I 

113TH CONGRESS 

1ST SESSION H. R. 740 

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 

A BILL 

To provide for the settlement of certain claims under the 

Alaska Native Claims Settlement Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Southeast Alaska Na5 tive Land Entitlement Finalization and Jobs Protection 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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

2 entitled ‘‘Sealaska Land Entitlement Finalization’’, 

3 numbered 1 through 25 and dated January 22, 

4 2013. 

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

6 the Sealaska Corporation, a Regional Native Cor7 poration established under the Alaska Native Claims 

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

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

10 the Secretary of the Interior. 

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

12 of Alaska. 

13 SEC. 3. FINDINGS; PURPOSE. 

14 (a) FINDINGS.—Congress finds that— 

15 (1)(A) in 1971, Congress enacted the Alaska 

16 Native Claims Settlement Act (43 U.S.C. 1601 et 

17 seq.) to recognize and settle the aboriginal claims of 

18 Alaska Natives to land historically used by Alaska 

19 Natives for traditional, cultural, and spiritual pur20 poses; and 

21 (B) that Act declared that the land settlement 

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

23 conformity with the real economic and social needs 

24 of Natives’’; 


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1 (2) the Alaska Native Claims Settlement Act 

2 (43 U.S.C. 1601 et seq.)— 

3 (A) authorized the distribution of approxi4 mately $1,000,000,000 and 44,000,000 acres of 

5 land to Alaska Natives; and 

6 (B) provided for the establishment of Na7 tive Corporations to receive and manage the 

8 funds and that land to meet the cultural, social, 

9 and economic needs of Native shareholders; 

10 (3) under section 12 of the Alaska Native 

11 Claims Settlement Act (43 U.S.C. 1611), each Re12 gional Corporation, other than Sealaska (the Re13 gional Corporation for southeast Alaska), was au14 thorized to receive a share of land based on the pro15 portion that the number of Alaska Native share16 holders residing in the region of the Regional Cor17 poration bore to the total number of Alaska Native 

18 shareholders, or the relative size of the area to which 

19 the Regional Corporation had an aboriginal land 

20 claim bore to the size of the area to which all Re21 gional Corporations had aboriginal land claims; 

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

23 southeast Alaska, 1 of the Regional Corporations 

24 with the largest number of Alaska Native share25 holders, with more than 21 percent of all original 


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1 Alaska Native shareholders, received less than 1 per2 cent of the lands set aside for Alaska Natives, and 

3 received no land under section 12 of the Alaska Na4 tive Claims Settlement Act (43 U.S.C. 1611); 

5 (B) the Tlingit and Haida Indian Tribes of 

6 Alaska was 1 of the entities representing the Alaska 

7 Natives of southeast Alaska before the date of enact8 ment of the Alaska Native Claims Settlement Act 

9 (43 U.S.C. 1601 et seq.); and 

10 (C) Sealaska did not receive land in proportion 

11 to the number of Alaska Native shareholders, or in 

12 proportion to the size of the area to which Sealaska 

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

14 United States Court of Claims cash settlement to 

15 the Tlingit and Haida Indian Tribes of Alaska in 

16 1968 for land previously taken to create the Tongass 

17 National Forest and Glacier Bay National Monu18 ment; 

19 (5) the 1968 Court of Claims cash settlement 

20 of $7,500,000 did not— 

21 (A) adequately compensate the Alaska Na22 tives of southeast Alaska for the significant 

23 quantity of land and resources lost as a result 

24 of the creation of the Tongass National Forest 


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1 and Glacier Bay National Monument or other 

2 losses of land and resources; or 

3 (B) justify the significant disparate treat4 ment of Sealaska under the Alaska Native 

5 Claims Settlement Act (43 U.S.C. 1611) in 

6 1971; 

7 (6)(A) while each other Regional Corporation 

8 received a significant quantity of land under sections 

9 12 and 14 of the Alaska Native Claims Settlement 

10 Act (43 U.S.C. 1611, 1613), Sealaska only received 

11 land under section 14(h) of that Act (43 U.S.C. 

12 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 

16 of ‘‘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 

24 (7) of that section, the land remaining in the 

25 2,000,000-acre land pool is allocated based on the 


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1 proportion that the original Alaska Native share2 holder population of a Regional Corporation bore to 

3 the original Alaska Native shareholder population of 

4 all Regional Corporations; 

5 (D) the only Native land entitlement of 

6 Sealaska derives from a proportion of leftover land 

7 remaining from the 2,000,000-acre land pool, esti8 mated as of the date of enactment of this Act at ap9 proximately 1,655,000 acres; 

10 (E) because at the time of enactment of the 

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

12 1601 et seq.) all public land in the Tongass National 

13 Forest had been reserved for purposes of creating 

14 the national forest, the Secretary was not able to 

15 withdraw any public land in the Tongass National 

16 Forest for selection by and conveyance to Sealaska; 

17 (F) at the time of enactment of the Alaska Na18 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 

19 other public lands in southeast Alaska not located in 

20 the Tongass National Forest were not suitable for 

21 selection by and conveyance to Sealaska because 

22 such lands were located in Glacier Bay National 

23 Monument, were included in a withdrawal effected 

24 pursuant 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 Cor6 poration to select lands inside of the withdrawal 

7 areas established for southeast Alaska Native vil8 lages under section 16 of that Act (43 U.S.C. 1615), 

9 otherwise, there were no areas available for selection; 

10 and 

11 (H) in 1976 Congress amended section 16 of 

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

13 1615) to allow Sealaska to select lands under section 

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

15 land located inside, rather than outside, the with16 drawal areas established for southeast Alaska Native 

17 villages; 

18 (7) the 10 Alaska Native village withdrawal 

19 areas in southeast Alaska surround the Alaska Na20 tive communities of Yakutat, Hoonah, Angoon, 

21 Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, 

22 and Saxman; 

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

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

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1 gible for conveyance to Sealaska to the original with2 drawal areas surrounding 10 Alaska Native villages 

3 in southeast Alaska, which precludes Sealaska from 

4 selecting land located— 

5 (i) in any withdrawal area established for 

6 the Urban Corporations for Sitka and Juneau, 

7 Alaska; or 

8 (ii) outside the 10 Alaska Native village 

9 withdrawal areas; and 

10 (B) unlike other Regional Corporations, 

11 Sealaska is not authorized to request land located 

12 outside the withdrawal areas described in subpara13 graph (A) if the withdrawal areas are insufficient to 

14 complete the land entitlement of Sealaska under the 

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

16 1601 et seq.); 

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

18 of cemetery sites and historic places on land outside 

19 withdrawal areas established under section 14 of the 

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

21 1613) was July 1, 1976; 

22 (B)(i) as of that date, the Bureau of Land 

23 Management notified Sealaska that the total entitle24 ment of Sealaska would be approximately 200,000 

25 acres; and 


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1 (ii) Sealaska made entitlement allocation deci2 sions for cultural sites and economic development 

3 sites based on that original estimate; 

4 (C) as a result of the Alaska Land Transfer Ac5 celeration Act (Public Law 108–452; 118 Stat. 

6 3575) and subsequent related determinations and 

7 actions of the Bureau of Land Management, it be8 came clear within the last decade that Sealaska 

9 would be entitled to receive a total of approximately 

10 365,000 acres pursuant to the Alaska Native Claims 

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

12 (10) in light of the revised Bureau of Land 

13 Management estimate of the total number of acres 

14 that Sealaska will receive pursuant to the Alaska 

15 Native Claims Settlement Act (43 U.S.C. 1601 et 

16 seq.), and in consultation with Members of Alaska’s 

17 congressional delegation, Sealaska and its share18 holders believe that it is appropriate to allocate more 

19 of the entitlement of Sealaska to— 

20 (A) the acquisition of places of sacred, cul21 tural, traditional, and historical significance; 

22 (B) the acquisition of sites with traditional 

23 and recreational use value and sites suitable for 

24 renewable energy development; and 


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1 (C) the acquisition of lands that are not 

2 within the watersheds of Native and non-Native 

3 communities and are suitable economically and 

4 environmentally for natural resource develop5 ment; 

6 (11) 44 percent (820,000 acres) of the 10 Alas7 ka Native village withdrawal areas established under 

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

9 1601 et seq.) described in paragraphs (7) and (8) 

10 are composed of salt water and not available for se11 lection; 

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

13 Sealaska, 110,000 acres are encumbered by guber14 natorial consent requirements under the Alaska Na15 tive Claims Settlement Act (43 U.S.C. 1601 et seq.); 

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

17 unique factors that limit the ability of Sealaska to 

18 select sufficient land to fulfill the land entitlement of 

19 Sealaska; 

20 (14) the selection limitations and guidelines ap21 plicable to Sealaska under the Alaska Native Claims 

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

23 (A) are inequitable and inconsistent with 

24 the purposes of that Act because there is insuf25 ficient land remaining in the withdrawal areas 


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1 to meet the traditional, cultural, and socio2 economic needs of the shareholders of Sealaska; 

3 and 

4 (B) make it difficult for Sealaska to se5 lect— 

6 (i) places of sacred, cultural, tradi7 tional, and historical significance; 

8 (ii) sites with traditional and recre9 ation use value and sites suitable for re10 newable energy development; and 

11 (iii) lands that meet the real economic 

12 needs of the shareholders of Sealaska; 

13 (15) unless Sealaska is allowed to select land 

14 outside designated withdrawal areas in southeast 

15 Alaska, Sealaska will not be able to— 

16 (A) complete the land entitlement selec17 tions of Sealaska under the Alaska Native 

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

19 in a manner that meets the cultural, social, and 

20 economic needs of Native shareholders; 

21 (B) avoid land selections in watersheds 

22 that are the exclusive drinking water supply for 

23 regional communities, support world class salm24 on streams, have been identified as important 

25 habitat, or would otherwise be managed by the 


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1 Forest Service as roadless and old growth forest 

2 reserves; 

3 (C) secure ownership of places of sacred, 

4 cultural, traditional, and historical importance 

5 to the Alaska Natives of southeast Alaska; and 

6 (D) continue to support forestry jobs and 

7 economic opportunities for Alaska Natives and 

8 other residents of rural southeast Alaska; 

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

10 Alaska exceeds the statewide rate of unemployment 

11 on a non-seasonally adjusted basis; 

12 (B) in November 2012, the Alaska Department 

13 of Labor and Workforce Development reported the 

14 unemployment rate for the Prince of Wales—Hyder 

15 census area at approximately 12.1 percent; 

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

17 Labor and Workforce Development projected popu18 lation losses between 1996 and 2030 for the Prince 

19 of Wales—Outer Ketchikan census area at 56.6 per20 cent; 

21 (D) official unemployment rates severely under22 report the actual level of regional unemployment, 

23 particularly in Native villages; and 


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1 (E) additional job losses will exacerbate out2 migration from Native and non-Native communities 

3 in southeast Alaska; 

4 (17) Sealaska has played, and is expected to 

5 continue to play, a significant role in the health of 

6 the southeast Alaska economy; 

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

8 compared to other Regional Corporations (less than 

9 1 percent of the total quantity of land allocated pur10 suant to the Alaska Native Claims Settlement Act 

11 (43 U.S.C. 1601 et seq.)), Sealaska has— 

12 (A) provided considerable benefits to Alas13 ka Native shareholders; 

14 (B) supported hundreds of jobs for Alaska 

15 Native shareholders and non-shareholders in 

16 southeast Alaska for more than 30 years; and 

17 (C) been a significant economic force in 

18 southeast Alaska; 

19 (19) pursuant to the revenue sharing provisions 

20 of section 7(i) of the Alaska Native Claims Settle21 ment Act (43 U.S.C. 1606(i)), Sealaska has distrib22 uted more than $300,000,000 during the period be23 ginning on January 1, 1971, and ending on Decem24 ber 31, 2005, to Native Corporations throughout the 

25 State of Alaska from the development of natural reVerDate Mar 15 2010 05:04 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H740.IH H740

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1 sources, which accounts for 42 percent of the total 

2 revenues shared under that section during that pe3 riod; 

4 (20) resource development operations main5 tained by Sealaska— 

6 (A) support hundreds of jobs in the south7 east Alaska region; 

8 (B) make timber available to local and do9 mestic sawmills and other wood products busi10 nesses such as guitar manufacturers; 

11 (C) support firewood programs for local 

12 communities; 

13 (D) support maintenance of roads utilized 

14 by local communities for subsistence and recre15 ation uses; 

16 (E) support development of new biomass 

17 energy opportunities in southeast Alaska, re18 ducing dependence on high-cost diesel fuel for 

19 the generation of energy; 

20 (F) provide start-up capital for innovative 

21 business models in southeast Alaska that create 

22 new opportunities for non-timber economic de23 velopment in the region, including support for 

24 renewable biomass initiatives, Alaska Native ar25 tisans, and rural mariculture farming; and 


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1 (G) support Native education and cultural 

2 and language preservation activities; 

3 (21) if the resource development operations of 

4 Sealaska cease on land appropriate for those oper5 ations, there will be a significant negative impact 

6 on— 

7 (A) southeast Alaska Native shareholders; 

8 (B) the cultural preservation activities of 

9 Sealaska; 

10 (C) the economy of southeast Alaska; and 

11 (D) the Alaska Native community that 

12 benefits from the revenue-sharing requirements 

13 under the Alaska Native Claims Settlement Act 

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

15 (22) it is critical that the remaining land enti16 tlement conveyances to Sealaska under the Alaska 

17 Native Claims Settlement Act (43 U.S.C. 1601 et 

18 seq.) are fulfilled to continue to meet the economic, 

19 social, and cultural needs of the Alaska Native 

20 shareholders of southeast Alaska and the Alaska Na21 tive community throughout Alaska; 

22 (23) in order to realize cultural preservation 

23 goals while also diversifying economic opportunities, 

24 Sealaska should be authorized to select and receive 

25 conveyance of— 


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1 (A) sacred, cultural, traditional, and his2 toric sites and other places of traditional and 

3 cultural significance, to facilitate the perpetua4 tion and preservation of Alaska Native culture 

5 and history; 

6 (B) other sites with traditional and recre7 ation use value and sites suitable for renewable 

8 energy development to facilitate appropriate 

9 tourism and outdoor recreation enterprises and 

10 renewable energy development for rural south11 east Alaska communities; and 

12 (C) lands that are suitable economically 

13 and environmentally for natural resource devel14 opment; 

15 (24) on completion of the conveyances of land 

16 to Sealaska to fulfill the full land entitlement of 

17 Sealaska under the Alaska Native Claims Settlement 

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

19 327,000 acres of Federal land created by the with20 drawal of land for selection by Native Corporations 

21 in southeast Alaska should be removed, which will 

22 facilitate thorough and complete planning and effi23 cient management relating to national forest land in 

24 southeast Alaska by the Forest Service; 


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1 (25) although the Tribal Forest Protection Act 

2 (25 U.S.C. 3101 note; Public Law 108–278) defines 

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

4 under section 4 of the Indian Self-Determination 

5 and Education Assistance Act (25 U.S.C. 450b), a 

6 term which includes ‘‘any Alaska Native village or 

7 regional or village corporation as defined in or estab8 lished pursuant to the Alaska Native Claims Settle9 ment Act . . .’’, the Tribal Forest Protection Act 

10 does not define the term ‘‘Indian forest land or 

11 rangeland’’ to include lands owned by Alaska Native 

12 Corporations, including Sealaska, which are the pri13 mary Indian forest land owners in Alaska, and 

14 therefore, the Tribal Forest Protection Act should be 

15 amended in a manner that will— 

16 (A) permit Native Corporations, including 

17 Sealaska, as Indian forest land owners in Alas18 ka, to work with the Secretary of Agriculture 

19 under the Tribal Forest Protection Act to ad20 dress forest fire and insect infestation issues, 

21 including the spread of the spruce bark beetle 

22 in southeast and southcentral Alaska, which 

23 threaten the health of the Native forestlands; 

24 and 


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1 (B) ensure that Native Corporations, in2 cluding Sealaska, can participate in programs 

3 administered by the Secretary of Agriculture 

4 under the Tribal Forest Protection Act without 

5 including Native Corporations under the defini6 tion in that Act of ‘‘Indian forest land or range7 land’’ or otherwise amending that Act in a 

8 manner that validates, invalidates, or otherwise 

9 affects any claim regarding the existence of In10 dian country in the State of Alaska; and 

11 (26) although the National Historic Preserva12 tion Act (16 U.S.C. 470 et seq.) defines the term 

13 ‘‘Indian tribe’’ to include any ‘‘Native village, Re14 gional Corporation or Village Corporation, as those 

15 terms are defined in section 3 of the Alaska Native 

16 Claims Settlement Act’’, the National Historic Pres17 ervation Act does not define the term ‘‘Tribal lands’’ 

18 to include lands owned by Alaska Native Corpora19 tions, thereby excluding from the National Historic 

20 Preservation Act cemetery sites and historical places 

21 transferred to Native Corporations, including 

22 Sealaska, pursuant to the Alaska Native Claims Set23 tlement Act, and therefore, the National Historic 

24 Preservation Act should be amended in a manner 

25 that will— 


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1 (A) permit Native Corporations, including 

2 Sealaska, as owners of Indian cemetery sites 

3 and historical places in Alaska, to work with 

4 the Secretary of the Interior under the National 

5 Historic Preservation Act to secure grants and 

6 other support to manage their own historic sites 

7 and programs pursuant to that Act; and 

8 (B) ensure that Native Corporations, in9 cluding Sealaska, can participate in programs 

10 administered by the Secretary of the Interior 

11 under the National Historic Preservation Act 

12 without including Native Corporations under 

13 the definition in that Act of ‘‘Tribal lands’’ or 

14 otherwise amending that Act in a manner that 

15 validates, invalidates, or otherwise affects any 

16 claim regarding the existence of Indian country 

17 in the State of Alaska. 

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

19 the inequitable treatment of Sealaska by allowing Sealaska 

20 to select the remaining land entitlement of Sealaska under 

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

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

23 Alaska located outside the 10 southeast Alaska Native vil24 lage withdrawal areas in a manner that meets the cultural, 

25 social, and economic needs of Alaska Native shareholders, 


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1 including the need to maintain jobs supported by Sealaska 

2 in rural southeast Alaska communities. 

3 SEC. 4. FINALIZATION OF ENTITLEMENT. 

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

5 the date of enactment of this Act, the Secretary receives 

6 a corporate resolution adopted by the board of directors 

7 of Sealaska agreeing to accept the conveyance of land de8 scribed in subsection (b) in accordance with this Act as 

9 full and final satisfaction of the remaining land entitle10 ment of Sealaska under section 14(h) of the Alaska Native 

11 Claims Settlement Act (43 U.S.C. 1613(h)), the Secretary 

12 shall— 

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

14 (2) charge the entitlement pool under section 

15 14(h)(8) of the Alaska Native Claims Settlement Act 

16 (43 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the 

17 number of acres deducted under subsection (b)(2), 

18 in fulfillment of the remaining land entitlement for 

19 Sealaska under that Act, notwithstanding whether 

20 the surveyed acreage of the 25 parcels of land gen21 erally depicted on the maps as ‘‘Sealaska Selections’’ 

22 and patented under section 5 is less than or more 

23 than 69,235 acres, reduced by the number of acres 

24 deducted under subsection (b)(2). 

25 (b) FINAL ENTITLEMENT.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the land described in subsection (a) shall 

3 consist of— 

4 (A) the 25 parcels of Federal land com5 prising approximately 69,235 acres that is gen6 erally depicted as ‘‘Sealaska Selections’’ on the 

7 maps; and 

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

9 Federal land for cemetery sites and historical 

10 places comprised of parcels that are applied for 

11 in accordance with section 6. 

12 (2) DEDUCTION.— 

13 (A) IN GENERAL.—The Secretary shall de14 duct from the number of acres of Federal land 

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

16 acres of Federal land for which the Secretary 

17 has issued a conveyance during the period be18 ginning on August 1, 2012, and ending on the 

19 date of receipt of the resolution under sub20 section (a). 

21 (B) AGREEMENT.—The Secretary, the Sec22 retary of Agriculture, and Sealaska shall nego23 tiate in good faith to make a mutually agree24 able adjustment to the parcel of Federal land 

25 generally depicted on the maps entitled 


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1 ‘‘Sealaska Land Entitlement Finalization’’, 

2 numbered 1 of 25, and dated January 22, 

3 2013, to implement the deduction of acres re4 quired by subparagraph (A). 

5 (c) EFFECT OF ACCEPTANCE.—The resolution filed 

6 by Sealaska in accordance with subsection (a) shall— 

7 (1) be final and irrevocable; and 

8 (2) without any further administrative action by 

9 the Secretary, result in— 

10 (A) the relinquishment of all existing selec11 tions made by Sealaska under subsection 

12 14(h)(8) of the Alaska Native Claims Settle13 ment Act (43 U.S.C. 1613(h)(8)); and 

14 (B) the termination of all withdrawals by 

15 section 16 of the Alaska Native Claims Settle16 ment Act (43 U.S.C. 1615), except to the ex17 tent a selection by a Village Corporation under 

18 subsections (b) and (d) of section 16 of the 

19 Alaska Native Claims Settlement Act (43 

20 U.S.C. 1615) remains pending, until the date 

21 on which those selections are resolved. 

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

23 the resolution in accordance with subsection (a)— 

24 (1) the provisions of this Act shall cease to be 

25 effective; and 


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1 (2) the Secretary shall, not later than 27 

2 months after the date of enactment of this Act, com3 plete the interim conveyance of the remaining land 

4 entitlement to Sealaska under section 14(h)(8) of 

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

6 1613(h)(8)) from prioritized selections on file with 

7 the Secretary on the date of enactment of this Act. 

8 (e) SCOPE OF LAW.—Except as provided in sub9 sections (d) and (f), this Act provides the exclusive author10 ity under which the remaining land entitlement of 

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

12 Settlement Act (43 U.S.C. 1613(h)) may be fulfilled. 

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

14 that is— 

15 (1) the subject of an application under sub16 section (h)(1) of section 14 of the Alaska Native 

17 Claims Settlement Act (43 U.S.C. 1613) that is 

18 pending on the date of enactment of this Act; and 

19 (2) conveyed in accordance with that sub20 section. 

21 SEC. 5. CONVEYANCES TO SEALASKA. 

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

23 rights, subsections (c), (d), and (e), section 4(b), and sec24 tion 7(a), the Secretary shall complete the interim convey25 ance of the 25 parcels of Federal land comprising approxiVerDate Mar 15 2010 05:04 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H740.IH H740

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1 mately 69,235 acres generally depicted on the maps by 

2 the date that is 60 days after the date of receipt of the 

3 resolution under section 4(a), subject to the Secretary 

4 identifying and reserving, by the date that is 2 years after 

5 the date of enactment of this Act, any easement that could 

6 have been reserved in accordance with this Act prior to 

7 the interim conveyance. 

8 (b) WITHDRAWAL.— 

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

10 rights, the Federal land described in subsection (a) 

11 is withdrawn from— 

12 (A) all forms of appropriation under the 

13 public land laws; 

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

15 mining laws; 

16 (C) disposition under laws relating to min17 eral or geothermal leasing; and 

18 (D) selection under the Act of July 7, 

19 1958 (commonly known as the ‘‘Alaska State20 hood Act’’) (48 U.S.C. note prec. 21; Public 

21 Law 85–508). 

22 (2) TERMINATION.—The withdrawal under 

23 paragraph (1) shall remain in effect until— 

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

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


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1 90 days after the date of enactment of this Act; 

2 or 

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

4 conveyed under subsection (a). 

5 (c) TREATMENT OF LAND CONVEYED.—Except as 

6 otherwise provided in this Act, any land conveyed to 

7 Sealaska under subsection (a) shall be— 

8 (1) considered to be land conveyed by the Sec9 retary under section 14(h)(8) of the Alaska Native 

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

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

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

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

14 1613(h)(8)), including section 907(d) of the Alaska 

15 National Interest Lands Conservation Act (43 

16 U.S.C. 1636(d)). 

17 (d) EASEMENTS.— 

18 (1) PUBLIC EASEMENTS.—The deeds of convey19 ance for the land under subsection (a) shall be sub20 ject to the reservation of public easements under 

21 section 17(b) of the Alaska Native Claims Settle22 ment Act (43 U.S.C. 1616(b)). 

23 (2) RESEARCH EASEMENT.—In the deed of con24 veyance for the land generally depicted on the map 

25 entitled ‘‘Sealaska Land Entitlement Finalization’’, 


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

2 Secretary shall reserve an easement— 

3 (A) to access and continue Forest Service 

4 research activities on the study plots located on 

5 the land; and 

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

7 year period beginning on the date of enactment 

8 of this Act. 

9 (3) KOSCUISKO ISLAND ROAD EASEMENT.— 

10 (A) IN GENERAL.—The deeds of convey11 ance for the land on Koscuisko Island under 

12 subsection (a) shall grant to Sealaska an ease13 ment providing access to and use by Sealaska 

14 of the log transfer facility at Shipley Bay on 

15 Koscuisko Island, subject to— 

16 (i) the agreement under subparagraph 

17 (C); and 

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

19 (B) SCOPE OF THE EASEMENT.—The ease20 ment under subparagraph (A) shall enable 

21 Sealaska— 

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

23 road connecting the Forest Service Road 

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

25 Service Road known as ‘‘South Shipley 


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1 Bay Road’’ within the corridor depicted on 

2 the map entitled ‘‘Sealaska Land Entitle3 ment Finalization’’, numbered 3 of 25, and 

4 dated January 22, 2013; 

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

6 reconstruct the Forest Service Road known 

7 as ‘‘South Shipley Bay Road’’ referred to 

8 in clause (i) to access the log transfer facil9 ity at Shipley Bay; and 

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

11 log transfer and sort yard facility at Ship12 ley Bay that is within the area depicted on 

13 the map entitled ‘‘Sealaska Land Entitle14 ment Finalization’’, numbered 3 of 25 and 

15 dated January 22, 2013. 

16 (C) ROADS AND FACILITIES USE AGREE17 MENT.—In addition to the agreement under 

18 section 7(b), the Secretary and Sealaska shall 

19 enter into an agreement relating to the access, 

20 use, maintenance, and improvement of the 

21 roads and facilities under this paragraph. 

22 (D) DETERMINATION OF LOCATION; LEGAL

23 DESCRIPTION.—Sealaska shall— 

24 (i) in consultation with the Secretary, 

25 determine the location within the corridor 


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1 of the centerline of the road described in 

2 subparagraph (B)(i); and 

3 (ii) provide to the Secretary a legal 

4 description of the centerline acceptable for 

5 granting the easement described in sub6 paragraph (B)(i). 

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

8 (1) IN GENERAL.—Any land conveyed under 

9 subsection (a) that is located outside a withdrawal 

10 area designated under section 16(a) of the Alaska 

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

12 shall remain open and available to subsistence uses, 

13 as that term is defined in section 803 of the Alaska 

14 National Interest Lands Conservation Act (16 

15 U.S.C. 3113), and noncommercial recreational hunt16 ing and fishing and other recreational uses by the 

17 public under applicable law— 

18 (A) without liability on the part of 

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

20 a result of the use; and 

21 (B) subject to— 

22 (i) any reasonable restrictions that 

23 may be imposed by Sealaska on the public 

24 use— 

25 (I) to ensure public safety; 


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1 (II) to minimize conflicts between 

2 recreational and commercial uses; 

3 (III) to protect cultural re4 sources; 

5 (IV) to conduct scientific re6 search; or 

7 (V) to provide environmental pro8 tection; and 

9 (ii) the condition that Sealaska post 

10 on any applicable property, in accordance 

11 with State law, notices of the restrictions 

12 on use. 

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

14 or entity under paragraph (1) shall not— 

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

16 the land conveyed under subsection (a); or 

17 (B) provide standing to any third party in 

18 any review of, or challenge to, any determina19 tion by Sealaska with respect to the manage20 ment or development of the land conveyed 

21 under subsection (a). 

22 SEC. 6. CEMETERY SITES AND HISTORICAL PLACES. 

23 (a) IN GENERAL.—Notwithstanding section 

24 14(h)(1)(E) of the Alaska Native Claims Settlement Act 

25 (43 U.S.C. 1613(h)(1)(E)), Sealaska may submit applicaVerDate Mar 15 2010 05:04 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H740.IH H740

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

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

3 1613(h)(1)(A)) of not more than 127 cemetery sites and 

4 historical places— 

5 (1) that are listed in the document entitled 

6 ‘‘Sealaska Cemetery Sites and Historical Places’’ 

7 and dated January 18, 2013; 

8 (2) that are cemetery sites and historical places 

9 included in the report by Wilsey and Ham, Inc., en10 titled ‘‘1975 Native Cemetery and Historic Sites of 

11 Southeast Alaska (Preliminary Report)’’ and dated 

12 October 1975; and 

13 (3) for which Sealaska has not previously sub14 mitted an application. 

15 (b) PROCEDURE FOR EVALUATING APPLICATIONS.— 

16 Except as otherwise provided in this section, the Secretary 

17 shall consider all applications submitted under this section 

18 in accordance with the criteria and procedures set forth 

19 in applicable regulations in effect as of the date of enact20 ment of this Act. 

21 (c) CONVEYANCE.—The Secretary may convey ceme22 tery sites and historical places under this section that re23 sult in the conveyance of a total of approximately 840 

24 acres of Federal land comprised of parcels that are— 


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

2 and 

3 (2) subject to— 

4 (A) valid existing rights; 

5 (B) the public access provisions of sub6 section (f); 

7 (C) the condition that the conveyance of 

8 land for the site listed under subsection (a)(1) 

9 as ‘‘Bay of Pillars Portage’’ is limited to 25 

10 acres in T.60 S., R.72 E., Sec. 28, Copper 

11 River Meridian; and 

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

13 of the cemetery sites and historical places shall 

14 be consistent with the management plans for 

15 adjacent public land, if the management plans 

16 are more restrictive than the laws (including 

17 regulations) applicable under subsection (g). 

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

19 or historical place may be submitted under subsection (a) 

20 after the date that is 2 years after the date of enactment 

21 of this Act. 

22 (e) SELECTION OF ADDITIONAL CEMETERY SITES.— 

23 If Sealaska submits timely applications to the Secretary 

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


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

2 any of those applications in whole or in part— 

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

4 which the Secretary completes the conveyance of eli5 gible cemetery sites and historical places applied for 

6 under subsection (a), Sealaska may submit applica7 tions for the conveyance under section 14(h)(1)(A) 

8 of the Alaska Native Claims Settlement Act (43 

9 U.S.C. 1613(h)(1)(A)) of additional cemetery sites, 

10 the total acreage of which, together with the ceme11 tery sites and historical places previously conveyed 

12 by the Secretary under subsection (c), shall not ex13 ceed 840 acres; and 

14 (2) the Secretary shall— 

15 (A) consider any applications for the con16 veyance of additional cemetery sites in accord17 ance with subsection (b); and 

18 (B) if the applications are approved, pro19 vide for the conveyance of the sites in accord20 ance with subsection (c). 

21 (f) PUBLIC ACCESS.— 

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

23 any land conveyed under this section shall be subject 

24 to— 


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1 (A) the reservation of public easements 

2 under section 17(b) of the Alaska Native 

3 Claims Settlement Act (43 U.S.C. 1616(b)); 

4 and 

5 (B) public access across the conveyed land 

6 in cases in which no reasonable alternative ac7 cess around the land is available, without liabil8 ity to Sealaska, except for willful acts, to any 

9 user by reason of the use. 

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

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

12 subject to— 

13 (A) any reasonable restrictions that may 

14 be imposed by Sealaska on the public access 

15 and use— 

16 (i) to ensure public safety; 

17 (ii) to protect and conduct research on 

18 the historic, archaeological, and cultural 

19 resources of the conveyed land; or 

20 (iii) to provide environmental protec21 tion; 

22 (B) the condition that Sealaska post on 

23 any applicable property, in accordance with 

24 State law, notices of the restrictions on the 

25 public access and use; and 


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1 (C) the condition that the public access 

2 and use shall not be incompatible with or in 

3 derogation of the values of the area as a ceme4 tery site or historical place, as provided in sec5 tion 2653.11 of title 43, Code of Federal Regu6 lations (or a successor regulation). 

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

8 or entity by paragraph (1) shall not— 

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

10 the land conveyed under this section; or 

11 (B) provide standing to any third party in 

12 any review of, or challenge to, any determina13 tion by Sealaska with respect to the manage14 ment or development of the land conveyed 

15 under this section. 

16 (g) TREATMENT OF LAND CONVEYED.—Except as 

17 otherwise provided in this Act, any land conveyed to 

18 Sealaska under this section shall be— 

19 (1) considered land conveyed by the Secretary 

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

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

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

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

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

25 1613(h)(1)), including section 907(d) of the Alaska 


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1 National Interest Lands Conservation Act (43 

2 U.S.C. 1636(d)). 

3 SEC. 7. MISCELLANEOUS. 

4 (a) SPECIAL USE AUTHORIZATIONS.— 

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

6 to Sealaska under section 5(a)— 

7 (A) any guiding or outfitting special use 

8 authorization issued by the Forest Service for 

9 the use of the conveyed land shall terminate; 

10 and 

11 (B) as a condition of the conveyance and 

12 consistent with section 14(g) of the Alaska Na13 tive Claims Settlement Act (43 U.S.C. 

14 1613(g)), Sealaska shall allow the holder of the 

15 special use authorization terminated under sub16 paragraph (A) to continue the authorized use, 

17 subject to the terms and conditions that were in 

18 the special use authorization issued by the For19 est Service, for— 

20 (i) the remainder of the term of the 

21 authorization; and 

22 (ii) 1 additional consecutive 10-year 

23 renewal period. 

24 (2) NOTICE OF COMMERCIAL ACTIVITIES.— 

25 Sealaska and any holder of a guiding or outfitting 


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1 authorization under this subsection shall have a mu2 tual obligation, subject to the guiding or outfitting 

3 authorization, to inform the other party of any com4 mercial activities prior to engaging in the activities 

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

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

7 this subsection precludes Sealaska and the holder of 

8 a guiding or outfitting authorization from negoti9 ating a new mutually agreeable guiding or outfitting 

10 authorization. 

11 (4) LIABILITY.—Neither Sealaska nor the 

12 United States shall bear any liability, except for will13 ful acts of Sealaska or the United States, regarding 

14 the use and occupancy of any land conveyed to 

15 Sealaska under this Act, as provided in any outfit16 ting or guiding authorization under this subsection. 

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

18 after the date of enactment of this Act, the Secretary of 

19 Agriculture and Sealaska shall negotiate in good faith to 

20 develop a binding agreement— 

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

22 and related transportation facilities by Sealaska; and 

23 (2) the use of Sealaska roads and related trans24 portation facilities by the Forest Service. 


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1 (c) TRADITIONAL TRADE AND MIGRATION ROUTE

2 DESIGNATIONS.— 

3 (1) DESIGNATIONS.— 

4 (A) THE INSIDE PASSAGE.—The route 

5 from Yakutat to Dry Bay, as generally depicted 

6 on the map entitled ‘‘Traditional Trade and Mi7 gration Route, Neix naax aan na ́x—The Inside 

8 Passage’’ and dated October 17, 2012, is des9 ignated as ‘‘Neix naax aan na ́x’’ (‘‘The Inside 

10 Passage’’). 

11 (B) CANOE ROAD.—The route from the 

12 Bay of Pillars to Port Camden, as generally de13 picted on the map entitled ‘‘Traditional Trade 

14 and Migration Route, Yakwdeiyı ́—Canoe Road’’ 

15 and dated October 17, 2012, is designated as 

16 ‘‘Yakwdeiyı ́’’ (‘‘Canoe Road’’). 

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

18 Portage Bay to Duncan Canal, as generally de19 picted on the map entitled ‘‘Traditional Trade 

20 and Migration Route, Lingı ́t Deiyı ́—The Peo21 ple’s Road’’ and dated October 17, 2012, is 

22 designated ‘‘Lingı ́t Deiyı ́’’ (‘‘The People’s 

23 Road’’). 

24 (2) ACCESS TO TRADITIONAL TRADE AND MI25 GRATION ROUTES.—The culturally and historically 


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1 significant trade and migration routes designated by 

2 paragraph (1) shall be open to travel by Sealaska 

3 and the public in accordance with applicable law, 

4 subject to such terms, conditions, and special use 

5 authorizations as the Secretary of Agriculture may 

6 require. 

7 (d) TECHNICAL CORRECTIONS.— 

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

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

10 3115a, is amended by adding a new subsection (h): 

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

12 pursuant to the Alaska Native Claims Settlement Act (43 

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

14 a forest cover or vegetative cover that is capable of res15 toration shall be eligible for agreements and contracts au16 thorized under this Act and administered by the Secretary. 

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

18 or otherwise affects any claim regarding the existence of 

19 Indian country (as defined in section 1151 of title 18, 

20 United States Code) in the State of Alaska.’’. 

21 (2) NATIONAL HISTORIC PRESERVATION.—Sec22 tion 101(d) of the National Historic Preservation 

23 Act, 16 U.S.C. 470a(d), is amended by adding a new 

24 paragraph (7): 


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1 ‘‘(7)(A) Notwithstanding any other provision of 

2 law, an Alaska Native tribe, band, nation or other 

3 organized group or community, including a Native 

4 village, Regional Corporation, or Village Corpora5 tion, shall be eligible to participate in all programs 

6 administered by the Secretary under this Act on be7 half of Indian tribes, including, but not limited to, 

8 securing grants and other support to manage their 

9 own historic preservation sites and programs on 

10 lands held by the Alaska Native tribe, band, nation 

11 or other organized group or community, including a 

12 Native village, Regional Corporation, or Village Cor13 poration. 

14 ‘‘(B) Nothing in this paragraph validates, in15 validates, or otherwise affects any claim regarding 

16 the existence of Indian country (as defined in section 

17 1151 of title 18, United States Code) in the State 

18 of Alaska.’’. 

19 (e) EFFECT ON OTHER LAWS.— 

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

21 the duty of the Secretary to convey land to— 

22 (A) the State under the Act of July 7, 

23 1958 (commonly known as the ‘‘Alaska State24 hood Act’’) (48 U.S.C. note prec. 21; Public 

25 Law 85–508); or 


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1 (B) a Native Corporation under— 

2 (i) the Alaska Native Claims Settle3 ment Act (43 U.S.C. 1601 et seq.); or 

4 (ii) the Alaska Land Transfer Accel5 eration Act (43 U.S.C. 1611 note; Public 

6 Law 108–452). 

7 (2) CONVEYANCES.—The Secretary shall 

8 promptly proceed with the conveyance of all land 

9 necessary to fulfill the final entitlement of all Native 

10 Corporations in accordance with— 

11 (A) the Alaska Native Claims Settlement 

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

13 (B) the Alaska Land Transfer Acceleration 

14 Act (43 U.S.C. 1611 note; Public Law 108– 

15 452). 

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

17 in accordance with section 4(a)— 

18 (1) the escrow requirements of section 2 of 

19 Public Law 94–204 (43 U.S.C. 1613 note) shall 

20 apply to proceeds (including interest) derived from 

21 the land withdrawn under section 5(b) from the date 

22 of receipt of the resolution; and 

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

24 (including interest) held pursuant to the escrow re25 quirements of section 2 of Public Law 94–204 (43 


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1 U.S.C. 1613 note) that were derived from land origi2 nally withdrawn for selection by section 16 of the 

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

4 1615), but not conveyed. 

5 (g) MAPS.— 

6 (1) AVAILABILITY.—Each map referred to in 

7 this Act shall be available in the appropriate offices 

8 of the Secretary and the Secretary of Agriculture. 

9 (2) CORRECTIONS.—The Secretary of Agri10 culture may make any necessary correction to a cler11 ical or typographical error in a map referred to in 

12 this Act. 

Æ 


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