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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1408 Reported in House (RH)]

                                                 Union Calendar No. 188
112th CONGRESS
  1st Session
                                H. R. 1408

                          [Report No. 112-280]

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. Lujan, 
 and Ms. Hanabusa introduced the following bill; which was referred to 
                   the Committee on Natural Resources

                           November 10, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                                6, 2011]

_______________________________________________________________________

                                 A BILL

 
To provide for the settlement of certain claims under the Alaska Native 
             Claims Settlement Act, 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. 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) Conservation system unit.--The term ``conservation 
        system unit'' has the meaning given the term in section 102 of 
        the Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3102).
            (2) Sealaska.--The term ``Sealaska'' means the Sealaska 
        Corporation, a Regional Native Corporation created 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.

SEC. 3. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1)(A) in 1971, Congress enacted the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle 
        the aboriginal claims of Alaska Natives to land historically 
        used by Alaska Natives for traditional, cultural, and spiritual 
        purposes; and
            (B) that Act declared that the land settlement ``should be 
        accomplished rapidly, with certainty, in conformity with the 
        real economic and social needs of Natives'';
            (2) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
        et seq.)--
                    (A) authorized the distribution of approximately 
                $1,000,000,000 and 44,000,000 acres of land to Alaska 
                Natives; and
                    (B) provided for the establishment of Native 
                Corporations to receive and manage the funds and that 
                land to meet the cultural, social, and economic needs 
                of Native shareholders;
            (3) under section 12 of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1611), each Regional Corporation, other than 
        Sealaska (the Regional Corporation for southeast Alaska), was 
        authorized to receive a share of land based on the proportion 
        that the number of Alaska Native shareholders residing in the 
        region of the Regional Corporation bore to the total number of 
        Alaska Native shareholders, or the relative size of the area to 
        which the Regional Corporation had an aboriginal land claim 
        bore to the size of the area to which all Regional Corporations 
        had aboriginal land claims;
            (4)(A) Sealaska, the Regional Corporation for southeast 
        Alaska, 1 of the Regional Corporations with the largest number 
        of Alaska Native shareholders, with more than 21 percent of all 
        original Alaska Native shareholders, received less than 1 
        percent of the lands set aside for Alaska Natives, and received 
        no land under section 12 of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1611);
            (B) the Tlingit and Haida Indian Tribes of Alaska was 1 of 
        the entities representing the Alaska Natives of southeast 
        Alaska before the date of enactment of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.); and
            (C) Sealaska did not receive land in proportion to the 
        number of Alaska Native shareholders, or in proportion to the 
        size of the area to which Sealaska had an aboriginal land 
        claim, in part because of a United States Court of Claims cash 
        settlement to the Tlingit and Haida Indian Tribes of Alaska in 
        1968 for land previously taken to create the Tongass National 
        Forest and Glacier Bay National Monument;
            (5) the 1968 Court of Claims cash settlement of $7,500,000 
        did not--
                    (A) adequately compensate the Alaska Natives of 
                southeast Alaska for the significant quantity of land 
                and resources lost as a result of the creation of the 
                Tongass National Forest and Glacier Bay National 
                Monument or other losses of land and resources; or
                    (B) justify the significant disparate treatment of 
                Sealaska under the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1611) in 1971;
            (6)(A) while each other Regional Corporation received a 
        significant quantity of land under sections 12 and 14 of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), 
        Sealaska only received land under section 14(h) of that Act (43 
        U.S.C. 1613(h));
            (B) section 14(h) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1613(h)) authorized the Secretary to withdraw 
        and convey 2,000,000-acres of ``unreserved and unappropriated'' 
        public lands in Alaska from which Alaska Native selections 
        could be made for historic sites, cemetery sites, Urban 
        Corporation land, Native group land, and Native Allotments;
            (C) under section 14(h)(8) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1613(h)(8)), after selections are 
        made under paragraphs (1) through (7) of that section, the land 
        remaining in the 2,000,000-acre land pool is allocated based on 
        the proportion that the original Alaska Native shareholder 
        population of a Regional Corporation bore to the original 
        Alaska Native shareholder population of all Regional 
        Corporations;
            (D) the only Native land entitlement of Sealaska derives 
        from a proportion of leftover land remaining from the 
        2,000,000-acre land pool, estimated as of the date of enactment 
        of this Act at approximately 1,700,000 acres;
            (E) because at the time of enactment of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.) all public land 
        in the Tongass National Forest had been reserved for purposes 
        of creating the national forest, the Secretary was not able to 
        withdraw any public land in the Tongass National Forest for 
        selection by and conveyance to Sealaska;
            (F) at the time of enactment of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) other public lands in 
        southeast Alaska not located in the Tongass National Forest 
        were not suitable for selection by and conveyance to Sealaska 
        because such lands were located in Glacier Bay National 
        Monument, were included in a withdrawal effected pursuant to 
        section 17(d)(2) of that Act (43 U.S.C. 1616(d)(2)) and slated 
        to become part of the Wrangell-St. Elias National Park, or 
        essentially consisted of mountain tops;
            (G) Sealaska in 1975 requested that Congress amend the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to 
        permit the Regional Corporation to select lands inside of the 
        withdrawal areas established for southeast Alaska Native 
        villages under section 16 of that Act (43 U.S.C. 1615); and
            (H) in 1976, Congress amended section 16 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1615) to allow Sealaska 
        to select lands under section 14(h)(8) of that Act (43 U.S.C. 
        1613(h)(8)) from land located inside, rather than outside, the 
        withdrawal areas established for southeast Alaska Native 
        villages;
            (7) the 10 Alaska Native village withdrawal areas in 
        southeast Alaska surround the Alaska Native communities of 
        Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, 
        Hydaburg, Klukwan, and Saxman;
            (8)(A) the existing conveyance requirements of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for 
        southeast Alaska limit the land eligible for conveyance to 
        Sealaska to the original withdrawal areas surrounding 10 Alaska 
        Native villages in southeast Alaska, which precludes Sealaska 
        from selecting land located--
                    (i) in any withdrawal area established for the 
                Urban Corporations for Sitka and Juneau, Alaska; or
                    (ii) outside the 10 Alaska Native village 
                withdrawal areas; and
            (B) unlike other Regional Corporations, Sealaska is not 
        authorized to request land located outside the withdrawal areas 
        described in subparagraph (A) if the withdrawal areas are 
        insufficient to complete the land entitlement of Sealaska under 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.);
            (9)(A) the deadline for applications for selection of 
        cemetery sites and historic places on land outside withdrawal 
        areas established under section 14 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1613) was July 1, 1976;
            (B)(i) as of that date, the Bureau of Land Management 
        notified Sealaska that the total entitlement of Sealaska would 
        be approximately 200,000 acres; and
            (ii) Sealaska made entitlement allocation decisions for 
        cultural sites and economic development sites based on that 
        original estimate; and
            (C) as a result of the Alaska Land Transfer Acceleration 
        Act (Public Law 108-452; 118 Stat. 3575) and subsequent related 
        determinations and actions of the Bureau of Land Management, it 
        became clear within the last decade that Sealaska will receive 
        significantly more than 200,000 acres pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
            (10) in light of the revised Bureau of Land Management 
        estimate of the total number of acres that Sealaska will 
        receive pursuant to the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.), and in consultation with Members of 
        Alaska's congressional delegation, Sealaska and its 
        shareholders believe that it is appropriate to allocate more of 
        the entitlement of Sealaska to--
                    (A) the acquisition of places of sacred, cultural, 
                traditional, and historical significance;
                    (B) the acquisition of sites with traditional and 
                recreational use value and sites suitable for renewable 
                energy development; and
                    (C) the acquisition of lands that are not within 
                the watersheds of Native and non-Native communities and 
                are suitable economically and environmentally for 
                natural resource development;
            (11)(A) pursuant to section 11(a)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1610(a)(1)), Sealaska was not 
        authorized to select under section 14(h)(1) of that Act (43 
        U.S.C. 1613(h)(1)) any site within Glacier Bay National Park, 
        despite the abundance of cultural sites within that Park;
            (B) Sealaska seeks cooperative agreements to ensure that 
        cultural sites within Glacier Bay National Park are subject to 
        cooperative management by Sealaska, Village and Urban 
        Corporations, and federally recognized tribes with ties to the 
        cultural sites and history of the Park; and
            (C) Congress recognizes that there is an existing 
        Memorandum of Understanding (MOU) between the Park Service and 
        the Hoonah Indian Association, and does not intend to 
        circumvent the MOU; rather the intent is to ensure that this 
        and similar mechanisms for cooperative management in Glacier 
        Bay are required by law;
            (12)(A) the cemetery sites and historic places conveyed to 
        Sealaska pursuant to section 14(h)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(1)) are subject to a 
        restrictive covenant not required by the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) that hinders the 
        ability of Sealaska to use the sites for cultural, educational, 
        or research purposes for Alaska Natives and others;
            (B) historic sites managed by the Forest Service are not 
        subject to the limitations referred to in subparagraph (A); and
            (C) Alaska Natives of southeast Alaska should be permitted 
        to use cemetery sites and historic places in a manner that is--
                    (i) consistent with the sacred, cultural, 
                traditional, or historic nature of the site; and
                    (ii) not inconsistent with the management plans for 
                adjacent public land;
            (13) 44 percent (820,000 acres) of the 10 Alaska Native 
        village withdrawal areas established under the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.) described in 
        paragraphs (7) and (8) are composed of salt water and not 
        available for selection;
            (14) of land subject to the selection rights of Sealaska, 
        110,000 acres are encumbered by gubernatorial consent 
        requirements under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.);
            (15) in each withdrawal area, there exist factors that 
        limit the ability of Sealaska to select sufficient land, and, 
        in particular, economically viable land, to fulfill the land 
        entitlement of Sealaska, including factors such as--
                    (A) with respect to the Yakutat withdrawal area--
                            (i) 46 percent of the area is salt water;
                            (ii) 10 sections (6,400 acres) around the 
                        Situk Lake were restricted from selection, with 
                        no consideration provided for the restriction; 
                        and
                            (iii)(I) 70,000 acres are subject to a 
                        gubernatorial consent requirement before 
                        selection; and
                            (II) Sealaska received no consideration 
                        with respect to the consent restriction;
                    (B) with respect to the Hoonah withdrawal area, 51 
                percent of the area is salt water;
                    (C) with respect to the Angoon withdrawal area--
                            (i) 120,000 acres of the area is salt 
                        water;
                            (ii) Sealaska received no consideration 
                        regarding the prohibition on selecting land 
                        from the 80,000 acres located within the 
                        Admiralty Island National Monument; and
                            (iii)(I) the Village Corporation for Angoon 
                        was allowed to select land located outside the 
                        withdrawal area on Prince of Wales Island, 
                        subject to the condition that the Village 
                        Corporation shall not select land located on 
                        Admiralty Island; but
                            (II) no alternative land adjacent to the 
                        out-of-withdrawal land of the Village 
                        Corporation was made available for selection by 
                        Sealaska;
                    (D) with respect to the Kake withdrawal area--
                            (i) 64 percent of the area is salt water; 
                        and
                            (ii) extensive timber harvesting by the 
                        Forest Service occurred in the area before 1971 
                        that significantly reduced the value of land 
                        available for selection by, and conveyance to, 
                        Sealaska;
                    (E) with respect to the Kasaan withdrawal area--
                            (i) 54 percent of the area is salt water; 
                        and
                            (ii) the Forest Service previously 
                        harvested in the area;
                    (F) with respect to the Klawock withdrawal area--
                            (i) the area consists of only 5 townships, 
                        as compared to the usual withdrawal area of 9 
                        townships, because of the proximity of the 
                        Klawock withdrawal area to the Village of 
                        Craig, which reduces the selection area by 
                        92,160 acres; and
                            (ii) the Klawock and Craig withdrawal areas 
                        are 35 percent salt water;
                    (G) with respect to the Craig withdrawal area, the 
                withdrawal area consists of only 6 townships, as 
                compared to the usual withdrawal area of 9 townships, 
                because of the proximity of the Craig withdrawal area 
                to the Village of Klawock, which reduces the selection 
                area by 69,120 acres;
                    (H) with respect to the Hydaburg withdrawal area--
                            (i) 36 percent of the area is salt water; 
                        and
                            (ii) Sealaska received no consideration 
                        under the Haida Land Exchange Act of 1986 
                        (Public Law No. 99-664; 100 Stat. 4303) for 
                        relinquishing selection rights to land within 
                        the withdrawal area that the Haida Corporation 
                        exchanged to the Forest Service;
                    (I) with respect to the Klukwan withdrawal area--
                            (i) 27 percent of the area is salt water; 
                        and
                            (ii) the withdrawal area is only 70,000 
                        acres, as compared to the usual withdrawal area 
                        of 207,360 acres, which reduces the selection 
                        area by 137,360 acres; and
                    (J) with respect to the Saxman withdrawal area--
                            (i) 29 percent of the area is salt water;
                            (ii) Sealaska received no consideration for 
                        the 50,576 acres within the withdrawal area 
                        adjacent to the first-class city of Ketchikan 
                        that were excluded from selection;
                            (iii) Sealaska received no consideration 
                        with respect to the 1977 amendment to the 
                        Alaska Native Claims Settlement Act (43 U.S.C. 
                        1601 et seq.) requiring gubernatorial consent 
                        for selection of 58,000 acres in that area; and
                            (iv) 23,888 acres are located within the 
                        Annette Island Indian Reservation for the 
                        Metlakatla Indian Tribe and are not available 
                        for selection;
            (16) the selection limitations and guidelines applicable to 
        Sealaska under the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.)--
                    (A) are inequitable and inconsistent with the 
                purposes of that Act because there is insufficient land 
                remaining in the withdrawal areas to meet the 
                traditional, cultural, and socioeconomic needs of the 
                shareholders of Sealaska; and
                    (B) make it difficult for Sealaska to select--
                            (i) places of sacred, cultural, 
                        traditional, and historical significance;
                            (ii) sites with traditional and recreation 
                        use value and sites suitable for renewable 
                        energy development; and
                            (iii) lands that meet the real economic 
                        needs of the shareholders of Sealaska;
            (17) unless Sealaska is allowed to select land outside 
        designated withdrawal areas in southeast Alaska, Sealaska will 
        not be able to--
                    (A) complete the land entitlement selections of 
                Sealaska under the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1601 et seq.) in a manner that meets the 
                cultural, social, and economic needs of Native 
                shareholders;
                    (B) avoid land selections in watersheds that are 
                the exclusive drinking water supply for regional 
                communities, support world class salmon streams, have 
                been identified as important habitat, or would 
                otherwise be managed by the Forest Service as roadless 
                and old growth forest reserves;
                    (C) secure ownership of places of sacred, cultural, 
                traditional, and historical importance to the Alaska 
                Natives of southeast Alaska; and
                    (D) continue to support forestry jobs and economic 
                opportunities for Alaska Natives and other residents of 
                rural southeast Alaska;
            (18)(A) the rate of unemployment in southeast Alaska 
        exceeds the statewide rate of unemployment on a non-seasonally 
        adjusted basis;
            (B) in January 2011, the Alaska Department of Labor and 
        Workforce Development reported the unemployment rate for the 
        Prince of Wales--Outer Ketchikan census area at approximately 
        16.2 percent;
            (C) in October 2007, the Alaska Department of Labor and 
        Workforce Development projected population losses between 1996 
        and 2030 for the Prince of Wales--Outer Ketchikan census area 
        at 56.6 percent;
            (D) official unemployment rates severely underreport the 
        actual level of regional unemployment, particularly in Native 
        villages; and
            (E) additional job losses will exacerbate outmigration from 
        Native and non-Native communities in southeast Alaska;
            (19) Sealaska has played, and is expected to continue to 
        play, a significant role in the health of the southeast Alaska 
        economy;
            (20) despite the small land base of Sealaska as compared to 
        other Regional Corporations (less than 1 percent of the total 
        quantity of land allocated pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.)), Sealaska has--
                    (A) provided considerable benefits to Alaska Native 
                shareholders;
                    (B) supported hundreds of jobs for Alaska Native 
                shareholders and non-shareholders in southeast Alaska 
                for more than 30 years; and
                    (C) been a significant economic force in southeast 
                Alaska;
            (21) pursuant to the revenue sharing provisions of section 
        7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1606(i)), Sealaska has distributed more than $300,000,000 
        during the period beginning on January 1, 1971, and ending on 
        December 31, 2005, to Native Corporations throughout the State 
        of Alaska from the development of natural resources, which 
        accounts for 42 percent of the total revenues shared under that 
        section during that period;
            (22) resource development operations maintained by 
        Sealaska--
                    (A) support hundreds of jobs in the southeast 
                Alaska region;
                    (B) make timber available to local and domestic 
                sawmills and other wood products businesses such as 
                guitar manufacturers;
                    (C) support firewood programs for local 
                communities;
                    (D) support maintenance of roads utilized by local 
                communities for subsistence and recreation uses;
                    (E) support development of new biomass energy 
                opportunities in southeast Alaska, reducing dependence 
                on high-cost diesel fuel for the generation of energy;
                    (F) provide start-up capital for innovative 
                business models in southeast Alaska that create new 
                opportunities for non-timber economic development in 
                the region, including support for renewable biomass 
                initiatives, Alaska Native artisans, and rural 
                mariculture farming; and
                    (G) support Native education and cultural and 
                language preservation activities;
            (23) if the resource development operations of Sealaska 
        cease on land appropriate for those operations, there will be a 
        significant negative impact on--
                    (A) southeast Alaska Native shareholders;
                    (B) the cultural preservation activities of 
                Sealaska;
                    (C) the economy of southeast Alaska; and
                    (D) the Alaska Native community that benefits from 
                the revenue-sharing requirements under the Alaska 
                Native claims Settlement Act (43 U.S.C. 1601 et seq.);
            (24) it is critical that the remaining land entitlement 
        conveyances to Sealaska under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.) are fulfilled to 
        continue to meet the economic, social, and cultural needs of 
        the Alaska Native shareholders of southeast Alaska and the 
        Alaska Native community throughout Alaska;
            (25) in order to realize cultural preservation goals while 
        also diversifying economic opportunities, Sealaska should be 
        authorized to select and receive conveyance of--
                    (A) sacred, cultural, traditional, and historic 
                sites and other places of traditional cultural 
                significance, including traditional and customary trade 
                and migration routes, to facilitate the perpetuation 
                and preservation of Alaska Native culture and history;
                    (B) other sites with traditional and recreation use 
                value and sites suitable for renewable energy 
                development to facilitate appropriate tourism and 
                outdoor recreation enterprises and renewable energy 
                development for rural southeast Alaska communities; and
                    (C) lands that are suitable economically and 
                environmentally for natural resource development;
            (26) on completion of the conveyances of land of Sealaska 
        to fulfill the full land entitlement of Sealaska under the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
        the encumbrances on 327,000 acres of Federal land created by 
        the withdrawal of land for selection by Native Corporations in 
        southeast Alaska should be removed, which will facilitate 
        thorough and complete planning and efficient management 
        relating to national forest land in southeast Alaska by the 
        Forest Service;
            (27) although the Tribal Forest Protection Act (25 U.S.C. 
        3101 note; Public Law 108-278) defines the term ``Indian 
        tribe'' to include Indian tribes under section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b), a term which includes ``any Alaska Native village or 
        regional or village corporation as defined in or established 
        pursuant to the Alaska Native Claims Settlement Act . . .'', 
        the Tribal Forest Protection Act does not define the term 
        ``Indian forest land or rangeland'' to include lands owned by 
        Alaska Native Corporations, including Sealaska, which are the 
        primary Indian forest land owners in Alaska, and therefore, the 
        Tribal Forest Protection Act should be amended in a manner that 
        will--
                    (A) permit Native Corporations, including Sealaska, 
                as Indian forest land owners in Alaska, to work with 
                the Secretary of Agriculture under the Tribal Forest 
                Protection Act to address forest fire and insect 
                infestation issues, including the spread of the spruce 
                bark beetle in southeast and southcentral Alaska, which 
                threaten the health of the Native forestlands; and
                    (B) ensure that Native Corporations, including 
                Sealaska, can participate in programs administered by 
                the Secretary of Agriculture under the Tribal Forest 
                Protection Act without including Native Corporations 
                under the definition in that Act of ``Indian forest 
                land or rangeland'' or otherwise amending that Act in a 
                manner that validates, invalidates, or otherwise 
                affects any claim regarding the existence of Indian 
                country in the State of Alaska; and
            (28) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.) defines the term ``Indian tribe'' to include any 
        ``Native village, Regional Corporation or Village Corporation, 
        as those terms are defined in section 3 of the Alaska Native 
        Claims Settlement Act'' but does not define the term ``Tribal 
        lands'' to include lands owned by Alaska Native Corporations, 
        thereby excluding from the National Historic Preservation Act 
        cemetery sites and historical places transferred to Native 
        Corporations, including Sealaska, pursuant to the Alaska Native 
        Claims Settlement Act, and therefore, the National Historic 
        Preservation Act should be amended in a manner that will--
                    (A) permit Native Corporations, including Sealaska, 
                as owners of Indian cemetery sites and historical 
                places in Alaska, to work with the Secretary of the 
                Interior under the National Historic Preservation Act 
                to secure grants and other support to manage their own 
                historic sites and programs pursuant to that Act; and
                    (B) ensure that Native Corporations, including 
                Sealaska, can participate in programs administered by 
                the Secretary of the Interior under the National 
                Historic Preservation Act without including Native 
                Corporations under the definition in that Act of 
                ``Tribal lands'' or otherwise amending that Act in a 
                manner that validates, invalidates, or otherwise 
                affects any claim regarding the existence of Indian 
                country in the State of Alaska.
    (b) Purpose.--The purpose of this Act is to address the inequitable 
treatment of Sealaska by allowing Sealaska to select the remaining land 
entitlement of Sealaska under section 14 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1613) from designated Federal land in 
southeast Alaska located outside the 10 southeast Alaska Native village 
withdrawal areas in a manner that meets the cultural, social, and 
economic needs of Native shareholders, including the need to maintain 
jobs supported by Sealaska in rural southeast Alaska communities.

SEC. 4. SELECTIONS IN SOUTHEAST ALASKA.

    (a) Selection by Sealaska.--
            (1) In general.--Notwithstanding section 14(h)(8) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), 
        Sealaska is authorized to select and receive conveyance of the 
        remaining land entitlement of Sealaska under that Act (43 
        U.S.C. 1601 et seq.) from Federal land located in southeast 
        Alaska from each category described in subsections (b) and (c).
            (2) Treatment of land conveyed.--Land conveyed pursuant to 
        this Act are to be treated as land conveyed pursuant to the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 
        subject to, but not limited to--
                    (A) reservation of public easements across land 
                pursuant to section 17(b) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1616(b));
                    (B) valid existing rights pursuant to section 14(g) 
                of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1613(g)); and
                    (C) the land bank protections of section 907(d) of 
                the Alaska National Interest and Lands Conservation Act 
                (43 U.S.C. 1636(d)).
    (b) Withdrawal of Land.--The following public land is withdrawn, 
subject to valid existing rights, from all forms of appropriation under 
public land laws, including the mining and mineral leasing laws, and 
from 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), 
and shall be available for selection by and conveyance to Sealaska to 
complete 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)):
            (1) Land identified on the maps dated February 1, 2011, and 
        labeled ``Attachment A (Maps 1 through 8)''.
            (2) Sites with traditional, recreational, and renewable 
        energy use value, as identified on the map entitled ``Sites 
        with Traditional, Recreational, and Renewable Energy Use 
        Value'', dated February 1, 2011, and labeled ``Attachment D'', 
        subject to the condition that not more than 5,000 acres shall 
        be selected for those purposes.
            (3) Sites identified on the map entitled ``Traditional and 
        Customary Trade and Migration Routes'', dated February 1, 2011, 
        and labeled ``Attachment C'', which includes an identification 
        of--
                    (A) a conveyance of land 25 feet in width, together 
                with 1-acre sites at each terminus and at 8 locations 
                along the route, with the route, location, and 
                boundaries of the conveyance described on the map inset 
                entitled ``Yakutat to Dry Bay Trade and Migration 
                Route'' on the map entitled ``Traditional and Customary 
                Trade and Migration Routes'', dated February 1, 2011, 
                and labeled ``Attachment C'';
                    (B) a conveyance of land 25 feet in width, together 
                with 1-acre sites at each terminus, with the route, 
                location, and boundaries of the conveyance described on 
                the map inset entitled ``Bay of Pillars to Port Camden 
                Trade and Migration Route'' on the map entitled 
                ``Traditional and Customary Trade and Migration 
                Routes'', dated February 1, 2011, and labeled 
                ``Attachment C''; and
                    (C) a conveyance of land 25 feet in width, together 
                with 1-acre sites at each terminus, with the route, 
                location, and boundaries of the conveyance described on 
                the map inset entitled ``Portage Bay to Duncan Canal 
                Trade and Migration Route'' on the map entitled 
                ``Traditional and Customary Trade and Migration 
                Routes'', dated February 1, 2011, and labeled 
                ``Attachment C''.
    (c) Sites With Sacred, Cultural, Traditional, or Historic 
Significance.--Subject to the criteria and procedures applicable to 
land selected pursuant to section 14(h)(1) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1613(h)(1)) and set forth in the regulations 
promulgated at section 2653.5 of title 43, Code of Federal Regulations 
(as in effect on the date of enactment of this Act), except as 
otherwise provided in this Act--
            (1) Sealaska shall have a right to identify up to 3,600 
        acres of sites with sacred, cultural, traditional, or historic 
        significance, including archeological sites, cultural 
        landscapes, and natural features having cultural significance; 
        and
            (2) on identification of the land by Sealaska under 
        paragraph (1), the identified land shall be--
                    (A) withdrawn, subject to valid existing rights, 
                from all forms of appropriation under public land laws, 
                including the mining and mineral leasing laws, and from 
                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); and
                    (B) available for selection by and conveyance to 
                Sealaska to complete 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)) subject to 
                the conditions that--
                            (i) no sites with sacred, cultural, 
                        traditional, or historic significance may be 
                        selected from within a unit of the National 
                        Park System; and
                            (ii) beginning on the date that is 15 years 
                        after the date of enactment of this Act, 
                        Sealaska shall be limited to identifying not 
                        more than 360 acres of sites with sacred, 
                        cultural, traditional, or historic significance 
                        under this subsection.
    (d) Forest Development Roads.--Sealaska shall receive from the 
United States, subject to all necessary State and Federal permits, 
nonexclusive easements to Sealaska to allow--
            (1) access on the forest development road and use of the 
        log transfer site identified in paragraphs (3)(b), (3)(c) and 
        (3)(d) of the patent numbered 50-85-0112 and dated January 4, 
        1985;
            (2) access on the forest development road identified in 
        paragraphs (2)(a) and (2)(b) of the patent numbered 50-92-0203 
        and dated February 24, 1992;
            (3) access on the forest development road identified in 
        paragraph (2)(a) of the patent numbered 50-94-0046 and dated 
        December 17, 1993;
            (4) access on the forest development roads and use of the 
        log transfer facilities identified on the maps dated February 
        1, 2011, and labeled ``Attachment A (Maps 1 through 8)'';
            (5) a reservation of a right to construct a new road to 
        connect to existing forest development roads as generally 
        identified on the maps identified in paragraph (4); and
            (6) access to and reservation of a right to construct a new 
        log transfer facility and log storage area at the location 
        identified on the maps identified in paragraph (4).

SEC. 5. CONVEYANCES TO SEALASKA.

    (a) Timeline for Conveyance.--
            (1) In general.--Subject to paragraphs (2), (3), and (4), 
        the Secretary shall work with Sealaska to develop a mutually 
        agreeable schedule to complete the conveyance of land to 
        Sealaska under this Act.
            (2) Final priorities.--Consistent with the provisions of 
        section 403 of the Alaska Land Transfer Acceleration Act (43 
        U.S.C. 1611 note; Public Law 108-452), not later than 18 months 
        after the date of enactment of this Act, Sealaska shall submit 
        to the Secretary the final, irrevocable priorities for 
        selection of land withdrawn under section 4(b)(1).
            (3) Substantial completion required.--Not later than two 
        years after the date of selection by Sealaska of land withdrawn 
        under section 4(b)(1), the Secretary shall substantially 
        complete the conveyance of the land to Sealaska under this Act.
            (4) Effect.--Nothing in this Act shall interfere with or 
        cause any delay in the duty of the Secretary to convey land to 
        the State of Alaska under section 6 of the Act of July 7, 1958 
        (commonly known as the ``Alaska Statehood Act'') (48 U.S.C. 
        note prec. 21; Public Law 85-508).
    (b) Expiration of Withdrawals.--On completion of the selection by 
Sealaska and the conveyances to Sealaska of land under subsection (a) 
in a manner that is sufficient to fulfill the land entitlement of 
Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1613(h)(8))--
            (1) the right of Sealaska to receive any land under that 
        Act from within a withdrawal area established under subsections 
        (a) and (d) of section 16 of that Act shall be terminated;
            (2) the withdrawal areas set aside for selection by Native 
        Corporations in southeast Alaska under subsections (a) and (d) 
        of section 16 of that Act shall be rescinded; and
            (3) land located within a withdrawal area that is not 
        conveyed to Sealaska or to a southeast Alaska Village 
        Corporation or Urban Corporation shall be returned to the 
        unencumbered management of the Forest Service as part of the 
        Tongass National Forest.
    (c) Limitation.--Sealaska shall not select or receive under this 
Act any conveyance of land pursuant to paragraphs (1) or (2) of section 
4(b) located within any conservation system unit.
    (d) Applicable Easements and Public Access.--
            (1) In general.--In addition to the reservation of public 
        easements under section 4(a)(2)(A), the conveyance to Sealaska 
        of land withdrawn pursuant to paragraphs (1) and (3) of section 
        4(b) that are located outside a withdrawal area designated 
        under section 16(a) of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1615(a)) shall be subject to--
                    (A) a reservation for easements for public access 
                on the public roads depicted on the maps dated February 
                1, 2011, and labeled ``Attachment A (Maps 1 through 
                8)'';
                    (B) a reservation for easements for public access 
                on the temporary roads designated by the Forest Service 
                as of the date of the enactment of this Act for the 
                public access trails depicted on the maps described in 
                subparagraph (A); and
                    (C) the right of noncommercial public access for 
                subsistence uses, consistent with title VIII of the 
                Alaska National Interest Lands Conservation Act (16 
                U.S.C. 3111 et seq.), and recreational access, without 
                liability to Sealaska, subject to--
                            (i) the right of Sealaska to regulate 
                        access to ensure public safety, to protect 
                        cultural or scientific resources, and to 
                        provide environmental protection; and
                            (ii) the condition that Sealaska shall post 
                        on any applicable property, in accordance with 
                        State law, notices of the conditions on use.
            (2) Sacred, cultural, traditional and historic sites.--The 
        conveyance to Sealaska of land withdrawn pursuant to section 
        4(c) that is located outside of a withdrawal area designated 
        under section 16(a) of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1615(a)) shall be subject to--
                    (A) the right of public access across the 
                conveyances where no reasonable alternative access 
                around the land is available without liability to 
                Sealaska; and
                    (B) the right of Sealaska to regulate access across 
                the conveyances to ensure public safety, to protect 
                cultural or scientific resources, to provide 
                environmental protection, or to prohibit activities 
                incompatible with the use and enjoyment of the land by 
                Sealaska, subject to the condition that Sealaska shall 
                post on any applicable property, in accordance with 
                State law, notices of any such condition.
            (3) Traditional and customary trade and migration routes.--
        The conveyance to Sealaska of land withdrawn pursuant to 
        section 4(b)(3) that is located outside of a withdrawal area 
        designated under section 16(a) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1615(a)) shall be subject to a 
        requirement that Sealaska provide public access across such 
        linear conveyances if an adjacent landowner or the public has a 
        legal right to use the adjacent private or public land.
            (4) Sites with traditional, recreational, and renewable 
        energy use value.--The conveyance to Sealaska of land withdrawn 
        pursuant to section 4(b)(2) that is located outside of a 
        withdrawal area designated under section 16(a) of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be 
        subject to--
                    (A) the right of public access across the land 
                without liability to Sealaska; and
                    (B) the condition that public access across the 
                land would not be unreasonably restricted or impaired.
            (5) Effect.--No right of access provided to any individual 
        or entity (other than Sealaska) by this subsection--
                    (A) creates any interest, other than an interest 
                retained by the United States, of such an individual or 
                entity in the land conveyed to Sealaska in excess of 
                that right of access; or
                    (B) provides standing in any review of, or 
                challenge to, any determination by Sealaska with 
                respect to the management or development of the 
                applicable land.
    (e) Conditions on Sacred, Cultural, and Historic Sites and 
Traditional and Customary Trade and Migration Routes.--The conveyance 
to Sealaska of land withdrawn pursuant to sections 4(b)(3) and 4(c)--
            (1) shall be subject to a covenant prohibiting any 
        commercial timber harvest or mineral development on the land;
            (2) shall allow use of the land as described in subsection 
        (f); and
            (3) shall not be subject to any additional restrictive 
        covenant based on cultural or historic values, or any other 
        restriction, encumbrance, or easement, except as provided in 
        sections 14(g) and 17(b) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1613(g), 1616(b)).
    (f) Uses of Sacred, Cultural, Traditional, and Historic Sites and 
Traditional and Customary Trade and Migration Routes.--Any land 
conveyed to Sealaska from land withdrawn pursuant to sections 4(b)(3) 
and 4(c) may be used for--
            (1) preservation of cultural knowledge and traditions 
        associated with the site;
            (2) historical, cultural, and scientific research and 
        education;
            (3) public interpretation and education regarding the 
        cultural significance of the site to Alaska Natives;
            (4) protection and management of the site to preserve the 
        natural and cultural features of the site, including cultural 
        traditions, values, songs, stories, names, crests, and clan 
        usage, for the benefit of future generations; and
            (5) site improvement activities for any purpose described 
        in paragraphs (1) through (4), subject to the condition that 
        the activities--
                    (A) are consistent with the sacred, cultural, 
                traditional, or historic nature of the site; and
                    (B) are not inconsistent with the management plans 
                for adjacent public land.
    (g) Termination of Restrictive Covenants.--
            (1) In general.--Each restrictive covenant regarding 
        cultural or historical values with respect to any interim 
        conveyance or patent for a historic or cemetery site issued to 
        Sealaska pursuant to the Federal regulations contained in 
        sections 2653.5(a) and 2653.11 of title 43, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act), in accordance with section 14(h)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(1)), terminates as a 
        matter of law on the date of enactment of this Act.
            (2) Remaining conditions.--Land subject to a covenant 
        described in paragraph (1) on the day before the date of 
        enactment of this Act shall be subject to the conditions 
        described in subsection (e).
            (3) Records.--Sealaska shall be responsible for recording 
        with the land title recorders office of the State of Alaska any 
        modification to an existing conveyance of land under section 
        14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(1)) as a result of this Act.
    (h) Conditions on Sites With Traditional, Recreational, and 
Renewable Energy Use Value.--Each conveyance of land to Sealaska from 
land withdrawn pursuant to section 4(b)(2) shall be subject to a 
covenant prohibiting any commercial timber harvest or mineral 
development.
    (i) Escrow Funds for Withdrawn Land.--On the withdrawal by this Act 
of land identified for selection by Sealaska, the escrow requirements 
of section 2 of Public Law 94-204 (43 U.S.C. 1613 note), shall 
thereafter apply to the withdrawn land.
    (j) Guiding and Outfitting Special Use Permits or Authorizations.--
            (1) In general.--Consistent with the provisions of section 
        14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(g)), except as modified herein, on land conveyed to 
        Sealaska from land withdrawn pursuant to sections 4(b)(1) and 
        4(b)(2), an existing holder of a guiding or outfitting special 
        use permit or authorization issued by the Forest Service shall 
        be entitled to its rights and privileges on the land for the 
        remaining term of the permit, as of the date of conveyance to 
        Sealaska, and for 1 subsequent 10-year renewal of the permit, 
        subject to the condition that the rights shall be considered a 
        valid existing right reserved pursuant to section 14(g) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), and 
        shall be managed accordingly.
            (2) Notice of commercial activities.--Sealaska, with 
        respect to the holder of a guiding or outfitting special use 
        permit or authorization under this subsection, and a permit 
        holder referenced in this subsection, with respect to Sealaska, 
        shall have an obligation to inform the other party of their 
        respective commercial activities before engaging in the 
        activities on land, which has been conveyed to Sealaska under 
        this Act, subject to the permit or authorization.
            (3) Negotiation of new terms.--Nothing in this subsection 
        precludes Sealaska and a permit holder under this subsection 
        from negotiating new mutually agreeable permit terms that 
        supersede the requirements of--
                    (A) this subsection;
                    (B) section 14(g) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1613(g)); or
                    (C) any deed covenant.
            (4) Liability.--Sealaska shall bear no liability regarding 
        use and occupancy pursuant to special use permits or 
        authorizations on land selected or conveyed pursuant to this 
        Act.

SEC. 6. MISCELLANEOUS.

    (a) Status of Conveyed Land.--Each conveyance of Federal land to 
Sealaska pursuant to this Act, and each Federal action carried out to 
achieve the purpose of this Act, shall be considered to be conveyed or 
acted on, as applicable, pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.).
    (b) Environmental Mitigation and Incentives.--Notwithstanding 
subsection (e) and (h) of section 5, all land conveyed to Sealaska 
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.) and this Act shall be considered to be qualified to receive or 
participate in, as applicable--
            (1) any federally authorized carbon sequestration program, 
        ecological services program, or environmental mitigation 
        credit; and
            (2) any other federally authorized environmental incentive 
        credit or program.
    (c) No Material Effect on Forest Plan.--
            (1) In general.--Except as required by paragraph (2), 
        implementation of this Act, including the conveyance of land to 
        Sealaska, alone or in combination with any other factor, shall 
        not require an amendment of, or revision to, the Tongass 
        National Forest Land and Resources Management Plan before the 
        first revision of that Plan scheduled to occur after the date 
        of enactment of this Act.
            (2) Boundary adjustments.--The Secretary of Agriculture 
        shall implement any land ownership boundary adjustments to the 
        Tongass National Forest Land and Resources Management Plan 
        resulting from the implementation of this Act through a 
        technical amendment to that Plan.
    (d) Technical Corrections.--
            (1) Tribal forest protection.--Section 2 of the Tribal 
        Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended by 
        adding at the end a new subsection (h):
    ``(h)(1) Land owned by an Alaska Native Corporation pursuant to the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is 
forest land or formerly had a forest cover or vegetative cover that is 
capable of restoration shall be eligible for agreements and contracts 
authorized under this Act and administered by the Secretary.
    ``(2) Nothing in this subsection validates, invalidates, or 
otherwise affects any claim regarding the existence of Indian country 
(as defined in section 1151 of title 18, United States Code) in the 
State of Alaska.''.
            (2) National historic preservation.--Section 101(d) of the 
        National Historic Preservation Act (16 U.S.C. 470a(d)), is 
        amended by adding at the end a new paragraph (7):
    ``(7)(A) Notwithstanding any other provision of law, an Alaska 
Native tribe, band, nation or other organized group or community, 
including a Native village, Regional Corporation, or Village 
Corporation, shall be eligible to participate in all programs 
administered by the Secretary under this Act on behalf of Indian 
tribes, including, but not limited to, securing grants and other 
support to manage their own historic preservation sites and programs on 
lands held by the Alaska Native tribe, band, nation or other organized 
group or community, including a Native village, Regional Corporation, 
or Village Corporation.
    ``(B) Nothing in this paragraph validates, invalidates, or 
otherwise affects any claim regarding the existence of Indian country 
(as defined in section 1151 of title 18, United States Code) in the 
State of Alaska.''.
    (e) Effect on Entitlement.--Nothing in this Act shall have any 
effect upon the entitlement due to any Native Corporation, other than 
Sealaska, under--
            (1) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
        et seq.); or
            (2) the Alaska National Interest Lands Conservation Act (16 
        U.S.C. 3101 et seq.).

SEC. 7. MAPS.

    (a) Availability.--Each map referred to in this Act shall be 
maintained on file in--
            (1) the office of the Chief of the Forest Service; and
            (2) the office of the Secretary.
    (b) Corrections.--The Secretary or the Chief of the Forest Service 
may make any necessary correction to a clerical or typographical error 
in a map referred to in this Act.
    (c) Treatment.--No map referred to in this Act shall be considered 
to be an attempt by the Federal Government to convey any State or 
private land.
                                                 Union Calendar No. 188

112th CONGRESS

  1st Session

                               H. R. 1408

                          [Report No. 112-280]

_______________________________________________________________________

                                 A BILL

To provide for the settlement of certain claims under the Alaska Native 
             Claims Settlement Act, and for other purposes.

_______________________________________________________________________

                           November 10, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```