II 

117TH CONGRESS 

1ST SESSION S. 3269 

To provide for the recognition of certain Alaska Native communities and 

the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 19, 2021 

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

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the recognition of certain Alaska Native communities and 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 ‘‘Unrecognized South5 east Alaska Native Communities Recognition and Com6 pensation Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to redress the omission 

3 of the southeastern Alaska communities of Haines, Ketch4 ikan, Petersburg, Tenakee, and Wrangell from eligibility 

5 under the Alaska Native Claims Settlement Act (43 

6 U.S.C. 1601 et seq.) by authorizing the Alaska Natives 

7 enrolled in the communities— 

8 (1) to form Urban Corporations for the commu9 nities of Haines, Ketchikan, Petersburg, Tenakee, 

10 and Wrangell under the Alaska Native Claims Set11 tlement Act (43 U.S.C. 1601 et seq.); and 

12 (2) to receive certain settlement land pursuant 

13 to that Act. 

14 SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE COR15 PORATIONS. 

16 Section 16 of the Alaska Native Claims Settlement 

17 Act (43 U.S.C. 1615) is amended by adding at the end 

18 the following: 

19 ‘‘(e) NATIVE VILLAGES OF HAINES, KETCHIKAN, PE20 TERSBURG, TENAKEE, AND WRANGELL, ALASKA.— 

21 ‘‘(1) IN GENERAL.—The Native residents of 

22 each of the Native Villages of Haines, Ketchikan, 

23 Petersburg, Tenakee, and Wrangell, Alaska, may or24 ganize as Urban Corporations. 

25 ‘‘(2) EFFECT ON ENTITLEMENT TO LAND.— 

26 Nothing in this subsection affects any entitlement to 


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1 land of any Native Corporation established before 

2 the date of enactment of this subsection pursuant to 

3 this Act or any other provision of law.’’. 

4 SEC. 4. SHAREHOLDER ELIGIBILITY. 

5 Section 8 of the Alaska Native Claims Settlement Act 

6 (43 U.S.C. 1607) is amended by adding at the end the 

7 following: 

8 ‘‘(d) NATIVE VILLAGES OF HAINES, KETCHIKAN, 

9 PETERSBURG, TENAKEE, AND WRANGELL.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall enroll 

11 to each of the Urban Corporations for Haines, 

12 Ketchikan, Petersburg, Tenakee, or Wrangell those 

13 individual Natives who enrolled under this Act to the 

14 Native Villages of Haines, Ketchikan, Petersburg, 

15 Tenakee, or Wrangell, respectively. 

16 ‘‘(2) NUMBER OF SHARES.—Each Native who 

17 is enrolled to an Urban Corporation for Haines, 

18 Ketchikan, Petersburg, Tenakee, or Wrangell pursu19 ant to paragraph (1) and who was enrolled as a 

20 shareholder of the Regional Corporation for South21 east Alaska shall receive 100 shares of Settlement 

22 Common Stock in the respective Urban Corporation. 

23 ‘‘(3) NATIVES RECEIVING SHARES THROUGH IN24 HERITANCE.—If a Native received shares of stock in 

25 the Regional Corporation for Southeast Alaska 


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1 through inheritance from a decedent Native who 

2 originally enrolled to the Native Village of Haines, 

3 Ketchikan, Petersburg, Tenakee, or Wrangell and 

4 the decedent Native was not a shareholder in a Vil5 lage Corporation or Urban Corporation, the Native 

6 shall receive the identical number of shares of Settle7 ment Common Stock in the Urban Corporation for 

8 Haines, Ketchikan, Petersburg, Tenakee, or 

9 Wrangell as the number of shares inherited by that 

10 Native from the decedent Native who would have 

11 been eligible to be enrolled to the respective Urban 

12 Corporation. 

13 ‘‘(4) EFFECT ON ENTITLEMENT TO LAND.— 

14 Nothing in this subsection affects entitlement to 

15 land of any Regional Corporation pursuant to sec16 tion 12(b) or 14(h)(8).’’. 

17 SEC. 5. DISTRIBUTION RIGHTS. 

18 Section 7 of the Alaska Native Claims Settlement Act 

19 (43 U.S.C. 1606) is amended— 

20 (1) in subsection (j)— 

21 (A) in the third sentence, by striking ‘‘In 

22 the case’’ and inserting the following: 

23 ‘‘(3) THIRTEENTH REGIONAL CORPORATION.— 

24 In the case’’; 


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1 (B) in the second sentence, by striking 

2 ‘‘Not less’’ and inserting the following: 

3 ‘‘(2) MINIMUM ALLOCATION.—Not less’’; 

4 (C) by striking ‘‘(j) During’’ and inserting 

5 the following: 

6 ‘‘(j) DISTRIBUTION OF CORPORATE FUNDS AND

7 OTHER NET INCOME.— 

8 ‘‘(1) IN GENERAL.—During’’; and 

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

10 ‘‘(4) NATIVE VILLAGES OF HAINES, KETCH11 IKAN, PETERSBURG, TENAKEE, AND WRANGELL.— 

12 Native members of the Native Villages of Haines, 

13 Ketchikan, Petersburg, Tenakee, and Wrangell who 

14 become shareholders in an Urban Corporation for 

15 such a Native Village shall continue to be eligible to 

16 receive distributions under this subsection as at17 large shareholders of the Regional Corporation for 

18 Southeast Alaska.’’; and 

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

20 ‘‘(s) EFFECT OF AMENDATORY ACT.—The Unrecog21 nized Southeast Alaska Native Communities Recognition 

22 and Compensation Act and the amendments made by that 

23 Act shall not affect— 


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1 ‘‘(1) the ratio for determination of revenue dis2 tribution among Native Corporations under this sec3 tion; or 

4 ‘‘(2) the settlement agreement among Regional 

5 Corporations or Village Corporations or other provi6 sions of subsection (i) or (j).’’. 

7 SEC. 6. COMPENSATION. 

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

9 1601 et seq.) is amended by adding at the end the fol10 lowing: 

11 ‘‘SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, 

12 PETERSBURG, TENAKEE, AND WRANGELL. 

13 ‘‘(a) DEFINITION OF URBAN CORPORATION.—In this 

14 section, the term ‘Urban Corporation’ means each of the 

15 Urban Corporations for Haines, Ketchikan, Petersburg, 

16 Tenakee, and Wrangell. 

17 ‘‘(b) CONVEYANCES OF LAND.— 

18 ‘‘(1) AUTHORIZATION.— 

19 ‘‘(A) CONVEYANCES TO URBAN CORPORA20 TIONS.—Subject to valid existing rights and 

21 paragraphs (3), (4), (5), and (6), the Secretary 

22 shall convey— 

23 ‘‘(i) to the Urban Corporation for 

24 Haines, the surface estate in 12 parcels of 

25 Federal land comprising approximately 


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1 23,040 acres, as generally depicted on the 

2 maps entitled ‘Haines Selections’, num3 bered 1 and 2, and dated November 18, 

4 2021; 

5 ‘‘(ii) to the Urban Corporation for 

6 Ketchikan, the surface estate in 8 parcels 

7 of Federal land comprising approximately 

8 23,040 acres, as generally depicted on the 

9 maps entitled ‘Ketchikan Selections’, num10 bered 1 through 4, and dated November 

11 18, 2021; 

12 ‘‘(iii) to the Urban Corporation for 

13 Petersburg, the surface estate in 12 par14 cels of Federal land comprising approxi15 mately 23,040 acres, as generally depicted 

16 on the maps entitled ‘Petersburg Selec17 tions’, numbered 1 through 3, and dated 

18 November 18, 2021; 

19 ‘‘(iv) to the Urban Corporation for 

20 Tenakee, the surface estate in 14 parcels 

21 of Federal land comprising approximately 

22 23,040 acres, as generally depicted on the 

23 maps entitled ‘Tenakee Selections’, num24 bered 1 through 3, and dated November 

25 18, 2021; and 


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1 ‘‘(v) to the Urban Corporation for 

2 Wrangell, the surface estate in 13 parcels 

3 of Federal land comprising approximately 

4 23,040 acres, as generally depicted on the 

5 maps entitled ‘Wrangell Selections’, num6 bered 1 through 5, and dated November 

7 18, 2021. 

8 ‘‘(B) CONVEYANCES TO REGIONAL COR9 PORATION FOR SOUTHEAST ALASKA.—Subject 

10 to valid existing rights, on the applicable date 

11 on which the surface estate in land is conveyed 

12 to an Urban Corporation under subparagraph 

13 (A), the Secretary shall convey to the Regional 

14 Corporation for Southeast Alaska the sub15 surface estate for that land. 

16 ‘‘(C) CONGRESSIONAL INTENT.—It is the 

17 intent of Congress that the Secretary convey 

18 the surface estates described in subparagraph 

19 (A) not later than the date that is 2 years after 

20 the applicable date of incorporation under sec21 tion 16(e)(1) of an Urban Corporation. 

22 ‘‘(2) WITHDRAWAL.— 

23 ‘‘(A) IN GENERAL.—Subject to valid exist24 ing rights, the Federal land described in para25 graph (1) is withdrawn from all forms of— 


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1 ‘‘(i) entry, appropriation, or disposal 

2 under the public land laws; 

3 ‘‘(ii) location, entry, and patent under 

4 the mining laws; 

5 ‘‘(iii) disposition under all laws per6 taining to mineral and geothermal leasing 

7 or mineral materials; and 

8 ‘‘(iv) selection under Public Law 85– 

9 508 (commonly known as the ‘Alaska 

10 Statehood Act’) (48 U.S.C. note prec. 21). 

11 ‘‘(B) TERMINATION.—The withdrawal 

12 under subparagraph (A) shall remain in effect 

13 until the date on which the Federal land is con14 veyed under paragraph (1). 

15 ‘‘(3) TREATMENT OF LAND CONVEYED.—Ex16 cept as otherwise provided in this section, any land 

17 conveyed to an Urban Corporation under paragraph 

18 (1)(A) shall be— 

19 ‘‘(A) considered to be land conveyed by the 

20 Secretary under section 14(h)(3); and 

21 ‘‘(B) subject to all laws (including regula22 tions) applicable to entitlements under section 

23 14(h)(3), including section 907(d) of the Alaska 

24 National Interest Lands Conservation Act (43 

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


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1 ‘‘(4) PUBLIC EASEMENTS.— 

2 ‘‘(A) IN GENERAL.—The conveyance and 

3 patents for the land under paragraph (1)(A) 

4 shall be subject to the reservation of public 

5 easements under section 17(b). 

6 ‘‘(B) TERMINATION.—No public easement 

7 reserved on land conveyed under paragraph 

8 (1)(A) shall be terminated by the Secretary 

9 without publication of notice of the proposed 

10 termination in the Federal Register. 

11 ‘‘(C) RESERVATION OF EASEMENTS.—In 

12 the conveyance and patents for the land under 

13 paragraph (1)(A), the Secretary shall reserve 

14 the right of the Secretary to amend the convey15 ance and patents to include reservations of pub16 lic easements under section 17(b) until the com17 pletion of the easement reservation process. 

18 ‘‘(D) STATE OF ALASKA EASEMENTS.— 

19 Nothing in this Act modifies, changes, or termi20 nates the rights-of-way granted to the State 

21 under— 

22 ‘‘(i) section 4407 of the SAFETEA– 

23 LU (Public Law 109–59; 119 Stat. 1777); 

24 or 


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1 ‘‘(ii) the 2006 memorandum of under2 standing between the State and the Forest 

3 Service to implement that section. 

4 ‘‘(5) HUNTING, FISHING, RECREATION, AND AC5 CESS.— 

6 ‘‘(A) IN GENERAL.—Any land conveyed 

7 under paragraph (1)(A), including access to the 

8 land through roadways, trails, and forest roads, 

9 shall remain open and available to subsistence 

10 uses, noncommercial recreational hunting and 

11 fishing, and other noncommercial recreational 

12 uses by the public under applicable law— 

13 ‘‘(i) without liability on the part of the 

14 Urban Corporation, except for willful acts 

15 of the Urban Corporation, to any user as 

16 a result of the use; and 

17 ‘‘(ii) subject to— 

18 ‘‘(I) any reasonable restrictions 

19 that may be imposed by the Urban 

20 Corporation on the public use— 

21 ‘‘(aa) to ensure public safe22 ty; 

23 ‘‘(bb) to minimize conflicts 

24 between recreational and com25 mercial uses; 


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1 ‘‘(cc) to protect cultural re2 sources; 

3 ‘‘(dd) to conduct scientific 

4 research; or 

5 ‘‘(ee) to provide environ6 mental protection; and 

7 ‘‘(II) the condition that the 

8 Urban Corporation post on any appli9 cable property, in accordance with 

10 State law, notices of the restrictions 

11 on use. 

12 ‘‘(B) EFFECT.—Access provided to any in13 dividual or entity under subparagraph (A) shall 

14 not— 

15 ‘‘(i) create an interest in any third 

16 party in the land conveyed under para17 graph (1)(A); or 

18 ‘‘(ii) provide standing to any third 

19 party in any review of, or challenge to, any 

20 determination by the Urban Corporation 

21 with respect to the management or devel22 opment of the land conveyed under para23 graph (1)(A), except as against the Urban 

24 Corporation for the management of public 

25 access under subparagraph (A). 


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1 ‘‘(6) MISCELLANEOUS.— 

2 ‘‘(A) SPECIAL USE AUTHORIZATIONS.— 

3 ‘‘(i) IN GENERAL.—On the conveyance 

4 of land to an Urban Corporation under 

5 paragraph (1)(A)— 

6 ‘‘(I) any guiding or outfitting 

7 special use authorization issued by the 

8 Forest Service for the use of the con9 veyed land shall terminate; and 

10 ‘‘(II) as a condition of the con11 veyance and consistent with section 

12 14(g), the Urban Corporation shall 

13 issue the holder of the special use au14 thorization terminated under sub15 clause (I) an authorization to continue 

16 the authorized use, subject to the 

17 terms and conditions that were in the 

18 special use authorization issued by the 

19 Forest Service, for— 

20 ‘‘(aa) the remainder of the 

21 term of the authorization; and 

22 ‘‘(bb) 1 additional consecu23 tive 10-year renewal period. 

24 ‘‘(ii) NOTICE OF COMMERCIAL ACTIVI25 TIES.—The Urban Corporation, and any 


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1 holder of a guiding or outfitting authoriza2 tion under this subparagraph, shall have a 

3 mutual obligation, subject to the guiding 

4 or outfitting authorization, to inform the 

5 other party of any commercial activities 

6 prior to engaging in the activities on the 

7 land conveyed to the Urban Corporation 

8 under paragraph (1)(A). 

9 ‘‘(iii) NEGOTIATION OF NEW

10 TERMS.—Nothing in this paragraph pre11 cludes the Urban Corporation and the 

12 holder of a guiding or outfitting authoriza13 tion from negotiating a new mutually 

14 agreeable guiding or outfitting authoriza15 tion. 

16 ‘‘(iv) LIABILITY.—Neither the Urban 

17 Corporation nor the United States shall 

18 bear any liability, except for willful acts of 

19 the Urban Corporation or the United 

20 States, regarding the use and occupancy of 

21 any land conveyed to the Urban Corpora22 tion under paragraph (1)(A), as provided 

23 in any outfitting or guiding authorization 

24 under this paragraph. 

25 ‘‘(B) ROADS AND FACILITIES.— 


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1 ‘‘(i) IN GENERAL.—The Secretary of 

2 Agriculture shall negotiate in good faith 

3 with the Urban Corporation to develop a 

4 binding agreement for— 

5 ‘‘(I) the use of National Forest 

6 System roads and related transpor7 tation facilities by the Urban Corpora8 tion; and 

9 ‘‘(II) the use of the roads and re10 lated transportation facilities of the 

11 Urban Corporation by the Forest 

12 Service and designees of the Forest 

13 Service. 

14 ‘‘(ii) TERMS AND CONDITIONS.—The 

15 binding agreement under clause (i)— 

16 ‘‘(I) shall provide that the State 

17 (including entities and designees of 

18 the State) shall be authorized to use 

19 the roads and related transportation 

20 facilities of the Urban Corporation on 

21 substantially similar terms as are pro22 vided by the Urban Corporation to the 

23 Forest Service; 

24 ‘‘(II) shall include restrictions on, 

25 and fees for, the use of the National 


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1 Forest System roads and related 

2 transportation facilities in existence as 

3 of the date of enactment of this sec4 tion, as necessary, that are reasonable 

5 and comparable to the restrictions 

6 and fees imposed by the Forest Serv7 ice for the use of the roads and re8 lated transportation facilities; and 

9 ‘‘(III) shall not restrict or limit 

10 any access to the roads and related 

11 transportation facilities of the Urban 

12 Corporation or the Forest Service that 

13 may be otherwise provided by valid ex14 isting rights and agreements in exist15 ence as of the date of enactment of 

16 this section. 

17 ‘‘(iii) INTENT OF CONGRESS.—It is 

18 the intent of Congress that the agreement 

19 under clause (i) shall be entered into as 

20 soon as practicable after the date of enact21 ment of this section and in any case by not 

22 later than 1 year after the date of incorpo23 ration of the Urban Corporation. 

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1 veyed to the Urban Corporation under 

2 paragraph (1)(A) and ending on the effec3 tive date of a binding agreement entered 

4 into under clause (i), the Urban Corpora5 tion shall provide and allow administrative 

6 access to roads and related transportation 

7 facilities on the land under substantially 

8 similar terms as are provided by the For9 est Service as of the date of enactment of 

10 this section. 

11 ‘‘(C) EFFECT ON OTHER LAWS.— 

12 ‘‘(i) IN GENERAL.—Nothing in this 

13 section delays the duty of the Secretary to 

14 convey land to— 

15 ‘‘(I) the State under Public Law 

16 85–508 (commonly known as the 

17 ‘Alaska Statehood Act’) (48 U.S.C. 

18 note prec. 21); or 

19 ‘‘(II) a Native Corporation 

20 under— 

21 ‘‘(aa) this Act; or 

22 ‘‘(bb) the Alaska Land 

23 Transfer Acceleration Act (43 

24 U.S.C. 1611 note; Public Law 

25 108–452). 


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1 ‘‘(ii) STATEHOOD ENTITLEMENT.— 

2 ‘‘(I) IN GENERAL.—Statehood se3 lections under Public Law 85–508 

4 (commonly known as the ‘Alaska 

5 Statehood Act’) (48 U.S.C. note prec. 

6 21) are not displaced by the parcels of 

7 land described in clauses (i) through 

8 (v) of paragraph (1)(A). 

9 ‘‘(II) BOUNDARY ADJUST10 MENTS.—In the event of a dispute be11 tween an area selected as a Statehood 

12 selection and a parcel of land referred 

13 to in subclause (I), the Secretary shall 

14 work with the Urban Corporation and 

15 the State in good faith to adjust the 

16 boundary of the parcel to exclude any 

17 area selected as a Statehood selection. 

18 ‘‘(iii) CONVEYANCES.—The Secretary 

19 shall promptly proceed with the conveyance 

20 of all land necessary to fulfill the final en21 titlement of all Native Corporations in ac22 cordance with— 

23 ‘‘(I) this Act; and 


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1 ‘‘(II) the Alaska Land Transfer 

2 Acceleration Act (43 U.S.C. 1611 

3 note; Public Law 108–452). 

4 ‘‘(iv) FISH AND WILDLIFE.—Nothing 

5 in this section enlarges or diminishes the 

6 responsibility and authority of the State 

7 with respect to the management of fish 

8 and wildlife on public land in the State. 

9 ‘‘(D) MAPS.— 

10 ‘‘(i) AVAILABILITY.—Each map re11 ferred to in paragraph (1)(A) shall be 

12 available in the appropriate offices of the 

13 Secretary and the Secretary of Agriculture. 

14 ‘‘(ii) CORRECTIONS.—The Secretary, 

15 in consultation with the Secretary of Agri16 culture, may make any necessary correc17 tion to a clerical or typographical error in 

18 a map referred to in paragraph (1)(A). 

19 ‘‘(c) CONVEYANCE OF ROADS, TRAILS, LOG TRANS20 FER FACILITIES, LEASES, AND APPURTENANCES.— 

21 ‘‘(1) IN GENERAL.—The Secretary, without 

22 consideration or compensation, shall convey to each 

23 Urban Corporation, by quitclaim deed or patent, all 

24 right, title, and interest of the United States in all 

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1 purtenances on or related to the land conveyed to 

2 the Urban Corporation under subsection (b)(1)(A). 

3 ‘‘(2) CONDITIONS.—The conveyance under 

4 paragraph (1) shall be subject to— 

5 ‘‘(A) section 14(g); and 

6 ‘‘(B) all valid existing rights, including any 

7 reciprocal rights-of-way, easements, or agree8 ments for the use of the roads, trails, log trans9 fer facilities, leases, and appurtenances con10 veyed under paragraph (1). 

11 ‘‘(3) CONTINUATION OF AGREEMENTS.— 

12 ‘‘(A) IN GENERAL.—On or before the date 

13 on which land is conveyed to an Urban Cor14 poration under subsection (b)(1)(A), the Sec15 retary shall provide to the Urban Corporation 

16 notice of all reciprocal rights-of-way, easements, 

17 and agreements for use of the roads, trails, log 

18 transfer facilities, leases, and appurtenances on 

19 or related to the land in existence as of the date 

20 of enactment of this section. 

21 ‘‘(B) REQUIREMENT.—In accordance with 

22 section 14(g), any right-of-way, easement, or 

23 agreement described in subparagraph (A) shall 

24 continue unless the right-of-way, easement, or 

25 agreement— 


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1 ‘‘(i) expires under its own terms; or 

2 ‘‘(ii) is mutually renegotiated. 

3 ‘‘(d) SETTLEMENT TRUST.— 

4 ‘‘(1) IN GENERAL.—Each Urban Corporation 

5 may establish a settlement trust in accordance with 

6 section 39 for the purposes of promoting the health, 

7 education, and welfare of the trust beneficiaries, and 

8 preserving the Native heritage and culture, of the 

9 community of Haines, Ketchikan, Petersburg, 

10 Tenakee, or Wrangell, as applicable. 

11 ‘‘(2) PROCEEDS AND INCOME.—The proceeds 

12 and income from the principal of a trust established 

13 under paragraph (1) shall— 

14 ‘‘(A) first be applied to the support of 

15 those enrollees, and the descendants of the en16 rollees, who are elders or minor children; and 

17 ‘‘(B) thereafter to the support of all other 

18 enrollees. 

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to the Secretary 

21 $12,500,000, to be used by the Secretary to provide 5 

22 grants in the amount of $2,500,000 each, to be used only 

23 for activities that support the implementation of this sec24 tion, including planning and development.’’. 

Æ 


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