S. 430

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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

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 ‘‘Kake Tribal Corporation Land

Transfer Act’’.

SEC. 2. DECLARATION OF PURPOSE.

The purpose of this Act is to authorize the reallocation of

lands and selection rights between the State of Alaska, Kake Tribal

Corporation, and the City of Kake, Alaska, in order to provide

for the protection and management of the municipal watershed.

SEC. 3. AMENDMENT OF ALASKA NATIVE CLAIMS SETTLEMENT ACT.

The Alaska Native Claims Settlement Act (43 U.S.C. 1601

note) is amended by adding at the end the following new section:

‘‘KAKE TRIBAL CORPORATION LAND TRANSFER

‘‘SEC. 42. (a) IN GENERAL.—If—

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

under the Alaska Statehood Act (Public Law 85–508) to lands

described in subsection (c)(2) of this section; and

‘‘(2) Kake Tribal Corporation and Sealaska Corporation

convey all right, title, and interest to lands described in subsection (c)(1) to the City of Kake, Alaska,

then the Secretary of Agriculture (hereinafter referred to as ‘Secretary’) shall, not later than 180 days thereafter, convey to Kake

Tribal Corporation title to the surface estate in the land identified

in subsection (c)(2) of this section, and convey to Sealaska Corporation title to the subsurface estate in such land.

‘‘(b) EFFECT ON SELECTION TOTALS.—(1) Of the lands to which

the State of Alaska relinquishes selection rights and which are

conveyed to the City of Kake pursuant to subsection (a), 694.5

acres shall be charged against lands to be selected by the State

of Alaska under section 6(a) of the Alaska Statehood Act and

694.5 acres against lands to be selected by the State of Alaska

under section 6(b) of the Alaska Statehood Act.

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

Sealaska Corporation under this section is, for all purposes, considered to be land conveyed under this Act. However, the conveyance

of such land to Kake Tribal Corporation shall not count against
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or otherwise affect the Corporation’s remaining entitlement under

section 16(b).

‘‘(c) LANDS SUBJECT TO EXCHANGE.—(1) The lands to be transferred to the City of Kake under subsection (a) are the surface

and subsurface estate to approximately 1,430 acres of land owned

by Kake Tribal Corporation and Sealaska Corporation, and depicted

as ‘KTC Land to City of Kake’ on the map entitled ‘Kake Land

Exchange-2000’, dated May 2000.

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

and to conveyance to Kake Tribal Corporation and Sealaska Corporation under subsection (a) are the surface and subsurface estate

to approximately 1,389 acres of Federal lands depicted as ‘Jenny

Creek-Land Selected by the State of Alaska to KTC’ on the map

entitled ‘Kake Land Exchange-2000’, dated May 2000.

‘‘(3) In addition to the transfers authorized under subsection

(a), the Secretary may acquire from Sealaska Corporation the subsurface estate to approximately 1,127 acres of land depicted as

‘KTC Land-Conservation Easement to SEAL Trust’ on the map

entitled ‘Kake Land Exchange-2000’, dated May 2000, through a

land exchange for the subsurface estate to approximately 1,168

acres of Federal land in southeast Alaska that is under the administrative jurisdiction of the Secretary. Any exchange under this paragraph shall be subject to the mutual consent of the United States

Forest Service and Sealaska Corporation.

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

described in subsection (c)(2) are withdrawn from all forms of location, entry, and selection under the mining and public land laws

of the United States and from leasing under the mineral and

geothermal leasing laws. This withdrawal expires 18 months after

the effective date of this section.

‘‘(e) MAPS.—The maps referred to in this Act shall be maintained on file in the Office of the Chief, United States Forest

Service, the Office of the Secretary of the Interior, and the Office

of the Petersburg Ranger District, Alaska.

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

Service may cooperate with Kake Tribal Corporation and the City

of Kake in developing a watershed management plan that provides

for the protection of the watershed in the public interest. Grants

may be made, and contracts and cooperative agreements may be

entered into, to the extent necessary to assist the City of Kake

and Kake Tribal Corporation in the preparation and implementation

of a watershed management plan for the land within the City

of Kake’s municipal watershed.

‘‘(g) EFFECTIVE DATE.—This section is effective upon the execution of one or more conservation easements that, subject to valid

existing rights of third parties—

‘‘(1) encumber all lands depicted as ‘KTC Land to City

of Kake’ and ‘KTC Land-Conservation Easement to SEAL Trust’

on a map entitled ‘Kake Land Exchange-2000’ dated May 2000;

‘‘(2) provide for the relinquishment by Kake Tribal Corporation of the Corporation’s development rights on lands described

in paragraph (1); and

‘‘(3) provide for perpetual protection and management of

lands depicted as ‘KTC Land to City of Kake’ and ‘KTC LandConservation Easement to SEAL Trust’ on the map described

in paragraph (1) as—

‘‘(A) a watershed;
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‘‘(B) a municipal drinking water source in accordance

with the laws of the State of Alaska;

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

Hatchery; and

‘‘(D) habitat for black bear, deer, birds, and other wildlife.

‘‘(h) TIMBER MANUFACTURING; EXPORT RESTRICTION.—Notwithstanding any other provision of law, timber harvested from lands

conveyed to Kake Tribal Corporation under this section shall not

be available for export as unprocessed logs from Alaska, nor may

Kake Tribal Corporation sell, trade, exchange, substitute, or otherwise convey such timber to any person for the purpose of exporting

that timber from the State of Alaska.

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

such sums as may be necessary to carry out this Act, including

to compensate Kake Tribal Corporation for relinquishing its

development rights pursuant to subsection (g)(2) and to provide

assistance to Kake Tribal Corporation to meet the requirements

of subsection (h). No funds authorized under this section may be

paid to Kake Tribal Corporation unless Kake Tribal Corporation

is a party to the conservation easements described in subsection

(g).’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.