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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 740 Reported in House (RH)]

                                                 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]

_______________________________________________________________________

                                 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) Maps.--The term ``maps'' means the maps entitled 
        ``Sealaska Land Entitlement Finalization'', numbered 1 through 
        25 and dated January 22, 2013.
            (2) Sealaska.--The term ``Sealaska'' means the Sealaska 
        Corporation, a Regional Native Corporation established 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.
            (4) State.--The term ``State'' means the State of Alaska.

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 1,655,000 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), 
        otherwise, there were no areas available for selection; 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;
            (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 would be 
        entitled to receive a total of approximately 365,000 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) 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;
            (12) 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.);
            (13) in each withdrawal area, there exist other unique 
        factors that limit the ability of Sealaska to select sufficient 
        land to fulfill the land entitlement of Sealaska;
            (14) 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;
            (15) 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;
            (16)(A) the rate of unemployment in southeast Alaska 
        exceeds the statewide rate of unemployment on a non-seasonally 
        adjusted basis;
            (B) in November 2012, the Alaska Department of Labor and 
        Workforce Development reported the unemployment rate for the 
        Prince of Wales--Hyder census area at approximately 12.1 
        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;
            (17) Sealaska has played, and is expected to continue to 
        play, a significant role in the health of the southeast Alaska 
        economy;
            (18) 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;
            (19) 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;
            (20) 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;
            (21) 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.);
            (22) 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;
            (23) 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 and cultural 
                significance, 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;
            (24) on completion of the conveyances of land to 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;
            (25) 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
            (26) although 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'', the National Historic 
        Preservation Act 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 Alaska Native shareholders, including the need to 
maintain jobs supported by Sealaska in rural southeast Alaska 
communities.

SEC. 4. FINALIZATION OF ENTITLEMENT.

    (a) In General.--If, not later than 90 days after the date of 
enactment of this Act, the Secretary receives a corporate resolution 
adopted by the board of directors of Sealaska agreeing to accept the 
conveyance of land described in subsection (b) in accordance with this 
Act as full and final satisfaction of the remaining land entitlement of 
Sealaska under section 14(h) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1613(h)), the Secretary shall--
            (1) implement the provisions of this Act; and
            (2) charge the entitlement pool under section 14(h)(8) of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) 
        70,075 acres, reduced by the number of acres deducted under 
        subsection (b)(2), in fulfillment of the remaining land 
        entitlement for Sealaska under that Act, notwithstanding 
        whether the surveyed acreage of the 25 parcels of land 
        generally depicted on the maps as ``Sealaska Selections'' and 
        patented under section 5 is less than or more than 69,235 
        acres, reduced by the number of acres deducted under subsection 
        (b)(2).
    (b) Final Entitlement.--
            (1) In general.--Except as provided in paragraph (2), the 
        land described in subsection (a) shall consist of--
                    (A) the 25 parcels of Federal land comprising 
                approximately 69,235 acres that is generally depicted 
                as ``Sealaska Selections'' on the maps; and
                    (B) a total of not more than 840 acres of Federal 
                land for cemetery sites and historical places comprised 
                of parcels that are applied for in accordance with 
                section 6.
            (2) Deduction.--
                    (A) In general.--The Secretary shall deduct from 
                the number of acres of Federal land described in 
                paragraph (1)(A) the number of acres of Federal land 
                for which the Secretary has issued a conveyance during 
                the period beginning on August 1, 2012, and ending on 
                the date of receipt of the resolution under subsection 
                (a).
                    (B) Agreement.--The Secretary, the Secretary of 
                Agriculture, and Sealaska shall negotiate in good faith 
                to make a mutually agreeable adjustment to the parcel 
                of Federal land generally depicted on the maps entitled 
                ``Sealaska Land Entitlement Finalization'', numbered 1 
                of 25, and dated January 22, 2013, to implement the 
                deduction of acres required by subparagraph (A).
    (c) Effect of Acceptance.--The resolution filed by Sealaska in 
accordance with subsection (a) shall--
            (1) be final and irrevocable; and
            (2) without any further administrative action by the 
        Secretary, result in--
                    (A) the relinquishment of all existing selections 
                made by Sealaska under subsection 14(h)(8) of the 
                Alaska Native Claims Settlement Act (43 U.S.C. 
                1613(h)(8)); and
                    (B) the termination of all withdrawals by section 
                16 of the Alaska Native Claims Settlement Act (43 
                U.S.C. 1615), except to the extent a selection by a 
                Village Corporation under subsections (b) and (d) of 
                section 16 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1615) remains pending, until the date on 
                which those selections are resolved.
    (d) Failure To Accept.--If Sealaska fails to file the resolution in 
accordance with subsection (a)--
            (1) the provisions of this Act shall cease to be effective; 
        and
            (2) the Secretary shall, not later than 27 months after the 
        date of enactment of this Act, complete the interim conveyance 
        of the remaining land entitlement to Sealaska under section 
        14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(8)) from prioritized selections on file with the 
        Secretary on the date of enactment of this Act.
    (e) Scope of Law.--Except as provided in subsections (d) and (f), 
this Act provides the exclusive authority under which the remaining 
land entitlement of Sealaska under section 14(h) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1613(h)) may be fulfilled.
    (f) Effect.--Nothing in this Act affects any land that is--
            (1) the subject of an application under subsection (h)(1) 
        of section 14 of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613) that is pending on the date of enactment of this 
        Act; and
            (2) conveyed in accordance with that subsection.

SEC. 5. CONVEYANCES TO SEALASKA.

    (a) Interim Conveyance.--Subject to valid existing rights, 
subsections (c), (d), and (e), section 4(b), and section 7(a), the 
Secretary shall complete the interim conveyance of the 25 parcels of 
Federal land comprising approximately 69,235 acres generally depicted 
on the maps by the date that is 60 days after the date of receipt of 
the resolution under section 4(a), subject to the Secretary identifying 
and reserving, by the date that is 2 years after the date of enactment 
of this Act, or as soon as practicable thereafter, any easement that 
could have been reserved in accordance with this Act prior to the 
interim conveyance.
    (b) Withdrawal.--
            (1) In general.--Subject to valid existing rights, the 
        Federal land described in subsection (a) is withdrawn from--
                    (A) all forms of appropriation under the public 
                land laws;
                    (B) location, entry, and patent under the mining 
                laws;
                    (C) disposition under laws relating to mineral or 
                geothermal leasing; and
                    (D) 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).
            (2) Termination.--The withdrawal under paragraph (1) shall 
        remain in effect until--
                    (A) if Sealaska fails to file a resolution in 
                accordance with section 4(a), the date that is 90 days 
                after the date of enactment of this Act; or
                    (B) the date on which the Federal land is conveyed 
                under subsection (a).
    (c) Treatment of Land Conveyed.--Except as otherwise provided in 
this Act, any land conveyed to Sealaska under subsection (a) shall be--
            (1) considered to be land conveyed by the Secretary under 
        section 14(h)(8) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613(h)(8)); and
            (2) subject to all laws (including regulations) applicable 
        to entitlements under section 14(h)(8) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(8)), including section 
        907(d) of the Alaska National Interest Lands Conservation Act 
        (43 U.S.C. 1636(d)).
    (d) Easements.--
            (1) Public easements.--The deeds of conveyance for the land 
        under subsection (a) shall be subject to the reservation of 
        public easements under section 17(b) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1616(b)).
            (2) Research easement.--In the deed of conveyance for the 
        land generally depicted on the map entitled ``Sealaska Land 
        Entitlement Finalization'', numbered 7 of 25, and dated January 
        22, 2013, the Secretary shall reserve an easement--
                    (A) to access and continue Forest Service research 
                activities on the study plots located on the land; and
                    (B) that shall remain in effect for a 10-year 
                period beginning on the date of enactment of this Act.
            (3) Koscuisko island road easement.--
                    (A) In general.--The deeds of conveyance for the 
                land on Koscuisko Island under subsection (a) shall 
                grant to Sealaska an easement providing access to and 
                use by Sealaska of the log transfer facility at Shipley 
                Bay on Koscuisko Island, subject to--
                            (i) the agreement under subparagraph (C); 
                        and
                            (ii) the agreement under section 7(b).
                    (B) Scope of the easement.--The easement under 
                subparagraph (A) shall enable Sealaska--
                            (i) to construct, use, and maintain a road 
                        connecting the Forest Service Road known as 
                        ``Cape Pole Road'' to the Forest Service Road 
                        known as ``South Shipley Bay Road'' within the 
                        corridor depicted on the map entitled 
                        ``Sealaska Land Entitlement Finalization'', 
                        numbered 3 of 25, and dated January 22, 2013;
                            (ii) to use, maintain, and if necessary, 
                        reconstruct the Forest Service Road known as 
                        ``South Shipley Bay Road'' referred to in 
                        clause (i) to access the log transfer facility 
                        at Shipley Bay; and
                            (iii) to use, maintain, and expand the log 
                        transfer and sort yard facility at Shipley Bay 
                        that is within the area depicted on the map 
                        entitled ``Sealaska Land Entitlement 
                        Finalization'', numbered 3 of 25 and dated 
                        January 22, 2013.
                    (C) Roads and facilities use agreement.--In 
                addition to the agreement under section 7(b), the 
                Secretary and Sealaska shall enter into an agreement 
                relating to the access, use, maintenance, and 
                improvement of the roads and facilities under this 
                paragraph.
                    (D) Determination of location; legal description.--
                Sealaska shall--
                            (i) in consultation with the Secretary, 
                        determine the location within the corridor of 
                        the centerline of the road described in 
                        subparagraph (B)(i); and
                            (ii) provide to the Secretary a legal 
                        description of the centerline acceptable for 
                        granting the easement described in subparagraph 
                        (B)(i).
                    (E) Effect.--Nothing in this paragraph shall 
                preempt or otherwise affect State or local regulatory 
                authority.
    (e) Hunting, Fishing, and Recreation.--
            (1) In general.--Any land conveyed under subsection (a) 
        that is located outside a withdrawal area designated under 
        section 16(a) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1615(a)) shall remain open and available to subsistence 
        uses and noncommercial recreational hunting and fishing and 
        other recreational uses by the public under applicable law--
                    (A) without liability on the part of Sealaska, 
                except for willful acts, to any user as a result of the 
                use; and
                    (B) subject to--
                            (i) any reasonable restrictions that may be 
                        imposed by Sealaska on the public use--
                                    (I) to ensure public safety;
                                    (II) to minimize conflicts between 
                                recreational and commercial uses;
                                    (III) to protect cultural 
                                resources;
                                    (IV) to conduct scientific 
                                research; or
                                    (V) to provide environmental 
                                protection; and
                            (ii) the condition that Sealaska post on 
                        any applicable property, in accordance with 
                        State law, notices of the restrictions on use.
            (2) Effect.--Access provided to any individual or entity 
        under paragraph (1) shall not--
                    (A) create an interest in any third party in the 
                land conveyed under subsection (a); or
                    (B) provide standing to any third party in any 
                review of, or challenge to, any determination by 
                Sealaska with respect to the management or development 
                of the land conveyed under subsection (a).

SEC. 6. CEMETERY SITES AND HISTORICAL PLACES.

    (a) In General.--Notwithstanding section 14(h)(1)(E) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may 
submit applications for the conveyance under section 14(h)(1)(A) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of not 
more than 127 cemetery sites and historical places--
            (1) that are listed in the document entitled ``Sealaska 
        Cemetery Sites and Historical Places'' and dated January 18, 
        2013;
            (2) that are cemetery sites and historical places included 
        in the report by Wilsey and Ham, Inc., entitled ``1975 Native 
        Cemetery and Historic Sites of Southeast Alaska (Preliminary 
        Report)'' and dated October 1975; and
            (3) for which Sealaska has not previously submitted an 
        application.
    (b) Procedure for Evaluating Applications.--Except as otherwise 
provided in this section, the Secretary shall consider all applications 
submitted under this section in accordance with the criteria and 
procedures set forth in applicable regulations in effect as of the date 
of enactment of this Act.
    (c) Conveyance.--The Secretary may convey cemetery sites and 
historical places under this section that result in the conveyance of a 
total of approximately 840 acres of Federal land comprised of parcels 
that are--
            (1) applied for in accordance with this section; and
            (2) subject to--
                    (A) valid existing rights;
                    (B) the public access provisions of subsection (f);
                    (C) the condition that the conveyance of land for 
                the site listed under subsection (a)(1) as ``Bay of 
                Pillars Portage'' is limited to 25 acres in T.60 S., 
                R.72 E., Sec. 28, Copper River Meridian; and
                    (D) the condition that any access to or use of the 
                cemetery sites and historical places shall be 
                consistent with the management plans for adjacent 
                public land, if the management plans are more 
                restrictive than the laws (including regulations) 
                applicable under subsection (g).
    (d) Timeline.--No application for a cemetery site or historical 
place may be submitted under subsection (a) after the date that is 2 
years after the date of enactment of this Act.
    (e) Selection of Additional Cemetery Sites.--If Sealaska submits 
timely applications to the Secretary in accordance with subsections (a) 
and (d) for all 127 sites listed under subsection (a)(1), and the 
Secretary rejects any of those applications in whole or in part--
            (1) not later than 2 years after the date on which the 
        Secretary completes the conveyance of eligible cemetery sites 
        and historical places applied for under subsection (a), 
        Sealaska may submit applications for the conveyance under 
        section 14(h)(1)(A) of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1613(h)(1)(A)) of additional cemetery sites, the 
        total acreage of which, together with the cemetery sites and 
        historical places previously conveyed by the Secretary under 
        subsection (c), shall not exceed 840 acres; and
            (2) the Secretary shall--
                    (A) consider any applications for the conveyance of 
                additional cemetery sites in accordance with subsection 
                (b); and
                    (B) if the applications are approved, provide for 
                the conveyance of the sites in accordance with 
                subsection (c).
    (f) Public Access.--
            (1) In general.--Subject to paragraph (2), any land 
        conveyed under this section shall be subject to--
                    (A) the reservation of public easements under 
                section 17(b) of the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1616(b)); and
                    (B) public access across the conveyed land in cases 
                in which no reasonable alternative access around the 
                land is available, without liability to Sealaska, 
                except for willful acts, to any user by reason of the 
                use.
            (2) Limitations.--The public access and use under 
        subparagraph (B) of paragraph (1) shall be subject to--
                    (A) any reasonable restrictions that may be imposed 
                by Sealaska on the public access and use--
                            (i) to ensure public safety;
                            (ii) to protect and conduct research on the 
                        historic, archaeological, and cultural 
                        resources of the conveyed land; or
                            (iii) to provide environmental protection;
                    (B) the condition that Sealaska post on any 
                applicable property, in accordance with State law, 
                notices of the restrictions on the public access and 
                use; and
                    (C) the condition that the public access and use 
                shall not be incompatible with or in derogation of the 
                values of the area as a cemetery site or historical 
                place, as provided in section 2653.11 of title 43, Code 
                of Federal Regulations (or a successor regulation).
            (3) Effect.--Access provided to any individual or entity by 
        paragraph (1) shall not--
                    (A) create an interest in any third party in the 
                land conveyed under this section; or
                    (B) provide standing to any third party in any 
                review of, or challenge to, any determination by 
                Sealaska with respect to the management or development 
                of the land conveyed under this section.
    (g) Treatment of Land Conveyed.--Except as otherwise provided in 
this Act, any land conveyed to Sealaska under this section shall be--
            (1) considered land conveyed by the Secretary under section 
        14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1613(h)(1)); and
            (2) subject to all laws (including regulations) applicable 
        to conveyances under section 14(h)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1613(h)(1)), including section 
        907(d) of the Alaska National Interest Lands Conservation Act 
        (43 U.S.C. 1636(d)).

SEC. 7. MISCELLANEOUS.

    (a) Special Use Authorizations.--
            (1) In general.--On the conveyance of land to Sealaska 
        under section 5(a)--
                    (A) any guiding or outfitting special use 
                authorization issued by the Forest Service for the use 
                of the conveyed land shall terminate; and
                    (B) as a condition of the conveyance and consistent 
                with section 14(g) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1613(g)), Sealaska shall 
                allow the holder of the special use authorization 
                terminated under subparagraph (A) to continue the 
                authorized use, subject to the terms and conditions 
                that were in the special use authorization issued by 
                the Forest Service, for--
                            (i) the remainder of the term of the 
                        authorization; and
                            (ii) 1 additional consecutive 10-year 
                        renewal period.
            (2) Notice of commercial activities.--Sealaska and any 
        holder of a guiding or outfitting authorization under this 
        subsection shall have a mutual obligation, subject to the 
        guiding or outfitting authorization, to inform the other party 
        of any commercial activities prior to engaging in the 
        activities on the land conveyed to Sealaska under section 5(a).
            (3) Negotiation of new terms.--Nothing in this subsection 
        precludes Sealaska and the holder of a guiding or outfitting 
        authorization from negotiating a new mutually agreeable guiding 
        or outfitting authorization.
            (4) Liability.--Neither Sealaska nor the United States 
        shall bear any liability, except for willful acts of Sealaska 
        or the United States, regarding the use and occupancy of any 
        land conveyed to Sealaska under this Act, as provided in any 
        outfitting or guiding authorization under this subsection.
    (b) Roads and Facilities.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Agriculture and Sealaska shall 
negotiate in good faith to develop a binding agreement--
            (1) for the use of National Forest System roads and related 
        transportation facilities by Sealaska; and
            (2) the use of Sealaska roads and related transportation 
        facilities by the Forest Service.
    (c) Traditional Trade and Migration Routes.--
            (1) Routes.--
                    (A) The inside passage.--The route from Yakutat to 
                Dry Bay, as generally depicted on the map entitled 
                ``Traditional Trade and Migration Route, Neix naax aan 
                nax--The Inside Passage'' and dated October 17, 2012, 
                shall be known as ``Neix naax aan nax'' (``The Inside 
                Passage'').
                    (B) Canoe road.--The route from the Bay of Pillars 
                to Port Camden, as generally depicted on the map 
                entitled ``Traditional Trade and Migration Route, 
                Yakwdeiyi--Canoe Road'' and dated October 17, 2012, 
                shall be known as ``Yakwdeiyi'' (``Canoe Road'').
                    (C) The people's road.--The route from Portage Bay 
                to Duncan Canal, as generally depicted on the map 
                entitled ``Traditional Trade and Migration Route, 
                Lingit Deiyi--The People's Road'' and dated October 17, 
                2012, shall be known as ``Lingit Deiyi'' (``The 
                People's Road'').
            (2) Access to traditional trade and migration routes.--The 
        culturally and historically significant trade and migration 
        routes designated by paragraph (1) shall be open to travel by 
        Sealaska and the public in accordance with applicable law, 
        subject to such terms, conditions, and special use 
        authorizations as the Secretary of Agriculture may require.
    (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 Other Laws.--
            (1) In general.--Nothing in this Act delays the duty of the 
        Secretary to convey land to--
                    (A) the State 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); or
                    (B) a Native Corporation under--
                            (i) the Alaska Native Claims Settlement Act 
                        (43 U.S.C. 1601 et seq.); or
                            (ii) the Alaska Land Transfer Acceleration 
                        Act (43 U.S.C. 1611 note; Public Law 108-452).
            (2) Conveyances.--The Secretary shall promptly proceed with 
        the conveyance of all land necessary to fulfill the final 
        entitlement of all Native Corporations in accordance with--
                    (A) the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.); and
                    (B) the Alaska Land Transfer Acceleration Act (43 
                U.S.C. 1611 note; Public Law 108-452).
    (f) Escrow Funds.--If Sealaska files the resolution in accordance 
with section 4(a)--
            (1) the escrow requirements of section 2 of Public Law 94-
        204 (43 U.S.C. 1613 note) shall apply to proceeds (including 
        interest) derived from the land withdrawn under section 5(b) 
        from the date of receipt of the resolution; and
            (2) Sealaska shall have no right to any proceeds (including 
        interest) held pursuant to the escrow requirements of section 2 
        of Public Law 94-204 (43 U.S.C. 1613 note) that were derived 
        from land originally withdrawn for selection by section 16 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1615), but 
        not conveyed.
    (g) Maps.--
            (1) Availability.--Each map referred to in this Act shall 
        be available in the appropriate offices of the Secretary and 
        the Secretary of Agriculture.
            (2) Corrections.--The Secretary of Agriculture may make any 
        necessary correction to a clerical or typographical error in a 
        map referred to in this Act.
                                                 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 under the Alaska Native 
             Claims Settlement Act, and for other purposes.

_______________________________________________________________________

                           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
```