II

106TH CONGRESS

1ST SESSION S. 430

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.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 22, 1999

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

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.

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 ‘‘Kake Tribal Corpora5 tion Public Interest Land Exchange Act’’.

6 SEC. 2. AMENDMENT OF SETTLEMENT ACT.

7 The Alaska Native Claims Settlement Act (Public

8 Law 92–203, December 18, 1971, 85 Stat. 688, 43 U.S.C.
2

S 430 IS

1 1601 et seq.), as amended, is further amended by adding

2 at the end thereof:

3 ‘‘SEC. ll. KAKE TRIBAL CORPORATION LAND EXCHANGE.

4 ‘‘(a) GENERAL.—In exchange for lands and interests

5 therein described in subsection (b), the Secretary of Agri6 culture shall, subject to valid existing rights, convey to the

7 Kake Tribal Corporation the surface estate and to

8 Sealaska Corporation the subsurface estate of the Federal

9 land identified by Kake Tribal Corporation pursuant to

10 subsection (c): Lands exchanged pursuant to this section

11 shall be on the basis of equal value.

12 ‘‘(b) The surface estate to be conveyed by Kake Trib13 al Corporation and the subsurface estate to be conveyed

14 by Sealaska Corporation to the Secretary of Agriculture

15 are the municipal watershed lands as shown on the map

16 dated September 1, 1997, and labeled Attachment A, and

17 are further described as follows:

MUNICIPAL WATERSHED

COOPER RIVER MERIDIAN

T56S, R72E

Section Aproximate acres

13 ....................................................................................................... 82

23 ....................................................................................................... 118

24 ....................................................................................................... 635

25 ....................................................................................................... 640

26 ....................................................................................................... 346

34 ....................................................................................................... 9

35 ....................................................................................................... 349

36 ....................................................................................................... 248

Approximate total .............................................................................. 2,427
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S 430 IS

1 ‘‘(c) Within ninety (90) days of the receipt by the

2 United States of the conveyances of the surface estate and

3 the subsurface estate described in subsection (b), Kake

4 Tribal Corporation shall be entitled to identify lands in

5 the Hamilton Bay and Saginaw Bay areas, as depicted

6 on the maps dated September 1, 1997, and labeled Attach7 ments B and C. Kake Tribal Corporation shall notify the

8 Secretary of Agriculture in writing which lands Kake Trib9 al Corporation has identified.

10 ‘‘(d) TIMING OF CONVEYANCE AND VALUATION.—

11 The conveyance mandated by subsection (a) by the Sec12 retary of Agriculture shall occur within ninety (90) days

13 after the list of identified lands is submitted by Kake Trib14 al Corporation pursuant to subsection (c).

15 ‘‘(e) MANAGEMENT OF WATERSHED.—The Secretary

16 of Agriculture shall enter into a Memorandum of Agree17 ment with the City of Kake, Alaska, to provide for man18 agement of the municipal watershed.

19 ‘‘(f) TIMBER, MANUFACTURING; EXPORT RESTRIC20 TION.—Notwithstanding any other provision of law, tim21 ber harvested from land conveyed to Kake Tribal Corpora22 tion under this section shall not be exported as unproc23 essed logs from Alaska, nor may Kake Tribal Corporation

24 sell, trade, exchange, substitute, or otherwise convey that
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S 430 IS

1 timber to any person for the purpose of exporting that

2 timber from the State of Alaska.

3 ‘‘(g) RELATION TO OTHER REQUIREMENTS.—The

4 land conveyed to Kake Tribal Corporation and Sealaska

5 Corporation under this section shall be considered, for all

6 purposes, land conveyed under the Alaska Native Claims

7 Settlement Act.

8 ‘‘(h) MAPS.—The maps referred to in this section

9 shall be maintained on file in the Office of the Chief,

10 United States Forest Service, and in the Office of the Sec11 retary of the Interior, Washington, D.C. The acreage cited

12 in this section is approximate, and if there is any discrep13 ancy between cited acreage and the land depicted on the

14 specified maps, the maps shall control. The maps do not

15 constitute an attempt by the United States to convey State

16 or private land.

Æ