II 

110TH CONGRESS 

2D SESSION S. 3651 

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 

SEPTEMBER 29 (legislative day, SEPTEMBER 17), 2008 

Ms. MURKOWSKI (for herself, Mr. STEVENS, Mr. AKAKA, and Mr. INOUYE) 

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 Act’’. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

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

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


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

2 Alaska Natives to land historically used by Alaska 

3 Natives for traditional, cultural, and spiritual pur4 poses; and 

5 (B) that Act declared that the land settlement 

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

7 conformity with the real economic and social needs 

8 of Natives’’; 

9 (2) the Alaska Native Claims Settlement Act 

10 (43 U.S.C. 1601 et seq.)— 

11 (A) authorized the distribution of approxi12 mately $1,000,000,000 and 44,000,000 acres of 

13 land to Alaska Natives; and 

14 (B) provided for the establishment of Na15 tive Corporations to receive and manage the 

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

17 and economic needs of Native shareholders; 

18 (3) under section 12 of the Alaska Native 

19 Claims Settlement Act (43 U.S.C. 1611), each Re20 gional Corporation, other than Sealaska Corporation 

21 (the Regional Corporation for southeast Alaska) (re22 ferred to in this Act as ‘‘Sealaska’’), was authorized 

23 to receive a share of land based on the proportion 

24 that the number of Alaska Native shareholders re25 siding in the region of the Regional Corporation bore 


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1 to the total number of Alaska Native shareholders, 

2 or the relative size of the area to which the Regional 

3 Corporation had an aboriginal land claim bore to the 

4 size of the area to which all Regional Corporations 

5 had aboriginal land claims; 

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

7 Southeast Alaska, 1 of the Regional Corporations 

8 with the largest number of Alaska Native share9 holders, with more than 21 percent of all original 

10 Alaska Native shareholders, did not receive land 

11 under section 12 of the Alaska Native Claims Settle12 ment Act (43 U.S.C. 1611); 

13 (B) the Tlingit and Haida Indian Tribes of 

14 Alaska was 1 of the entities representing the Alaska 

15 Natives of southeast Alaska before the date of enact16 ment of the Alaska Native Claims Settlement Act 

17 (43 U.S.C. 1601 et seq.); and 

18 (C) Sealaska did not receive land in proportion 

19 to the number of Alaska Native shareholders, or in 

20 proportion to the size of the area to which Sealaska 

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

22 United States Court of Claims cash settlement to 

23 the Tlingit and Haida Indian Tribes of Alaska in 

24 1968 for land previously taken to create the Tongass 


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1 National Forest and Glacier Bay National Monu2 ment; 

3 (5) the Court of Claims cash settlement of 

4 $7,500,000 did not— 

5 (A) adequately compensate the Alaska Na6 tives of southeast Alaska for the significant 

7 quantity of land and resources lost as a result 

8 of the creation of the Tongass National Forest 

9 and Glacier Bay National Monument or other 

10 losses of land and resources; or 

11 (B) justify the significant disparate treat12 ment of Sealaska under the Alaska Native 

13 Claims Settlement Act (43 U.S.C. 1611); 

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

15 received a significant quantity of land under sections 

16 12 and 14 of the Alaska Native Claims Settlement 

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

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

19 1613(h)), which provided a 2,000,000-acre land pool 

20 from which Alaska Native selections could be made 

21 for historic sites, cemetery sites, Urban Corporation 

22 land, Native group land, and Native Allotments; 

23 (B) under section 14(h)(8) of that Act (43 

24 U.S.C. 1613(h)(8)), after selections are made under 

25 paragraphs (1) through (7) of that section, the land 


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1 remaining in the 2,000,000-acre land pool is allo2 cated based on the proportion that the original Alas3 ka Native shareholder population of a Regional Cor4 poration bore to the original Alaska Native share5 holder population of all Regional Corporations; and 

6 (C) the only land entitlement of Sealaska de7 rives from a proportion of leftover land remaining 

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

9 the date of enactment of this Act at approximately 

10 1,700,000 acres; 

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

12 compared to other Regional Corporations (less than 

13 1 percent of the total quantity of land allocated pur14 suant to the Alaska Native Claims Settlement Act 

15 (43 U.S.C. 1601 et seq.)), Sealaska has— 

16 (A) provided considerable benefits to 

17 shareholders; and 

18 (B) been a significant economic force in 

19 southeast Alaska; 

20 (8) pursuant to the revenue sharing provisions 

21 of section 7(i) of the Alaska Native Claims Settle22 ment Act (43 U.S.C. 1606(i)), Sealaska has distrib23 uted more than $300,000,000 during the period be24 ginning on January 1, 1971, and ending on Decem25 ber 31, 2005, to Native Corporations throughout the 


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1 State of Alaska from the development of natural re2 sources, which accounts for 42 percent of the total 

3 revenues shared under that section during that pe4 riod; 

5 (9) as a result of the small land entitlement of 

6 Sealaska, it is critical that the remaining land enti7 tlement conveyances to Sealaska under the Alaska 

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

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

10 social, and cultural needs of the Alaska Native 

11 shareholders of southeast Alaska and the Alaska Na12 tive community throughout Alaska; 

13 (10)(A) the conveyance requirements of the 

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

15 1601 et seq.) for southeast Alaska limit the land eli16 gible for conveyance to Sealaska to the original with17 drawal areas surrounding 10 Alaska Native villages 

18 in southeast Alaska, which precludes Sealaska from 

19 selecting land located— 

20 (i) in any withdrawal area established for 

21 the Urban Corporations for Sitka and Juneau, 

22 Alaska; or 

23 (ii) outside the 10 Alaska Native village 

24 withdrawal areas; and 


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1 (B) unlike other Regional Corporations, 

2 Sealaska was not authorized to request land located 

3 outside the withdrawal areas described in subpara4 graph (A) if the withdrawal areas were insufficient 

5 to complete the land entitlement of Sealaska under 

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

7 1601 et seq.); 

8 (11) 44 percent (820,000 acres) of the 10 Alas9 ka Native village withdrawal areas established under 

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

11 1601 et seq.) described in paragraph (10) are com12 posed of salt water and not available for selection; 

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

14 Sealaska, 110,000 acres are encumbered by guber15 natorial consent requirements under the Alaska Na16 tive Claims Settlement Act (43 U.S.C. 1601 et seq.); 

17 (13) the Forest Service and the Bureau of 

18 Land Management grossly underestimated the land 

19 entitlement of Sealaska under the Alaska Native 

20 Claims Settlement Act (43 U.S.C. 1601 et seq.), re21 sulting in an insufficient area from which Sealaska 

22 could select land suitable for traditional, cultural, 

23 and socioeconomic purposes to accomplish a settle24 ment ‘‘in conformity with the real economic and so25 cial needs of Natives’’, as required under that Act; 


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1 (14) the 10 Alaska Native village withdrawal 

2 areas in southeast Alaska surround the Alaska Na3 tive communities of Yakutat, Hoonah, Angoon, 

4 Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, 

5 and Saxman; 

6 (15) in each withdrawal area, there exist factors 

7 that limit the ability of Sealaska to select sufficient 

8 land, and, in particular, economically viable land, to 

9 fulfill the land entitlement of Sealaska, including 

10 factors such as— 

11 (A) with respect to the Yakutat withdrawal 

12 area— 

13 (i) 46 percent of the area is salt 

14 water; 

15 (ii) 10 sections (6,400 acres) around 

16 the Situk Lake were restricted from selec17 tion, with no consideration provided for the 

18 restriction; and 

19 (iii)(I) 70,000 acres are subject to a 

20 gubernatorial consent requirement before 

21 selection; and 

22 (II) Sealaska received no consider23 ation with respect to the consent restric24 tion; 


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1 (B) with respect to the Hoonah withdrawal 

2 area, 51 percent of the area is salt water; 

3 (C) with respect to the Angoon withdrawal 

4 area— 

5 (i) 120,000 acres of the area is salt 

6 water; 

7 (ii) Sealaska received no consideration 

8 regarding the prohibition on selecting land 

9 from the 80,000 acres located within the 

10 Admiralty Island National Monument; and 

11 (iii)(I) the Village Corporation for 

12 Angoon was allowed to select land located 

13 outside the withdrawal area on Prince of 

14 Wales Island, subject to the condition that 

15 the Village Corporation shall not select 

16 land located on Admiralty Island; but 

17 (II) no alternative land adjacent to 

18 the out-of-withdrawal land of the Village 

19 Corporation was made available for selec20 tion by Sealaska; 

21 (D) with respect to the Kake withdrawal 

22 area— 

23 (i) 64 percent of the area is salt 

24 water; and 


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1 (ii) extensive timber harvesting by the 

2 Forest Service occurred in the area before 

3 1971 that significantly reduced the value 

4 of land available for selection by, and con5 veyance to, Sealaska; 

6 (E) with respect to the Kasaan withdrawal 

7 area— 

8 (i) 54 percent of the area is salt 

9 water; and 

10 (ii) the Forest Service previously har11 vested in the area; 

12 (F) with respect to the Klawock with13 drawal area— 

14 (i) the area consists of only 5 town15 ships, as compared to the usual withdrawal 

16 area of 9 townships, because of the prox17 imity of the Klawock withdrawal area to 

18 the Village of Craig, which reduces the se19 lection area by 92,160 acres; and 

20 (ii) the Klawock and Craig withdrawal 

21 areas are 35 percent salt water; 

22 (G) with respect to the Craig withdrawal 

23 area, the withdrawal area consists of only 6 

24 townships, as compared to the usual withdrawal 

25 area of 9 townships, because of the proximity of 


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1 the Craig withdrawal area to the Village of 

2 Klawock, which reduces the selection area by 

3 69,120 acres; 

4 (H) with respect to the Hydaburg with5 drawal area— 

6 (i) 36 percent of the area is salt 

7 water; and 

8 (ii) Sealaska received no consideration 

9 under the Haida Land Exchange Act of 

10 1986 (Public Law No. 99–664; 100 Stat. 

11 4303) for relinquishing selection rights to 

12 land within the withdrawal area that the 

13 Haida Corporation exchanged to the For14 est Service; 

15 (I) with respect to the Klukwan withdrawal 

16 area— 

17 (i) 27 percent of the area is salt 

18 water; and 

19 (ii) the withdrawal area is only 70,000 

20 acres, as compared to the usual withdrawal 

21 area of 207,360 acres, which reduces the 

22 selection area by 137,360 acres; and 

23 (J) with respect to the Saxman withdrawal 

24 area— 


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1 (i) 29 percent of the area is salt 

2 water; 

3 (ii) Sealaska received no consideration 

4 for the 50,576 acres within the withdrawal 

5 area adjacent to the first-class city of 

6 Ketchikan that were excluded from selec7 tion; 

8 (iii) Sealaska received no consider9 ation with respect to the 1977 amendment 

10 to the Alaska Native Claims Settlement 

11 Act (43 U.S.C. 1601 et seq.) requiring gu12 bernatorial consent for selection of 58,000 

13 acres in that area; and 

14 (iv) 23,888 acres are located within 

15 the Annette Island Indian Reservation for 

16 the Metlakatla Indian Tribe and are not 

17 available for selection; 

18 (16) the selection limitations and guidelines ap19 plicable to Sealaska under the Alaska Native Claims 

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

21 (A) are inequitable and inconsistent with 

22 the purposes of that Act because there is insuf23 ficient land remaining in the withdrawal areas 

24 to meet the traditional, cultural, and socioVerDate Aug 31 2005 03:11 Oct 03, 2008 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3651.IS S3651

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1 economic needs of the shareholders of Sealaska; 

2 and 

3 (B) make it difficult for Sealaska to se4 lect— 

5 (i) places of sacred, cultural, tradi6 tional, and historical significance; and 

7 (ii) Alaska Native futures sites located 

8 outside the withdrawal areas of Sealaska; 

9 (17)(A) the deadline for applications for selec10 tion of cemetery sites and historic places on land 

11 outside withdrawal areas established under section 

12 14 of the Alaska Native Claims Settlement Act (43 

13 U.S.C. 1613) was July 1, 1976; 

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

15 Management notified Sealaska that the total entitle16 ment of Sealaska would be approximately 200,000 

17 acres; and 

18 (ii) Sealaska made entitlement allocation deci19 sions for cultural sites and economic development 

20 sites based on that original estimate; 

21 (C) as a result of the Alaska Land Transfer Ac22 celeration Act (Public Law 108–452; 118 Stat. 

23 3575) and subsequent related determinations and 

24 actions of the Bureau of Land Management, 

25 Sealaska will receive significantly more than 


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1 200,000 acres pursuant to the Alaska Native Claims 

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

3 (D) Sealaska would prefer to allocate more of 

4 the entitlement of Sealaska to the acquisition of 

5 places of sacred, cultural, traditional, and historical 

6 significance; and 

7 (E)(i) pursuant to section 11(a)(1) of the Alas8 ka Native Claims Settlement Act (43 U.S.C. 

9 1610(a)(1)), Sealaska was not authorized to select 

10 under section 14(h)(1) of that Act (43 U.S.C. 

11 1613(h)(1)) any site within Glacier Bay National 

12 Park, despite the abundance of cultural sites within 

13 that Park; and 

14 (ii) Sealaska seeks cooperative agreements to 

15 ensure that sites within Glacier Bay National Park 

16 are subject to cooperative management by Sealaska, 

17 Village and Urban Corporations, and federally recog18 nized tribes with ties to the cultural sites and his19 tory of the Park; 

20 (18)(A) the cemetery sites and historic places 

21 conveyed to Sealaska pursuant to section 14(h)(1) of 

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

23 1613(h)(1)) are subject to a restrictive covenant not 

24 required by law that does not allow any type of man25 agement or use that would in any way alter the hisVerDate Aug 31 2005 03:11 Oct 03, 2008 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3651.IS S3651

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1 toric nature of a site, even for cultural education or 

2 research purposes; 

3 (B) historic sites managed by the Forest Serv4 ice are not subject to the limitations referred to in 

5 subparagraph (A); and 

6 (C) those limitations hinder the ability of 

7 Sealaska to use the sites for cultural, educational, or 

8 research purposes for Alaska Natives and others; 

9 (19) unless Sealaska is allowed to select land 

10 outside designated withdrawal areas in southeast 

11 Alaska, Sealaska will not be able— 

12 (A) to complete the land entitlement selec13 tions of Sealaska under the Alaska Native 

14 Claims Settlement Act (43 U.S.C. 1601 et 

15 seq.); 

16 (B) to secure ownership of places of sa17 cred, cultural, traditional, and historical impor18 tance to the Alaska Natives of Southeast Alas19 ka; 

20 (C) to maintain the existing resource devel21 opment and management operations of 

22 Sealaska; or 

23 (D) to provide continued economic oppor24 tunities for Alaska Natives in southeast Alaska; 


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1 (20) in order to realize cultural preservation 

2 goals while also diversifying economic opportunities, 

3 Sealaska should be authorized to select and receive 

4 conveyance of— 

5 (A) sacred, cultural, traditional, and his6 toric sites and other places of traditional cul7 tural significance, including traditional and cus8 tomary trade and migration routes, to facilitate 

9 the perpetuation and preservation of Alaska 

10 Native culture and history; and 

11 (B) Alaska Native future sites to facilitate 

12 appropriate tourism and outdoor recreation en13 terprises; 

14 (21) Sealaska has played, and is expected to 

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

16 the Southeast Alaska economy; 

17 (22)(A) the rate of unemployment in Southeast 

18 Alaska exceeds the statewide rate of unemployment 

19 on a non-seasonally adjusted basis; and 

20 (B) in January 2008, the Alaska Department 

21 of Labor and Workforce Development reported the 

22 unemployment rate for the Prince of Wales—Outer 

23 Ketchikan census area at 20 percent; 

24 (23) many Southeast Alaska communities— 


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1 (A) are dependent on high-cost diesel fuel 

2 for the generation of energy; and 

3 (B) desire to diversify their energy supplies 

4 with wood biomass alternative fuel and other 

5 renewable and alternative fuel sources; 

6 (24) if the resource development operations of 

7 Sealaska cease on land appropriate for those oper8 ations, there will be a significant negative impact 

9 on— 

10 (A) southeast Alaska Native shareholders; 

11 (B) the cultural preservation activities of 

12 Sealaska; 

13 (C) the economy of southeast Alaska; and 

14 (D) the Alaska Native community that 

15 benefits from the revenue-sharing requirements 

16 under the Alaska Native Claims Settlement Act 

17 (43 U.S.C. 1601 et seq.); and 

18 (25) on completion of the conveyances of land 

19 to Sealaska to fulfill the full land entitlement of 

20 Sealaska under the Alaska Native Claims Settlement 

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

22 327,000 acres of Federal land created by the with23 drawal of land for selection by Native Corporations 

24 in southeast Alaska would be removed, which will fa25 cilitate thorough and complete planning and efficient 


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1 management relating to national forest land in 

2 southeast Alaska by the Forest Service. 

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

4 the inequitable treatment of Sealaska by allowing Sealaska 

5 to select the remaining land entitlement of Sealaska under 

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

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

8 Alaska located outside the 10 southeast Alaska Native vil9 lage withdrawal areas. 

10 SEC. 3. SELECTIONS IN SOUTHEAST ALASKA. 

11 (a) SELECTION BY SEALASKA.— 

12 (1) IN GENERAL.—Notwithstanding section 

13 14(h)(8)(B) of the Alaska Native Claims Settlement 

14 Act (43 U.S.C. 1613(h)(8)(B)), Sealaska is author15 ized to select and receive conveyance of the remain16 ing land entitlement of Sealaska under that Act (43 

17 U.S.C. 1601 et seq.) from Federal land located in 

18 southeast Alaska from each category described in 

19 subsection (b). 

20 (2) NATIONAL PARK SERVICE.—The National 

21 Park Service is authorized to enter into a coopera22 tive management agreement described in subsection 

23 (c)(2) for the purpose, in part, of recognizing and 

24 perpetuating the values of the National Park Serv25 ice, including those values associated with the 


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1 Tlingit homeland and culture, wilderness, and eco2 logical preservation. 

3 (b) CATEGORIES.—The categories referred to in sub4 section (a) are the following: 

5 (1) Economic development land from the area 

6 of land identified on the map entitled ‘‘Sealaska 

7 ANCSA Land Entitlement Rationalization Pool’’, 

8 dated March 6, 2008, and labeled ‘‘Attachment A’’. 

9 (2) Sites with sacred, cultural, traditional, or 

10 historic significance, including traditional and cus11 tomary trade and migration routes, archeological 

12 sites, cultural landscapes, and natural features hav13 ing cultural significance, subject to the condition 

14 that— 

15 (A) not more than 2,400 acres shall be se16 lected for this purpose, from land identified 

17 on— 

18 (i) the map entitled ‘‘Places of Sa19 cred, Cultural, Traditional and Historic 

20 Significance’’, dated March 6, 2008, and 

21 labeled ‘‘Attachment B’’; and 

22 (ii) the map entitled ‘‘Traditional and 

23 Customary Trade and Migration Routes’’, 

24 dated March 6, 2008, and labeled ‘‘AttachVerDate Aug 31 2005 03:11 Oct 03, 2008 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3651.IS S3651

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1 ment C’’, which includes an identification 

2 of— 

3 (I) a conveyance of land 25 feet 

4 in width, together with 1-acre sites at 

5 each terminus and at 8 locations 

6 along the route, with the route, loca7 tion, and boundaries of the convey8 ance described on the map inset enti9 tled ‘‘Yakutat to Dry Bay Trade and 

10 Migration Route’’, dated March 6, 

11 2008, and labeled ‘‘Attachment C’’; 

12 (II) a conveyance of land 25 feet 

13 in width, together with 1-acre sites at 

14 each terminus, with the route, loca15 tion, and boundaries of the convey16 ance described on the map inset enti17 tled ‘‘Bay of Pillars to Port Camden 

18 Trade and Migration Route’’, dated 

19 March 6, 2008, and labeled ‘‘Attach20 ment C’’; and 

21 (III) a conveyance of land 25 feet 

22 in width, together with 1-acre sites at 

23 each terminus, with the route, loca24 tion, and boundaries of the convey25 ance described on the map inset entiVerDate Aug 31 2005 03:11 Oct 03, 2008 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3651.IS S3651

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1 tled ‘‘Portage Bay to Duncan Canal 

2 Trade and Migration Route,’’ dated 

3 March 6, 2008, and labeled ‘‘Attach4 ment C’’; and 

5 (B) an additional 1,200 acres may be used 

6 by Sealaska to acquire places of sacred, cul7 tural, traditional, and historic significance, ar8 cheological sites, traditional, and customary 

9 trade and migration routes, and other sites with 

10 scientific value that advance the understanding 

11 and protection of Alaska Native culture and 

12 heritage that— 

13 (i) as of the date of enactment of this 

14 Act, are not fully identified or adequately 

15 documented for cultural significance; and 

16 (ii) are located outside of a unit of the 

17 National Park Service. 

18 (3) Alaska Native futures sites with traditional 

19 and recreational use value, as identified on the map 

20 entitled ‘‘Native Futures Sites’’, dated March 6, 

21 2008, and labeled ‘‘Attachment D’’, subject to the 

22 condition that not more than 5,000 acres shall be se23 lected for those purposes. 

24 (c) SITES IN CONSERVATION SYSTEM UNITS.— 


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1 (1) IN GENERAL.—No site with sacred, cultural, 

2 traditional, or historic significance that is identified 

3 in the document labeled ‘‘Attachment B’’ and lo4 cated within a unit of the National Park System 

5 shall be conveyed to Sealaska pursuant to this Act. 

6 (2) COOPERATIVE AGREEMENTS.— 

7 (A) IN GENERAL.—The Director of the 

8 National Park Service shall offer to enter into 

9 a cooperative management agreement with 

10 Sealaska, other Village Corporations and Urban 

11 Corporations, and federally recognized Indian 

12 tribes with cultural and historical ties to Glacier 

13 Bay National Park, in accordance with the re14 quirements of subparagraph (B). 

15 (B) REQUIREMENTS.—A cooperative 

16 agreement under this paragraph shall— 

17 (i) recognize the contributions of the 

18 Alaska Natives of Southeast Alaska to the 

19 history, culture, and ecology of Glacier Bay 

20 National Park and the surrounding area; 

21 (ii) ensure that the resources within 

22 the Park are protected and enhanced by 

23 cooperative activities and partnerships 

24 among federally recognized Indian tribes, 

25 Village Corporations and Urban CorporaVerDate Aug 31 2005 03:11 Oct 03, 2008 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3651.IS S3651

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1 tions, Sealaska, and the National Park 

2 Service; 

3 (iii) provide opportunities for a richer 

4 visitor experience at the Park through di5 rect interactions between visitors and Alas6 ka Natives, including guided tours, inter7 pretation, and the establishment of cul8 turally relevant visitor sites; and 

9 (iv) provide appropriate opportunities 

10 for ecologically sustainable visitor-related 

11 education and cultural interpretation with12 in the Park— 

13 (I) in a manner that is not in 

14 derogation of the purposes and values 

15 of the Park (including those values 

16 associated with the Park as a Tlingit 

17 homeland); and 

18 (II) for wilderness and ecological 

19 preservation. 

20 (C) REPORT.—Not later than 2 years after 

21 the date of enactment of this Act, the Director 

22 of the National Park Service shall submit to 

23 Congress a report describing each activity for 

24 cooperative management of each site described 


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1 in subparagraph (A) carried out under a coop2 erative agreement under this paragraph. 

3 SEC. 4. CONVEYANCES TO SEALASKA. 

4 (a) TIMELINE FOR CONVEYANCE.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of selection of land by Sealaska under para7 graphs (1) and (3) of section 3(b), the Secretary of 

8 the Interior (referred to in this Act as the ‘‘Sec9 retary’’) shall complete the conveyance of the land to 

10 Sealaska. 

11 (2) SIGNIFICANT SITES.—Not later than 2 

12 years after the date of selection of land by Sealaska 

13 under section 3(b)(2), the Secretary shall complete 

14 the conveyance of the land to Sealaska. 

15 (b) EXPIRATION OF WITHDRAWALS.—On completion 

16 of the selection by Sealaska and the conveyances to 

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

18 is sufficient to fulfill the land entitlement of Sealaska 

19 under the Alaska Native Claims Settlement Act (43 

20 U.S.C. 1601 et seq.)— 

21 (1) the original withdrawal areas set aside for 

22 selection by Native Corporations in Southeast Alas23 ka under that Act (as in effect on the day before the 

24 date of enactment of this Act) shall be rescinded; 

25 and 


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1 (2) land located within a withdrawal area that 

2 is not conveyed to a southeast Alaska Regional Cor3 poration or Village Corporation shall be returned to 

4 the unencumbered management of the Forest Serv5 ice as a part of the Tongass National Forest. 

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

7 under this Act any conveyance of land pursuant to para8 graph (1) or (3) of section 3(b) located within— 

9 (1) any conservation system unit; 

10 (2) any federally designated wilderness area; or 

11 (3) any land use designation I or II area. 

12 (d) APPLICABLE EASEMENTS AND PUBLIC AC13 CESS.— 

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

15 of land pursuant to section 3(b)(1) that is located 

16 outside a withdrawal area designated under section 

17 16(a) of the Alaska Native Claims Settlement Act 

18 (43 U.S.C. 1615(a)) shall be subject to— 

19 (A) a reservation for easements for public 

20 access on the public roads depicted on the docu21 ment labeled ‘‘Attachment E’’ and dated March 

22 6, 2008; 

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 docu2 ment labeled ‘‘Attachment E’’ and dated March 

3 6, 2008; 

4 (C) any valid preexisting right reserved 

5 pursuant to section 14(g) or 17(b) of the Alas6 ka Native Claims Settlement Act (43 U.S.C. 

7 1613(g), 1616(b)); and 

8 (D)(i) the right of noncommercial public 

9 access for subsistence uses, consistent with title 

10 VIII of the Alaska National Interest Lands 

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

12 recreational access without liability to Sealaska; 

13 and 

14 (ii) the right of Sealaska to regulate access 

15 for public safety, cultural, or scientific pur16 poses, environmental protection, and uses in17 compatible with natural resource development, 

18 subject to the condition that Sealaska shall post 

19 on any applicable property, in accordance with 

20 State law, notices of any such condition. 

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

22 any individual or entity (other than Sealaska) by 

23 this subsection— 


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1 (A) creates any interest of such an indi2 vidual or entity in the land conveyed to 

3 Sealaska in excess of that right of access; or 

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

5 challenge to, any determination by Sealaska re6 garding the management or development of the 

7 applicable land. 

8 (e) CONDITIONS ON SACRED, CULTURAL, AND HIS9 TORIC SITES.—The conveyance to Sealaska of land se10 lected pursuant to section 3(b)(2)— 

11 (1) shall be subject to a covenant prohibiting 

12 any commercial timber harvest or mineral develop13 ment on the land; 

14 (2) shall not be subject to any additional re15 strictive covenant based on cultural or historic val16 ues, or any other restriction, encumbrance, or ease17 ment, except as provided in sections 14(g) and 17(b) 

18 of the Alaska Native Claims Settlement Act (43 

19 U.S.C. 1613(g), 1616(b)); and 

20 (3) shall allow use of the land as described in 

21 subsection (f). 

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

23 AND HISTORIC SITES.—Any sacred, cultural, traditional, 

24 or historic site or trade or migration route conveyed pur25 suant to this Act may be used for— 


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1 (1) preservation of cultural knowledge and tra2 ditions associated with such a site; 

3 (2) historical, cultural, and scientific research 

4 and education; 

5 (3) public interpretation and education regard6 ing the cultural significance of those sites to Alaska 

7 Natives; 

8 (4) protection and management of the site to 

9 preserve the natural and cultural features of the 

10 site, including cultural traditions, values, songs, sto11 ries, names, crests, and clan usage, for the benefit 

12 of future generations; and 

13 (5) site improvement activities for any purpose 

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

15 the condition that the activities are consistent with 

16 the sacred, cultural, traditional, or historic nature of 

17 the site. 

18 (g) TERMINATION OF RESTRICTIVE COVENANTS.— 

19 (1) IN GENERAL.—Each restrictive covenant re20 garding cultural or historical values with respect to 

21 any interim conveyance or patent for a historic or 

22 cemetery site issued to Sealaska pursuant to the reg23 ulations contained in sections 2653.3 and 2653.11 of 

24 title 43, Code of Federal Regulations (as in effect on 

25 the date of enactment of this Act), in accordance 


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1 with section 14(h)(1) of the Alaska Native Claims 

2 Settlement Act (43 U.S.C. 1613(h)), terminates on 

3 the date of enactment of this Act. 

4 (2) REMAINING CONDITIONS.—Land subject to 

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

6 before the date of enactment of this Act shall be 

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

8 (3) RECORDS.—Sealaska shall be responsible 

9 for recording with the land title recorders office of 

10 the State of Alaska any modification to an existing 

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

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

13 1613(h)(1)) as a result of this Act. 

14 (h) CONDITIONS ON ALASKA NATIVE FUTURES

15 LAND.—Each conveyance of land to Sealaska selected 

16 under section 3(b)(3) shall be subject only to— 

17 (1) a covenant prohibiting any commercial tim18 ber harvest or mineral development; and 

19 (2) the restrictive covenants, encumbrances, or 

20 easements under sections 14(g) and 17(b) of the 

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

22 1613(g), 1616(b)). 

23 SEC. 5. MISCELLANEOUS. 

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

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


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1 action carried out to achieve the purpose of this Act, shall 

2 be considered to be conveyed or acted on, as applicable, 

3 pursuant to the Alaska Native Claims Settlement Act (43 

4 U.S.C. 1601 et seq.). 

5 (b) ENVIRONMENTAL MITIGATION AND INCEN6 TIVES.—Notwithstanding subsection (e) and (h) of section 

7 4, all land conveyed to Sealaska pursuant to the Alaska 

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

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

10 or participate in, as applicable— 

11 (1) any federally authorized carbon sequestra12 tion program, ecological services program, or envi13 ronmental mitigation credit; and 

14 (2) any other federally authorized environ15 mental incentive credit or program. 

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

17 (1) IN GENERAL.—The implementation of this 

18 Act, including the conveyance of land to Sealaska, 

19 alone or in combination with any other factor, shall 

20 not require an amendment of, or revision to, the 

21 Tongass National Forest Land and Resources Man22 agement Plan before the first revision of that Plan 

23 scheduled to occur after the date of enactment of 

24 this Act. 


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1 (2) BOUNDARY ADJUSTMENTS.—The Secretary 

2 of Agriculture shall implement any land ownership 

3 boundary adjustment to the Tongass National For4 est Land and Resources Management Plan resulting 

5 from the implementation of this Act through a tech6 nical amendment to that Plan. 

7 (d) NO EFFECT ON EXISTING INSTRUMENTS, 

8 PROJECTS, OR ACTIVITIES.— 

9 (1) IN GENERAL.—Nothing in this Act or the 

10 implementation of this Act revokes, suspends, or 

11 modifies any permit, contract, or other legal instru12 ment for the occupancy or use of Tongass National 

13 Forest land, or any determination relating to a 

14 project or activity that authorizes that occupancy or 

15 use, that is in effect on the day before the date of 

16 enactment of this Act. 

17 (2) TREATMENT.—The conveyance of land to 

18 Sealaska pursuant to this Act shall be subject to the 

19 instruments and determinations described in para20 graph (1) to the extent that those instruments and 

21 determinations authorize occupancy or use of the 

22 land so conveyed. 

23 (e) PROHIBITION ON REDUCTIONS IN STAFF AND

24 CLOSING AND CONSOLIDATING DISTRICTS.—During the 

25 10-year period beginning on the date of enactment of this 


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1 Act, the Secretary shall not, as a consequence of this 

2 Act— 

3 (1) reduce the staffing level at any ranger dis4 trict of the Tongass National Forest, as compared to 

5 the applicable staffing level in effect on September 

6 26, 2008; or 

7 (2) close or consolidate such a ranger district. 

8 (f) TECHNICAL CORRECTION.—Section 2(a)(2) of the 

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

10 3115a(a)(2)) is amended— 

11 (1) in subparagraph (A), by inserting ‘‘, or is 

12 conveyed to an Alaska Native Corporation pursuant 

13 to the Alaska Native Claims Settlement Act (43 

14 U.S.C. 1601 et seq.)’’ before the semicolon; and 

15 (2) in subparagraph (B)(i)— 

16 (A) in subclause (I), by striking ‘‘or’’ at 

17 the end; and 

18 (B) by adding at the end the following: 

19 ‘‘(III) is owned by an Alaska Na20 tive Corporation established pursuant 

21 to the Alaska Native Claims Settle22 ment Act (43 U.S.C. 1601 et seq.) 

23 and is forest land or formerly had a 

24 forest cover or vegetative cover that is 

25 capable of restoration; or’’. 


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1 SEC. 6. 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. 7. 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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