATION OF NEW TERMS.—Nothing in this subsection precludes 

Sealaska and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization. 

(4) LIABILITY.—Neither Sealaska nor the United States shall bear any liability, except for willful acts of Sealaska or the United States, regarding the use 

and occupancy of any land conveyed to Sealaska under this Act, as provided in 

any outfitting or guiding authorization under this subsection. 

(b) ROADS AND FACILITIES.—Not later than 1 year after the date of enactment of 

this Act, the Secretary of Agriculture and Sealaska shall negotiate in good faith to 

develop a binding agreement— 

(1) for the use of National Forest System roads and related transportation facilities by Sealaska; and 

(2) the use of Sealaska roads and related transportation facilities by the Forest Service. 

(c) TRADITIONAL TRADE AND MIGRATION ROUTES.— 

(1) IDENTIFICATION OF ROUTES.— 

(A) THE INSIDE PASSAGE.—The route from Yakutat to Dry Bay, as generally depicted on the map entitled ‘‘Traditional Trade and Migration 

Route, Neix naax aan na ́x—The Inside Passage’’ and dated April 22, 2013, 

shall be known as ‘‘Neix naax aan na ́x’’ (‘‘The Inside Passage’’). 

(B) CANOE ROAD.—The route from the Bay of Pillars to Port Camden, as 

generally depicted on the map entitled ‘‘Traditional Trade and Migration 

Route, Yakwdeiyı ́—Canoe Road’’ and dated April 22, 2013, shall be known 

as ‘‘Yakwdeiyı ́’’ (‘‘Canoe Road’’). 

(C) THE PEOPLE’S ROAD.—The route from Portage Bay to Duncan Canal, 

as generally depicted on the map entitled ‘‘Traditional Trade and Migration 

Route, Lingı ́t Deiyı ́—The People’s Road’’ and dated April 22, 2013, shall be 

known as ‘‘Lingı ́t Deiyı ́’’ (‘‘The People’s Road’’). 

(2) ACCESS TO TRADITIONAL TRADE AND MIGRATION ROUTES.—The culturally 

and historically significant trade and migration routes described in paragraph 

(1) shall be open to travel by Sealaska and the public in accordance with applicable law, subject to such terms, conditions, and special use authorizations as 

the Secretary of Agriculture may require. 

(d) TONGASS NATIONAL FOREST YOUNG GROWTH MANAGEMENT.— 

(1) IN GENERAL.—Notwithstanding subsection (m) of section 6 of the Forest 

and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) and 

in addition to the authority provided under that subsection and the terms of 

section 705(a) of the Alaska National Interest Lands Conservation Act (16 

U.S.C. 539d(a)), the Secretary of Agriculture may allow the harvest of trees 

prior to the culmination of mean annual increment of growth in areas that are 

available for commercial timber harvest under the Tongass National Forest 

Land and Resource Management Plan to facilitate the transition from commercial timber harvest of old growth stands. 

(2) LIMITATION.—Any sale of trees pursuant to the authority granted under 

paragraph (1) shall not— 

(A) exceed 15,000 acres during the 10-year period beginning on the date 

of enactment of this Act, with an annual maximum of 3,000 acres sold; 

(B) exceed a total of 50,000 acres, with an annual maximum of 5,000 

acres sold after the first 10-year period; 

(C) be advertised if the indicated rate is deficit (defined as the value of 

the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the appraisal process of the 

Forest Service) when appraised using a residual value appraisal; or 

(D) apply to land withdrawn under section 4(b). 

(3) APPLICABLE LAW.—Nothing in this Act affects the requirement under section 705(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 

539d(a)) that the Forest Service seek to meet demand for timber from the 

Tongass National Forest. 

(e) EFFECT ON OTHER LAWS.— 

(1) IN GENERAL.—Nothing in this Act delays the duty of the Secretary to convey land to— 

(A) the State under the Act of July 7, 1958 (commonly known as the 

‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21; Public Law 85–508); or 

(B) a Native Corporation under— 

(i) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); 

or 


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(ii) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; 

Public Law 108–452). 

(2) CONVEYANCES.—The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with— 

(A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); 

and 

(B) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452). 

(3) FISH AND WILDLIFE.—Nothing in this Act enlarges or diminishes the responsibility and authority of the State with respect to the management of fish 

and wildlife on public land in the State. 

(f) ESCROW FUNDS.—If Sealaska files the resolution in accordance with section 

3(a)— 

(1) the escrow requirements of section 2 of Public Law 94–204 (43 U.S.C. 1613 

note) shall apply to proceeds (including interest) derived from the land withdrawn under section 4(b) from the date of receipt of the resolution; and 

(2) Sealaska shall have no right to any proceeds (including interest) held pursuant to the escrow requirements of section 2 of Public Law 94–204 (43 U.S.C. 

1613 note) that were derived from land originally withdrawn for selection by 

section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615), but not 

conveyed. 

(g) MAPS.— 

(1) AVAILABILITY.—Each map referred to in this Act shall be available in the 

appropriate offices of the Secretary and the Secretary of Agriculture. 

(2) CORRECTIONS.—The Secretary of Agriculture may make any necessary correction to a clerical or typographical error in a map referred to in this Act. 

SEC. 7. CONSERVATION AREAS. 

(a) LUD II MANAGEMENT AREAS.—If Sealaska files a resolution in accordance 

with section 3(a), section 508 of the Alaska National Interest Lands Conservation 

Act (Public Law 96–487; 104 Stat. 4428) is amended by adding at the end the following: 

‘‘(13) BAY OF PILLARS.—Certain land which comprises approximately 20,863 

acres, as generally depicted on the map entitled ‘Bay of Pillars LUD II Management Area—Proposed’ and dated June 14, 2013. 

‘‘(14) KUSHNEAHIN CREEK.—Certain land which comprises approximately 

33,613 acres, as generally depicted on the map entitled ‘Kushneahin Creek LUD 

II Management Area—Proposed’ and dated June 14, 2013. 

‘‘(15) NORTHERN PRINCE OF WALES.—Certain land which comprises approximately 8,728 acres, as generally depicted on the map entitled ‘Northern Prince 

of Wales LUD II Management Area—Proposed’ and dated June 14, 2013. 

‘‘(16) WESTERN KOSCIUSKO.—Certain land which comprises approximately 

8,012 acres, as generally depicted on the map entitled ‘Western Kosciusko LUD 

II Management Area—Proposed’ and dated June 14, 2013. 

‘‘(17) EASTERN KOSCIUSKO.—Certain land which comprises approximately 

1,664 acres, as generally depicted on the map entitled ‘Eastern Kosciusko LUD 

II Management Area—Proposed’ and dated June 14, 2013. 

‘‘(18) SARKAR LAKES.—Certain land which comprises approximately 24,509 

acres, as generally depicted on the map entitled ‘Sarkar Lakes LUD II Management Area—Proposed’ and dated June 14, 2013. 

‘‘(19) HONKER DIVIDE.—Certain land which comprises approximately 19,805 

acres, as generally depicted on the map entitled ‘Honker Divide LUD II Management Area—Proposed’ and dated June 14, 2013. 

‘‘(20) EEK LAKE AND SUKKWAN ISLAND.—Certain land which comprises approximately 34,873 acres, as generally depicted on the map entitled ‘Eek Lake 

and Sukkwan Island LUD II Management Area—Proposed’ and dated June 14, 

2013.’’. 

(b) NO BUFFER ZONES.— 

(1) IN GENERAL.—The designation of the conservation areas by paragraphs 

(13) through (20) of section 508 of the Alaska National Interest Lands Conservation Act (Public Law 96–487; 104 Stat. 4428) (as added by subsection (a)) 

(referred to in this subsection as the ‘‘conservation areas’’) is not intended to 

lead to the creation of protective perimeters or buffer zones around the conservation areas. 

(2) OUTSIDE ACTIVITIES.—The fact that activities outside of the conservation 

areas are not consistent with the purposes of the conservation areas or can be 

seen or heard within the conservation areas shall not preclude the activities or 

uses outside the boundary of the conservation areas. 


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PURPOSE

The purpose of S. 340 is to provide for the conveyance of certain 

land in the Tongass National Forest to the Sealaska Corporation, 

an Alaska Native Regional Corporation, to fulfill its remaining land 

entitlements authorized by the Alaska Native Claims Settlement 

Act. 

BACKGROUND AND NEED

Enacted in 1971, the Alaska Native Claims Settlement Act 

(‘‘ANCSA’’; 43 U.S.C. 1601 et seq.) established a framework to resolve and settle aboriginal land claims of Alaska Natives. ANCSA 

established 12 geographic regional corporations (and a thirteenth 

landless one) and over 200 village corporations in Alaska and provided that each Alaska Native living on December 18, 1971, was 

entitled to own stock in their local regional and village corporation. 

Through ANCSA, all Alaska Native aboriginal land claims were extinguished in exchange for 44 million acres of land and $962.5 million. ANCSA also established specific criteria for designating and 

allocating the land and money among the regional and village corporations. 

The Sealaska Corporation is one of the regional corporations established by ANCSA and includes lands in Southeast Alaska. 

Under ANCSA, the Sealaska Corporation has selected a total of approximately 292,000 acres of land within certain township boundaries that are adjacent to ten Native Villages in Southeast Alaska. 

Sealaska has a remaining entitlement to approximately 70,000 

acres that it can select from within a pool of approximately 327,000 

acres of lands that are within the ANCSA ‘‘withdrawal boundaries’’ 

surrounding the Native Villages. However, Sealaska elected to 

withhold from finalizing the remainder of its entitlement from 

those areas, instead seeking legislation authorizing it to select 

lands outside of the ANCSA withdrawal boundaries. Sealaska contends that if it is forced to develop the lands inside the existing 

withdrawal boundaries it would be both more environmentally 

damaging and also less profitable for its shareholders. 

As ordered reported, S. 340 would authorize Sealaska to select 

from specified national forest lands in Southeast Alaska located 

outside of the withdrawal boundaries in order to complete its entitlement. The selected areas include approximately 70,075 acres of 

land within the Tongass National Forest which are primarily valuable for timber, as well 76 sites totaling 490 acres with cemetery, 

historical, or traditional values; certain customary trade and migration routes; and access and development easements. Separately, 

it would provide protections from timber harvest and against some 

other development for approximately 152,000 acres of the Tongass 

National Forest. The bill requires Sealaska to waive selection 

rights within the withdrawal boundaries in return for it being able 

to select the designated lands outside the boundaries. The bill is 

designed to facilitate Sealaska’s diversification from primarily timber harvesting to also include renewable energy, transportation, 

and recreation 


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LEGISLATIVE HISTORY

Senators Murkowski and Begich introduced S. 340 on February 

14, 2013. The Subcommittee on Public Lands, Forests, and Mining 

held a hearing on S. 340 on April 25, 2013. At its business meeting 

on June 18, 2013, the Committee ordered the bill favorably reported with amendment. 

A similar bill, S. 730, was introduced by Senators Murkowski 

and Begich in the 112th Congress. Senators Inouye, Akaka, and 

Landrieu were also cosponsors. The Subcommittee on Public Lands 

and Forests held a hearing on S. 730 on May 25, 2011 (S. Hrg. 

112–131). Similar legislation, S. 881, was also introduced by Senators Murkowski, Begich, Inouye, and Akaka in the 111th Congress. The Subcommittee on Public Lands and Forests held a hearing on S. 881 on October 8, 2009 (S. Hrg. 111–285). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 16, 2013, by a voice vote of a quorum 

present, recommends that the Senate pass S. 340, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 340, the committee adopted an 

amendment in the nature of a substitute. In addition to making 

several technical, clarifying, and conforming edits, the amendment: 

updates the map references of the lands to be conveyed to Sealaska 

to reflect boundary and acreage adjustments negotiated by 

Sealaska and the Forest Service; modifies the boundaries and acreage of several of the conservation areas designated in section 7; 

clarifies public access to and along certain streams within cemetery 

sites and cultural places conveyed to Sealaska; and provides the 

Forest Service with a limited exemption to allow it to harvest commercial timber prior to the culmination of mean annual increment 

of growth (CMAI) on a limited number of acres in the Tongass National Forest, to facilitate the transition from commercial timber 

harvest of old growth stands, while clarifying that nothing in this 

Act affects the requirements under current law that the Forest 

Service seek to meet demand for timber from the Tongass National 

Forest. 

The amendment is explained in detail in the section-by-section 

analysis, below. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Southeast Alaska Native 

Lands Entitlement Finalization and Jobs Protection Act.’’ 

Section 2 defines key terms and map references used in the bill. 

Section 3(a) provides that if the Secretary of the Interior receives 

a corporate resolution adopted by the Sealaska Corporation’s 

(Sealaska) Board of Directors agreeing to accept the conveyance of 

land under this Act as full and final satisfaction of the remaining 

land entitlement granted the Corporation under section 14(h) of the 

Alaska Native Claims Settlement Act (ANCSA; 43 U.S.C. 1613(h)) 

within 90 days after the date of enactment, then the Secretary is 


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directed to implement this act and charge the entitlement pool 

70,075 acres of land (reduced by any acres deducted under subsection (b)(2)) to fulfill Sealaska’s remaining land entitlement 

under ANCSA. 

Subsection (b) states that the 70,075 acres referenced in subsection (a) consists of 18 sites totaling 69,585 acres, plus up to an 

additional 490 acres of land cemetery sites and historical places 

which Sealaska may apply to receive in accordance with section 5. 

The 18 sites include 68,434 acres of timber lands identified on 

the referenced maps as follows: Calder, 6,708 acres; Election Creek, 

2,000 acres; Cleveland Peninsula, 1,380 acres; 12-Mile Arm, 6,471 

acres; Tuxekan Island, 13,041 acres; Polk and MacKenzie Inlet, 

10,445 acres; Koscuisko Island, 11,974, acres; Keete, 11,872 acres; 

Kuiu Island, about 4,595 acres. 

The Committee is aware of concern in Port Protection and Port 

Baker about the local effect of logging activities on the Calder economic development parcel on Prince of Wales Island, including concerns if logging trucks access a log transfer facility at Port Protection. The Committee understands that Sealaska has agreed to 

truck logs harvested from the area using existing roads that will 

lead south and east to the Calder or other log transfer facilities, 

thereby avoiding the risk of increased traffic near the northern portion of the Mt. Calder-Mt. Holbrook LUD II conservation area. 

The lands to be conveyed also include 1,099 acres of small parcel 

sites, as follows: Chicago Harbor, 150 acres; North Dolgoi Island, 

245 acres; Redfield Lake, 22 acres; Cannon Beach, 43 acres; Crab 

Island Village, 4 acres; East Payne Island, 157 acres; Turnabout Island Village, 69 acres; Josephine Lake, 314 acres; Tlevak Narrows/ 

Turn Point, 95 acres; Eleanor Island, 48 acres. 

Any lands conveyed to Sealaska between August 1, 2012 and the 

date Sealaska files a corporate resolution in accordance with subsection (a) are to be deducted from the number of acres to be conveyed under this Act. 

Subsection (c) provides that the resolution filed by Sealaska shall 

be final and irrevocable and shall result in the relinquishment of 

all existing selections made by Sealaska under section 14(h)(8) of 

ANCSA (43 U.S.C. 1613(h)(8)) and to the termination of all withdrawals by section 16 of ANCSA (43 U.S.C. 1615), except for pending Village Corporation selections, until those selections are resolved. 

Subsection (d) provides that if Sealaska fails to file the resolution 

in accordance with subsection (a) then the provisions of this Act 

will cease to be effective and the Secretary of the Interior shall 

complete the interim conveyance of all remaining Sealaska lands 

within 5 years, setting the total acreage of lands to be conveyed at 

70,075 acres, and completing the conveyance based on the 

prioritized selections in place with the Bureau of Land Management at the time of enactment. If the Governor of Alaska does not 

approve the prioritized selections in the Yakutat and Saxman selection areas as required by section 14(h)(8)(B) of ANCSA (43 U.S.C. 

1613(h)(8)(B)) within 42 months after the date of enactment, the 

Secretary shall reject those selections and convey lands based on 

the remaining prioritized selections on file with the Secretary. 

Subsection (e) states that except as provided in subsections (d) 

and (f), this Act provides the exclusive authority under which 


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Sealaska’s remaining land entitlement under section 14(h)8) of 

ANCSA may be fulfilled. 

Subsection (f) clarifies that nothing in this Act effects any pending applications for land selections under section 14 of ANCSA (43 

U.S.C. 1613). 

Section 4(a) directs the Secretary to complete the interim conveyance of the 18 parcels of land described in section 3 within 60 days 

after the date the Secretary receives the resolution from Sealaska, 

although the Secretary has 2 years after the date of enactment to 

identify any public easements reserved under section 17(b) of 

ANCSA (43 U.S.C. 1616(b)). If the Secretary does not complete the 

reservation of easements within the 2-year period, the Secretary is 

directed to reserve the easements as soon as practicable after that 

date. 

Subsection (b) withdraws the 18 parcels of Federal land described in subsection (a) from all forms of appropriation under the 

public land laws; from location, entry, and patent under the mining 

laws; from disposition under the mineral or geothermal leasing 

laws; and from the Alaska Statehood Act, until the Sealaska selections are conveyed. 

Subsection (c) clarifies that the lands conveyed to Sealaska under 

subsection (a) shall be considered to be land conveyed under section 

14(h)(8) of ANCSA (43 U.S.C. 1613(h)(8)), and shall be subject to 

all laws and regulations applicable to entitlements under that section, including protections under section 907(d) of the Alaska National Interest Lands Conservation Act (ANILCA; 43 U.S.C. 

1636(d)) from adverse possession by third parties and similar 

claims based upon estoppel, and real property taxes by any governmental entity. 

Subsection (d)(1) states that all conveyances of land to Sealaska 

are subject to the reservation of public easements for access allowed by section 17(b) of ANCSA (43 U.S.C. 1616(b)) and that no 

easements may be terminated without publication of notice of termination in the Federal Register. 

Paragraph (2) requires Sealaska to reserve a conservation easement to protect aquatic and riparian habitat extending 100 feet on 

each side of three streams identified on the referenced maps. The 

streams covered by this requirement are along the main stem of 

Trout Creek on Koscuisko Island, on Old Tom Creek at Polk Inlet, 

and on Karheen and Tuxekan Creeks on Tuxekan Island. The easements bar commercial timber harvest from within the easements, 

except to allow roads in existence on the date of enactment, or to 

allow for construction of temporary roads and yarding corridors 

across the easements subject to National Forest System construction standards. 

Paragraph (3) directs the Secretary to reserve a 10-year research 

easement on 289 acres at 12 Mile Arm on Prince of Wales Island 

to permit the Forest Service to complete ongoing forestry research. 

Paragraph (4) requires the Secretary to grant Sealaska an easement to construct, use, and maintain a road to permit logs to be 

transported to a log transfer facility and sort yard at Shipley Bay 

on northern Koscuisko Island, extending from the Cape Pole Road 

to the South Shipley Bay Road. The easement also permits 

Sealaska to use maintain and expand the sort yard and associated 

upland facilities, subject to an agreement between Sealaska and 


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the Forest Service relating to the access, use, maintenance, and improvement of the roads and facilities. 

Subsection (e) provides that any land conveyed under subsection 

(a) that is located outside a withdrawal area designated under section 16(a) of ANCSA (16 U.S.C. 1615(a)) shall remain open and 

available to subsistence uses, noncommercial recreational hunting 

and fishing, and other noncommercial public recreational uses, subject to certain terms and conditions. 

Section 5(a) authorizes Sealaska to submit applications for not 

more than 76 additional cemetery sites and historical places in accordance with section 14(h)(1) of ANCSA (43 U.S.C. 1613). The 

sites are limited to ones that were identified in a report by Wilsey 

and Ham Inc., a Seattle archeological consulting firm, entitled 

‘‘1975 Native Cemetery and Historic Sites of Southeast Alaska 

(Preliminary Report)’’ and dated October, 1975, for which Sealaska 

has not previously submitted an application, and which are not located within a conservation system unit (as that term is defined in 

section 102 of ANILCA (16 U.S.C. 3102). The 76 sites are listed in 

Appendix A. 

Subsection (b) requires the Secretary to consider all applications 

submitted under this section in accordance with the criteria and 

procedures in effect as of the date of enactment of this Act. 

Subsection (c) provides that if the Secretary approves the application of the 76 sites under the procedures described in subsection 

(b), the Secretary shall convey the sites to Sealaska. If all of the 

sites are approved for conveyance, the combined acreage of the 76 

sites is approximately 490 acres. The acreage of the Bay of Pillars 

Portage historical site is limited to no more than 25 acres. Public 

access to or use of the sites conveyed under this section shall be 

consistent with the management plans for adjacent public lands. 

Subsection (d) establishes a deadline of 2 years after the date of 

enactment of this Act for Sealaska to submit its applications for the 

cemetery and historical sites it seeks to claim. 

Subsection (e) requires Sealaska to consult with recognized tribal 

entities located in the vicinity of a site to be conveyed before submitting an application to select that site. Each application must include a statement that consultation was completed. 

Subsection (f) authorizes Sealaska, if any cemetery sites or historical places are rejected in whole or in part, to submit applications to the Secretary for the conveyance of additional cemetery 

sites not located in a conservation system unit. Any subsequent applications under this subsection must occur not later than 2 years 

after the date on which the Secretary completes the conveyance of 

eligible sites under subsection (a), and shall not include cemetery 

sites located inside conservation system units, and the total acreage of the previously approved cemetery sites and historical places 

together with any additional approved cemetery sites shall not exceed 490 acres. 

Subsection (g) identifies public access rights applicable to all 

cemetery sites and historical places conveyed to Sealaska by this 

Act. All sites are subject to the reservation of public access easements under by section 17(b) of ANCSA (43 U.S.C. 1616(b)), and 

are subject to public access across the conveyed land in cases in 

which no reasonable alterative access around the land is available, 

even if the sites aren’t subject to section ANCSA 17(b) easements. 


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The public access is without liability to Sealaska, except for willful 

acts. 

The subsection also provides for public access to and along any 

Class 1 (fishery) stream described in section 705(e) of ANILCA (16 

U.S.C. 539d(e)) to permit noncommercial recreational and subsistence fishing in the streams, without liability to Sealaska, except for 

willful acts. The public access and use provisions in this subsection 

are subject to any reasonable restrictions that may be imposed by 

Sealaska to ensure public safety, to protect and conduct research 

on archaeological and cultural resources, or to provide environmental protection. 

Subsection (h)(1) provides that notwithstanding any other provision of law, Sealaska shall not alienate, transfer, assign, mortgage 

or pledge any cemetery site or historical place to any person or entity other than the United States. The subsection also prohibits any 

development of a cemetery or historical site that is incompatible 

with or in derogation of the values of the area as a cemetery site 

or historical place. 

Paragraph (2) further provides that notwithstanding any other 

provision of law, the cemetery sites or historical places conveyed to 

Sealaska by this section shall be exempt from adverse possession; 

title 11 of the U.S. Code or any other law involving insolvency or 

moratorium law, or other any law generally affecting creditors’ 

rights; judgments in any action at law or in equity (except for liens 

for real property taxes); and involuntary distributions or conveyances to any person or entity except the United States. 

Subsection (i) clarifies that cemetery sites and historical places 

conveyed to Sealaska under this section shall be considered to be 

land conveyed in accordance with section 14(h)(1) of ANCSA and 

subject to all laws applicable to those lands, including protections 

under section 907(d) of the ANILCA (43 U.S.C. 1636(d)) from adverse possession by third parties and similar claims based upon estoppel, and real property taxes by any governmental entity 

Section 6(a) provides that any guiding or outfitting special use 

permit on national forest land conveyed by this Act shall terminate 

upon the conveyance of the land to Sealaska, but as a condition of 

the conveyance, and consistent with section 14(g) of ANCSA, 

Sealaska shall issue the holder of the terminated special use authorization a new authorization to continue such operations from 

Sealaska for the remainder of the term of the terminated authorization, and one additional 10-year renewal period. The subsection 

requires that both Sealaska and the permit holder have a mutual 

obligation to inform the other party of commercial activities and 

the provision allows for Sealaska and the permit holder to negotiate new mutually agreeable terms for guiding and outfitter authorizations prior to the end of the permit period. Neither Sealaska 

nor the United States shall bear liability for activities on any conveyed lands, except for willful acts. 

Subsection (b) requires that Sealaska and the Secretary of Agriculture within one year of passage to negotiate in good faith to develop a binding agreement for the use of National Forest System 

roads and related transportation facilities by Sealaska and the use 

of Sealaska roads and related transportation facilities by the Forest 

Service, an agreement similar to what is currently in place. 


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Subsection (c) identifies three traditional trade and migration 

routes in Southeast Alaska to honor Tlingit and Haida history. The 

route from Yakutat to Dry Bay will be known as ‘‘Neix naax aan 

nax’’—The Inside Passage; the route from Bay of Pillars to Port 

Camden, shall be known as ‘‘Yakwdeiyi’’—the Canoe Road; and the 

route from Portage Bay to Duncan Canal, shall be known as 

‘‘Lingit Deiyi’’—the People’s Road. The provision allows the routes 

to be open for travel by Sealaska and the public in accordance with 

applicable law, subject to any terms, conditions and authorizations 

set by the Secretary of Agriculture. 

Subsection (d) provides a waiver to Forest Service policy concerning the management of young-growth timber tracts in the 

Tongass National Forest. The provision allows the Forest Service 

to harvest trees on some tracts prior to the culmination of mean 

annual increment of growth (CMAI), a requirement under section 

6 of the Forest and Rangeland Renewable Resources Planning Act 

of 1974. The waiver is limited to the harvest of 15,000 acres during 

a 10-year period beginning on the date of enactment with an annual maximum of 3,000 acres sold; and is limited to a total of 

50,000 acres sold, with an annual maximum of 5,000 acres after 

the first 10-year period. The waiver only applies for sales advertised if the indicated rate is not deficit (defined as the value of the 

timber is not sufficient to cover all logging and stumpage costs and 

provide a normal profit and risk allowance under the appraisal 

process of the Forest Service) when appraised using a residual 

value appraisal. 

The subsection also clarifies that nothing in this Act affects the 

requirement under section 705(a) of the Alaska National Interest 

Lands Conservation Act of 1980 that the Forest Service seek to 

meet demand for timber from the Tongass National Forest. 

The Forest Service has stated its intention in the Tongass National Forest of transitioning timber harvest away from old-growth 

forests and into second growth forests while helping to maintain a 

viable timber industry in southeast Alaska.Current National Forest 

Management Act regulations generally allow final harvest of timber stands on Forest Service lands only after forest stands reach 

an age that maximizes the timber yield over continuous timber rotations (i.e., culmination of mean annual increment (CMAI)). Effectively, this regulation prohibits the Forest Service from conducting 

final harvest in second growth timber on the Tongass National Forest until trees reach an age of 70 years or more. The effect of current CMAI regulations is to slow the transition that would replace 

old growth timber with second growth timber over time on the 

Tongass National Forest. 

The provisions in this legislation relaxing the culmination of 

mean annual increment requirements on the Tongass National Forest will allow earlier harvest of stands of second growth timber, 

thereby speeding the transition away from old growth timber. The 

Forest Service is required by section 705(a) of the Alaska National 

Interest Lands Conservation Act (16 U.S.C. 539d(a)) to ‘‘seek to 

meet demand’’ for timber in the region. Nothing in this legislation 

changes this requirement. Further, the Forest Service has been required to ensure that timber sales are economic for many years by 

provisions of successive annual appropriation laws. This legislation 

would make those provisions permanent for sales of second growth 


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timber from the Tongass National Forest. The Committee expects 

that in carrying out the CMAI provisions of this legislation that the 

Forest Service will provide sufficient supply of suitable timber 

through timber sales that are economic, thereby helping maintain 

the timber industry during the transition. 

Subsection (e) states that nothing in this Act delays the duty of 

the Secretary to convey lands to the State of Alaska in accordance 

with the Alaska Statehood Act of 1958, or to Alaska Native Corporations in accordance with ANCSA and the Alaska Land Transfer Acceleration Act of 2004. 

Paragraph (3) clarifies that nothing in this Act enlarges or diminishes the responsibility and authority of the State of Alaska 

with respect to the management of fish and wildlife on public lands 

in Alaska. 

Subsection (f) provides that if Sealaska files the resolution in accordance with section 3(a), it shall forfeit to the federal treasury 

any proceeds collected in an escrow fund since ANCSA’s passage in 

1971 from receipts from lands that Sealaska is receiving by this 

Act. The subsection also extinguishes Sealaska’s rights to any proceeds, including interest, in the escrow account. The subsection also 

allows for technical corrections to the maps created to implement 

this Act and requires that all maps be available for public inspection in appropriate offices of the Department of Agriculture. 

Section 7(a) provides that if Sealaska files the resolution required 

in section 3(a) accepting the conveyance of lands under this Act, 8 

new conservation areas totaling 152,067 acres are established in 

the Tongass National Forest, all Land Unit Designation II (LUD II) 

areas. The areas are established by amending section 508 of 

ANILCA, which was added by section 201 of the Tongass Timber 

Reform Act of 1990. The new LUD II areas established are: Bay 

of Pillars, 20,863 acres; Kushneahin Creek, 33,613 acres; Northern 

Prince of Wales, 8,728 acres; Western Koscuisko, 8,012 acres; Eastern Koscuikso, 1,664 acres; Sarkar Lakes, 24,509 acres; Honker Divide, 19,805 acres; and Eek Lake and Sukkwan Island, 34,873 

acres. 

Subsection (b) states that the designation of the conservation 

areas in subsection (a) is not intended to lead to the creation of 

protective perimeters or buffer zones around the conservation 

areas, and that the fact that activities outside of the conservation 

areas are not consistent with the purposes of the conservation 

areas or can be seen or heard within the conservation areas shall 

not preclude the activities or uses outside the boundary of the conservation areas. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 340—Southeast Alaska Native Land Entitlement Finalization 

and Jobs Protection Act 

S. 340 would authorize the Southeast Alaska Native Corporation 

(Sealaska) to select the remainder of its land entitlement from federal lands outside the area originally delineated for that purpose 

by the Alaska Native Claims Settlement Act. Based on information 

from the Forest Service, CBO estimates that enacting S. 340 would 


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result in a net loss of $3 million in timber receipts over the 2014– 

2023 period (such losses would increase direct spending). Because 

enacting the legislation would affect direct spending, pay-as-you-go 

procedures apply. Enacting S. 340 would not affect revenues. 

Under the bill, Sealaska would be permitted to choose its remaining land entitlement from about 70,000 acres of old- and second-growth forest land. Though the legislation would not grant additional lands to Sealaska, it would allow Sealaska to select from 

federal lands that are not available under current law and that are 

expected to generate timber receipts for the Treasury. In contrast, 

the lands available under current law are not expected to generate 

receipts to the Treasury. The bill also would open up some previously unavailable young-growth stands of timber for the Forest 

Service to harvest. Proceeds from the sale of timber on federal land 

are deposited in the Treasury as offsetting receipts (a credit 

against direct spending). 

CBO estimates that enacting S. 340 would result in about 10,000 

fewer federal acres being harvested for timber by the federal government over the 2014–2023 period, considering both the lands 

that would be acquired by Sealaska and the lands newly available 

to the Forest Service. We estimate that this reduction in timber 

harvests would reduce offsetting receipts by about $13 million over 

the 2014–2023 period. Because the Forest Service has the authority 

to spend a portion of those receipts without further appropriation, 

CBO estimates that enacting the bill would reduce net offsetting 

receipts to the Treasury by $3 million over the 2014–2023 period 

and additional amounts after 2023. 

The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct 

spending or revenues. S. 340 would increase direct spending; therefore, pay-as-you-go procedures apply. The net changes in outlays 

that are subject to those pay-as-you-go procedures are shown in the 

following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 340 AS ORDERED REPORTED BY THE HOUSE 

COMMITTEE ON NATURAL RESOURCES ON JUNE 18, 2013 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013– 

2018 

2013– 

2023 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 0 0 0 0 0 0 0 1 1 1 0 3 

S. 340 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. Enacting this 

legislation would benefit Sealaska. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 


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of the regulatory impact which would be incurred in carrying out 

S. 340. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 340, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 340, as reported, does not contain any congressionally directed 

spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Bureau of Land Management and 

the Forest Service at the April 25, 2013, Subcommittee on Public 

Lands, Forests, and Mining hearing on S. 340 follows: 

STATEMENT OF JAMIE CONNELL, ACTING DEPUTY DIRECTOR, 

BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE

INTERIOR

Thank you for the opportunity to provide the views of 

the Department of the Interior (Department) on S. 340, 

the Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act. My comments are limited to 

the programs administered by agencies of the Department, 

including the administration of the Alaska Land Conveyance Program by the Bureau of Land Management (BLM). 

S. 340 would amend the Alaska Native Claims Settlement Act (ANCSA) to allow the Southeast Alaska Native 

Corporation (Sealaska) to receive conveyance of Federal 

lands from areas of Alaska outside of originally designated 

withdrawal areas, finalizing its entitlement under ANCSA. 

The Department supports the goals of completing ANCSA 

entitlements as soon as possible so that Alaska Native corporations, including Sealaska, may each have the full economic benefits of completed land entitlements. The Department defers to the U.S. Forest Service on matters regarding the disposition and management of National Forest System lands. 

We look forward to working with the Congress, 

Sealaska, and community partners and interests to fulfill 

entitlements. Over the past years, the BLM has maintained an accelerated pace in administering the ANCSA 

land conveyance program; at mid-Fiscal Year 2013, the 

BLM had surveyed and patented to Native corporations 

nearly 32.6 million acres of ANCSA entitlements and had 

granted interim conveyance (all right, title, and interest of 

the Federal government) on approximately an additional 

11.2 million acres of entitlements. 


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BACKGROUND

The BLM is responsible for expediting Federal land conveyances to individual Alaska Natives, Native corporations, and the State of Alaska under five core statutes: the 

Alaska Native Allotment Act of 1906, the Alaska Statehood Act of 1958, the Alaska Native Veterans Allotment 

Act of 1998, ANCSA, and the Alaska Land Transfer Acceleration Act (ALTAA). When these land conveyances are 

completed, about 150 million acres, or approximately 42 

percent of the land area of Alaska, will have been transferred from Federal to State and private (Native) ownership. 

ANCSA established a framework under which Alaska 

Natives formed private corporations to select and receive 

title to 44 million acres of public land in Alaska and receive payment of $962.5 million in settlement of aboriginal 

claims to land in the State. Sealaska is one of 12 regional 

corporations formed under ANCSA. 

S. 340

S. 340 would allow Sealaska to receive conveyance of 

lands outside of the original withdrawal areas established 

by ANCSA in 1971; specifically, to receive conveyance of 

lands from among 18 identified parcels in the Tongass National Forest other than those that were originally available for selection, and to receive conveyance of up to 490 

acres of Federal land for cemetery sites and historical 

places. Conveyance of these parcels would constitute finalization of Sealaska’s entitlement under ANCSA. 

The BLM would like the opportunity to work with the 

Committee on technical concerns related to finalizing the 

Sealaska entitlement. We note that if S. 340 is enacted 

other corporations might seek similar legislation for the 

substitution of new lands. In addition, the U.S. Fish and 

Wildlife Service notes that if S. 340 is enacted as proposed 

and the Tongass Forest Management Plan is modified, the 

Service may have to review its findings not to list the 

southeast Alaska distinct population segment (DPS) of 

Queen Charlotte goshawk and the Alexander Archipelago 

wolf. 

CONCLUSION

The BLM in Alaska has made significant progress since 

the enactment of ALTAA, which gave the BLM tools to expedite land conveyances. We look forward to continuing to 

work with Alaska Native corporations, Native individuals, 

the State of Alaska, and other agencies and interests to 

fulfill the remaining land entitlements. Thank you for the 

opportunity to testify. I will be glad to answer any questions. 


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STATEMENT OF JAMES M. PEN ̃ A, ASSOCIATE DEPUTY CHIEF, 

NATIONAL FOREST SYSTEM, FOREST SERVICE, DEPARTMENT OF AGRICULTURE

Mr. Chairman and members of the Committee, thank 

you for the opportunity to appear before you today to provide the Department of Agriculture’s views on S. 340, the 

‘‘Southeast Alaska Native Land Entitlement Finalization 

and Jobs Protection Act.’’ S. 340 would allow the Sealaska 

Corporation, a Regional Corporation established under the 

Alaska Native Claims Settlement Act of 1971 (ANCSA), to 

obtain its remaining land entitlement under ANCSA from 

portions of the Tongass National Forest outside of the 

withdrawal areas to which Sealaska’s selections are currently restricted by law. 

The Department of Agriculture supports the objectives of 

finalizing Sealaska’s remaining ANCSA entitlement, and 

completing conveyance of it. Over the last two years, the 

Forest Service has worked diligently with USDA, the Department of the Interior, Sealaska, the Alaska delegation, 

members and staff of the Committee, and others to develop 

a solution that works for everyone. S. 340 represents a 

major step forward in that effort. We look forward to continuing the close working relationship to resolve the few 

issues that remain. 

Under S. 340, if the Sealaska board of directors approves 

the conveyances contemplated by the bill within 90 days of 

its enactment, the Secretary of the Interior would convey 

to Sealaska 18 parcels of Federal land on the Tongass National Forest totaling 69,585 acres within 60 days. 

Sealaska would also be allowed to apply within two years 

to the Secretary of the Interior for 76 cemetery sites and 

historical places; conveyance would be limited to a total of 

490 acres. If any of these sites were rejected, Sealaska 

could apply for additional cemetery sites. These conveyances totaling 70,075 acres of Federal land would be the 

full and final satisfaction of Sealaska’s remaining land entitlement under ANCSA. 

The biggest remaining issue deals with the potential effects of the bill on the transition to young growth forest 

management in Southeast Alaska, and ways to offset those 

effects. USDA is making extensive efforts to transition the 

Tongass timber program, and the timber industry in 

Southeast Alaska, away from a reliance on old-growth timber towards a reliance primarily on the harvest of young 

growth stands. We believe this transition is essential to 

the long-term social and economic sustainability of the industry, and of the local economies of the communities in 

Southeast Alaska. 

Under S. 340, many of the oldest second-growth stands 

on the Tongass would be conveyed to Sealaska. That would 

accelerate Sealaska’s young growth program, but substantially delay the development of the Forest Service’s young 

growth program on the Tongass unless additional steps 

are taken. The steps recommended by the Administration 


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relate to the ‘‘Culmination of Mean Annual Increment,’’ or 

CMAI. This is a provision of the National Forest Management Act which, in lay terms, generally limits the harvest 

of young growth forest stands until they have reached 

their maximum rate of growth. In order for the Tongass to 

continue its transition to harvesting young growth without 

any delay caused by the transfer of lands to Sealaska, the 

Administration recommends that a limited amount of 

young growth timber on the Tongass be expressly exempted from CMAI. This exemption is not precedent-setting; it 

would apply only to the Tongass National Forest, due to 

the unique situation presented by this legislation. The existing CMAI provision contained in the NFMA would not 

be amended. We recognize that forest industry wants to 

ensure that the transition to young growth timber is done 

in a way that sustains the industry. We share that goal 

and believe that a limited CMAI exemption in this legislation will benefit the industry, local communities, and the 

Tongass. The successful resolution of this issue would remove the primary obstacle to moving forward with this 

bill. 

There are several other minor amendments still being 

discussed. We hope to continue working with Sealaska and 

the Committee on these issues to ensure the final bill can 

be swiftly and efficiently implemented. 

In conclusion, we have come a long way toward developing a solution that works for all parties. Particularly the 

department wants to recognize Sen. Barrasso and her 

staff, for their willingness to work in good faith toward 

agreements wherever possible. With a little more time and 

effort, the department believes that result can be achieved. 

This concludes my testimony and I would be happy to 

answer any questions you may have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by S. 340 as ordered reported. 

If Sealaska files the resolution in accordance with section 3(a) of 

this Act, the changes in existing law made by S. 340, as ordered 

reported are as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman): 


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ALASKA NATIONAL INTEREST LANDS 

CONSERVATION ACT 

Public Law 96–487 

Approved December 2, 1980 (94 Stat. 2371) 

AN ACT To provide for the designation and conservation of certain public lands in 

the State of Alaska, including the designation of units of the National Park, National Wildlife Refuge, National Forest, National Wild and Scenic Rivers, and National Wilderness Preservation Systems, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. This Act, may be cited as the ‘‘Alaska National Interest Lands Conservation Act’’. 

* * * * * * * 

TITLE V—NATIONAL FOREST SYSTEM 

* * * * * * * 

SEC. 508. LUD II MANAGEMENT AREAS. 

The following lands are hereby allocated to Land Use Designation II (‘‘LUD II’’) as described in the Tongass National Forest 

Land Management Plan, completed March, 1979, and amended 

Winter 1985–1986, and shall be managed by the Secretary of Agriculture in perpetuity in accordance with such designation: 

(1) YAKUTAT FORE LANDS.—Certain lands which comprise approximately 137,947 acres, as generally depicted on a map entitled ‘‘Yakutat Forelands LUD I1 Management Area-Proposed’’ 

and dated March, 1990. 

(2) BERNERS BAY.—Certain lands which comprise approximately 46,000 acres, as generally depicted on a map entitled 

‘‘Berners Bay LUD II Management Area-Proposed’’ and dated 

May, 1989. 

(3) ANAN CREEK.—Certain lands which comprise approximately 38,415 acres, as generally depicted on a map entitled 

‘‘Anan Creek LUD II Management Area-Proposed’’ and dated 

October, 1990. 

(4) KADASHAN.—Certain lands which comprise approximately 

33,641 acres, as generally depicted on a map entitled 

‘‘Kadashan LUD II Management Area-Proposed’’ and dated 

May, 1989. 

(5) LISIANSKI RIVER/UPPER HOONAH SOUND.—Certain lands 

which comprise approximately 137,538 acres as generally depicted on a map entitled ‘‘Lisianski River/Upper Hoonah Sound 

LUD II Management Area-Proposed’’ and dated October, 1990. 

(6) MT. CALDER/MT. HOLBROOK.—Certain lands which comprise approximately 64,040 acres as generally depicted on a 

map entitled ‘‘Mt. Calder/Mt. Holbrook LUD II Management 

Area-Proposed’’ and dated May, 1989 and ‘‘Mt. CaIder/Mt. Holbrook LUD II Addition’’, dated October, 1990. 

(7) NUTKWA.—Certain Lands which comprise approximately 

28,118 acres as generally depicted on a map entitled ‘‘Nutkwa 

LUD II Management Area-Proposed’ and dated May, 1989. 


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(8) OUTSIDE LANDS.—Certain lands which comprise approximately 75,017 acres as generally depicted on a map entitled 

‘‘Outside Islands LUD II Management Area-Proposed’’ and 

dated May, 1989. 

(9) TRAP BAY.—Certain lands which comprise approximately 

6,646 acres as generally depicted on a map entitled ‘‘Trap Bay 

LUD II Management Area-Proposed’’ and dated May, 1989. 

(10) POINT ADOLPHUS/MUD BAY.—Certain lands which comprise approximately 113,326 acres as generally depicted on a 

map entitled ‘‘Point Adolphus/Mud Bay LUD II Management 

Area-Proposed’’ and dated October, 1990. 

(11) NAHA.—Certain lands which comprise approximately 

31,794 acres as generally depicted on a map entitled ‘‘Naha 

LUD II Management Area-Proposed’’ and dated October, 1990. 

(12) SALMON BAY.—Certain lands which comprise approximately 10,000 acres as generally depicted on a map entitled 

‘‘Salmon Bay LUD II Management Area-Proposed’’ and dated 

October, 1990. 

(13) BAY OF PILLARS.—Certain land which comprises approximately 20,863 acres, as generally depicted on the map entitled 

‘‘Bay of Pillars LUD II Management Area—Proposed’’ and 

dated June 14, 2013. 

(14) KUSHNEAHIN CREEK.—Certain land which comprises approximately 33,613 acres, as generally depicted on the map entitled ‘‘Kushneahin Creek LUD II Management Area—Proposed’’ 

and dated June 14, 2013. 

(15) NORTHERN PRINCE OF WALES.—Certain land which comprises approximately 8,728 acres, as generally depicted on the 

map entitled ‘‘Northern Prince of Wales LUD II Management 

Area—Proposed’’ and dated June 14, 2013. 

(16) WESTERN KOSCIUSKO.—Certain land which comprises 

approximately 8,012 acres, as generally depicted on the map entitled ‘‘Western Kosciusko LUD II Management Area—Proposed’’ and dated June 14, 2013. 

(17) EASTERN KOSCIUSKO.—Certain land which comprises approximately 1,664 acres, as generally depicted on the map entitled ‘‘Eastern Kosciusko LUD II Management Area—Proposed’’ 

and dated June 14, 2013. 

(18) SARKAR LAKES.—Certain land which comprises approximately 24,509 acres, as generally depicted on the map entitled 

‘‘Sarkar Lakes LUD II Management Area—Proposed’’ and 

dated June 14, 2013. 

(19) HONKER DIVIDE.—Certain land which comprises approximately 19,805 acres, as generally depicted on the map entitled 

‘‘Honker Divide LUD II Management Area—Proposed’’ and 

dated June 14, 2013. 

(20) EEK LAKE AND SUKKWAN ISLAND.—Certain land which 

comprises approximately 34,873 acres, as generally depicted on 

the map entitled ‘‘Eek Lake and Sukkwan Island LUD II Management Area—Proposed’’ and dated June 14, 2013. 

* * * * * * * 

Æ 


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