106TH CONGRESS

2D SESSION S. 430

AMENDMENT

In the House of Representatives, U. S.,

May 22, 2000.

Resolved, That the bill from the Senate (S. 430) entitled

‘‘An Act to amend the Alaska Native Claims Settlement Act

to provide for a land exchange between the Secretary of Agriculture and the Kake Tribal Corporation, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Kake Tribal Corporation

3 Land Transfer Act’’.

4 SEC. 2. DECLARATION OF PURPOSE.

5 The purpose of this Act is to authorize the reallocation

6 of lands and selection rights between the State of Alaska,

7 Kake Tribal Corporation, and the City of Kake, Alaska, in

8 order to provide for the protection and management of the

9 municipal watershed.
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1 SEC. 3. AMENDMENT OF ALASKA NATIVE CLAIMS SETTLE2 MENT ACT.

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

4 1601 note) is amended by adding at the end the following

5 new section:

6 ‘‘KAKE TRIBAL CORPORATION LAND TRANSFER

7 ‘‘SEC. 42. (a) IN GENERAL.—If—

8 ‘‘(1) the State of Alaska relinquishes its selection

9 rights under the Alaska Statehood Act (Public Law

10 85–508) to lands described in subsection (c)(2) of this

11 section; and

12 ‘‘(2) Kake Tribal Corporation and Sealaska Cor13 poration convey all right, title, and interest to lands

14 described in subsection (c)(1) to the City of Kake,

15 Alaska,

16 then the Secretary of Agriculture (hereinafter referred to as

17 ‘Secretary’) shall, not later than 180 days thereafter, convey

18 to Kake Tribal Corporation title to the surface estate in

19 the land identified in subsection (c)(2) of this section, and

20 convey to Sealaska Corporation title to the subsurface estate

21 in such land.

22 ‘‘(b) EFFECT ON SELECTION TOTALS.—(1) Of the

23 lands to which the State of Alaska relinquishes selection

24 rights and which are conveyed to the City of Kake pursuant

25 to subsection (a), 694.5 acres shall be charged against lands

26 to be selected by the State of Alaska under section 6(a) of
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1 the Alaska Statehood Act and 694.5 acres against lands to

2 be selected by the State of Alaska under section 6(b) of the

3 Alaska Statehood Act.

4 ‘‘(2) The land conveyed to Kake Tribal Corporation

5 and to Sealaska Corporation under this section is, for all

6 purposes, considered to be land conveyed under this Act.

7 However, the conveyance of such land to Kake Tribal Cor8 poration shall not count against or otherwise affect the Cor9 poration’s remaining entitlement under section 16(b).

10 ‘‘(c) LANDS SUBJECT TO EXCHANGE.—(1) The lands

11 to be transferred to the City of Kake under subsection (a)

12 are the surface and subsurface estate to approximately

13 1,430 acres of land owned by Kake Tribal Corporation and

14 Sealaska Corporation, and depicted as ‘KTC Land to City

15 of Kake’ on the map entitled ‘Kake Land Exchange-2000’,

16 dated May 2000.

17 ‘‘(2) The lands subject to relinquishment by the State

18 of Alaska and to conveyance to Kake Tribal Corporation

19 and Sealaska Corporation under subsection (a) are the sur20 face and subsurface estate to approximately 1389 acres of

21 Federal lands depicted as ‘Jenny Creek-Land Selected by

22 the State of Alaska to KTC’ on the map entitled ‘Kake Land

23 Exchange-2000’, dated May 2000.

24 ‘‘(3) In addition to the transfers authorized under sub25 section (a), the Secretary may acquire from Sealaska Cor-
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1 poration the subsurface estate to approximately 1,127 acres

2 of land depicted as ‘KTC Land-Conservation Easement to

3 SEAL Trust’ on the map entitled ‘Kake Land Exchange4 2000’, dated May 2000, through a land exchange for the

5 subsurface estate to approximately 1,168 acres of Federal

6 land in southeast Alaska that is under the administrative

7 jurisdiction of the Secretary. Any exchange under this para8 graph shall be subject to the mutual consent of the United

9 States Forest Service and Sealaska Corporation.

10 ‘‘(d) WITHDRAWAL.—Subject to valid existing rights,

11 the lands described in subsection (c)(2) are withdrawn from

12 all forms of location, entry, and selection under the mining

13 and public land laws of the United States and from leasing

14 under the mineral and geothermal leasing laws. This with15 drawal expires 18 months after the effective date of this sec16 tion.

17 ‘‘(e) MAPS.—The maps referred to in this Act shall be

18 maintained on file in the Office of the Chief, United States

19 Forest Service, the Office of the Secretary of the Interior,

20 and the Office of the Petersburg Ranger District, Alaska.

21 ‘‘(f) WATERSHED MANAGEMENT.—The United States

22 Forest Service may cooperate with Kake Tribal Corporation

23 and the City of Kake in developing a watershed manage24 ment plan that provides for the protection of the watershed

25 in the public interest. Grants may be made, and contracts
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1 and cooperative agreements may be entered into, to the ex2 tent necessary to assist the City of Kake and Kake Tribal

3 Corporation in the preparation and implementation of a

4 watershed management plan for the land within the City

5 of Kake’s municipal watershed.

6 ‘‘(g) EFFECTIVE DATE.—This section is effective upon

7 the execution of one or more conservation easements that,

8 subject to valid existing rights of third parties—

9 ‘‘(1) encumber all lands depicted as ‘KTC Land

10 to City of Kake’ and ‘KTC Land-Conservation Ease11 ment to SEAL Trust’ on a map entitled ‘Kake Land

12 Exchange-2000’ dated May 2000;

13 ‘‘(2) provide for the relinquishment by Kake

14 Tribal Corporation of the Corporation’s development

15 rights on lands described in paragraph (1); and

16 ‘‘(3) provide for perpetual protection and man17 agement of lands depicted as ‘KTC Land to City of

18 Kake’ and ‘KTC Land-Conservation Easement to

19 SEAL Trust’ on the map described in paragraph (1)

20 as—

21 ‘‘(A) a watershed;

22 ‘‘(B) a municipal drinking water source in

23 accordance with the laws of the State of Alaska;

24 ‘‘(C) a source of fresh water for the Gunnuk

25 Creek Hatchery; and
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1 ‘‘(D) habitat for black bear, deer, birds, and

2 other wildlife.

3 ‘‘(h) TIMBER MANUFACTURING; EXPORT RESTRIC4 TION.—Notwithstanding any other provision of law, timber

5 harvested from lands conveyed to Kake Tribal Corporation

6 under this section shall not be available for export as un7 processed logs from Alaska, nor may Kake Tribal Corpora8 tion sell, trade, exchange, substitute, or otherwise convey

9 such timber to any person for the purpose of exporting that

10 timber from the State of Alaska.

11 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized such sums as may be necessary to carry out this

13 Act, including to compensate Kake Tribal Corporation for

14 relinquishing its development rights pursuant to subsection

15 (g)(2) and to provide assistance to Kake Tribal Corporation

16 to meet the requirements of subsection (h). No funds author17 ized under this section may be paid to Kake Tribal Cor18 poration unless Kake Tribal Corporation is a party to the

19 conservation easements described in subsection (g).’’.

Attest:

Clerk.