I 

112TH CONGRESS 

1ST SESSION H. R. 1408 

To provide for the settlement of certain claims under the Alaska Native 

Claims Settlement Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2011 

Mr. YOUNG of Alaska (for himself, Mr. PIERLUISI, Mr. FALEOMAVAEGA, Mr. 

SABLAN, Ms. BORDALLO, Mr. BOREN, Mr. DENHAM, Mr. BENISHEK, Mr. 

LUJA ́N, and Ms. HANABUSA introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide for the settlement of certain claims under the 

Alaska Native Claims Settlement Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Southeast Alaska Na5 tive Land Entitlement Finalization and Jobs Protection 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


smartinez on DSKB9S0YB1PROD with BILLS
2 

HR 1408 IH 

1 (1) SEALASKA.—The term ‘‘Sealaska’’ means 

2 the Sealaska Corporation, a Regional Native Cor3 poration created under the Alaska Native Claims 

4 Settlement Act (43 U.S.C. 1601 et seq.). 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 SEC. 3. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1)(A) in 1971, Congress enacted the Alaska 

10 Native Claims Settlement Act (43 U.S.C. 1601 et 

11 seq.) to recognize and settle the aboriginal claims of 

12 Alaska Natives to land historically used by Alaska 

13 Natives for traditional, cultural, and spiritual pur14 poses; and 

15 (B) that Act declared that the land settlement 

16 ‘‘should be accomplished rapidly, with certainty, in 

17 conformity with the real economic and social needs 

18 of Natives’’; 

19 (2) the Alaska Native Claims Settlement Act 

20 (43 U.S.C. 1601 et seq.)— 

21 (A) authorized the distribution of approxi22 mately $1,000,000,000 and 44,000,000 acres of 

23 land to Alaska Natives; and 

24 (B) provided for the establishment of Na25 tive Corporations to receive and manage the 


smartinez on DSKB9S0YB1PROD with BILLS
3 

HR 1408 IH 

1 funds and that land to meet the cultural, social, 

2 and economic needs of Native shareholders; 

3 (3) under section 12 of the Alaska Native 

4 Claims Settlement Act (43 U.S.C. 1611), each Re5 gional Corporation, other than Sealaska (the Re6 gional Corporation for southeast Alaska), was au7 thorized to receive a share of land based on the pro8 portion that the number of Alaska Native share9 holders residing in the region of the Regional Cor10 poration bore to the total number of Alaska Native 

11 shareholders, or the relative size of the area to which 

12 the Regional Corporation had an aboriginal land 

13 claim bore to the size of the area to which all Re14 gional Corporations had aboriginal land claims; 

15 (4)(A) Sealaska, the Regional Corporation for 

16 southeast Alaska, 1 of the Regional Corporations 

17 with the largest number of Alaska Native share18 holders, with more than 21 percent of all original 

19 Alaska Native shareholders, received less than 1 per20 cent of the lands set aside for Alaska Natives, and 

21 received no land under section 12 of the Alaska Na22 tive Claims Settlement Act (43 U.S.C. 1611); 

23 (B) the Tlingit and Haida Indian Tribes of 

24 Alaska was 1 of the entities representing the Alaska 

25 Natives of southeast Alaska before the date of enactVerDate Mar 15 2010 02:50 Apr 09, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1408.IH H1408

smartinez on DSKB9S0YB1PROD with BILLS
4 

HR 1408 IH 

1 ment of the Alaska Native Claims Settlement Act 

2 (43 U.S.C. 1601 et seq.); and 

3 (C) Sealaska did not receive land in proportion 

4 to the number of Alaska Native shareholders, or in 

5 proportion to the size of the area to which Sealaska 

6 had an aboriginal land claim, in part because of a 

7 United States Court of Claims cash settlement to 

8 the Tlingit and Haida Indian Tribes of Alaska in 

9 1968 for land previously taken to create the Tongass 

10 National Forest and Glacier Bay National Monu11 ment; 

12 (5) the 1968 Court of Claims cash settlement 

13 of $7,500,000 did not— 

14 (A) adequately compensate the Alaska Na15 tives of southeast Alaska for the significant 

16 quantity of land and resources lost as a result 

17 of the creation of the Tongass National Forest 

18 and Glacier Bay National Monument or other 

19 losses of land and resources; or 

20 (B) justify the significant disparate treat21 ment of Sealaska under the Alaska Native 

22 Claims Settlement Act (43 U.S.C. 1611) in 

23 1971; 

24 (6)(A) while each other Regional Corporation 

25 received a significant quantity of land under sections 


smartinez on DSKB9S0YB1PROD with BILLS
5 

HR 1408 IH 

1 12 and 14 of the Alaska Native Claims Settlement 

2 Act (43 U.S.C. 1611, 1613), Sealaska only received 

3 land under section 14(h) of that Act (43 U.S.C. 

4 1613(h)); 

5 (B) section 14(h) of the Alaska Native Claims 

6 Settlement Act (43 U.S.C. 1613(h)) authorized the 

7 Secretary to withdraw and convey 2,000,000-acres 

8 of ‘‘unreserved and unappropriated’’ public lands in 

9 Alaska from which Alaska Native selections could be 

10 made for historic sites, cemetery sites, Urban Cor11 poration land, Native group land, and Native Allot12 ments; 

13 (C) under section 14(h)(8) of the Alaska Native 

14 Claims Settlement Act (43 U.S.C. 1613(h)(8)), after 

15 selections are made under paragraphs (1) through 

16 (7) of that section, the land remaining in the 

17 2,000,000-acre land pool is allocated based on the 

18 proportion that the original Alaska Native share19 holder population of a Regional Corporation bore to 

20 the original Alaska Native shareholder population of 

21 all Regional Corporations; 

22 (D) the only Native land entitlement of 

23 Sealaska derives from a proportion of leftover land 

24 remaining from the 2,000,000-acre land pool, estiVerDate Mar 15 2010 02:50 Apr 09, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1408.IH H1408

smartinez on DSKB9S0YB1PROD with BILLS
6 

HR 1408 IH 

1 mated as of the date of enactment of this Act at ap2 proximately 1,700,000 acres; 

3 (E) because at the time of enactment of the 

4 Alaska Native Claims Settlement Act (43 U.S.C. 

5 1601 et seq.) all public land in the Tongass National 

6 Forest had been reserved for purposes of creating 

7 the national forest, the Secretary was not able to 

8 withdraw any public land in the Tongass National 

9 Forest for selection by and conveyance to Sealaska; 

10 (F) at the time of enactment of the Alaska Na11 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 

12 other public lands in southeast Alaska not located in 

13 the Tongass National Forest were not suitable for 

14 selection by and conveyance to Sealaska because 

15 such lands were located in Glacier Bay National 

16 Monument, were included in a withdrawal effected 

17 pursuant to section 17(d)(2) of that Act (43 U.S.C. 

18 1616(d)(2)) and slated to become part of the 

19 Wrangell-St. Elias National Park, or essentially con20 sisted of mountain tops; 

21 (G) Sealaska in 1975 requested that Congress 

22 amend the Alaska Native Claims Settlement Act (43 

23 U.S.C. 1601 et seq.) to permit the Regional Cor24 poration to select lands inside of the withdrawal 

25 areas established for southeast Alaska Native vilVerDate Mar 15 2010 02:50 Apr 09, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1408.IH H1408

smartinez on DSKB9S0YB1PROD with BILLS
7 

HR 1408 IH 

1 lages under section 16 of that Act (43 U.S.C. 1615); 

2 and 

3 (H) in 1976, Congress amended section 16 of 

4 the Alaska Native Claims Settlement Act (43 U.S.C. 

5 1615) to allow Sealaska to select lands under section 

6 14(h)(8) of that Act (43 U.S.C. 1613(h)(8)) from 

7 land located inside, rather than outside, the with8 drawal areas established for southeast Alaska Native 

9 villages; 

10 (7) the 10 Alaska Native village withdrawal 

11 areas in southeast Alaska surround the Alaska Na12 tive communities of Yakutat, Hoonah, Angoon, 

13 Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, 

14 and Saxman; 

15 (8)(A) the existing conveyance requirements of 

16 the Alaska Native Claims Settlement Act (43 U.S.C. 

17 1601 et seq.) for southeast Alaska limit the land eli18 gible for conveyance to Sealaska to the original with19 drawal areas surrounding 10 Alaska Native villages 

20 in southeast Alaska, which precludes Sealaska from 

21 selecting land located— 

22 (i) in any withdrawal area established for 

23 the Urban Corporations for Sitka and Juneau, 

24 Alaska; or 


smartinez on DSKB9S0YB1PROD with BILLS
8 

HR 1408 IH 

1 (ii) outside the 10 Alaska Native village 

2 withdrawal areas; and 

3 (B) unlike other Regional Corporations, 

4 Sealaska is not authorized to request land located 

5 outside the withdrawal areas described in subpara6 graph (A) if the withdrawal areas are insufficient to 

7 complete the land entitlement of Sealaska under the 

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

9 1601 et seq.); 

10 (9)(A) the deadline for applications for selection 

11 of cemetery sites and historic places on land outside 

12 withdrawal areas established under section 14 of the 

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

14 1613) was July 1, 1976; 

15 (B)(i) as of that date, the Bureau of Land 

16 Management notified Sealaska that the total entitle17 ment of Sealaska would be approximately 200,000 

18 acres; and 

19 (ii) Sealaska made entitlement allocation deci20 sions for cultural sites and economic development 

21 sites based on that original estimate; 

22 (C) as a result of the Alaska Land Transfer Ac23 celeration Act (Public Law 108–452; 118 Stat. 

24 3575) and subsequent related determinations and 

25 actions of the Bureau of Land Management, it beVerDate Mar 15 2010 02:50 Apr 09, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1408.IH H1408

smartinez on DSKB9S0YB1PROD with BILLS
9 

HR 1408 IH 

1 came clear within the last decade that Sealaska will 

2 receive significantly more than 200,000 acres pursu3 ant to the Alaska Native Claims Settlement Act (43 

4 U.S.C. 1601 et seq.); 

5 (10) in light of the revised Bureau of Land 

6 Management estimate of the total number of acres 

7 that Sealaska will receive pursuant to the Alaska 

8 Native Claims Settlement Act (43 U.S.C. 1601 et 

9 seq.), and in consultation with Members of Alaska’s 

10 congressional delegation, Sealaska and its share11 holders believe that it is appropriate to allocate more 

12 of the entitlement of Sealaska to— 

13 (A) the acquisition of places of sacred, cul14 tural, traditional, and historical significance; 

15 (B) the acquisition of sites with traditional 

16 and recreational use value and sites suitable for 

17 renewable energy development; and 

18 (C) the acquisition of lands that are not 

19 within the watersheds of Native and non-Native 

20 communities and are suitable economically and 

21 environmentally for natural resource develop22 ment; 

23 (11)(A) pursuant to section 11(a)(1) of the 

24 Alaska Native Claims Settlement Act (43 U.S.C. 

25 1610(a)(1)), Sealaska was not authorized to select 


smartinez on DSKB9S0YB1PROD with BILLS
10 

HR 1408 IH 

1 under section 14(h)(1) of that Act (43 U.S.C. 

2 1613(h)(1)) any site within Glacier Bay National 

3 Park, despite the abundance of cultural sites within 

4 that Park; 

5 (B) Sealaska seeks cooperative agreements to 

6 ensure that cultural sites within Glacier Bay Na7 tional Park are subject to cooperative management 

8 by Sealaska, Village and Urban Corporations, and 

9 federally recognized tribes with ties to the cultural 

10 sites and history of the Park; and 

11 (C) Congress recognizes that there is an exist12 ing Memorandum of Understanding (MOU) between 

13 the Park Service and the Hoonah Indian Associa14 tion, and does not intend to circumvent the MOU; 

15 rather the intent is to ensure that this and similar 

16 mechanisms for cooperative management in Glacier 

17 Bay are required by law; 

18 (12)(A) the cemetery sites and historic places 

19 conveyed to Sealaska pursuant to section 14(h)(1) of 

20 the Alaska Native Claims Settlement Act (43 U.S.C. 

21 1613(h)(1)) are subject to a restrictive covenant not 

22 required by the Alaska Native Claims Settlement 

23 Act (43 U.S.C. 1601 et seq.) that hinders the ability 

24 of Sealaska to use the sites for cultural, educational, 

25 or research purposes for Alaska Natives and others; 


smartinez on DSKB9S0YB1PROD with BILLS
11 

HR 1408 IH 

1 (B) historic sites managed by the Forest Serv2 ice are not subject to the limitations referred to in 

3 subparagraph (A); and 

4 (C) Alaska Natives of southeast Alaska should 

5 be permitted to use cemetery sites and historic 

6 places in a manner that is— 

7 (i) consistent with the sacred, cultural, tra8 ditional, or historic nature of the site; and 

9 (ii) not inconsistent with the management 

10 plans for adjacent public land; 

11 (13) 44 percent (820,000 acres) of the 10 Alas12 ka Native village withdrawal areas established under 

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

14 1601 et seq.) described in paragraphs (7) and (8) 

15 are composed of salt water and not available for se16 lection; 

17 (14) of land subject to the selection rights of 

18 Sealaska, 110,000 acres are encumbered by guber19 natorial consent requirements under the Alaska Na20 tive Claims Settlement Act (43 U.S.C. 1601 et seq.); 

21 (15) in each withdrawal area, there exist factors 

22 that limit the ability of Sealaska to select sufficient 

23 land, and, in particular, economically viable land, to 

24 fulfill the land entitlement of Sealaska, including 

25 factors such as— 


smartinez on DSKB9S0YB1PROD with BILLS
12 

HR 1408 IH 

1 (A) with respect to the Yakutat withdrawal 

2 area— 

3 (i) 46 percent of the area is salt 

4 water; 

5 (ii) 10 sections (6,400 acres) around 

6 the Situk Lake were restricted from selec7 tion, with no consideration provided for the 

8 restriction; and 

9 (iii)(I) 70,000 acres are subject to a 

10 gubernatorial consent requirement before 

11 selection; and 

12 (II) Sealaska received no consider13 ation with respect to the consent restric14 tion; 

15 (B) with respect to the Hoonah withdrawal 

16 area, 51 percent of the area is salt water; 

17 (C) with respect to the Angoon withdrawal 

18 area— 

19 (i) 120,000 acres of the area is salt 

20 water; 

21 (ii) Sealaska received no consideration 

22 regarding the prohibition on selecting land 

23 from the 80,000 acres located within the 

24 Admiralty Island National Monument; and 


smartinez on DSKB9S0YB1PROD with BILLS
13 

HR 1408 IH 

1 (iii)(I) the Village Corporation for 

2 Angoon was allowed to select land located 

3 outside the withdrawal area on Prince of 

4 Wales Island, subject to the condition that 

5 the Village Corporation shall not select 

6 land located on Admiralty Island; but 

7 (II) no alternative land adjacent to 

8 the out-of-withdrawal land of the Village 

9 Corporation was made available for selec10 tion by Sealaska; 

11 (D) with respect to the Kake withdrawal 

12 area— 

13 (i) 64 percent of the area is salt 

14 water; and 

15 (ii) extensive timber harvesting by the 

16 Forest Service occurred in the area before 

17 1971 that significantly reduced the value 

18 of land available for selection by, and con19 veyance to, Sealaska; 

20 (E) with respect to the Kasaan withdrawal 

21 area— 

22 (i) 54 percent of the area is salt 

23 water; and 

24 (ii) the Forest Service previously har25 vested in the area; 


smartinez on DSKB9S0YB1PROD with BILLS
14 

HR 1408 IH 

1 (F) with respect to the Klawock with2 drawal area— 

3 (i) the area consists of only 5 town4 ships, as compared to the usual withdrawal 

5 area of 9 townships, because of the prox6 imity of the Klawock withdrawal area to 

7 the Village of Craig, which reduces the se8 lection area by 92,160 acres; and 

9 (ii) the Klawock and Craig withdrawal 

10 areas are 35 percent salt water; 

11 (G) with respect to the Craig withdrawal 

12 area, the withdrawal area consists of only 6 

13 townships, as compared to the usual withdrawal 

14 area of 9 townships, because of the proximity of 

15 the Craig withdrawal area to the Village of 

16 Klawock, which reduces the selection area by 

17 69,120 acres; 

18 (H) with respect to the Hydaburg with19 drawal area— 

20 (i) 36 percent of the area is salt 

21 water; and 

22 (ii) Sealaska received no consideration 

23 under the Haida Land Exchange Act of 

24 1986 (Public Law No. 99–664; 100 Stat. 

25 4303) for relinquishing selection rights to 


smartinez on DSKB9S0YB1PROD with BILLS
15 

HR 1408 IH 

1 land within the withdrawal area that the 

2 Haida Corporation exchanged to the For3 est Service; 

4 (I) with respect to the Klukwan withdrawal 

5 area— 

6 (i) 27 percent of the area is salt 

7 water; and 

8 (ii) the withdrawal area is only 70,000 

9 acres, as compared to the usual withdrawal 

10 area of 207,360 acres, which reduces the 

11 selection area by 137,360 acres; and 

12 (J) with respect to the Saxman withdrawal 

13 area— 

14 (i) 29 percent of the area is salt 

15 water; 

16 (ii) Sealaska received no consideration 

17 for the 50,576 acres within the withdrawal 

18 area adjacent to the first-class city of 

19 Ketchikan that were excluded from selec20 tion; 

21 (iii) Sealaska received no consider22 ation with respect to the 1977 amendment 

23 to the Alaska Native Claims Settlement 

24 Act (43 U.S.C. 1601 et seq.) requiring guVerDate Mar 15 2010 02:50 Apr 09, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1408.IH H1408

smartinez on DSKB9S0YB1PROD with BILLS
16 

HR 1408 IH 

1 bernatorial consent for selection of 58,000 

2 acres in that area; and 

3 (iv) 23,888 acres are located within 

4 the Annette Island Indian Reservation for 

5 the Metlakatla Indian Tribe and are not 

6 available for selection; 

7 (16) the selection limitations and guidelines ap8 plicable to Sealaska under the Alaska Native Claims 

9 Settlement Act (43 U.S.C. 1601 et seq.)— 

10 (A) are inequitable and inconsistent with 

11 the purposes of that Act because there is insuf12 ficient land remaining in the withdrawal areas 

13 to meet the traditional, cultural, and socio14 economic needs of the shareholders of Sealaska; 

15 and 

16 (B) make it difficult for Sealaska to se17 lect— 

18 (i) places of sacred, cultural, tradi19 tional, and historical significance; 

20 (ii) sites with traditional and recre21 ation use value and sites suitable for re22 newable energy development; and 

23 (iii) lands that meet the real economic 

24 needs of the shareholders of Sealaska; 


smartinez on DSKB9S0YB1PROD with BILLS
17 

HR 1408 IH 

1 (17) unless Sealaska is allowed to select land 

2 outside designated withdrawal areas in southeast 

3 Alaska, Sealaska will not be able to— 

4 (A) complete the land entitlement selec5 tions of Sealaska under the Alaska Native 

6 Claims Settlement Act (43 U.S.C. 1601 et seq.) 

7 in a manner that meets the cultural, social, and 

8 economic needs of Native shareholders; 

9 (B) avoid land selections in watersheds 

10 that are the exclusive drinking water supply for 

11 regional communities, support world class salm12 on streams, have been identified as important 

13 habitat, or would otherwise be managed by the 

14 Forest Service as roadless and old growth forest 

15 reserves; 

16 (C) secure ownership of places of sacred, 

17 cultural, traditional, and historical importance 

18 to the Alaska Natives of southeast Alaska; and 

19 (D) continue to support forestry jobs and 

20 economic opportunities for Alaska Natives and 

21 other residents of rural southeast Alaska; 

22 (18)(A) the rate of unemployment in southeast 

23 Alaska exceeds the statewide rate of unemployment 

24 on a non-seasonally adjusted basis; 


smartinez on DSKB9S0YB1PROD with BILLS
18 

HR 1408 IH 

1 (B) in January 2011, the Alaska Department 

2 of Labor and Workforce Development reported the 

3 unemployment rate for the Prince of Wales—Outer 

4 Ketchikan census area at approximately 16.2 per5 cent; 

6 (C) in October 2007, the Alaska Department of 

7 Labor and Workforce Development projected popu8 lation losses between 1996 and 2030 for the Prince 

9 of Wales—Outer Ketchikan census area at 56.6 per10 cent; 

11 (D) official unemployment rates severely under12 report the actual level of regional unemployment, 

13 particularly in Native villages; and 

14 (E) additional job losses will exacerbate out15 migration from Native and non-Native communities 

16 in southeast Alaska; 

17 (19) Sealaska has played, and is expected to 

18 continue to play, a significant role in the health of 

19 the southeast Alaska economy; 

20 (20) despite the small land base of Sealaska as 

21 compared to other Regional Corporations (less than 

22 1 percent of the total quantity of land allocated pur23 suant to the Alaska Native Claims Settlement Act 

24 (43 U.S.C. 1601 et seq.)), Sealaska has— 


smartinez on DSKB9S0YB1PROD with BILLS
19 

HR 1408 IH 

1 (A) provided considerable benefits to Alas2 ka Native shareholders; 

3 (B) supported hundreds of jobs for Alaska 

4 Native shareholders and non-shareholders in 

5 southeast Alaska for more than 30 years; and 

6 (C) been a significant economic force in 

7 southeast Alaska; 

8 (21) pursuant to the revenue sharing provisions 

9 of section 7(i) of the Alaska Native Claims Settle10 ment Act (43 U.S.C. 1606(i)), Sealaska has distrib11 uted more than $300,000,000 during the period be12 ginning on January 1, 1971, and ending on Decem13 ber 31, 2005, to Native Corporations throughout the 

14 State of Alaska from the development of natural re15 sources, which accounts for 42 percent of the total 

16 revenues shared under that section during that pe17 riod; 

18 (22) resource development operations main19 tained by Sealaska— 

20 (A) support hundreds of jobs in the south21 east Alaska region; 

22 (B) make timber available to local and do23 mestic sawmills and other wood products busi24 nesses such as guitar manufacturers; 


smartinez on DSKB9S0YB1PROD with BILLS
20 

HR 1408 IH 

1 (C) support firewood programs for local 

2 communities; 

3 (D) support maintenance of roads utilized 

4 by local communities for subsistence and recre5 ation uses; 

6 (E) support development of new biomass 

7 energy opportunities in southeast Alaska, re8 ducing dependence on high-cost diesel fuel for 

9 the generation of energy; 

10 (F) provide start-up capital for innovative 

11 business models in southeast Alaska that create 

12 new opportunities for non-timber economic de13 velopment in the region, including support for 

14 renewable biomass initiatives, Alaska Native ar15 tisans, and rural mariculture farming; and 

16 (G) support Native education and cultural 

17 and language preservation activities; 

18 (23) if the resource development operations of 

19 Sealaska cease on land appropriate for those oper20 ations, there will be a significant negative impact 

21 on— 

22 (A) southeast Alaska Native shareholders; 

23 (B) the cultural preservation activities of 

24 Sealaska; 

25 (C) the economy of southeast Alaska; and 


smartinez on DSKB9S0YB1PROD with BILLS
21 

HR 1408 IH 

1 (D) the Alaska Native community that 

2 benefits from the revenue-sharing requirements 

3 under the Alaska Native claims Settlement Act 

4 (43 U.S.C. 1601 et seq.); 

5 (24) it is critical that the remaining land enti6 tlement conveyances to Sealaska under the Alaska 

7 Native Claims Settlement Act (43 U.S.C. 1601 et 

8 seq.) are fulfilled to continue to meet the economic, 

9 social, and cultural needs of the Alaska Native 

10 shareholders of southeast Alaska and the Alaska Na11 tive community throughout Alaska; 

12 (25) in order to realize cultural preservation 

13 goals while also diversifying economic opportunities, 

14 Sealaska should be authorized to select and receive 

15 conveyance of— 

16 (A) sacred, cultural, traditional, and his17 toric sites and other places of traditional cul18 tural significance, including traditional and cus19 tomary trade and migration routes, to facilitate 

20 the perpetuation and preservation of Alaska 

21 Native culture and history; 

22 (B) other sites with traditional and recre23 ation use value and sites suitable for renewable 

24 energy development to facilitate appropriate 

25 tourism and outdoor recreation enterprises and 


smartinez on DSKB9S0YB1PROD with BILLS
22 

HR 1408 IH 

1 renewable energy development for rural south2 east Alaska communities; and 

3 (C) lands that are suitable economically 

4 and environmentally for natural resource devel5 opment; 

6 (26) on completion of the conveyances of land 

7 of Sealaska to fulfill the full land entitlement of 

8 Sealaska under the Alaska Native Claims Settlement 

9 Act (43 U.S.C. 1601 et seq.), the encumbrances on 

10 327,000 acres of Federal land created by the with11 drawal of land for selection by Native Corporations 

12 in southeast Alaska should be removed, which will 

13 facilitate thorough and complete planning and effi14 cient management relating to national forest land in 

15 southeast Alaska by the Forest Service; 

16 (27) although the Tribal Forest Protection Act 

17 (25 U.S.C. 3101 note; Public Law 108–278) defines 

18 the term ‘‘Indian tribe’’ to include Indian tribes 

19 under section 4 of the Indian Self-Determination 

20 and Education Assistance Act (25 U.S.C. 450b), a 

21 term which includes ‘‘any Alaska Native village or 

22 regional or village corporation as defined in or estab23 lished pursuant to the Alaska Native Claims Settle24 ment Act . . .’’, the Tribal Forest Protection Act 

25 does not define the term ‘‘Indian forest land or 


smartinez on DSKB9S0YB1PROD with BILLS
23 

HR 1408 IH 

1 rangeland’’ to include lands owned by Alaska Native 

2 Corporations, including Sealaska, which are the pri3 mary Indian forest land owners in Alaska, and 

4 therefore, the Tribal Forest Protection Act should be 

5 amended in a manner that will— 

6 (A) permit Native Corporations, including 

7 Sealaska, as Indian forest land owners in Alas8 ka, to work with the Secretary of Agriculture 

9 under the Tribal Forest Protection Act to ad10 dress forest fire and insect infestation issues, 

11 including the spread of the spruce bark beetle 

12 in southeast and southcentral Alaska, which 

13 threaten the health of the Native forestlands; 

14 and 

15 (B) ensure that Native Corporations, in16 cluding Sealaska, can participate in programs 

17 administered by the Secretary of Agriculture 

18 under the Tribal Forest Protection Act without 

19 including Native Corporations under the defini20 tion in that Act of ‘‘Indian forest land or range21 land’’ or otherwise amending that Act in a 

22 manner that validates, invalidates, or otherwise 

23 affects any claim regarding the existence of In24 dian country in the State of Alaska; 


smartinez on DSKB9S0YB1PROD with BILLS
24 

HR 1408 IH 

1 (28) the National Historic Preservation Act (16 

2 U.S.C. 470 et seq.) defines the term ‘‘Indian tribe’’ 

3 to include any ‘‘Native village, Regional Corporation 

4 or Village Corporation, as those terms are defined in 

5 section 3 of the Alaska Native Claims Settlement 

6 Act’’ but does not define the term ‘‘Tribal lands’’ to 

7 include lands owned by Alaska Native Corporations, 

8 thereby excluding from the National Historic Preser9 vation Act cemetery sites and historical places trans10 ferred to Native Corporations, including Sealaska, 

11 pursuant to the Alaska Native Claims Settlement 

12 Act, and therefore, the National Historic Preserva13 tion Act should be amended in a manner that will— 

14 (A) permit Native Corporations, including 

15 Sealaska, as owners of Indian cemetery sites 

16 and historical places in Alaska, to work with 

17 the Secretary of the Interior under the National 

18 Historic Preservation Act to secure grants and 

19 other support to manage their own historic sites 

20 and programs pursuant to that Act; and 

21 (B) ensure that Native Corporations, in22 cluding Sealaska, can participate in programs 

23 administered by the Secretary of the Interior 

24 under the National Historic Preservation Act 

25 without including Native Corporations under 


smartinez on DSKB9S0YB1PROD with BILLS
25 

HR 1408 IH 

1 the definition in that Act of ‘‘Tribal lands’’ or 

2 otherwise amending that Act in a manner that 

3 validates, invalidates, or otherwise affects any 

4 claim regarding the existence of Indian country 

5 in the State of Alaska. 

6 (b) PURPOSE.—The purpose of this Act is to address 

7 the inequitable treatment of Sealaska by allowing Sealaska 

8 to select the remaining land entitlement of Sealaska under 

9 section 14 of the Alaska Native Claims Settlement Act (43 

10 U.S.C. 1613) from designated Federal land in southeast 

11 Alaska located outside the 10 southeast Alaska Native vil12 lage withdrawal areas in a manner that meets the cultural, 

13 social, and economic needs of Native shareholders, includ14 ing the need to maintain jobs supported by Sealaska in 

15 rural southeast Alaska communities. 

16 SEC. 4. SELECTIONS IN SOUTHEAST ALASKA. 

17 (a) SELECTION BY SEALASKA.— 

18 (1) IN GENERAL.—Notwithstanding section 

19 14(h)(8) of the Alaska Native Claims Settlement Act 

20 (43 U.S.C. 1613(h)(8)), Sealaska is authorized to 

21 select and receive conveyance of the remaining land 

22 entitlement of Sealaska under that Act (43 U.S.C. 

23 1601 et seq.) from Federal land located in southeast 

24 Alaska from each category described in subsections 

25 (b) and (c). 


smartinez on DSKB9S0YB1PROD with BILLS
26 

HR 1408 IH 

1 (2) TREATMENT OF LAND CONVEYED.—Land 

2 conveyed pursuant to this Act are to be treated as 

3 land conveyed pursuant to the Alaska Native Claims 

4 Settlement Act (43 U.S.C. 1601 et seq.) subject to, 

5 but not limited to— 

6 (A) reservation of public easements across 

7 land pursuant to section 17(b) of the Alaska 

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

9 1616(b)); 

10 (B) valid existing rights pursuant to sec11 tion 14(g) of the Alaska Native Claims Settle12 ment Act (43 U.S.C. 1613(g)); and 

13 (C) the land bank protections of section 

14 907(d) of the Alaska National Interest and 

15 Lands Conservation Act (43 U.S.C. 1636(d)). 

16 (3) NATIONAL PARK SERVICE.—The National 

17 Park Service is authorized to enter into a coopera18 tive management agreement described in subsection 

19 (e)(2) for the purpose, in part, of recognizing and 

20 perpetuating the values of the National Park Serv21 ice, including those values associated with the 

22 Tlingit homeland and culture, wilderness, and eco23 logical preservation. 

24 (b) WITHDRAWAL OF LAND.—The following public 

25 land is withdrawn, subject to valid existing rights, from 


smartinez on DSKB9S0YB1PROD with BILLS
27 

HR 1408 IH 

1 all forms of appropriation under public land laws, includ2 ing the mining and mineral leasing laws, and from selec3 tion under the Act of July 7, 1958 (commonly known as 

4 the ‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21; 

5 Public Law 85–508), and shall be available for selection 

6 by and conveyance to Sealaska to complete the remaining 

7 land entitlement of Sealaska under section 14(h)(8) of the 

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

9 1613(h)(8)): 

10 (1) Land identified on the maps dated Feb11 ruary 1, 2011, and labeled ‘‘Attachment A (Maps 1 

12 through 8)’’. 

13 (2) Sites with traditional and recreational use 

14 value, as identified on the map entitled ‘‘Sites with 

15 Traditional and Recreational Use Value’’, dated 

16 February 1, 2011, and labeled ‘‘Attachment D’’, 

17 subject to the condition that not more than 5,000 

18 acres shall be selected for those purposes. 

19 (3) Sites identified on the map entitled ‘‘Tradi20 tional and Customary Trade and Migration Routes’’, 

21 dated February 1, 2011, and labeled ‘‘Attachment 

22 C’’, which includes an identification of— 

23 (A) a conveyance of land 25 feet in width, 

24 together with 1-acre sites at each terminus and 

25 at 8 locations along the route, with the route, 


smartinez on DSKB9S0YB1PROD with BILLS
28 

HR 1408 IH 

1 location, and boundaries of the conveyance de2 scribed on the map inset entitled ‘‘Yakutat to 

3 Dry Bay Trade and Migration Route’’ on the 

4 map entitled ‘‘Traditional and Customary 

5 Trade and Migration Routes’’, dated February 

6 1, 2011, and labeled ‘‘Attachment C’’; 

7 (B) a conveyance of land 25 feet in width, 

8 together with 1-acre sites at each terminus, 

9 with the route, location, and boundaries of the 

10 conveyance described on the map inset entitled 

11 ‘‘Bay of Pillars to Port Camden Trade and Mi12 gration Route’’ on the map entitled ‘‘Tradi13 tional and Customary Trade and Migration 

14 Routes’’, dated February 1, 2011, and labeled 

15 ‘‘Attachment C’’; and 

16 (C) a conveyance of land 25 feet in width, 

17 together with 1-acre sites at each terminus, 

18 with the route, location, and boundaries of the 

19 conveyance described on the map inset entitled 

20 ‘‘Portage Bay to Duncan Canal Trade and Mi21 gration Route’’ on the map entitled ‘‘Tradi22 tional and Customary Trade and Migration 

23 Routes’’, dated February 1, 2011, and labeled 

24 ‘‘Attachment C’’. 


smartinez on DSKB9S0YB1PROD with BILLS
29 

HR 1408 IH 

1 (c) SITES WITH SACRED, CULTURAL, TRADITIONAL, 

2 OR HISTORIC SIGNIFICANCE.—Subject to the criteria and 

3 procedures applicable to land selected pursuant to section 

4 14(h)(1) of the Alaska Native Claims Settlement Act (43 

5 U.S.C. 1613(h)(1)) and set forth in the regulations pro6 mulgated at section 2653.5 of title 43, Code of Federal 

7 Regulations (as in effect on the date of enactment of this 

8 Act), except as otherwise provided in this Act— 

9 (1) Sealaska shall have a right to identify up to 

10 3,600 acres of sites with sacred, cultural, traditional, 

11 or historic significance, including archeological sites, 

12 cultural landscapes, and natural features having cul13 tural significance; and 

14 (2) on identification of the land by Sealaska 

15 under paragraph (1), the identified land shall be— 

16 (A) withdrawn, subject to valid existing 

17 rights, from all forms of appropriation under 

18 public land laws, including the mining and min19 eral leasing laws, and from selection under the 

20 Act of July 7, 1958 (commonly known as the 

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

22 21; Public Law 85–508); and 

23 (B) available for selection by and convey24 ance to Sealaska to complete the remaining 

25 land entitlement of Sealaska under section 


smartinez on DSKB9S0YB1PROD with BILLS
30 

HR 1408 IH 

1 14(h)(8) of the Alaska Native Claims Settle2 ment Act (43 U.S.C. 1613(h)(8)) subject to the 

3 conditions that— 

4 (i) no sites with sacred, cultural, tra5 ditional, or historic significance may be se6 lected from within a unit of the National 

7 Park System; and 

8 (ii) beginning on the date that is 15 

9 years after the date of enactment of this 

10 Act, Sealaska shall be limited to identi11 fying not more than 360 acres of sites with 

12 sacred, cultural, traditional, or historic sig13 nificance under this subsection. 

14 (d) FOREST DEVELOPMENT ROADS.—Sealaska shall 

15 receive from the United States, subject to such reasonable 

16 terms and conditions as the Forest Service may impose, 

17 nonexclusive easements to Sealaska to allow— 

18 (1) access on the forest development road and 

19 use of the log transfer site identified in paragraphs 

20 (3)(b), (3)(c) and (3)(d) of the patent numbered 50– 

21 85–0112 and dated January 4, 1985; 

22 (2) access on the forest development road iden23 tified in paragraphs (2)(a) and (2)(b) of the patent 

24 numbered 50–92–0203 and dated February 24, 

25 1992; 


smartinez on DSKB9S0YB1PROD with BILLS
31 

HR 1408 IH 

1 (3) access on the forest development road iden2 tified in paragraph (2)(a) of the patent numbered 

3 50–94–0046 and dated December 17, 1993; 

4 (4) access on the forest development roads and 

5 use of the log transfer facilities identified on the 

6 maps dated February 1, 2011, and labeled ‘‘Attach7 ment A (Maps 1 through 8)’’; 

8 (5) a reservation of a right to construct a new 

9 road to connect to existing forest development roads 

10 as generally identified on the maps identified in 

11 paragraph (4); and 

12 (6) access to and reservation of a right to con13 struct a new log transfer facility and log storage 

14 area at the location identified on the maps identified 

15 in paragraph (4). 

16 (e) COOPERATIVE MANAGEMENT OF SITES IN GLA17 CIER BAY NATIONAL PARK.— 

18 (1) IN GENERAL.—The Director of the National 

19 Park Service shall offer to enter into a cooperative 

20 management agreement with Sealaska, other Village 

21 Corporations and Urban Corporations, and federally 

22 recognized Indian tribes with cultural and historical 

23 ties to Glacier Bay National Park, in accordance 

24 with the requirements of paragraph (2). 


smartinez on DSKB9S0YB1PROD with BILLS
32 

HR 1408 IH 

1 (2) REQUIREMENTS.—A cooperative manage2 ment agreement under this paragraph shall— 

3 (A) recognize the contributions of the Alas4 ka Natives of southeast Alaska to the history, 

5 culture, and ecology of Glacier Bay National 

6 Park and the surrounding area; and 

7 (B) ensure that the Alaska Native sacred 

8 and cultural sites located in Glacier Bay Na9 tional Park and identified on the map entitled 

10 ‘‘Places of Sacred, Cultural, Traditional and 

11 Historic Significance’’, dated February 1, 2011, 

12 and labeled ‘‘Attachment B’’, are protected and 

13 enhanced by cooperative activities and partner14 ships among federally recognized Indian tribes, 

15 Village Corporations and Urban Corporations, 

16 Sealaska, and the National Park Service. 

17 (3) REPORT.—Not later than 2 years after the 

18 date of enactment of this Act, the Director of the 

19 National Park Service shall submit to Congress a re20 port describing each activity for cooperative manage21 ment of each site described in paragraph (2) and 

22 carried out under a cooperative management agree23 ment under this subsection. 

24 SEC. 5. CONVEYANCES TO SEALASKA. 

25 (a) TIMELINE FOR CONVEYANCE.— 


smartinez on DSKB9S0YB1PROD with BILLS
33 

HR 1408 IH 

1 (1) IN GENERAL.—Subject to paragraphs (2), 

2 (3), and (4), the Secretary shall work with Sealaska 

3 to develop a mutually agreeable schedule to complete 

4 the conveyance of land to Sealaska under this Act. 

5 (2) FINAL PRIORITIES.—Consistent with the 

6 provisions of section 403 of the Alaska Land Trans7 fer Acceleration Act (43 U.S.C. 1611 note; Public 

8 Law 108–452), not later than 18 months after the 

9 date of enactment of this Act, Sealaska shall submit 

10 to the Secretary the final, irrevocable priorities for 

11 selection of land withdrawn under section 4(b)(1). 

12 (3) SUBSTANTIAL COMPLETION REQUIRED.— 

13 Not later than two years after the date of selection 

14 by Sealaska of land withdrawn under section 

15 4(b)(1), the Secretary shall substantially complete 

16 the conveyance of the land to Sealaska under this 

17 Act. 

18 (4) EFFECT.—Nothing in this Act shall inter19 fere with or cause any delay in the duty of the Sec20 retary to convey land to the State of Alaska under 

21 section 6 of the Act of July 7, 1958 (commonly 

22 known as the ‘‘Alaska Statehood Act’’) (48 U.S.C. 

23 note prec. 21; Public Law 85–508). 

24 (b) EXPIRATION OF WITHDRAWALS.—On completion 

25 of the selection by Sealaska and the conveyances to 


smartinez on DSKB9S0YB1PROD with BILLS
34 

HR 1408 IH 

1 Sealaska of land under subsection (a) in a manner that 

2 is sufficient to fulfill the land entitlement of Sealaska 

3 under section 14(h)(8) of the Alaska Native Claims Settle4 ment Act (43 U.S.C. 1613(h)(8))— 

5 (1) the right of Sealaska to receive any land 

6 under that Act from within a withdrawal area estab7 lished under subsections (a) and (d) of section 16 of 

8 that Act shall be terminated; 

9 (2) the withdrawal areas set aside for selection 

10 by Native Corporations in southeast Alaska under 

11 subsections (a) and (d) of section 16 of that Act 

12 shall be rescinded; and 

13 (3) land located within a withdrawal area that 

14 is not conveyed to Sealaska or to a southeast Alaska 

15 Village Corporation or Urban Corporation shall be 

16 returned to the unencumbered management of the 

17 Forest Service as part of the Tongass National For18 est. 

19 (c) LIMITATION.—Sealaska shall not select or receive 

20 under this Act any conveyance of land pursuant to para21 graphs (1) or (2) of section 4(b) located within— 

22 (1) any conservation system unit; 

23 (2) any federally designated wilderness area; or 

24 (3) any Land Use Designation I or II area. 


smartinez on DSKB9S0YB1PROD with BILLS
35 

HR 1408 IH 

1 (d) APPLICABLE EASEMENTS AND PUBLIC AC2 CESS.— 

3 (1) IN GENERAL.—The conveyance to Sealaska 

4 of land withdrawn pursuant to paragraphs (1) and 

5 (3) of section 4(b) that are located outside a with6 drawal area designated under section 16(a) of the 

7 Alaska Native Claims Settlement Act (43 U.S.C. 

8 1615(a)) shall be subject to— 

9 (A) a reservation for easements for public 

10 access on the public roads depicted on the maps 

11 dated February 1, 2011, and labeled ‘‘Attach12 ment A (Maps 1 through 8)’’; 

13 (B) a reservation for easements along the 

14 temporary roads designated by the Forest Serv15 ice as of the date of the enactment of this Act 

16 for the public access trails depicted on the maps 

17 described in subparagraph (A); and 

18 (C) the right of noncommercial public ac19 cess for subsistence uses, consistent with title 

20 VIII of the Alaska National Interest Lands 

21 Conservation Act (16 U.S.C. 3111 et seq.), and 

22 recreational access, without liability to 

23 Sealaska, subject to— 

24 (i) the right of Sealaska to regulate 

25 access to ensure public safety, to protect 


smartinez on DSKB9S0YB1PROD with BILLS
36 

HR 1408 IH 

1 cultural or scientific resources, and to pro2 vide environmental protection; and 

3 (ii) the condition that Sealaska shall 

4 post on any applicable property, in accord5 ance with State law, notices of the condi6 tions on use. 

7 (2) SACRED, CULTURAL, TRADITIONAL AND

8 HISTORIC SITES.—The conveyance to Sealaska of 

9 land withdrawn pursuant to section 4(c) that is lo10 cated outside of a withdrawal area designated under 

11 section 16(a) of the Alaska Native Claims Settle12 ment Act (43 U.S.C. 1615(a)) shall be subject to— 

13 (A) the right of public access across the 

14 conveyances where no reasonable alternative ac15 cess around the land is available without liabil16 ity to Sealaska; and 

17 (B) the right of Sealaska to regulate ac18 cess across the conveyances to ensure public 

19 safety, to protect cultural or scientific re20 sources, to provide environmental protection, or 

21 to prohibit activities incompatible with the use 

22 and enjoyment of the land by Sealaska, subject 

23 to the condition that Sealaska shall post on any 

24 applicable property, in accordance with State 

25 law, notices of any such condition. 


smartinez on DSKB9S0YB1PROD with BILLS
37 

HR 1408 IH 

1 (3) TRADITIONAL AND CUSTOMARY TRADE AND

2 MIGRATION ROUTES.—The conveyance to Sealaska 

3 of land withdrawn pursuant to section 4(b)(3) that 

4 is located outside of a withdrawal area designated 

5 under section 16(a) of the Alaska Native Claims 

6 Settlement Act (43 U.S.C. 1615(a)) shall be subject 

7 to a requirement that Sealaska provide public access 

8 across such linear conveyances if an adjacent land9 owner or the public has a legal right to use the adja10 cent private or public land. 

11 (4) CERTAIN NATIVE SITES.—The conveyance 

12 to Sealaska of land withdrawn pursuant to section 

13 4(b)(2) that is located outside of a withdrawal area 

14 designated under section 16(a) of the Alaska Native 

15 Claims Settlement Act (43 U.S.C. 1615(a)) shall be 

16 subject to— 

17 (A) the right of public access across the 

18 land without liability to Sealaska; and 

19 (B) the condition that public access across 

20 the land would not be unreasonably restricted 

21 or impaired. 

22 (5) EFFECT.—No right of access provided to 

23 any individual or entity (other than Sealaska) by 

24 this subsection— 


smartinez on DSKB9S0YB1PROD with BILLS
38 

HR 1408 IH 

1 (A) creates any interest, other than an in2 terest retained by the United States, of such an 

3 individual or entity in the land conveyed to 

4 Sealaska in excess of that right of access; or 

5 (B) provides standing in any review of, or 

6 challenge to, any determination by Sealaska 

7 with respect to the management or development 

8 of the applicable land. 

9 (e) CONDITIONS ON SACRED, CULTURAL, AND HIS10 TORIC SITES AND TRADITIONAL AND CUSTOMARY TRADE

11 AND MIGRATION ROUTES.—The conveyance to Sealaska 

12 of land withdrawn pursuant to sections 4(b)(3) and 4(c)— 

13 (1) shall be subject to a covenant prohibiting 

14 any commercial timber harvest or mineral develop15 ment on the land; 

16 (2) shall allow use of the land as described in 

17 subsection (f); and 

18 (3) shall not be subject to any additional re19 strictive covenant based on cultural or historic val20 ues, or any other restriction, encumbrance, or ease21 ment, except as provided in sections 14(g) and 17(b) 

22 of the Alaska Native Claims Settlement Act (43 

23 U.S.C. 1613(g), 1616(b)). 

24 (f) USES OF SACRED, CULTURAL, TRADITIONAL, 

25 AND HISTORIC SITES AND TRADITIONAL AND CUSTOMARY


smartinez on DSKB9S0YB1PROD with BILLS
39 

HR 1408 IH 

1 TRADE AND MIGRATION ROUTES.—Any land conveyed to 

2 Sealaska from land withdrawn pursuant to sections 

3 4(b)(3) and 4(c) may be used for— 

4 (1) preservation of cultural knowledge and tra5 ditions associated with the site; 

6 (2) historical, cultural, and scientific research 

7 and education; 

8 (3) public interpretation and education regard9 ing the cultural significance of the site to Alaska 

10 Natives; 

11 (4) protection and management of the site to 

12 preserve the natural and cultural features of the 

13 site, including cultural traditions, values, songs, sto14 ries, names, crests, and clan usage, for the benefit 

15 of future generations; and 

16 (5) site improvement activities for any purpose 

17 described in paragraphs (1) through (4), subject to 

18 the condition that the activities— 

19 (A) are consistent with the sacred, cul20 tural, traditional, or historic nature of the site; 

21 and 

22 (B) are not inconsistent with the manage23 ment plans for adjacent public land. 

24 (g) TERMINATION OF RESTRICTIVE COVENANTS.— 


smartinez on DSKB9S0YB1PROD with BILLS
40 

HR 1408 IH 

1 (1) IN GENERAL.—Each restrictive covenant re2 garding cultural or historical values with respect to 

3 any interim conveyance or patent for a historic or 

4 cemetery site issued to Sealaska pursuant to the 

5 Federal regulations contained in sections 2653.5(a) 

6 and 2653.11 of title 43, Code of Federal Regula7 tions (as in effect on the date of enactment of this 

8 Act), in accordance with section 14(h)(1) of the 

9 Alaska Native Claims Settlement Act (43 U.S.C. 

10 1613(h)(1)), terminates as a matter of law on the 

11 date of enactment of this Act. 

12 (2) REMAINING CONDITIONS.—Land subject to 

13 a covenant described in paragraph (1) on the day 

14 before the date of enactment of this Act shall be 

15 subject to the conditions described in subsection (e). 

16 (3) RECORDS.—Sealaska shall be responsible 

17 for recording with the land title recorders office of 

18 the State of Alaska any modification to an existing 

19 conveyance of land under section 14(h)(1) of the 

20 Alaska Native Claims Settlement Act (43 U.S.C. 

21 1613(h)(1)) as a result of this Act. 

22 (h) CONDITIONS ON CERTAIN NATIVE SITES.—Each 

23 conveyance of land to Sealaska from land withdrawn pur24 suant to section 4(b)(2) shall be subject to a covenant proVerDate Mar 15 2010 02:50 Apr 09, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1408.IH H1408

smartinez on DSKB9S0YB1PROD with BILLS
41 

HR 1408 IH 

1 hibiting any commercial timber harvest or mineral devel2 opment. 

3 (i) ESCROW FUNDS FOR WITHDRAWN LAND.—On 

4 the withdrawal by this Act of land identified for selection 

5 by Sealaska, the escrow requirements of section 2 of Pub6 lic Law 94–204 (43 U.S.C. 1613 note), shall thereafter 

7 apply to the withdrawn land. 

8 (j) GUIDING AND OUTFITTING SPECIAL USE PER9 MITS OR AUTHORIZATIONS.— 

10 (1) IN GENERAL.—Consistent with the provi11 sions of section 14(g) of the Alaska Native Claims 

12 Settlement Act (43 U.S.C. 1613(g)), except as modi13 fied herein, on land conveyed to Sealaska from land 

14 withdrawn pursuant to sections 4(b)(1) and 4(b)(2), 

15 an existing holder of a guiding or outfitting special 

16 use permit or authorization issued by the Forest 

17 Service shall be entitled to its rights and privileges 

18 on the land for the remaining term of the permit, as 

19 of the date of conveyance to Sealaska, and for 1 

20 subsequent 10-year renewal of the permit, subject to 

21 the condition that the rights shall be considered a 

22 valid existing right reserved pursuant to section 

23 14(g) of the Alaska Native Claims Settlement Act 

24 (43 U.S.C. 1613(g)), and shall be managed accord25 ingly. 


smartinez on DSKB9S0YB1PROD with BILLS
42 

HR 1408 IH 

1 (2) NOTICE OF COMMERCIAL ACTIVITIES.— 

2 Sealaska, with respect to the holder of a guiding or 

3 outfitting special use permit or authorization under 

4 this subsection, and a permit holder referenced in 

5 this subsection, with respect to Sealaska, shall have 

6 an obligation to inform the other party of their re7 spective commercial activities before engaging in the 

8 activities on land, which has been conveyed to 

9 Sealaska under this Act, subject to the permit or au10 thorization. 

11 (3) NEGOTIATION OF NEW TERMS.—Nothing in 

12 this subsection precludes Sealaska and a permit 

13 holder under this subsection from negotiating new 

14 mutually agreeable permit terms that supersede the 

15 requirements of— 

16 (A) this subsection; 

17 (B) section 14(g) of the Alaska Native 

18 Claims Settlement Act (43 U.S.C. 1613(g)); or 

19 (C) any deed covenant. 

20 (4) LIABILITY.—Sealaska shall bear no liability 

21 regarding use and occupancy pursuant to special use 

22 permits or authorizations on land selected or con23 veyed pursuant to this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
43 

HR 1408 IH 

1 SEC. 6. MISCELLANEOUS. 

2 (a) STATUS OF CONVEYED LAND.—Each conveyance 

3 of Federal land to Sealaska pursuant to this Act, and each 

4 Federal action carried out to achieve the purpose of this 

5 Act, shall be considered to be conveyed or acted on, as 

6 applicable, pursuant to the Alaska Native Claims Settle7 ment Act (43 U.S.C. 1601 et seq.). 

8 (b) ENVIRONMENTAL MITIGATION AND INCEN9 TIVES.—Notwithstanding subsection (e) and (h) of section 

10 5, all land conveyed to Sealaska pursuant to the Alaska 

11 Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 

12 and this Act shall be considered to be qualified to receive 

13 or participate in, as applicable— 

14 (1) any federally authorized carbon sequestra15 tion program, ecological services program, or envi16 ronmental mitigation credit; and 

17 (2) any other federally authorized environ18 mental incentive credit or program. 

19 (c) NO MATERIAL EFFECT ON FOREST PLAN.— 

20 (1) IN GENERAL.—Except as required by para21 graph (2), implementation of this Act, including the 

22 conveyance of land to Sealaska, alone or in combina23 tion with any other factor, shall not require an 

24 amendment of, or revision to, the Tongass National 

25 Forest Land and Resources Management Plan beVerDate Mar 15 2010 02:50 Apr 09, 2011 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1408.IH H1408

smartinez on DSKB9S0YB1PROD with BILLS
44 

HR 1408 IH 

1 fore the first revision of that Plan scheduled to 

2 occur after the date of enactment of this Act. 

3 (2) BOUNDARY ADJUSTMENTS.—The Secretary 

4 of Agriculture shall implement any land ownership 

5 boundary adjustments to the Tongass National For6 est Land and Resources Management Plan resulting 

7 from the implementation of this Act through a tech8 nical amendment to that Plan. 

9 (d) TECHNICAL CORRECTIONS.— 

10 (1) TRIBAL FOREST PROTECTION.—Section 2 of 

11 the Tribal Forest Protection Act of 2004, 25 U.S.C. 

12 3115a, is amended by adding a new subsection (h): 

13 ‘‘(h)(1) Land owned by an Alaska Native Corporation 

14 pursuant to the Alaska Native Claims Settlement Act (43 

15 U.S.C. 1601 et seq.) that is forest land or formerly had 

16 a forest cover or vegetative cover that is capable of res17 toration shall be eligible for agreements and contracts au18 thorized under this Act and administered by the Secretary. 

19 ‘‘(2) Nothing in this subsection validates, invalidates, 

20 or otherwise affects any claim regarding the existence of 

21 Indian country (as defined in section 1151 of title 18, 

22 United States Code) in the State of Alaska.’’. 

23 (2) NATIONAL HISTORIC PRESERVATION.—Sec24 tion 101(d) of the National Historic Preservation 


smartinez on DSKB9S0YB1PROD with BILLS
45 

HR 1408 IH 

1 Act, 16 U.S.C. 470a(d), is amended by adding a new 

2 paragraph (7): 

3 ‘‘(7)(A) Notwithstanding any other provision of 

4 law, an Alaska Native tribe, band, nation or other 

5 organized group or community, including a Native 

6 village, Regional Corporation, or Village Corpora7 tion, shall be eligible to participate in all programs 

8 administered by the Secretary under this Act on be9 half of Indian tribes, including, but not limited to, 

10 securing grants and other support to manage their 

11 own historic preservation sites and programs on 

12 lands held by the Alaska Native tribe, band, nation 

13 or other organized group or community, including a 

14 Native village, Regional Corporation, or Village Cor15 poration. 

16 ‘‘(B) Nothing in this paragraph validates, in17 validates, or otherwise affects any claim regarding 

18 the existence of Indian country (as defined in section 

19 1151 of title 18, United States Code) in the State 

20 of Alaska.’’. 

21 (e) EFFECT ON ENTITLEMENT.—Nothing in this sec22 tion shall have any effect upon the entitlement due to any 

23 Native Corporation, other than Sealaska, under— 

24 (1) the Alaska Native Claims Settlement Act 

25 (43 U.S.C. 1601 et seq.); or 


smartinez on DSKB9S0YB1PROD with BILLS
46 

HR 1408 IH 

1 (2) the Alaska National Interest Lands Con2 servation Act (16 U.S.C. 3101 et seq.). 

3 SEC. 7. MAPS. 

4 (a) AVAILABILITY.—Each map referred to in this Act 

5 shall be maintained on file in— 

6 (1) the office of the Chief of the Forest Service; 

7 and 

8 (2) the office of the Secretary. 

9 (b) CORRECTIONS.—The Secretary or the Chief of 

10 the Forest Service may make any necessary correction to 

11 a clerical or typographical error in a map referred to in 

12 this Act. 

13 (c) TREATMENT.—No map referred to in this Act 

14 shall be considered to be an attempt by the Federal Gov15 ernment to convey any State or private land. 

16 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as are necessary to carry out this Act and the amendments 

19 made by this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS