II

105TH CONGRESS

1ST SESSION S. 1159

To amend the Alaska Native Claims Settlement Act, regarding the Kake

Tribal Corporation public interest land exchange.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 10, 1997

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

referred to the Committee on Energy and Natural Resources

A BILL

To amend the Alaska Native Claims Settlement Act, regarding the Kake Tribal Corporation public interest land

exchange.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Kake Tribal Corpora5 tion Land Exchange Act’’.

6 SEC. 2. AMENDMENT OF SETTLEMENT ACT.

7 The Alaska Native Claims Settlement Act (Public

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

9 1601 et seq.), as amended, is further amended by adding

10 at the end thereof:
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S 1159 IS

1 ‘‘SEC. KAKE TRIBAL CORPORATION LAND EXCHANGE.

2 ‘‘(a) GENERAL.—To provide Kake Tribal Corpora3 tion with land suitable for development, to acknowledge

4 the corporation’s return to public ownership land needed

5 as municipal watershed area, and to promote the public

6 interest, the Secretary shall convey to the corporation ap7 proximately 2,427 acres of Federal land as described in

8 subsection (c).

9 ‘‘(b) TITLE TO SURFACE AND SUBSURFACE.—Sub10 ject to valid existing rights and easements, the Secretary

11 shall, no later than the deadline specified in (c)(2) of this

12 section, convey to Kake Tribal Corporation title to the sur13 face estate in the land described in subsection (c)(2) and

14 convey to Sealaska Corporation title to the subsurface es15 tate in that land.

16 ‘‘(c) DESCRIPTION AND DEADLINES.—The land to be

17 conveyed under this section is in the Copper River Merid18 ian and is further described as follows:

19 (1) the municipal watershed land to be con20 veyed by Kake Tribal Corporation to the United

21 States no later that 90 days after the effective date

22 of this section is shown on the map dated

23 and labeled Attachment A, and is de24 scribed as follows:
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S 1159 IS

MUNICIPAL WATERSHED

T56S, R72E

Section Approximate acres

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

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

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

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

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

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

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

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

Approximate total .............................................................................. 2,427

1 and

2 ‘‘(2) the approximate 2,427 acres of land to be

3 conveyed to Kake Tribal Corporation is land in the

4 Hamilton Bay and Saginaw Bay areas and shall be

5 conveyed within 90 days after the conveyance of

6 lands in subsection (c)(1); this land is depicted on

7 the maps dated and labeled Attach8 ments B and C.

9 ‘‘(d) MANAGEMENT OF WATERSHED.—The United

10 States Forest Service shall enter into a Memorandum of

11 Agreement with the City of Kake, Alaska, to provide for

12 management of the municipal watershed.

13 ‘‘(e) TIMBER MANUFACTURING; EXPORT RESTRIC14 TION.—Notwithstanding any other provision of law, tim15 ber harvested from land conveyed to Kake Tribal Corpora16 tion under this Act is not available for export as unproc17 essed logs from Alaska, nor may Kake Tribal Corporation

18 sell, trade, exchange, substitute, or otherwise convey that

19 timber to any person for the purpose of exporting that
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S 1159 IS

1 timber from the State of Alaska. The land exchange valu2 ation shall be in accordance with section 22(f).

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

4 land conveyed to Kake Tribal Corporation and Sealaska

5 Corporation under this section shall be for all purposes,

6 considered land conveyed under the Alaska Native Claims

7 Settlement Act.

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

9 shall be maintained on file in the Office of the Chief, Unit10 ed States Forest Service, and in the Office of the Sec11 retary of the Interior, Washington, DC. The acreage cited

12 in this section is approximate, and if a discrepancy arises

13 between cited acreage and the land depicted on the speci14 fied maps the maps shall control. The maps do not con15 stitute an attempt by the United States to convey State

16 or private land.’’

Æ