IB 

Union Calendar No. 150 

113TH CONGRESS 

1ST SESSION H. R. 740 

[Report No. 113–203] 

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

Claims Settlement Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2013 

Mr. YOUNG of Alaska (for himself, Ms. HANABUSA, Mr. PIERLUISI, Ms. 

BORDALLO, and Mr. SABLAN) introduced the following bill; which was referred to the Committee on Natural Resources 

SEPTEMBER 10, 2013 

Additional sponsor: Mr. FALEOMAVAEGA

SEPTEMBER 10, 2013 

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 February 14, 2013] 


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A BILL 

To provide for the settlement of certain claims under the 

Alaska Native Claims Settlement Act, and for other purposes. 


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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 Native 

5 Land Entitlement Finalization and Jobs Protection Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MAPS.—The term ‘‘maps’’ means the maps 

9 entitled ‘‘Sealaska Land Entitlement Finalization’’, 

10 numbered 1 through 25 and dated January 22, 2013. 

11 (2) SEALASKA.—The term ‘‘Sealaska’’ means the 

12 Sealaska Corporation, a Regional Native Corporation 

13 established under the Alaska Native Claims Settle14 ment Act (43 U.S.C. 1601 et seq.). 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 (4) STATE.—The term ‘‘State’’ means the State 

18 of Alaska. 

19 SEC. 3. FINDINGS; PURPOSE. 

20 (a) FINDINGS.—Congress finds that— 

21 (1)(A) in 1971, Congress enacted the Alaska Na22 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 

23 to recognize and settle the aboriginal claims of Alaska 

24 Natives to land historically used by Alaska Natives 

25 for traditional, cultural, and spiritual purposes; and 


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1 (B) that Act declared that the land settlement 

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

3 conformity with the real economic and social needs of 

4 Natives’’; 

5 (2) the Alaska Native Claims Settlement Act (43 

6 U.S.C. 1601 et seq.)— 

7 (A) authorized the distribution of approxi8 mately $1,000,000,000 and 44,000,000 acres of 

9 land to Alaska Natives; and 

10 (B) provided for the establishment of Native 

11 Corporations to receive and manage the funds 

12 and that land to meet the cultural, social, and 

13 economic needs of Native shareholders; 

14 (3) under section 12 of the Alaska Native Claims 

15 Settlement Act (43 U.S.C. 1611), each Regional Cor16 poration, other than Sealaska (the Regional Corpora17 tion for southeast Alaska), was authorized to receive 

18 a share of land based on the proportion that the num19 ber of Alaska Native shareholders residing in the re20 gion of the Regional Corporation bore to the total 

21 number of Alaska Native shareholders, or the relative 

22 size of the area to which the Regional Corporation 

23 had an aboriginal land claim bore to the size of the 

24 area to which all Regional Corporations had aborigi25 nal land claims; 


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

2 southeast Alaska, 1 of the Regional Corporations with 

3 the largest number of Alaska Native shareholders, 

4 with more than 21 percent of all original Alaska Na5 tive shareholders, received less than 1 percent of the 

6 lands set aside for Alaska Natives, and received no 

7 land under section 12 of the Alaska Native Claims 

8 Settlement Act (43 U.S.C. 1611); 

9 (B) the Tlingit and Haida Indian Tribes of 

10 Alaska was 1 of the entities representing the Alaska 

11 Natives of southeast Alaska before the date of enact12 ment of the Alaska Native Claims Settlement Act (43 

13 U.S.C. 1601 et seq.); and 

14 (C) Sealaska did not receive land in proportion 

15 to the number of Alaska Native shareholders, or in 

16 proportion to the size of the area to which Sealaska 

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

18 United States Court of Claims cash settlement to the 

19 Tlingit and Haida Indian Tribes of Alaska in 1968 

20 for land previously taken to create the Tongass Na21 tional Forest and Glacier Bay National Monument; 

22 (5) the 1968 Court of Claims cash settlement of 

23 $7,500,000 did not— 

24 (A) adequately compensate the Alaska Na25 tives of southeast Alaska for the significant 


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1 quantity of land and resources lost as a result of 

2 the creation of the Tongass National Forest and 

3 Glacier Bay National Monument or other losses 

4 of land and resources; or 

5 (B) justify the significant disparate treat6 ment of Sealaska under the Alaska Native 

7 Claims Settlement Act (43 U.S.C. 1611) in 1971; 

8 (6)(A) while each other Regional Corporation re9 ceived a significant quantity of land under sections 

10 12 and 14 of the Alaska Native Claims Settlement Act 

11 (43 U.S.C. 1611, 1613), Sealaska only received land 

12 under section 14(h) of that Act (43 U.S.C. 1613(h)); 

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

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

15 Secretary to withdraw and convey 2,000,000 acres of 

16 ‘‘unreserved and unappropriated’’ public lands in 

17 Alaska from which Alaska Native selections could be 

18 made for historic sites, cemetery sites, Urban Cor19 poration land, Native group land, and Native Allot20 ments; 

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

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

23 selections are made under paragraphs (1) through (7) 

24 of that section, the land remaining in the 2,000,000- 

25 acre land pool is allocated based on the proportion 


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1 that the original Alaska Native shareholder popu2 lation of a Regional Corporation bore to the original 

3 Alaska Native shareholder population of all Regional 

4 Corporations; 

5 (D) the only Native land entitlement of Sealaska 

6 derives from a proportion of leftover land remaining 

7 from the 2,000,000-acre land pool, estimated as of the 

8 date of enactment of this Act at approximately 

9 1,655,000 acres; 

10 (E) because at the time of enactment of the Alas11 ka Native Claims Settlement Act (43 U.S.C. 1601 et 

12 seq.) all public land in the Tongass National Forest 

13 had been reserved for purposes of creating the na14 tional forest, the Secretary was not able to withdraw 

15 any public land in the Tongass National Forest for 

16 selection by and conveyance to Sealaska; 

17 (F) at the time of enactment of the Alaska Native 

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

19 public lands in southeast Alaska not located in the 

20 Tongass National Forest were not suitable for selec21 tion by and conveyance to Sealaska because such 

22 lands were located in Glacier Bay National Monu23 ment, were included in a withdrawal effected pursu24 ant to section 17(d)(2) of that Act (43 U.S.C. 

25 1616(d)(2)) and slated to become part of the 


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1 Wrangell-St. Elias National Park, or essentially con2 sisted of mountain tops; 

3 (G) Sealaska in 1975 requested that Congress 

4 amend the Alaska Native Claims Settlement Act (43 

5 U.S.C. 1601 et seq.) to permit the Regional Corpora6 tion to select lands inside of the withdrawal areas es7 tablished for southeast Alaska Native villages under 

8 section 16 of that Act (43 U.S.C. 1615), otherwise, 

9 there were no areas available for selection; and 

10 (H) in 1976 Congress amended section 16 of the 

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

12 1615) to allow Sealaska to select lands under section 

13 14(h)(8) of that Act (43 U.S.C. 1613(h)(8)) from land 

14 located inside, rather than outside, the withdrawal 

15 areas established for southeast Alaska Native villages; 

16 (7) the 10 Alaska Native village withdrawal 

17 areas in southeast Alaska surround the Alaska Native 

18 communities of Yakutat, Hoonah, Angoon, Kake, 

19 Kasaan, Klawock, Craig, Hydaburg, Klukwan, and 

20 Saxman; 

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

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

23 1601 et seq.) for southeast Alaska limit the land eligi24 ble for conveyance to Sealaska to the original with25 drawal areas surrounding 10 Alaska Native villages 


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1 in southeast Alaska, which precludes Sealaska from 

2 selecting land located— 

3 (i) in any withdrawal area established for 

4 the Urban Corporations for Sitka and Juneau, 

5 Alaska; or 

6 (ii) outside the 10 Alaska Native village 

7 withdrawal areas; and 

8 (B) unlike other Regional Corporations, Sealaska 

9 is not authorized to request land located outside the 

10 withdrawal areas described in subparagraph (A) if 

11 the withdrawal areas are insufficient to complete the 

12 land entitlement of Sealaska under the Alaska Native 

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

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

15 of cemetery sites and historic places on land outside 

16 withdrawal areas established under section 14 of the 

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

18 1613) was July 1, 1976; 

19 (B)(i) as of that date, the Bureau of Land Man20 agement notified Sealaska that the total entitlement of 

21 Sealaska would be approximately 200,000 acres; and 

22 (ii) Sealaska made entitlement allocation deci23 sions for cultural sites and economic development 

24 sites based on that original estimate; 


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1 (C) as a result of the Alaska Land Transfer Ac2 celeration Act (Public Law 108–452; 118 Stat. 3575) 

3 and subsequent related determinations and actions of 

4 the Bureau of Land Management, it became clear 

5 within the last decade that Sealaska would be entitled 

6 to receive a total of approximately 365,000 acres pur7 suant to the Alaska Native Claims Settlement Act (43 

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

9 (10) in light of the revised Bureau of Land Man10 agement estimate of the total number of acres that 

11 Sealaska will receive pursuant to the Alaska Native 

12 Claims Settlement Act (43 U.S.C. 1601 et seq.), and 

13 in consultation with Members of Alaska’s congres14 sional delegation, Sealaska and its shareholders be15 lieve that it is appropriate to allocate more of the en16 titlement of Sealaska to— 

17 (A) the acquisition of places of sacred, cul18 tural, traditional, and historical significance; 

19 (B) the acquisition of sites with traditional 

20 and recreational use value and sites suitable for 

21 renewable energy development; and 

22 (C) the acquisition of lands that are not 

23 within the watersheds of Native and non-Native 

24 communities and are suitable economically and 


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1 environmentally for natural resource develop2 ment; 

3 (11) 44 percent (820,000 acres) of the 10 Alaska 

4 Native village withdrawal areas established under the 

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

6 et seq.) described in paragraphs (7) and (8) are com7 posed of salt water and not available for selection; 

8 (12) of land subject to the selection rights of 

9 Sealaska, 110,000 acres are encumbered by guber10 natorial consent requirements under the Alaska Na11 tive Claims Settlement Act (43 U.S.C. 1601 et seq.); 

12 (13) in each withdrawal area, there exist other 

13 unique factors that limit the ability of Sealaska to se14 lect sufficient land to fulfill the land entitlement of 

15 Sealaska; 

16 (14) the selection limitations and guidelines ap17 plicable to Sealaska under the Alaska Native Claims 

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

19 (A) are inequitable and inconsistent with 

20 the purposes of that Act because there is insuffi21 cient land remaining in the withdrawal areas to 

22 meet the traditional, cultural, and socioeconomic 

23 needs of the shareholders of Sealaska; and 

24 (B) make it difficult for Sealaska to select— 


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1 (i) places of sacred, cultural, tradi2 tional, and historical significance; 

3 (ii) sites with traditional and recre4 ation use value and sites suitable for renew5 able energy development; and 

6 (iii) lands that meet the real economic 

7 needs of the shareholders of Sealaska; 

8 (15) unless Sealaska is allowed to select land 

9 outside designated withdrawal areas in southeast 

10 Alaska, Sealaska will not be able to— 

11 (A) complete the land entitlement selections 

12 of Sealaska under the Alaska Native Claims Set13 tlement Act (43 U.S.C. 1601 et seq.) in a man14 ner that meets the cultural, social, and economic 

15 needs of Native shareholders; 

16 (B) avoid land selections in watersheds that 

17 are the exclusive drinking water supply for re18 gional communities, support world class salmon 

19 streams, have been identified as important habi20 tat, or would otherwise be managed by the Forest 

21 Service as roadless and old growth forest re22 serves; 

23 (C) secure ownership of places of sacred, 

24 cultural, traditional, and historical importance 

25 to the Alaska Natives of southeast Alaska; and 


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1 (D) continue to support forestry jobs and 

2 economic opportunities for Alaska Natives and 

3 other residents of rural southeast Alaska; 

4 (16)(A) the rate of unemployment in southeast 

5 Alaska exceeds the statewide rate of unemployment on 

6 a non-seasonally adjusted basis; 

7 (B) in November 2012, the Alaska Department of 

8 Labor and Workforce Development reported the unem9 ployment rate for the Prince of Wales—Hyder census 

10 area at approximately 12.1 percent; 

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

12 Labor and Workforce Development projected popu13 lation losses between 1996 and 2030 for the Prince of 

14 Wales—Outer Ketchikan census area at 56.6 percent; 

15 (D) official unemployment rates severely under16 report the actual level of regional unemployment, par17 ticularly in Native villages; and 

18 (E) additional job losses will exacerbate out19 migration from Native and non-Native communities 

20 in southeast Alaska; 

21 (17) Sealaska has played, and is expected to con22 tinue to play, a significant role in the health of the 

23 southeast Alaska economy; 

24 (18) despite the small land base of Sealaska as 

25 compared to other Regional Corporations (less than 1 


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1 percent of the total quantity of land allocated pursu2 ant to the Alaska Native Claims Settlement Act (43 

3 U.S.C. 1601 et seq.)), Sealaska has— 

4 (A) provided considerable benefits to Alaska 

5 Native shareholders; 

6 (B) supported hundreds of jobs for Alaska 

7 Native shareholders and non-shareholders in 

8 southeast Alaska for more than 30 years; and 

9 (C) been a significant economic force in 

10 southeast Alaska; 

11 (19) pursuant to the revenue sharing provisions 

12 of section 7(i) of the Alaska Native Claims Settlement 

13 Act (43 U.S.C. 1606(i)), Sealaska has distributed 

14 more than $300,000,000 during the period beginning 

15 on January 1, 1971, and ending on December 31, 

16 2005, to Native Corporations throughout the State of 

17 Alaska from the development of natural resources, 

18 which accounts for 42 percent of the total revenues 

19 shared under that section during that period; 

20 (20) resource development operations maintained 

21 by Sealaska— 

22 (A) support hundreds of jobs in the south23 east Alaska region; 


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1 (B) make timber available to local and do2 mestic sawmills and other wood products busi3 nesses such as guitar manufacturers; 

4 (C) support firewood programs for local 

5 communities; 

6 (D) support maintenance of roads utilized 

7 by local communities for subsistence and recre8 ation uses; 

9 (E) support development of new biomass en10 ergy opportunities in southeast Alaska, reducing 

11 dependence on high-cost diesel fuel for the gen12 eration of energy; 

13 (F) provide start-up capital for innovative 

14 business models in southeast Alaska that create 

15 new opportunities for non-timber economic devel16 opment in the region, including support for re17 newable biomass initiatives, Alaska Native arti18 sans, and rural mariculture farming; and 

19 (G) support Native education and cultural 

20 and language preservation activities; 

21 (21) if the resource development operations of 

22 Sealaska cease on land appropriate for those oper23 ations, there will be a significant negative impact 

24 on— 

25 (A) southeast Alaska Native shareholders; 


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1 (B) the cultural preservation activities of 

2 Sealaska; 

3 (C) the economy of southeast Alaska; and 

4 (D) the Alaska Native community that ben5 efits from the revenue-sharing requirements 

6 under the Alaska Native Claims Settlement Act 

7 (43 U.S.C. 1601 et seq.); 

8 (22) it is critical that the remaining land enti9 tlement conveyances to Sealaska under the Alaska Na10 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 

11 are fulfilled to continue to meet the economic, social, 

12 and cultural needs of the Alaska Native shareholders 

13 of southeast Alaska and the Alaska Native community 

14 throughout Alaska; 

15 (23) in order to realize cultural preservation 

16 goals while also diversifying economic opportunities, 

17 Sealaska should be authorized to select and receive 

18 conveyance of— 

19 (A) sacred, cultural, traditional, and his20 toric sites and other places of traditional and 

21 cultural significance, to facilitate the perpetua22 tion and preservation of Alaska Native culture 

23 and history; 

24 (B) other sites with traditional and recre25 ation use value and sites suitable for renewable 


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1 energy development to facilitate appropriate 

2 tourism and outdoor recreation enterprises and 

3 renewable energy development for rural southeast 

4 Alaska communities; and 

5 (C) lands that are suitable economically 

6 and environmentally for natural resource devel7 opment; 

8 (24) on completion of the conveyances of land to 

9 Sealaska to fulfill the full land entitlement of 

10 Sealaska under the Alaska Native Claims Settlement 

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

12 327,000 acres of Federal land created by the with13 drawal of land for selection by Native Corporations 

14 in southeast Alaska should be removed, which will fa15 cilitate thorough and complete planning and efficient 

16 management relating to national forest land in south17 east Alaska by the Forest Service; 

18 (25) although the Tribal Forest Protection Act 

19 (25 U.S.C. 3101 note; Public Law 108–278) defines 

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

21 under section 4 of the Indian Self-Determination and 

22 Education Assistance Act (25 U.S.C. 450b), a term 

23 which includes ‘‘any Alaska Native village or regional 

24 or village corporation as defined in or established 

25 pursuant to the Alaska Native Claims Settlement Act 


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1 . . .’’, the Tribal Forest Protection Act does not define 

2 the term ‘‘Indian forest land or rangeland’’ to include 

3 lands owned by Alaska Native Corporations, includ4 ing Sealaska, which are the primary Indian forest 

5 land owners in Alaska, and therefore, the Tribal For6 est Protection Act should be amended in a manner 

7 that will— 

8 (A) permit Native Corporations, including 

9 Sealaska, as Indian forest land owners in Alas10 ka, to work with the Secretary of Agriculture 

11 under the Tribal Forest Protection Act to address 

12 forest fire and insect infestation issues, including 

13 the spread of the spruce bark beetle in southeast 

14 and southcentral Alaska, which threaten the 

15 health of the Native forestlands; and 

16 (B) ensure that Native Corporations, in17 cluding Sealaska, can participate in programs 

18 administered by the Secretary of Agriculture 

19 under the Tribal Forest Protection Act without 

20 including Native Corporations under the defini21 tion in that Act of ‘‘Indian forest land or range22 land’’ or otherwise amending that Act in a man23 ner that validates, invalidates, or otherwise af24 fects any claim regarding the existence of Indian 

25 country in the State of Alaska; and 


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1 (26) although the National Historic Preservation 

2 Act (16 U.S.C. 470 et seq.) defines the term ‘‘Indian 

3 tribe’’ to include any ‘‘Native village, Regional Cor4 poration or Village Corporation, as those terms are 

5 defined in section 3 of the Alaska Native Claims Set6 tlement Act’’, the National Historic Preservation Act 

7 does not define the term ‘‘Tribal lands’’ to include 

8 lands owned by Alaska Native Corporations, thereby 

9 excluding from the National Historic Preservation 

10 Act cemetery sites and historical places transferred to 

11 Native Corporations, including Sealaska, pursuant to 

12 the Alaska Native Claims Settlement Act, and there13 fore, the National Historic Preservation Act should be 

14 amended in a manner that will— 

15 (A) permit Native Corporations, including 

16 Sealaska, as owners of Indian cemetery sites and 

17 historical places in Alaska, to work with the Sec18 retary of the Interior under the National His19 toric Preservation Act to secure grants and other 

20 support to manage their own historic sites and 

21 programs pursuant to that Act; and 

22 (B) ensure that Native Corporations, in23 cluding Sealaska, can participate in programs 

24 administered by the Secretary of the Interior 

25 under the National Historic Preservation Act 


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1 without including Native Corporations under the 

2 definition in that Act of ‘‘Tribal lands’’ or other3 wise amending that Act in a manner that vali4 dates, invalidates, or otherwise affects any claim 

5 regarding the existence of Indian country in the 

6 State of Alaska. 

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

8 the inequitable treatment of Sealaska by allowing Sealaska 

9 to select the remaining land entitlement of Sealaska under 

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

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

12 Alaska located outside the 10 southeast Alaska Native vil13 lage withdrawal areas in a manner that meets the cultural, 

14 social, and economic needs of Alaska Native shareholders, 

15 including the need to maintain jobs supported by Sealaska 

16 in rural southeast Alaska communities. 

17 SEC. 4. FINALIZATION OF ENTITLEMENT. 

18 (a) IN GENERAL.—If, not later than 90 days after the 

19 date of enactment of this Act, the Secretary receives a cor20 porate resolution adopted by the board of directors of 

21 Sealaska agreeing to accept the conveyance of land described 

22 in subsection (b) in accordance with this Act as full and 

23 final satisfaction of the remaining land entitlement of 

24 Sealaska under section 14(h) of the Alaska Native Claims 

25 Settlement Act (43 U.S.C. 1613(h)), the Secretary shall— 


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1 (1) implement the provisions of this Act; and 

2 (2) charge the entitlement pool under section 

3 14(h)(8) of the Alaska Native Claims Settlement Act 

4 (43 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the 

5 number of acres deducted under subsection (b)(2), in 

6 fulfillment of the remaining land entitlement for 

7 Sealaska under that Act, notwithstanding whether the 

8 surveyed acreage of the 25 parcels of land generally 

9 depicted on the maps as ‘‘Sealaska Selections’’ and 

10 patented under section 5 is less than or more than 

11 69,235 acres, reduced by the number of acres deducted 

12 under subsection (b)(2). 

13 (b) FINAL ENTITLEMENT.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the land described in subsection (a) shall 

16 consist of— 

17 (A) the 25 parcels of Federal land com18 prising approximately 69,235 acres that is gen19 erally depicted as ‘‘Sealaska Selections’’ on the 

20 maps; and 

21 (B) a total of not more than 840 acres of 

22 Federal land for cemetery sites and historical 

23 places comprised of parcels that are applied for 

24 in accordance with section 6. 

25 (2) DEDUCTION.— 


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1 (A) IN GENERAL.—The Secretary shall de2 duct from the number of acres of Federal land 

3 described in paragraph (1)(A) the number of 

4 acres of Federal land for which the Secretary has 

5 issued a conveyance during the period beginning 

6 on August 1, 2012, and ending on the date of re7 ceipt of the resolution under subsection (a). 

8 (B) AGREEMENT.—The Secretary, the Sec9 retary of Agriculture, and Sealaska shall nego10 tiate in good faith to make a mutually agreeable 

11 adjustment to the parcel of Federal land gen12 erally depicted on the maps entitled ‘‘Sealaska 

13 Land Entitlement Finalization’’, numbered 1 of 

14 25, and dated January 22, 2013, to implement 

15 the deduction of acres required by subparagraph 

16 (A). 

17 (c) EFFECT OF ACCEPTANCE.—The resolution filed by 

18 Sealaska in accordance with subsection (a) shall— 

19 (1) be final and irrevocable; and 

20 (2) without any further administrative action by 

21 the Secretary, result in— 

22 (A) the relinquishment of all existing selec23 tions made by Sealaska under subsection 

24 14(h)(8) of the Alaska Native Claims Settlement 

25 Act (43 U.S.C. 1613(h)(8)); and 


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1 (B) the termination of all withdrawals by 

2 section 16 of the Alaska Native Claims Settle3 ment Act (43 U.S.C. 1615), except to the extent 

4 a selection by a Village Corporation under sub5 sections (b) and (d) of section 16 of the Alaska 

6 Native Claims Settlement Act (43 U.S.C. 1615) 

7 remains pending, until the date on which those 

8 selections are resolved. 

9 (d) FAILURE TO ACCEPT.—If Sealaska fails to file the 

10 resolution in accordance with subsection (a)— 

11 (1) the provisions of this Act shall cease to be ef12 fective; and 

13 (2) the Secretary shall, not later than 27 months 

14 after the date of enactment of this Act, complete the 

15 interim conveyance of the remaining land entitlement 

16 to Sealaska under section 14(h)(8) of the Alaska Na17 tive Claims Settlement Act (43 U.S.C. 1613(h)(8)) 

18 from prioritized selections on file with the Secretary 

19 on the date of enactment of this Act. 

20 (e) SCOPE OF LAW.—Except as provided in subsections 

21 (d) and (f), this Act provides the exclusive authority under 

22 which the remaining land entitlement of Sealaska under 

23 section 14(h) of the Alaska Native Claims Settlement Act 

24 (43 U.S.C. 1613(h)) may be fulfilled. 


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1 (f) EFFECT.—Nothing in this Act affects any land that 

2 is— 

3 (1) the subject of an application under subsection 

4 (h)(1) of section 14 of the Alaska Native Claims Set5 tlement Act (43 U.S.C. 1613) that is pending on the 

6 date of enactment of this Act; and 

7 (2) conveyed in accordance with that subsection. 

8 SEC. 5. CONVEYANCES TO SEALASKA. 

9 (a) INTERIM CONVEYANCE.—Subject to valid existing 

10 rights, subsections (c), (d), and (e), section 4(b), and section 

11 7(a), the Secretary shall complete the interim conveyance 

12 of the 25 parcels of Federal land comprising approximately 

13 69,235 acres generally depicted on the maps by the date 

14 that is 60 days after the date of receipt of the resolution 

15 under section 4(a), subject to the Secretary identifying and 

16 reserving, by the date that is 2 years after the date of enact17 ment of this Act, or as soon as practicable thereafter, any 

18 easement that could have been reserved in accordance with 

19 this Act prior to the interim conveyance. 

20 (b) WITHDRAWAL.— 

21 (1) IN GENERAL.—Subject to valid existing 

22 rights, the Federal land described in subsection (a) is 

23 withdrawn from— 

24 (A) all forms of appropriation under the 

25 public land laws; 


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1 (B) location, entry, and patent under the 

2 mining laws; 

3 (C) disposition under laws relating to min4 eral or geothermal leasing; and 

5 (D) selection under the Act of July 7, 1958 

6 (commonly known as the ‘‘Alaska Statehood 

7 Act’’) (48 U.S.C. note prec. 21; Public Law 85– 

8 508). 

9 (2) TERMINATION.—The withdrawal under para10 graph (1) shall remain in effect until— 

11 (A) if Sealaska fails to file a resolution in 

12 accordance with section 4(a), the date that is 90 

13 days after the date of enactment of this Act; or 

14 (B) the date on which the Federal land is 

15 conveyed under subsection (a). 

16 (c) TREATMENT OF LAND CONVEYED.—Except as oth17 erwise provided in this Act, any land conveyed to Sealaska 

18 under subsection (a) shall be— 

19 (1) considered to be land conveyed by the Sec20 retary under section 14(h)(8) of the Alaska Native 

21 Claims Settlement Act (43 U.S.C. 1613(h)(8)); and 

22 (2) subject to all laws (including regulations) 

23 applicable to entitlements under section 14(h)(8) of 

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

25 1613(h)(8)), including section 907(d) of the Alaska 


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1 National Interest Lands Conservation Act (43 U.S.C. 

2 1636(d)). 

3 (d) EASEMENTS.— 

4 (1) PUBLIC EASEMENTS.—The deeds of convey5 ance for the land under subsection (a) shall be subject 

6 to the reservation of public easements under section 

7 17(b) of the Alaska Native Claims Settlement Act (43 

8 U.S.C. 1616(b)). 

9 (2) RESEARCH EASEMENT.—In the deed of con10 veyance for the land generally depicted on the map 

11 entitled ‘‘Sealaska Land Entitlement Finalization’’, 

12 numbered 7 of 25, and dated January 22, 2013, the 

13 Secretary shall reserve an easement— 

14 (A) to access and continue Forest Service 

15 research activities on the study plots located on 

16 the land; and 

17 (B) that shall remain in effect for a 10-year 

18 period beginning on the date of enactment of this 

19 Act. 

20 (3) KOSCUISKO ISLAND ROAD EASEMENT.— 

21 (A) IN GENERAL.—The deeds of conveyance 

22 for the land on Koscuisko Island under sub23 section (a) shall grant to Sealaska an easement 

24 providing access to and use by Sealaska of the 


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1 log transfer facility at Shipley Bay on Koscuisko 

2 Island, subject to— 

3 (i) the agreement under subparagraph 

4 (C); and 

5 (ii) the agreement under section 7(b). 

6 (B) SCOPE OF THE EASEMENT.—The ease7 ment under subparagraph (A) shall enable 

8 Sealaska— 

9 (i) to construct, use, and maintain a 

10 road connecting the Forest Service Road 

11 known as ‘‘Cape Pole Road’’ to the Forest 

12 Service Road known as ‘‘South Shipley Bay 

13 Road’’ within the corridor depicted on the 

14 map entitled ‘‘Sealaska Land Entitlement 

15 Finalization’’, numbered 3 of 25, and dated 

16 January 22, 2013; 

17 (ii) to use, maintain, and if necessary, 

18 reconstruct the Forest Service Road known 

19 as ‘‘South Shipley Bay Road’’ referred to in 

20 clause (i) to access the log transfer facility 

21 at Shipley Bay; and 

22 (iii) to use, maintain, and expand the 

23 log transfer and sort yard facility at Ship24 ley Bay that is within the area depicted on 

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1 ment Finalization’’, numbered 3 of 25 and 

2 dated January 22, 2013. 

3 (C) ROADS AND FACILITIES USE AGREE4 MENT.—In addition to the agreement under sec5 tion 7(b), the Secretary and Sealaska shall enter 

6 into an agreement relating to the access, use, 

7 maintenance, and improvement of the roads and 

8 facilities under this paragraph. 

9 (D) DETERMINATION OF LOCATION; LEGAL

10 DESCRIPTION.—Sealaska shall— 

11 (i) in consultation with the Secretary, 

12 determine the location within the corridor 

13 of the centerline of the road described in 

14 subparagraph (B)(i); and 

15 (ii) provide to the Secretary a legal de16 scription of the centerline acceptable for 

17 granting the easement described in subpara18 graph (B)(i). 

19 (E) EFFECT.—Nothing in this paragraph 

20 shall preempt or otherwise affect State or local 

21 regulatory authority. 

22 (e) HUNTING, FISHING, AND RECREATION.— 

23 (1) IN GENERAL.—Any land conveyed under sub24 section (a) that is located outside a withdrawal area 

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


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1 Claims Settlement Act (43 U.S.C. 1615(a)) shall re2 main open and available to subsistence uses and non3 commercial recreational hunting and fishing and 

4 other recreational uses by the public under applicable 

5 law— 

6 (A) without liability on the part of 

7 Sealaska, except for willful acts, to any user as 

8 a result of the use; and 

9 (B) subject to— 

10 (i) any reasonable restrictions that 

11 may be imposed by Sealaska on the public 

12 use— 

13 (I) to ensure public safety; 

14 (II) to minimize conflicts between 

15 recreational and commercial uses; 

16 (III) to protect cultural resources; 

17 (IV) to conduct scientific research; 

18 or 

19 (V) to provide environmental pro20 tection; and 

21 (ii) the condition that Sealaska post on 

22 any applicable property, in accordance with 

23 State law, notices of the restrictions on use. 

24 (2) EFFECT.—Access provided to any individual 

25 or entity under paragraph (1) shall not— 


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1 (A) create an interest in any third party in 

2 the land conveyed under subsection (a); or 

3 (B) provide standing to any third party in 

4 any review of, or challenge to, any determination 

5 by Sealaska with respect to the management or 

6 development of the land conveyed under sub7 section (a). 

8 SEC. 6. CEMETERY SITES AND HISTORICAL PLACES. 

9 (a) IN GENERAL.—Notwithstanding section 

10 14(h)(1)(E) of the Alaska Native Claims Settlement Act (43 

11 U.S.C. 1613(h)(1)(E)), Sealaska may submit applications 

12 for the conveyance under section 14(h)(1)(A) of the Alaska 

13 Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of 

14 not more than 127 cemetery sites and historical places— 

15 (1) that are listed in the document entitled 

16 ‘‘Sealaska Cemetery Sites and Historical Places’’ and 

17 dated January 18, 2013; 

18 (2) that are cemetery sites and historical places 

19 included in the report by Wilsey and Ham, Inc., enti20 tled ‘‘1975 Native Cemetery and Historic Sites of 

21 Southeast Alaska (Preliminary Report)’’ and dated 

22 October 1975; and 

23 (3) for which Sealaska has not previously sub24 mitted an application. 


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1 (b) PROCEDURE FOR EVALUATING APPLICATIONS.— 

2 Except as otherwise provided in this section, the Secretary 

3 shall consider all applications submitted under this section 

4 in accordance with the criteria and procedures set forth in 

5 applicable regulations in effect as of the date of enactment 

6 of this Act. 

7 (c) CONVEYANCE.—The Secretary may convey ceme8 tery sites and historical places under this section that result 

9 in the conveyance of a total of approximately 840 acres of 

10 Federal land comprised of parcels that are— 

11 (1) applied for in accordance with this section; 

12 and 

13 (2) subject to— 

14 (A) valid existing rights; 

15 (B) the public access provisions of sub16 section (f); 

17 (C) the condition that the conveyance of 

18 land for the site listed under subsection (a)(1) as 

19 ‘‘Bay of Pillars Portage’’ is limited to 25 acres 

20 in T.60 S., R.72 E., Sec. 28, Copper River Me21 ridian; and 

22 (D) the condition that any access to or use 

23 of the cemetery sites and historical places shall 

24 be consistent with the management plans for ad25 jacent public land, if the management plans are 


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1 more restrictive than the laws (including regula2 tions) applicable under subsection (g). 

3 (d) TIMELINE.—No application for a cemetery site or 

4 historical place may be submitted under subsection (a) after 

5 the date that is 2 years after the date of enactment of this 

6 Act. 

7 (e) SELECTION OF ADDITIONAL CEMETERY SITES.— 

8 If Sealaska submits timely applications to the Secretary in 

9 accordance with subsections (a) and (d) for all 127 sites 

10 listed under subsection (a)(1), and the Secretary rejects any 

11 of those applications in whole or in part— 

12 (1) not later than 2 years after the date on 

13 which the Secretary completes the conveyance of eligi14 ble cemetery sites and historical places applied for 

15 under subsection (a), Sealaska may submit applica16 tions for the conveyance under section 14(h)(1)(A) of 

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

18 1613(h)(1)(A)) of additional cemetery sites, the total 

19 acreage of which, together with the cemetery sites and 

20 historical places previously conveyed by the Secretary 

21 under subsection (c), shall not exceed 840 acres; and 

22 (2) the Secretary shall— 

23 (A) consider any applications for the con24 veyance of additional cemetery sites in accord25 ance with subsection (b); and 


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1 (B) if the applications are approved, pro2 vide for the conveyance of the sites in accordance 

3 with subsection (c). 

4 (f) PUBLIC ACCESS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), any 

6 land conveyed under this section shall be subject to— 

7 (A) the reservation of public easements 

8 under section 17(b) of the Alaska Native Claims 

9 Settlement Act (43 U.S.C. 1616(b)); and 

10 (B) public access across the conveyed land 

11 in cases in which no reasonable alternative ac12 cess around the land is available, without liabil13 ity to Sealaska, except for willful acts, to any 

14 user by reason of the use. 

15 (2) LIMITATIONS.—The public access and use 

16 under subparagraph (B) of paragraph (1) shall be 

17 subject to— 

18 (A) any reasonable restrictions that may be 

19 imposed by Sealaska on the public access and 

20 use— 

21 (i) to ensure public safety; 

22 (ii) to protect and conduct research on 

23 the historic, archaeological, and cultural re24 sources of the conveyed land; or 


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1 (iii) to provide environmental protec2 tion; 

3 (B) the condition that Sealaska post on any 

4 applicable property, in accordance with State 

5 law, notices of the restrictions on the public ac6 cess and use; and 

7 (C) the condition that the public access and 

8 use shall not be incompatible with or in deroga9 tion of the values of the area as a cemetery site 

10 or historical place, as provided in section 

11 2653.11 of title 43, Code of Federal Regulations 

12 (or a successor regulation). 

13 (3) EFFECT.—Access provided to any individual 

14 or entity by paragraph (1) shall not— 

15 (A) create an interest in any third party in 

16 the land conveyed under this section; or 

17 (B) provide standing to any third party in 

18 any review of, or challenge to, any determination 

19 by Sealaska with respect to the management or 

20 development of the land conveyed under this sec21 tion. 

22 (g) TREATMENT OF LAND CONVEYED.—Except as oth23 erwise provided in this Act, any land conveyed to Sealaska 

24 under this section shall be— 


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1 (1) considered land conveyed by the Secretary 

2 under section 14(h)(1) of the Alaska Native Claims 

3 Settlement Act (43 U.S.C. 1613(h)(1)); and 

4 (2) subject to all laws (including regulations) 

5 applicable to conveyances under section 14(h)(1) of 

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

7 1613(h)(1)), including section 907(d) of the Alaska 

8 National Interest Lands Conservation Act (43 U.S.C. 

9 1636(d)). 

10 SEC. 7. MISCELLANEOUS. 

11 (a) SPECIAL USE AUTHORIZATIONS.— 

12 (1) IN GENERAL.—On the conveyance of land to 

13 Sealaska under section 5(a)— 

14 (A) any guiding or outfitting special use 

15 authorization issued by the Forest Service for the 

16 use of the conveyed land shall terminate; and 

17 (B) as a condition of the conveyance and 

18 consistent with section 14(g) of the Alaska Native 

19 Claims Settlement Act (43 U.S.C. 1613(g)), 

20 Sealaska shall allow the holder of the special use 

21 authorization terminated under subparagraph 

22 (A) to continue the authorized use, subject to the 

23 terms and conditions that were in the special use 

24 authorization issued by the Forest Service, for— 


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1 (i) the remainder of the term of the au2 thorization; and 

3 (ii) 1 additional consecutive 10-year 

4 renewal period. 

5 (2) NOTICE OF COMMERCIAL ACTIVITIES.— 

6 Sealaska and any holder of a guiding or outfitting 

7 authorization under this subsection shall have a mu8 tual obligation, subject to the guiding or outfitting 

9 authorization, to inform the other party of any com10 mercial activities prior to engaging in the activities 

11 on the land conveyed to Sealaska under section 5(a). 

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

13 this subsection precludes Sealaska and the holder of a 

14 guiding or outfitting authorization from negotiating 

15 a new mutually agreeable guiding or outfitting au16 thorization. 

17 (4) LIABILITY.—Neither Sealaska nor the United 

18 States shall bear any liability, except for willful acts 

19 of Sealaska or the United States, regarding the use 

20 and occupancy of any land conveyed to Sealaska 

21 under this Act, as provided in any outfitting or guid22 ing authorization under this subsection. 

23 (b) ROADS AND FACILITIES.—Not later than 1 year 

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1 riculture and Sealaska shall negotiate in good faith to de2 velop a binding agreement— 

3 (1) for the use of National Forest System roads 

4 and related transportation facilities by Sealaska; and 

5 (2) the use of Sealaska roads and related trans6 portation facilities by the Forest Service. 

7 (c) TRADITIONAL TRADE AND MIGRATION ROUTES.— 

8 (1) ROUTES.— 

9 (A) THE INSIDE PASSAGE.—The route from 

10 Yakutat to Dry Bay, as generally depicted on the 

11 map entitled ‘‘Traditional Trade and Migration 

12 Route, Neix naax aan na ́x—The Inside Passage’’ 

13 and dated October 17, 2012, shall be known as 

14 ‘‘Neix naax aan na ́x’’ (‘‘The Inside Passage’’). 

15 (B) CANOE ROAD.—The route from the Bay 

16 of Pillars to Port Camden, as generally depicted 

17 on the map entitled ‘‘Traditional Trade and Mi18 gration Route, Yakwdeiyı ́—Canoe Road’’ and 

19 dated October 17, 2012, shall be known as 

20 ‘‘Yakwdeiyı ́’’ (‘‘Canoe Road’’). 

21 (C) THE PEOPLE’S ROAD.—The route from 

22 Portage Bay to Duncan Canal, as generally de23 picted on the map entitled ‘‘Traditional Trade 

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1 ple’s Road’’ and dated October 17, 2012, shall be 

2 known as ‘‘Lingı ́t Deiyı ́’’ (‘‘The People’s Road’’). 

3 (2) ACCESS TO TRADITIONAL TRADE AND MIGRA4 TION ROUTES.—The culturally and historically sig5 nificant trade and migration routes designated by 

6 paragraph (1) shall be open to travel by Sealaska and 

7 the public in accordance with applicable law, subject 

8 to such terms, conditions, and special use authoriza9 tions as the Secretary of Agriculture may require. 

10 (d) TECHNICAL CORRECTIONS.— 

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

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

13 3115a), is amended by adding at the end a new sub14 section (h): 

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

16 pursuant to the Alaska Native Claims Settlement Act (43 

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

18 forest cover or vegetative cover that is capable of restoration 

19 shall be eligible for agreements and contracts authorized 

20 under this Act and administered by the Secretary. 

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

22 or otherwise affects any claim regarding the existence of In23 dian country (as defined in section 1151 of title 18, United 

24 States Code) in the State of Alaska.’’. 


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1 (2) NATIONAL HISTORIC PRESERVATION.—Sec2 tion 101(d) of the National Historic Preservation Act, 

3 (16 U.S.C. 470a(d)), is amended by adding at the end 

4 a new paragraph (7): 

5 ‘‘(7)(A) Notwithstanding any other provision of law, 

6 an Alaska Native tribe, band, nation or other organized 

7 group or community, including a Native village, Regional 

8 Corporation, or Village Corporation, shall be eligible to par9 ticipate in all programs administered by the Secretary 

10 under this Act on behalf of Indian tribes, including, but 

11 not limited to, securing grants and other support to manage 

12 their own historic preservation sites and programs on lands 

13 held by the Alaska Native tribe, band, nation or other orga14 nized group or community, including a Native village, Re15 gional Corporation, or Village Corporation. 

16 ‘‘(B) Nothing in this paragraph validates, invalidates, 

17 or otherwise affects any claim regarding the existence of In18 dian country (as defined in section 1151 of title 18, United 

19 States Code) in the State of Alaska.’’. 

20 (e) EFFECT ON OTHER LAWS.— 

21 (1) IN GENERAL.—Nothing in this Act delays the 

22 duty of the Secretary to convey land to— 

23 (A) the State under the Act of July 7, 1958 

24 (commonly known as the ‘‘Alaska Statehood 


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1 Act’’) (48 U.S.C. note prec. 21; Public Law 85– 

2 508); or 

3 (B) a Native Corporation under— 

4 (i) the Alaska Native Claims Settle5 ment Act (43 U.S.C. 1601 et seq.); or 

6 (ii) the Alaska Land Transfer Accel7 eration Act (43 U.S.C. 1611 note; Public 

8 Law 108–452). 

9 (2) CONVEYANCES.—The Secretary shall prompt10 ly proceed with the conveyance of all land necessary 

11 to fulfill the final entitlement of all Native Corpora12 tions in accordance with— 

13 (A) the Alaska Native Claims Settlement 

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

15 (B) the Alaska Land Transfer Acceleration 

16 Act (43 U.S.C. 1611 note; Public Law 108–452). 

17 (f) ESCROW FUNDS.—If Sealaska files the resolution 

18 in accordance with section 4(a)— 

19 (1) the escrow requirements of section 2 of Public 

20 Law 94–204 (43 U.S.C. 1613 note) shall apply to 

21 proceeds (including interest) derived from the land 

22 withdrawn under section 5(b) from the date of receipt 

23 of the resolution; and 

24 (2) Sealaska shall have no right to any proceeds 

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1 quirements of section 2 of Public Law 94–204 (43 

2 U.S.C. 1613 note) that were derived from land origi3 nally withdrawn for selection by section 16 of the 

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

5 1615), but not conveyed. 

6 (g) MAPS.— 

7 (1) AVAILABILITY.—Each map referred to in this 

8 Act shall be available in the appropriate offices of the 

9 Secretary and the Secretary of Agriculture. 

10 (2) CORRECTIONS.—The Secretary of Agriculture 

11 may make any necessary correction to a clerical or 

12 typographical error in a map referred to in this Act. 


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Union Calendar No. 150 

113TH CONGRESS 

1ST SESSION H. R. 740 

[Report No. 113–203] 

A BILL 

To provide for the settlement of certain claims 

and for other purposes. under the Alaska Native Claims Settlement Act, 

SEPTEMBER 10, 2013 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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