II 

112TH CONGRESS 

1ST SESSION S. 730 

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

Claims Settlement Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5, 2011 

Ms. MURKOWSKI (for herself and Mr. BEGICH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and 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) CONSERVATION SYSTEM UNIT.—The term 

2 ‘‘conservation system unit’’ has the meaning given 

3 the term in section 102 of the Alaska National In4 terest Lands Conservation Act (16 U.S.C. 3102). 

5 (2) LAND USE DESIGNATION II.—The term 

6 ‘‘Land Use Designation II’’ has the meaning de7 scribed in title V of the Alaska National Interest 

8 Lands Conservation Act (16 U.S.C. 539 et seq.), as 

9 further amended by section 201 of the Tongass Tim10 ber Reform Act of 1990 (Public Law 101–626). 

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

12 the Sealaska Corporation, a Regional Native Cor13 poration created under the Alaska Native Claims 

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

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

16 the Secretary of the Interior. 

17 SEC. 3. SELECTIONS IN SOUTHEAST ALASKA. 

18 (a) SELECTION BY SEALASKA.— 

19 (1) IN GENERAL.—Notwithstanding section 

20 14(h)(8) of the Alaska Native Claims Settlement Act 

21 (43 U.S.C. 1613(h)(8)), Sealaska is authorized to 

22 select and receive conveyance of the remaining land 

23 entitlement of Sealaska under that Act (43 U.S.C. 

24 1601 et seq.) from Federal land located in southeast 


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1 Alaska from each category described in subsections 

2 (b) and (c). 

3 (2) TREATMENT OF LAND CONVEYED.—Land 

4 conveyed pursuant to this Act is to be treated as 

5 land conveyed pursuant to the Alaska Native Claims 

6 Settlement Act (43 U.S.C. 1601 et seq.) subject to, 

7 but not limited to— 

8 (A) reservation of public easements across 

9 land pursuant to section 17(b) of the Alaska 

10 Native Claims Settlement Act (43 U.S.C. 

11 1616(b)); 

12 (B) valid existing rights pursuant to sec13 tion 14(g) of the Alaska Native Claims Settle14 ment Act (43 U.S.C. 1613(g)); and 

15 (C) the land bank protections of section 

16 907(d) of the Alaska National Interest Lands 

17 Conservation Act (43 U.S.C. 1636(d)). 

18 (b) WITHDRAWAL OF LAND.—The following public 

19 land is withdrawn, subject to valid existing rights, from 

20 all forms of appropriation under public land laws, includ21 ing the mining and mineral leasing laws, and from selec22 tion under the Act of July 7, 1958 (commonly known as 

23 the ‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21; 

24 Public Law 85–508), and shall be available for selection 

25 by, and conveyance to, Sealaska to complete the remaining 


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1 land entitlement of Sealaska under section 14(h)(8) of the 

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

3 1613(h)(8)): 

4 (1) Land identified on the maps dated Feb5 ruary 1, 2011, and labeled ‘‘Attachment A (Maps 1 

6 through 8)’’. 

7 (2) Sites with traditional, recreational, and re8 newable energy use value, as identified on the map 

9 entitled ‘‘Sites with Traditional, Recreational, and 

10 Renewable Energy Use Value’’, dated February 1, 

11 2011, and labeled ‘‘Attachment D’’, subject to the 

12 condition that not more than 5,000 acres shall be se13 lected for those purposes. 

14 (3) Sites identified on the map entitled ‘‘Tradi15 tional and Customary Trade and Migration Routes’’, 

16 dated February 1, 2011, and labeled ‘‘Attachment 

17 C’’, which includes an identification of— 

18 (A) a conveyance of land 25 feet in width, 

19 together with 1-acre sites at each terminus and 

20 at 8 locations along the route, with the route, 

21 location, and boundaries of the conveyance de22 scribed on the map inset entitled ‘‘Yakutat to 

23 Dry Bay Trade and Migration Route’’ on the 

24 map entitled ‘‘Traditional and Customary 


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1 Trade and Migration Routes’’, dated February 

2 1, 2011, and labeled ‘‘Attachment C’’; 

3 (B) a conveyance of land 25 feet in width, 

4 together with 1-acre sites at each terminus, 

5 with the route, location, and boundaries of the 

6 conveyance described on the map inset entitled 

7 ‘‘Bay of Pillars to Port Camden Trade and Mi8 gration Route’’ on the map entitled ‘‘Tradi9 tional and Customary Trade and Migration 

10 Routes’’, dated February 1, 2011, and labeled 

11 ‘‘Attachment C’’; and 

12 (C) a conveyance of land 25 feet in width, 

13 together with 1-acre sites at each terminus, 

14 with the route, location, and boundaries of the 

15 conveyance described on the map inset entitled 

16 ‘‘Portage Bay to Duncan Canal Trade and Mi17 gration Route’’ on the map entitled ‘‘Tradi18 tional and Customary Trade and Migration 

19 Routes’’, dated February 1, 2011, and labeled 

20 ‘‘Attachment C’’. 

21 (c) SITES WITH SACRED, CULTURAL, TRADITIONAL, 

22 OR HISTORIC SIGNIFICANCE.—Subject to the criteria and 

23 procedures applicable to land selected pursuant to section 

24 14(h)(1) of the Alaska Native Claims Settlement Act (43 

25 U.S.C. 1613(h)(1)) and set forth in the regulations proVerDate Mar 15 2010 01:00 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S730.IS S730

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1 mulgated at section 2653.5 of title 43, Code of Federal 

2 Regulations (as in effect on the date of enactment of this 

3 Act), except as otherwise provided in this Act— 

4 (1) Sealaska shall have a right to identify up to 

5 3,600 acres of sites with sacred, cultural, traditional, 

6 or historic significance, including archeological sites, 

7 cultural landscapes, and natural features having cul8 tural significance; and 

9 (2) on identification of the land by Sealaska 

10 under paragraph (1), the identified land shall be— 

11 (A) withdrawn, subject to valid existing 

12 rights, from all forms of appropriation under 

13 public land laws, including the mining and min14 eral leasing laws, and from selection under the 

15 Act of July 7, 1958 (commonly known as the 

16 ‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 

17 21; Public Law 85–508); and 

18 (B) available for selection by, and convey19 ance to, Sealaska to complete the remaining 

20 land entitlement of Sealaska under section 

21 14(h)(8) of the Alaska Native Claims Settle22 ment Act (43 U.S.C. 1613(h)(8)), subject to 

23 the conditions that— 

24 (i) no sites with sacred, cultural, tra25 ditional, or historic significance may be seVerDate Mar 15 2010 01:00 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S730.IS S730

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1 lected from within a unit of the National 

2 Park System; and 

3 (ii) beginning on the date that is 15 

4 years after the date of enactment of this 

5 Act, Sealaska shall be limited to identi6 fying not more than 360 acres of sites with 

7 sacred, cultural, traditional, or historic sig8 nificance under this subsection. 

9 (d) FOREST DEVELOPMENT ROADS.—Sealaska shall 

10 receive from the United States, subject to such reasonable 

11 terms and conditions as the Forest Service may impose, 

12 nonexclusive easements to Sealaska to allow— 

13 (1) access on the forest development road and 

14 use of the log transfer site identified in paragraphs 

15 (3)(b), (3)(c), and (3)(d) of the patent numbered 

16 50–85–0112 and dated January 4, 1985; 

17 (2) access on the forest development road iden18 tified in paragraphs (2)(a) and (2)(b) of the patent 

19 numbered 50–92–0203 and dated February 24, 

20 1992; 

21 (3) access on the forest development road iden22 tified in paragraph (2)(a) of the patent numbered 

23 50–94–0046 and dated December 17, 1993; 

24 (4) access on the forest development roads and 

25 use of the log transfer facilities identified on the 


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1 maps dated February 1, 2011, and labeled ‘‘Attach2 ment A (Maps 1 through 8)’’; 

3 (5) a reservation of a right to construct a new 

4 road to connect to existing forest development roads, 

5 as generally identified on the maps described in 

6 paragraph (4); and 

7 (6) access to, and reservation of a right to, con8 struct a new log transfer facility and log storage 

9 area at the location identified on the maps described 

10 in paragraph (4). 

11 SEC. 4. CONVEYANCES TO SEALASKA. 

12 (a) TIMELINE FOR CONVEYANCE.— 

13 (1) IN GENERAL.—Subject to paragraphs (2), 

14 (3), and (4), the Secretary shall work with Sealaska 

15 to develop a mutually agreeable schedule to complete 

16 the conveyance of land to Sealaska under this Act. 

17 (2) FINAL PRIORITIES.—Consistent with the 

18 provisions of section 403 of the Alaska Land Trans19 fer Acceleration Act (43 U.S.C. 1611 note; Public 

20 Law 108–452), not later than 18 months after the 

21 date of enactment of this Act, Sealaska shall submit 

22 to the Secretary the final, irrevocable priorities for 

23 selection of land withdrawn under section 3(b)(1). 

24 (3) SUBSTANTIAL COMPLETION REQUIRED.— 

25 Not later than 2 years after the date of selection by 


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1 Sealaska of land withdrawn under section 3(b)(1), 

2 the Secretary shall substantially complete the con3 veyance of the land to Sealaska under this Act. 

4 (4) EFFECT.—Nothing in this Act shall inter5 fere with, or cause any delay in, the duty of the Sec6 retary to convey land to the State of Alaska under 

7 section 6 of the Act of July 7, 1958 (commonly 

8 known as the ‘‘Alaska Statehood Act’’) (48 U.S.C. 

9 note prec. 21; Public Law 85–508). 

10 (b) EXPIRATION OF WITHDRAWALS.—On completion 

11 of the selection by Sealaska and the conveyances to 

12 Sealaska of land under subsection (a) in a manner that 

13 is sufficient to fulfill the land entitlement of Sealaska 

14 under section 14(h)(8) of the Alaska Native Claims Settle15 ment Act (43 U.S.C. 1613(h)(8))— 

16 (1) the right of Sealaska to receive any land 

17 under section 14(h)(8) of that Act from within a 

18 withdrawal area established under subsections (a) 

19 and (d) of section 16 of that Act (43 U.S.C. 1615(a) 

20 and 1615(d)) shall be terminated; 

21 (2) the withdrawal areas set aside for selection 

22 by Native Corporations in southeast Alaska under 

23 subsections (a) and (d) of section 16 of that Act (43 

24 U.S.C. 1615(a) and 1615(d)) shall be rescinded; and 


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1 (3) land located within a withdrawal area that 

2 is not conveyed to Sealaska or to a southeast Alaska 

3 Village Corporation or Urban Corporation shall be 

4 returned to the unencumbered management of the 

5 Forest Service as part of the Tongass National For6 est. 

7 (c) LIMITATION.—Sealaska shall not select or receive 

8 under this Act any conveyance of land pursuant to para9 graph (1) or (2) of section 3(b) located within any con10 servation system unit. 

11 (d) APPLICABLE EASEMENTS AND PUBLIC AC12 CESS.— 

13 (1) IN GENERAL.—The conveyance to Sealaska 

14 of land withdrawn pursuant to paragraphs (1) and 

15 (3) of section 3(b) that is located outside a with16 drawal area designated under section 16(a) of the 

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

18 1615(a)) shall be subject to— 

19 (A) a reservation for easements for public 

20 access on the public roads depicted on the maps 

21 dated February 1, 2011, and labeled ‘‘Attach22 ment A (Maps 1 through 8)’’; 

23 (B) a reservation for easements along the 

24 temporary roads designated by the Forest Serv25 ice as of the date of enactment of this Act for 


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1 the public access trails depicted on the maps 

2 described in subparagraph (A); 

3 (C) the right of noncommercial public ac4 cess for subsistence uses, consistent with title 

5 VIII of the Alaska National Interest Lands 

6 Conservation Act (16 U.S.C. 3111 et seq.), and 

7 recreational access, without liability to 

8 Sealaska, subject to— 

9 (i) the right of Sealaska to regulate 

10 access granted under this subparagraph to 

11 ensure public safety, to protect cultural or 

12 scientific resources, and to provide environ13 mental protection; and 

14 (ii) the condition that Sealaska shall 

15 post on any applicable property, in accord16 ance with State law, notices of the condi17 tions on use; and 

18 (D) the requirement that, with respect to 

19 the land conveyed to the corporation pursuant 

20 to section 3(b)(1), Sealaska shall continue to 

21 manage the land in accordance with the State 

22 of Alaska Forest Resources and Practices Act, 

23 Alaska Stat. 41.17, except that, for a period of 

24 5 years beginning on the date of enactment of 

25 this Act, Alaska Stat. 41.17.116(1) shall apply 


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1 to the harvest of timber within 100 feet of a 

2 water body defined in Alaska Stat. 

3 41.17.950(31). 

4 (2) SACRED, CULTURAL, TRADITIONAL AND

5 HISTORIC SITES.—The conveyance to Sealaska of 

6 land withdrawn pursuant to section 3(c) that is lo7 cated outside of a withdrawal area designated under 

8 section 16(a) of the Alaska Native Claims Settle9 ment Act (43 U.S.C. 1615(a)) shall be subject to— 

10 (A) the right of public access across the 

11 conveyances where no reasonable alternative ac12 cess around the land is available without liabil13 ity to Sealaska; and 

14 (B) the right of Sealaska to regulate ac15 cess granted under this paragraph across the 

16 conveyances to ensure public safety, to protect 

17 cultural or scientific resources, to provide envi18 ronmental protection, or to prohibit activities 

19 incompatible with the use and enjoyment of the 

20 land by Sealaska, subject to the condition that 

21 Sealaska shall post on any applicable property, 

22 in accordance with State law, notices of the 

23 conditions on use. 

24 (3) TRADITIONAL AND CUSTOMARY TRADE AND

25 MIGRATION ROUTES.—The conveyance to Sealaska 


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1 of land withdrawn pursuant to section 3(b)(3) that 

2 is located outside of a withdrawal area designated 

3 under section 16(a) of the Alaska Native Claims 

4 Settlement Act (43 U.S.C. 1615(a)) shall be subject 

5 to a requirement that Sealaska provide public access 

6 across the conveyances if an adjacent landowner or 

7 the public has a legal right to use the adjacent pri8 vate or public land. 

9 (4) SITES WITH TRADITIONAL, RECREATIONAL, 

10 AND RENEWABLE ENERGY USE VALUE.—The con11 veyance to Sealaska of land withdrawn pursuant to 

12 section 3(b)(2) that is located outside of a with13 drawal area designated under section 16(a) of the 

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

15 1615(a)) shall be subject to— 

16 (A) the right of public access across the 

17 land without liability to Sealaska; and 

18 (B) the condition that public access across 

19 the land would not be unreasonably restricted 

20 or impaired. 

21 (5) EFFECT.—No right of access provided to 

22 any individual or entity (other than Sealaska) by 

23 this subsection— 

24 (A) creates any interest, other than an in25 terest retained by the United States, of such an 


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1 individual or entity in the land conveyed to 

2 Sealaska in excess of that right of access; or 

3 (B) provides standing in any review of, or 

4 challenge to, any determination by Sealaska 

5 with respect to the management or development 

6 of the applicable land. 

7 (e) CONDITIONS ON SACRED, CULTURAL, TRADI8 TIONAL, AND HISTORIC SITES AND TRADITIONAL AND

9 CUSTOMARY TRADE AND MIGRATION ROUTES.—The con10 veyance to Sealaska of land withdrawn pursuant to sec11 tions 3(b)(3) and 3(c)— 

12 (1) shall be subject to a covenant prohibiting 

13 any commercial timber harvest or mineral develop14 ment on the land; 

15 (2) shall be subject to a covenant allowing use 

16 of the land only as described in subsection (f); and 

17 (3) shall not be subject to any additional re18 strictive covenant based on cultural or historic val19 ues, or any other restriction, encumbrance, or ease20 ment, except as provided in sections 14(g) and 17(b) 

21 of the Alaska Native Claims Settlement Act (43 

22 U.S.C. 1613(g), 1616(b)). 

23 (f) USES OF SACRED, CULTURAL, TRADITIONAL, 

24 AND HISTORIC SITES AND TRADITIONAL AND CUSTOMARY

25 TRADE AND MIGRATION ROUTES.—Any land conveyed to 


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1 Sealaska from land withdrawn pursuant to sections 

2 3(b)(3) and 3(c) may be used for— 

3 (1) preservation of cultural knowledge and tra4 ditions associated with the site; 

5 (2) historical, cultural, and scientific research 

6 and education; 

7 (3) public interpretation and education regard8 ing the cultural significance of the site to Alaska 

9 Natives; 

10 (4) protection and management of the site to 

11 preserve the natural and cultural features of the 

12 site, including cultural traditions, values, songs, sto13 ries, names, crests, and clan usage, for the benefit 

14 of future generations; and 

15 (5) site improvement activities for any purpose 

16 described in paragraphs (1) through (4), subject to 

17 the condition that the activities— 

18 (A) are consistent with the sacred, cul19 tural, traditional, or historic nature of the site; 

20 and 

21 (B) are not inconsistent with the manage22 ment plans for adjacent public land. 

23 (g) TERMINATION OF RESTRICTIVE COVENANTS.— 

24 (1) IN GENERAL.—Each restrictive covenant re25 garding cultural or historical values with respect to 


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1 any interim conveyance or patent for a historic or 

2 cemetery site issued to Sealaska pursuant to the 

3 Federal regulations contained in sections 2653.5(a) 

4 and 2653.11 of title 43, Code of Federal Regula5 tions (as in effect on the date of enactment of this 

6 Act), in accordance with section 14(h)(1) of the 

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

8 1613(h)(1)), terminates as a matter of law on the 

9 date of enactment of this Act. 

10 (2) REMAINING CONDITIONS.—Land subject to 

11 a covenant described in paragraph (1) on the day 

12 before the date of enactment of this Act shall be 

13 subject to the conditions described in subsection (e). 

14 (3) RECORDS.—Sealaska shall be responsible 

15 for recording with the land title recorders office of 

16 the State of Alaska any modification to an existing 

17 conveyance of land under section 14(h)(1) of the 

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

19 1613(h)(1)) as a result of this Act. 

20 (h) CONDITIONS ON SITES WITH TRADITIONAL, 

21 RECREATIONAL, AND RENEWABLE ENERGY USE

22 VALUE.—Each conveyance of land to Sealaska from land 

23 withdrawn pursuant to section 3(b)(2) shall be subject 

24 to— 


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1 (1) a covenant prohibiting any commercial tim2 ber harvest or mineral development; and 

3 (2) the conveyance of the site identified as Peg4 matite Mountain Geothermal #53 on the map la5 beled ‘‘Attachment D’’ and dated February 1, 2011, 

6 shall be subject to a covenant prohibiting commercial 

7 development of the site for a period of 15 years be8 ginning on the date of enactment of this Act, pro9 vided that Sealaska shall have a right to engage in 

10 site evaluation and analysis during the period. 

11 (i) ESCROW FUNDS FOR WITHDRAWN LAND.—On 

12 the withdrawal by this Act of land identified for selection 

13 by Sealaska, the escrow requirements of section 2 of Pub14 lic Law 94–204 (43 U.S.C. 1613 note), shall thereafter 

15 apply to the withdrawn land. 

16 (j) GUIDING AND OUTFITTING SPECIAL USE PER17 MITS OR AUTHORIZATIONS.— 

18 (1) IN GENERAL.—Consistent with the provi19 sions of section 14(g) of the Alaska Native Claims 

20 Settlement Act (43 U.S.C. 1613(g)), on land con21 veyed to Sealaska from land withdrawn pursuant to 

22 sections 3(b)(1) and 3(b)(2), an existing holder of a 

23 guiding or outfitting special use permit or authoriza24 tion issued by the Forest Service shall be entitled to 

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1 ing term of the permit, as of the date of conveyance 

2 to Sealaska, and for 1 subsequent 10-year renewal 

3 of the permit, subject to the condition that the 

4 rights shall be considered a valid existing right re5 served pursuant to section 14(g) of the Alaska Na6 tive Claims Settlement Act (43 U.S.C. 1613(g)), and 

7 shall be managed accordingly. 

8 (2) NOTICE OF COMMERCIAL ACTIVITIES.— 

9 Sealaska, with respect to the holder of a guiding or 

10 outfitting special use permit or authorization under 

11 this subsection, and a permit holder referenced in 

12 this subsection, with respect to Sealaska, shall have 

13 an obligation to inform the other party of their re14 spective commercial activities before engaging in the 

15 activities on land, which has been conveyed to 

16 Sealaska under this Act, subject to the permit or au17 thorization. 

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

19 this subsection precludes Sealaska and a permit 

20 holder under this subsection from negotiating new 

21 mutually agreeable permit terms that supersede the 

22 requirements of— 

23 (A) this subsection; 

24 (B) section 14(g) of the Alaska Native 

25 Claims Settlement Act (43 U.S.C. 1613(g)); or 


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1 (C) any deed covenant. 

2 (4) LIABILITY.—Sealaska shall bear no liability 

3 regarding use and occupancy pursuant to special use 

4 permits or authorizations on land selected or con5 veyed pursuant to this Act. 

6 SEC. 5. MISCELLANEOUS. 

7 (a) STATUS OF CONVEYED LAND.—Each conveyance 

8 of Federal land to Sealaska pursuant to this Act, and each 

9 Federal action carried out to achieve the purpose of this 

10 Act, shall be considered to be conveyed or acted on, as 

11 applicable, pursuant to the Alaska Native Claims Settle12 ment Act (43 U.S.C. 1601 et seq.). 

13 (b) ENVIRONMENTAL MITIGATION AND INCEN14 TIVES.—Notwithstanding subsection (e) and (h) of section 

15 4, all land conveyed to Sealaska pursuant to the Alaska 

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

17 and this Act shall be considered to be qualified to receive 

18 or participate in, as applicable— 

19 (1) any federally authorized carbon sequestra20 tion program, ecological services program, or envi21 ronmental mitigation credit; and 

22 (2) any other federally authorized environ23 mental incentive credit or program. 

24 (c) NO MATERIAL EFFECT ON FOREST PLAN.— 


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1 (1) IN GENERAL.—Except as required by para2 graph (2) and the amendment made by section 6, 

3 implementation of this Act, including the conveyance 

4 of land to Sealaska, alone or in combination with 

5 any other factor, shall not require an amendment of, 

6 or revision to, the Tongass National Forest Land 

7 and Resources Management Plan before the first re8 vision of that Plan scheduled to occur after the date 

9 of enactment of this Act. 

10 (2) BOUNDARY ADJUSTMENTS.—The Secretary 

11 of Agriculture shall implement any land ownership 

12 boundary adjustments to the Tongass National For13 est Land and Resources Management Plan resulting 

14 from the implementation of this Act through a tech15 nical amendment to that Plan. 

16 (d) EFFECT ON ENTITLEMENT.—Nothing in this Act 

17 shall have any effect upon the entitlement due to any Na18 tive Corporation, other than Sealaska, under— 

19 (1) the Alaska Native Claims Settlement Act 

20 (43 U.S.C. 1601 et seq.); or 

21 (2) the Alaska National Interest Lands Con22 servation Act (16 U.S.C. 3101 et seq.). 


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1 SEC. 6. CONSERVATION AREAS. 

2 (a) IN GENERAL.—Section 508 of the Alaska Na3 tional Interest Lands Conservation Act (Public Law 96– 

4 487; 94 Stat. 2381, 104 Stat. 4428) is amended— 

5 (1) in the matter preceding paragraph (1), by 

6 striking ‘‘The following lands are hereby’’ and in7 serting the following: 

8 ‘‘(a) IN GENERAL.—The following land is’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(13) CONSERVATION AREAS.—Subject to valid 

11 existing rights, certain land for conservation pur12 poses, comprising approximately 151,565 acres, as 

13 depicted on the map entitled ‘‘Conservation Areas’’, 

14 dated February 1, 2011, and labeled ‘‘Attachment 

15 E’’, which is more particularly described as follows: 

16 ‘‘(A) BAY OF PILLARS.—Certain land, 

17 comprising approximately 21,146.5 acres, lo18 cated on the southern shore of the Bay in For19 est Service Value Comparison Unit 4030. 

20 ‘‘(B) KUSHNEAHIN CREEK.—Certain land, 

21 comprising approximately 36,703 acres, located 

22 on southwestern Kupreanof Island in the Forest 

23 Service Value Comparison Units 4300 and 

24 4310. 

25 ‘‘(C) SARKAR LAKES.—Certain land, com26 prising approximately 25,403.7 acres, located 


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1 on Prince of Wales Island in Forest Service 

2 Value Comparison Unit 5541. 

3 ‘‘(D) WESTERN KOSCUISKO.—Certain 

4 land, comprising approximately 7,416.5 acres, 

5 located on Koscuisko Island in Forest Service 

6 Value Comparison Units 5410, 5430, and 5440. 

7 ‘‘(E) HONKER DIVIDE.—Certain land, 

8 comprising approximately 15,586.2 acres, lo9 cated on Prince of Wales Island in Forest Serv10 ice Value Comparison Units 5740, 5750, 5760, 

11 5780, and 5971. 

12 ‘‘(F) EEK LAKE AND SUKKWAN ISLAND.— 

13 Certain land, comprising approximately 

14 34,644.1 acres, located in Forest Service Value 

15 Comparison Units 6320, 6700, 6710 and 6720. 

16 ‘‘(G) EASTERN KOSCUISKO.—Certain karst 

17 land, comprising approximately 1,663 acres, lo18 cated on Koscuisko Island in Forest Service 

19 Value Comparison Units 5430 and 5460. 

20 ‘‘(H) NORTHERN PRINCE OF WALES.— 

21 Certain karst land, comprising approximately 

22 10,888 acres, located in Forest Service Value 

23 Comparison Units 5280, 5290, 5311, 5313, 

24 5330, 5360, and 5371. 

25 ‘‘(b) MANAGEMENT OF CONSERVATION AREAS.— 


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

2 the conservation areas designated by subsection 

3 (a)(13) shall be allocated to Land Use Designation 

4 II status (as defined in section 2 of the Southeast 

5 Alaska Native Land Entitlement Finalization and 

6 Jobs Protection Act) and shall be managed by the 

7 Secretary of Agriculture to protect subsistence ac8 tivities and unique biological and geological re9 sources and to prohibit commercial timber harvests 

10 or new road construction, in accordance with man11 agement guidelines developed under the Tongass 

12 National Forest Land and Resource Management 

13 Plan. 

14 ‘‘(2) REQUIREMENTS.—In managing the areas 

15 designated by subsection (a)(13)— 

16 ‘‘(A) the Forest Service shall protect the 

17 traditional and cultural use, biological and geo18 logical value, and, where applicable, the roadless 

19 character of the areas; 

20 ‘‘(B) industrial logging and associated road 

21 building shall be prohibited; 

22 ‘‘(C) timber micro-sales in accessible areas 

23 shall be allowed; 


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•S 730 IS

1 ‘‘(D) restoration projects in young-growth 

2 stands and salmon streams shall be encouraged 

3 for meeting integrated resource objectives; 

4 ‘‘(E) subsistence enhancement and low im5 pact recreation and tourism development 

6 projects shall be encouraged; 

7 ‘‘(F) sustainable, community-scaled eco8 nomic development of forest and marine re9 sources shall be allowed, including issuance of 

10 special use permits for non-timber forest prod11 ucts gathering, mariculture development, and 

12 transportation and energy development; and 

13 ‘‘(G) existing and future Transportation 

14 and Utility Systems shall be permitted in des15 ignated Transportation and Utility System Cor16 ridors under the Tongass National Forest Land 

17 and Resource Management Plan. 

18 ‘‘(c) LIMITATION.—The establishment of the con19 servation areas by subsection (a)(13) shall not be used by 

20 the Secretary of Agriculture or a designee of the Secretary 

21 of Agriculture as a basis for any administrative manage22 ment decisions to establish by administrative action any 

23 buffers, withdrawals, land-use designations, road closures, 

24 or other similar actions on any land, value comparison 

25 units, or adjacent land-use designations.’’. 


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•S 730 IS

1 SEC. 7. MAPS. 

2 (a) AVAILABILITY.—Each map referred to in this Act 

3 shall be maintained on file in— 

4 (1) the office of the Chief of the Forest Service; 

5 and 

6 (2) the office of the Secretary. 

7 (b) CORRECTIONS.—The Secretary or the Chief of 

8 the Forest Service may make any necessary correction to 

9 a clerical or typographical error in a map referred to in 

10 this Act. 

11 (c) TREATMENT.—No map referred to in this Act 

12 shall be considered to be an attempt by the Federal Gov13 ernment to convey any State or private land. 

14 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated such sums 

16 as are necessary to carry out this Act and the amendments 

17 made by this Act. 

Æ 


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