II 

Calendar No. 176 

113TH CONGRESS 

1ST SESSION S. 340 

[Report No. 113–98] 

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 

FEBRUARY 14, 2013 

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 

SEPTEMBER 10, 2013 

Reported by Mr. WYDEN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Southeast Alaska Na3 tive Land Entitlement Finalization and Jobs Protection 

4 Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

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

8 entitled ‘‘Sealaska Land Entitlement Finalization’’, 

9 numbered 1 through 17 and dated October 17, 

10 2012, and numbered 18 and dated December 21, 

11 2012. 

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

13 the Sealaska Corporation, a Regional Native Cor14 poration established under the Alaska Native Claims 

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

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

17 the Secretary of the Interior. 

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

19 of Alaska. 

20 SEC. 3. FINALIZATION OF ENTITLEMENT. 

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

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

23 a corporate resolution adopted by the board of directors 

24 of Sealaska agreeing to accept the conveyance of land de25 scribed in subsection (b) in accordance with this Act as 

26 full and final satisfaction of the remaining land entitleVerDate Mar 15 2010 23:53 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S340.RS S340

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1 ment of Sealaska under section 14(h) of the Alaska Native 

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

3 shall— 

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

5 (2) charge the entitlement pool under section 

6 14(h)(8) of the Alaska Native Claims Settlement Act 

7 (43 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the 

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

9 in fulfillment of the remaining land entitlement for 

10 Sealaska under that Act, notwithstanding whether 

11 the surveyed acreage of the 18 parcels of land gen12 erally depicted on the maps as ‘‘Sealaska Selections’’ 

13 and patented under section 4 is less than or more 

14 than 69,585 acres, reduced by the number of acres 

15 deducted under subsection (b)(2). 

16 (b) FINAL ENTITLEMENT.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the land described in subsection (a) shall 

19 consist of— 

20 (A) the 18 parcels of Federal land com21 prising approximately 69,585 acres that is gen22 erally depicted as ‘‘Sealaska Selections’’ on the 

23 maps; and 

24 (B) a total of not more than 490 acres of 

25 Federal land for cemetery sites and historical 


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1 places comprised of parcels that are applied for 

2 in accordance with section 5. 

3 (2) DEDUCTION.— 

4 (A) IN GENERAL.—The Secretary shall de5 duct from the number of acres of Federal land 

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

7 acres of Federal land for which the Secretary 

8 has issued a conveyance during the period be9 ginning on August 1, 2012, and ending on the 

10 date of receipt of the resolution under sub11 section (a). 

12 (B) AGREEMENT.—The Secretary, the Sec13 retary of Agriculture, and Sealaska shall nego14 tiate in good faith to make a mutually agree15 able adjustment to the parcel of Federal land 

16 generally depicted on the maps entitled 

17 ‘‘Sealaska Land Entitlement Finalization’’, 

18 numbered 1 of 17, and dated October 17, 2012, 

19 and the map numbered 18 and dated December 

20 21, 2012, to implement the deduction of acres 

21 required by subparagraph (A). 

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

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

24 (1) be final and irrevocable; and 


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1 (2) without any further administrative action by 

2 the Secretary, result in— 

3 (A) the relinquishment of all existing selec4 tions made by Sealaska under subsection 

5 14(h)(8) of the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1613(h)(8)); and 

7 (B) the termination of all withdrawals by 

8 section 16 of the Alaska Native Claims Settle9 ment Act (43 U.S.C. 1615), except to the ex10 tent a selection by a Village Corporation under 

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

12 Alaska Native Claims Settlement Act (43 

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

14 on which those selections are resolved. 

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

16 the resolution in accordance with subsection (a)— 

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

18 effective; and 

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

20 months after the date of enactment of this Act, com21 plete the interim conveyance of the remaining land 

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

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

24 1613(h)(8)) from prioritized selections on file with 

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


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1 (e) SCOPE OF LAW.—Except as provided in sub2 sections (d) and (f), this Act provides the exclusive author3 ity under which the remaining land entitlement of 

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

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

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

7 that is— 

8 (1) the subject of an application under sub9 section (h)(1) of section 14 of the Alaska Native 

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

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

12 (2) conveyed in accordance with that sub13 section. 

14 SEC. 4. CONVEYANCES TO SEALASKA. 

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

16 rights, subsections (c), (d), and (e), section 3(b), and sec17 tion 6(a), the Secretary shall complete the interim convey18 ance of the 18 parcels of Federal land comprising approxi19 mately 69,585 acres generally depicted on the maps by 

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

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

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

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

24 have been reserved in accordance with this Act prior to 

25 the interim conveyance. 


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1 (b) WITHDRAWAL.— 

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

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

4 is withdrawn from— 

5 (A) all forms of appropriation under the 

6 public land laws; 

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

8 mining laws; 

9 (C) disposition under laws relating to min10 eral or geothermal leasing; and 

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

12 1958 (commonly known as the ‘‘Alaska State13 hood Act’’) (48 U.S.C. note prec. 21; Public 

14 Law 85–508). 

15 (2) TERMINATION.—The withdrawal under 

16 paragraph (1) shall remain in effect until— 

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

18 accordance with section 3(a), the date that is 

19 90 days after the date of enactment of this Act; 

20 or 

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

22 conveyed under subsection (a). 

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

24 otherwise provided in this Act, any land conveyed to 

25 Sealaska under subsection (a) shall be— 


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1 (1) considered to be land conveyed by the Sec2 retary under section 14(h)(8) of the Alaska Native 

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

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

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

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

7 1613(h)(8)), including section 907(d) of the Alaska 

8 National Interest Lands Conservation Act (43 

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

10 (d) EASEMENTS.— 

11 (1) PUBLIC EASEMENTS.—The deeds of convey12 ance for the land under subsection (a) shall be sub13 ject to the reservation of public easements under 

14 section 17(b) of the Alaska Native Claims Settle15 ment Act (43 U.S.C. 1616(b)). 

16 (2) CONSERVATION EASEMENTS.— 

17 (A) IN GENERAL.—In the deeds of convey18 ance for the land under subsection (a), the Sec19 retary shall reserve a conservation easement to 

20 protect the aquatic and riparian habitat extend21 ing 100 feet on each side of the anadromous 

22 water bodies depicted as ‘‘100 Foot Conserva23 tion Easement’’ on the maps numbered 3, 4, 

24 and 6. 


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1 (B) PROHIBITION.—The commercial har2 vest of timber within the conservation ease3 ments described in subparagraph (A) shall be 

4 prohibited, except that Sealaska may, for the 

5 purpose of harvesting timber outside of the con6 servation easement— 

7 (i) maintain roads within the con8 servation easement that are in existence on 

9 the date of enactment of this Act; and 

10 (ii) construct temporary roads and 

11 yarding corridors across the conservation 

12 easements in accordance with the applica13 ble National Forest System construction 

14 standards. 

15 (C) ADMINISTRATION.—The Secretary of 

16 Agriculture shall administer the conservation 

17 easements described in subparagraph (A). 

18 (3) RESEARCH EASEMENT.—In the deed of con19 veyance for the land generally depicted on the map 

20 entitled ‘‘Sealaska Land Entitlement Finalization’’, 

21 numbered 7 of 17, and dated October 17, 2012, the 

22 Secretary shall reserve an easement— 

23 (A) to access and continue Forest Service 

24 research activities on the study plots located on 

25 the land; and 


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

2 year period beginning on the date of enactment 

3 of this Act. 

4 (4) KOSCUISKO ISLAND ROAD EASEMENT.— 

5 (A) IN GENERAL.—The deeds of convey6 ance for the land on Koscuisko Island under 

7 subsection (a) shall grant to Sealaska an ease8 ment providing access to and use by Sealaska 

9 of the log transfer facility at Shipley Bay on 

10 Koscuisko Island, subject to— 

11 (i) the agreement under subparagraph 

12 (C); and 

13 (ii) the agreement under section 6(b). 

14 (B) SCOPE OF THE EASEMENT.—The ease15 ment under subparagraph (A) shall enable 

16 Sealaska— 

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

18 road connecting the Forest Service Road 

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

20 Service Road known as ‘‘South Shipley 

21 Bay Road’’ within the corridor depicted on 

22 the map entitled ‘‘Sealaska Land Entitle23 ment Finalization’’, numbered 3 of 17, and 

24 dated October 17, 2012; 


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

2 reconstruct the Forest Service Road known 

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

4 in clause (i) to access the log transfer facil5 ity at Shipley Bay; and 

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

7 log transfer and sort yard facility at Ship8 ley Bay that is within the area depicted on 

9 the map entitled ‘‘Sealaska Land Entitle10 ment Finalization’’, numbered 3 of 17 and 

11 dated October 17, 2012. 

12 (C) ROADS AND FACILITIES USE AGREE13 MENT.—In addition to the agreement under 

14 section 6(b), the Secretary and Sealaska shall 

15 enter into an agreement relating to the access, 

16 use, maintenance, and improvement of the 

17 roads and facilities under this paragraph. 

18 (D) DETERMINATION OF LOCATION; LEGAL

19 DESCRIPTION.—Sealaska shall— 

20 (i) in consultation with the Secretary, 

21 determine the location within the corridor 

22 of the centerline of the road described in 

23 subparagraph (B)(i); and 

24 (ii) provide to the Secretary a legal 

25 description of the centerline acceptable for 


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1 granting the easement described in sub2 paragraph (B)(i). 

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

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

5 subsection (a) that is located outside a withdrawal 

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

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

8 shall remain open and available to subsistence uses, 

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

10 National Interest Lands Conservation Act (16 

11 U.S.C. 3113), and noncommercial recreational hunt12 ing and fishing and other recreational uses by the 

13 public under applicable law— 

14 (A) without liability on the part of 

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

16 a result of the use; and 

17 (B) subject to— 

18 (i) any reasonable restrictions that 

19 may be imposed by Sealaska on the public 

20 use— 

21 (I) to ensure public safety; 

22 (II) to minimize conflicts between 

23 recreational and commercial uses; 

24 (III) to protect cultural re25 sources; 


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1 (IV) to conduct scientific re2 search; or 

3 (V) to provide environmental pro4 tection; and 

5 (ii) the condition that Sealaska post 

6 on any applicable property, in accordance 

7 with State law, notices of the restrictions 

8 on use. 

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

10 or entity under paragraph (1) shall not— 

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

12 the land conveyed under subsection (a); or 

13 (B) provide standing to any third party in 

14 any review of, or challenge to, any determina15 tion by Sealaska with respect to the manage16 ment or development of the land conveyed 

17 under subsection (a), except as against 

18 Sealaska for the management of public access 

19 under paragraph (1). 

20 SEC. 5. CEMETERY SITES AND HISTORICAL PLACES. 

21 (a) IN GENERAL.—Notwithstanding section 

22 14(h)(1)(E) of the Alaska Native Claims Settlement Act 

23 (43 U.S.C. 1613(h)(1)(E)), Sealaska may submit applica24 tions for the conveyance under section 14(h)(1)(A) of the 

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


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1 1613(h)(1)(A)) of not more than 76 cemetery sites and 

2 historical places— 

3 (1) that are listed in the document entitled 

4 ‘‘Sealaska Cemetery Sites and Historical Places’’ 

5 and dated October 17, 2012; 

6 (2) that are cemetery sites and historical places 

7 included in the report by Wilsey and Ham, Inc., en8 titled ‘‘1975 Native Cemetery and Historic Sites of 

9 Southeast Alaska (Preliminary Report)’’ and dated 

10 October 1975; 

11 (3) for which Sealaska has not previously sub12 mitted an application; and 

13 (4) that are not located within a conservation 

14 system unit (as defined in section 102 of the Alaska 

15 National Interest Lands Conservation Act (16 

16 U.S.C. 3102)). 

17 (b) PROCEDURE FOR EVALUATING APPLICATIONS.— 

18 Except as otherwise provided in this section, the Secretary 

19 shall consider all applications submitted under this section 

20 in accordance with the criteria and procedures set forth 

21 in applicable regulations in effect as of the date of enact22 ment of this Act. 

23 (c) CONVEYANCE.—The Secretary may convey ceme24 tery sites and historical places under this section that reVerDate Mar 15 2010 23:53 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S340.RS S340

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1 sult in the conveyance of a total of approximately 490 

2 acres of Federal land comprised of parcels that are— 

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

4 and 

5 (2) subject to— 

6 (A) valid existing rights; 

7 (B) the public access provisions of sub8 section (g); 

9 (C) the condition that the conveyance of 

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

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

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

13 River Meridian; and 

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

15 of the cemetery sites and historical places shall 

16 be consistent with the management plans for 

17 adjacent public land, if the management plans 

18 are more restrictive than the laws (including 

19 regulations) applicable under subsection (i). 

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

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

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

23 of this Act. 

24 (e) CONSULTATION WITH RECOGNIZED TRIBAL EN25 TITY.—Sealaska shall— 


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1 (1) consult with any affected federally recog2 nized Indian tribe before submitting any application 

3 for a cemetery site or historical place located within 

4 the traditional territory of the Indian tribe; and 

5 (2) include with each application described in 

6 paragraph (1) a statement that the required con7 sultation was carried out in accordance with that 

8 paragraph. 

9 (f) SELECTION OF ADDITIONAL CEMETERY SITES.— 

10 If Sealaska submits timely applications to the Secretary 

11 in accordance with subsections (a), (d), and (e), for all 

12 76 sites listed under subsection (a)(1), and the Secretary 

13 rejects any of those applications in whole or in part— 

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

15 which the Secretary completes the conveyance of eli16 gible cemetery sites and historical places applied for 

17 under subsection (a), and subject to subsection (e), 

18 Sealaska may submit applications for the conveyance 

19 under section 14 (h)(1)(A) of the Alaska Native 

20 Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of 

21 additional cemetery sites that are not located in a 

22 conservation system unit described in (a)(4), the 

23 total acreage of which, together with the cemetery 

24 sites and historical places previously conveyed by the 


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1 Secretary under subsection (c), shall not exceed 490 

2 acres; and 

3 (2) the Secretary shall— 

4 (A) consider any applications for the con5 veyance of additional cemetery sites in accord6 ance with subsection (b); and 

7 (B) if the applications are approved, pro8 vide for the conveyance of the sites in accord9 ance with subsection (c). 

10 (g) PUBLIC ACCESS.— 

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

12 any land conveyed under this section shall be subject 

13 to— 

14 (A) the reservation of public easements 

15 under section 17(b) of the Alaska Native 

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

17 (B) public access across the conveyed land 

18 in cases in which no reasonable alternative ac19 cess around the land is available, without liabil20 ity to Sealaska, except for willful acts, to any 

21 user by reason of the use; and 

22 (C) public access within 25 feet of any 

23 Class I stream described in section 705(e) of 

24 the Alaska National Interest Lands Conserva25 tion Act (16 U.S.C. 539d(e)) for noncommercial 


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1 recreational and subsistence fishing, without li2 ability to Sealaska, except for willful acts, to 

3 any user by reason of the use. 

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

5 under subparagraphs (B) and (C) of paragraph (1) 

6 shall be subject to— 

7 (A) any reasonable restrictions that may 

8 be imposed by Sealaska on the public access 

9 and use— 

10 (i) to ensure public safety; 

11 (ii) to protect and conduct research on 

12 the historic, archaeological, and cultural 

13 resources of the conveyed land; or 

14 (iii) to provide environmental protec15 tion; 

16 (B) the condition that Sealaska post on 

17 any applicable property, in accordance with 

18 State law, notices of the restrictions on the 

19 public access and use; and 

20 (C) the condition that the public access 

21 and use shall not be incompatible with or in 

22 derogation of the values of the area as a ceme23 tery site or historical place, as provided in sec24 tion 2653.11 of title 43, Code of Federal Regu25 lations (or a successor regulation). 


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

2 or entity by paragraph (1) shall not— 

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

4 the land conveyed under this section; or 

5 (B) provide standing to any third party in 

6 any review of, or challenge to, any determina7 tion by Sealaska with respect to the manage8 ment or development of the land conveyed 

9 under this section, except as against Sealaska 

10 for the management of public access under 

11 paragraph (2). 

12 (h) PROHIBITION ON TRANSFER OR LOSS.— 

13 (1) PROHIBITION ON TRANSFER.—Notwith14 standing any other provision of law, Sealaska shall 

15 not— 

16 (A) alienate, transfer, assign, mortgage, or 

17 pledge any cemetery site or historical place con18 veyed under this section to any person or entity 

19 other than the United States; or 

20 (B) permit development or improvement of 

21 the cemetery site or historical place for any use 

22 which is incompatible with, or is in derogation 

23 of, the values of the area as a cemetery site or 

24 historical place. 


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1 (2) PROHIBITION ON LOSS.—Notwithstanding 

2 any other provision of law, any cemetery site or his3 torical place conveyed to Sealaska under this section 

4 shall be exempt from— 

5 (A) adverse possession and similar claims 

6 based on estoppel; 

7 (B) real property taxes by any govern8 mental entity; 

9 (C) title 11 of the United States Code or 

10 a successor law, any other insolvency or mora11 torium law, or any other law generally affecting 

12 creditors’ rights; 

13 (D) judgments in any action at law or in 

14 equity to recover sums owed or penalties in15 curred by Sealaska or any employee, officer, di16 rector, or shareholder of Sealaska; and 

17 (E) involuntary distributions or convey18 ances to any person or entity other than the 

19 United States related to the involuntary dis20 solution of Sealaska. 

21 (i) TREATMENT OF LAND CONVEYED.—Except as 

22 otherwise provided in this Act, any land conveyed to 

23 Sealaska under this section shall be— 


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1 (1) considered land conveyed by the Secretary 

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

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

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

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

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

7 1613(h)(1)), including section 907(d) of the Alaska 

8 National Interest Lands Conservation Act (43 

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

10 SEC. 6. MISCELLANEOUS. 

11 (a) SPECIAL USE AUTHORIZATIONS.— 

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

13 to Sealaska under section 4(a)— 

14 (A) any guiding or outfitting special use 

15 authorization issued by the Forest Service for 

16 the use of the conveyed land shall terminate; 

17 and 

18 (B) as a condition of the conveyance and 

19 consistent with section 14(g) of the Alaska Na20 tive Claims Settlement Act (43 U.S.C. 

21 1613(g)), Sealaska shall allow the holder of the 

22 special use authorization terminated under sub23 paragraph (A) to continue the authorized use, 

24 subject to the terms and conditions that were in 


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1 the special use authorization issued by the For2 est Service, for— 

3 (i) the remainder of the term of the 

4 authorization; and 

5 (ii) 1 additional consecutive 10-year 

6 renewal period. 

7 (2) NOTICE OF COMMERCIAL ACTIVITIES.— 

8 Sealaska and any holder of a guiding or outfitting 

9 authorization under this subsection shall have a mu10 tual obligation, subject to the guiding or outfitting 

11 authorization, to inform the other party of any com12 mercial activities prior to engaging in the activities 

13 on the land conveyed to Sealaska under section 4(a). 

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

15 this subsection precludes Sealaska and the holder of 

16 a guiding or outfitting authorization from negoti17 ating a new mutually agreeable guiding or outfitting 

18 authorization. 

19 (4) LIABILITY.—Neither Sealaska nor the 

20 United States shall bear any liability, except for will21 ful acts of Sealaska or the United States, regarding 

22 the use and occupancy of any land conveyed to 

23 Sealaska under this Act, as provided in any outfit24 ting or guiding authorization under this subsection. 


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

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

3 Agriculture and Sealaska shall negotiate in good faith to 

4 develop a binding agreement— 

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

6 and related transportation facilities by Sealaska; and 

7 (2) the use of Sealaska roads and related trans8 portation facilities by the Forest Service. 

9 (c) TRADITIONAL TRADE AND MIGRATION ROUTE

10 DESIGNATIONS.— 

11 (1) DESIGNATIONS.— 

12 (A) THE INSIDE PASSAGE.—The route 

13 from Yakutat to Dry Bay, as generally depicted 

14 on the map entitled ‘‘Traditional Trade and Mi15 gration Route, Neix naax aan n ́ax—The Inside 

16 Passage’’ and dated October 17, 2012, is des17 ignated as ‘‘Neix naax aan n ́ax’’ (‘‘The Inside 

18 Passage’’). 

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

20 Bay of Pillars to Port Camden, as generally de21 picted on the map entitled ‘‘Traditional Trade 

22 and Migration Route, Yakwdeiy ́ı—Canoe Road’’ 

23 and dated October 17, 2012, is designated as 

24 ‘‘Yakwdeiy ́ı’’ (‘‘Canoe Road’’). 


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

2 Portage Bay to Duncan Canal, as generally de3 picted on the map entitled ‘‘Traditional Trade 

4 and Migration Route, Ling ́ıt Deiy ́ı—The Peo5 ple’s Road’’ and dated October 17, 2012, is 

6 designated ‘‘Ling ́ıt Deiy ́ı’’ (‘‘The People’s 

7 Road’’). 

8 (2) ACCESS TO TRADITIONAL TRADE AND MI9 GRATION ROUTES.—The culturally and historically 

10 significant trade and migration routes designated by 

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

12 and the public in accordance with applicable law, 

13 subject to such terms, conditions, and special use 

14 authorizations as the Secretary of Agriculture may 

15 require. 

16 (d) EFFECT ON OTHER LAWS.— 

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

18 the duty of the Secretary to convey land to— 

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

20 1958 (commonly known as the ‘‘Alaska State21 hood Act’’) (48 U.S.C. note prec. 21; Public 

22 Law 85–508); or 

23 (B) a Native Corporation under— 

24 (i) the Alaska Native Claims Settle25 ment Act (43 U.S.C. 1601 et seq.); or 


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1 (ii) the Alaska Land Transfer Accel2 eration Act (43 U.S.C. 1611 note; Public 

3 Law 108–452). 

4 (2) CONVEYANCES.—The Secretary shall 

5 promptly proceed with the conveyance of all land 

6 necessary to fulfill the final entitlement of all Native 

7 Corporations in accordance with— 

8 (A) the Alaska Native Claims Settlement 

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

10 (B) the Alaska Land Transfer Acceleration 

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

12 452). 

13 (e) ESCROW FUNDS.—If Sealaska files the resolution 

14 in accordance with section 3(a)— 

15 (1) the escrow requirements of section 2 of 

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

17 apply to proceeds (including interest) derived from 

18 the land withdrawn under section 4(b) from the date 

19 of receipt of the resolution; and 

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

21 (including interest) held pursuant to the escrow re22 quirements of section 2 of Public Law 94–204 (43 

23 U.S.C. 1613 note) that were derived from land origi24 nally withdrawn for selection by section 16 of the 


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

2 1615), but not conveyed. 

3 (f) MAPS.— 

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

5 this Act shall be available in the appropriate offices 

6 of the Secretary and the Secretary of Agriculture. 

7 (2) CORRECTIONS.—The Secretary of Agri8 culture may make any necessary correction to a cler9 ical or typographical error in a map referred to in 

10 this Act. 

11 SEC. 7. CONSERVATION AREAS. 

12 (a) LUD II MANAGEMENT AREAS.—If Sealaska files 

13 a resolution in accordance with section 3(a), section 508 

14 of the Alaska National Interest Lands Conservation Act 

15 (Public Law 96–487; 104 Stat. 4428) is amended by add16 ing at the end the following: 

17 ‘‘(13) BAY OF PILLARS.—Certain land which 

18 comprises approximately 21,106 acres, as generally 

19 depicted on the map entitled ‘Bay of Pillars LUD II 

20 Management Area—Proposed’ and dated October 

21 17, 2012. 

22 ‘‘(14) KUSHNEAHIN CREEK.—Certain land 

23 which comprises approximately 36,624 acres, as gen24 erally depicted on the map entitled ‘Kushneahin 


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1 Creek LUD II Management Area—Proposed’ and 

2 dated October 17, 2012. 

3 ‘‘(15) NORTHERN PRINCE OF WALES.—Certain 

4 land which comprises approximately 9,064 acres, as 

5 generally depicted on the map entitled ‘Northern 

6 Prince of Wales LUD II Management Area—Pro7 posed’ and dated October 17, 2012. 

8 ‘‘(16) WESTERN KOSCIUSKO.—Certain land 

9 which comprises approximately 7,786 acres, as gen10 erally depicted on the map entitled ‘Western Kos11 ciusko LUD II Management Area—Proposed’ and 

12 dated October 17, 2012. 

13 ‘‘(17) EASTERN KOSCIUSKO.—Certain land 

14 which comprises approximately 1,664 acres, as gen15 erally depicted on the map entitled ‘Eastern Kos16 ciusko LUD II Management Area—Proposed’ and 

17 dated October 17, 2012. 

18 ‘‘(18) SARKAR LAKES.—Certain land which 

19 comprises approximately 25,402 acres, as generally 

20 depicted on the map entitled ‘Sarkar Lakes LUD II 

21 Management Area—Proposed’ and dated October 

22 17, 2012. 

23 ‘‘(19) HONKER DIVIDE.—Certain land which 

24 comprises approximately 15,584 acres, as generally 

25 depicted on the map entitled ‘Honker Divide LUD 


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1 II Management Area—Proposed’ and dated October 

2 17, 2012. 

3 ‘‘(20) EEK LAKE AND SUKKWAN ISLAND.—Cer4 tain land which comprises approximately 34,873 

5 acres, as generally depicted on the map entitled ‘Eek 

6 Lake and Sukkwan Island LUD II Management 

7 Area—Proposed’ and dated October 17, 2012.’’. 

8 (b) NO BUFFER ZONES.— 

9 (1) IN GENERAL.—The designation of the con10 servation areas by paragraphs (13) through (20) of 

11 section 508 of the Alaska National Interest Lands 

12 Conservation Act (Public Law 96–487; 104 Stat. 

13 4428) (as added by subsection (a)) (referred to in 

14 this subsection as the ‘‘conservation areas’’) is not 

15 intended to lead to the creation of protective perim16 eters or buffer zones around the conservation areas. 

17 (2) OUTSIDE ACTIVITIES.—The fact that activi18 ties outside of the conservation areas are not con19 sistent with the purposes of the conservation areas 

20 or can be seen or heard within the conservation 

21 areas shall not preclude the activities or uses outside 

22 the boundary of the conservation areas. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Southeast Alaska Native 

25 Land Entitlement Finalization and Jobs Protection Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 entitled ‘‘Sealaska Land Entitlement Finalization’’, 

5 numbered 1 through 18, and dated June 14, 2013. 

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

7 Sealaska Corporation, a Regional Native Corporation 

8 established under the Alaska Native Claims Settle9 ment Act (43 U.S.C. 1601 et seq.). 

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

11 the Secretary of the Interior. 

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

13 of Alaska. 

14 SEC. 3. FINALIZATION OF ENTITLEMENT. 

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

16 date of enactment of this Act, the Secretary receives a cor17 porate resolution adopted by the board of directors of 

18 Sealaska agreeing to accept the conveyance of land described 

19 in subsection (b) in accordance with this Act as full and 

20 final satisfaction of the remaining land entitlement of 

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

22 Settlement Act (43 U.S.C. 1613(h)), the Secretary shall— 

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

24 (2) charge the entitlement pool under section 

25 14(h)(8) of the Alaska Native Claims Settlement Act 

26 (43 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the 


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1 number of acres deducted under subsection (b)(2), in 

2 fulfillment of the remaining land entitlement for 

3 Sealaska under that Act, notwithstanding whether the 

4 surveyed acreage of the 18 parcels of land generally 

5 depicted on the maps as ‘‘Sealaska Selections’’ and 

6 patented under section 4 is less than or more than 

7 69,585 acres, reduced by the number of acres deducted 

8 under subsection (b)(2). 

9 (b) FINAL ENTITLEMENT.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the 70,075 acres of land described in sub12 section (a) shall consist of— 

13 (A) the 18 parcels of Federal land com14 prising approximately 69,585 acres that is gen15 erally depicted as ‘‘Sealaska Selections’’ on the 

16 maps; and 

17 (B) a total of not more than 490 acres of 

18 Federal land for cemetery sites and historical 

19 places comprised of parcels that are applied for 

20 in accordance with section 5. 

21 (2) DEDUCTION.— 

22 (A) IN GENERAL.—The Secretary shall de23 duct from the number of acres of Federal land 

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

25 acres of Federal land for which the Secretary has 


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1 issued a conveyance under section 14(h)(8) of the 

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

3 1613(h)(8)) during the period beginning on Au4 gust 1, 2012, and ending on the date of receipt 

5 of the resolution under subsection (a). 

6 (B) AGREEMENT.—The Secretary, the Sec7 retary of Agriculture, and Sealaska shall nego8 tiate in good faith to make a mutually agreeable 

9 adjustment to the parcel of Federal land gen10 erally depicted on the maps numbered 1 and 18 

11 to implement the deduction of acres required by 

12 subparagraph (A). 

13 (c) EFFECT OF ACCEPTANCE.—The resolution filed by 

14 Sealaska in accordance with subsection (a) shall— 

15 (1) be final and irrevocable; and 

16 (2) without any further administrative action by 

17 the Secretary, result in— 

18 (A) the relinquishment of all existing selec19 tions made by Sealaska under subsection 

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

21 Act (43 U.S.C. 1613(h)(8)); and 

22 (B) the termination of all withdrawals by 

23 section 16 of the Alaska Native Claims Settle24 ment Act (43 U.S.C. 1615), except to the extent 

25 a selection by a Village Corporation under subVerDate Mar 15 2010 23:53 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S340.RS S340

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1 sections (b) and (d) of section 16 of the Alaska 

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

3 remains pending, until the date on which those 

4 selections are resolved. 

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

6 resolution in accordance with subsection (a)— 

7 (1) the provisions of this Act shall cease to be ef8 fective, except as otherwise provided in this section; 

9 (2) the Secretary shall, not later than 5 years 

10 after the date of enactment of this Act, complete the 

11 interim conveyance of the remaining land entitlement 

12 to Sealaska under section 14(h)(8) of the Alaska Na13 tive Claims Settlement Act (43 U.S.C. 1613(h)(8)) 

14 from prioritized selections on file with the Secretary 

15 on the date of enactment of this Act; and 

16 (3)(A) the remaining land entitlement of 

17 Sealaska under section 14(h)(8) of the Alaska Native 

18 Claims Settlement Act (43 U.S.C. 1613(h)(8)) shall be 

19 70,075 acres, provided that the Secretary shall deduct 

20 the number of acres of Federal land for which the Sec21 retary has issued a conveyance under section 14(h)(8) 

22 of that Act (43 U.S.C. 1613(h)(8)) during the period 

23 beginning on August 1, 2012, and ending 90 days 

24 after the date of enactment of this Act; and 


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1 (B) if the Governor of the State does not approve 

2 the prioritized selections of Sealaska in the Saxman 

3 or Yakutat withdrawal areas as required by sub4 section 14(h)(8)(B) of the Alaska Native Claims Set5 tlement Act (43 U.S.C. 1613(h)(8)(B)) by the date 

6 that is 42 months after the date of enactment of this 

7 Act, the Secretary shall reject those selections and ful8 fill the remaining land entitlement of Sealaska from 

9 the remaining prioritized selections on file with the 

10 Secretary on the date of enactment of this Act. 

11 (e) SCOPE OF LAW.—Except as provided in subsections 

12 (d) and (f), this Act provides the exclusive authority under 

13 which the remaining land entitlement of Sealaska under 

14 section 14(h) of the Alaska Native Claims Settlement Act 

15 (43 U.S.C. 1613(h)) may be fulfilled. 

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

17 is— 

18 (1) the subject of an application under subsection 

19 (h)(1) of section 14 of the Alaska Native Claims Set20 tlement Act (43 U.S.C. 1613) that is pending on the 

21 date of enactment of this Act; and 

22 (2) conveyed in accordance with that subsection. 

23 SEC. 4. CONVEYANCES TO SEALASKA. 

24 (a) INTERIM CONVEYANCE.— 


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

2 rights, subsections (c), (d), and (e), section 3(b), and 

3 section 6(a), the Secretary shall complete the interim 

4 conveyance of the 18 parcels of Federal land com5 prising approximately 69,585 acres generally depicted 

6 on the maps by the date that is 60 days after the date 

7 of receipt of the resolution under section 3(a), subject 

8 to the Secretary identifying and reserving, by the date 

9 that is 2 years after the date of enactment of this Act, 

10 any easement under section 17(b) of the Alaska Na11 tive Claims Settlement Act (43 U.S.C. 1616(b)) that 

12 could have been reserved prior to the interim convey13 ance. 

14 (2) FAILURE TO RESERVE EASEMENTS BY DEAD15 LINE.—If the Secretary does not complete the reserva16 tion of easements under paragraph (1) by the date 

17 that is 2 years after the date of enactment of this Act, 

18 the Secretary shall reserve the easements as soon as 

19 practicable after that date. 

20 (b) WITHDRAWAL.— 

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

22 rights, the Federal land described in subsection (a) is 

23 withdrawn from— 

24 (A) all forms of appropriation under the 

25 public land laws; 


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

2 mining laws; 

3 (C) disposition under laws relating to min4 eral or geothermal leasing; and 

5 (D) selection under the Act of July 7, 1958 

6 (commonly known as the ‘‘Alaska Statehood 

7 Act’’) (48 U.S.C. note prec. 21; Public Law 85– 

8 508). 

9 (2) TERMINATION.—The withdrawal under para10 graph (1) shall remain in effect until— 

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

12 accordance with section 3(a), the date that is 90 

13 days after the date of enactment of this Act; or 

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

15 conveyed under subsection (a). 

16 (c) TREATMENT OF LAND CONVEYED.—Except as oth17 erwise provided in this Act, any land conveyed to Sealaska 

18 under subsection (a) shall be— 

19 (1) considered to be land conveyed by the Sec20 retary under section 14(h)(8) of the Alaska Native 

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

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

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

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

25 1613(h)(8)), including section 907(d) of the Alaska 


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1 National Interest Lands Conservation Act (43 U.S.C. 

2 1636(d)). 

3 (d) EASEMENTS.— 

4 (1) PUBLIC EASEMENTS.— 

5 (A) IN GENERAL.—The interim conveyance 

6 and patents for the land under subsection (a) 

7 shall be subject to the reservation of public ease8 ments under section 17(b) of the Alaska Native 

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

10 (B) TERMINATION.—No public easement re11 served on land conveyed under subsection (a) 

12 shall be terminated without publication of notice 

13 of the proposed termination in the Federal Reg14 ister. 

15 (C) RESERVATION OF EASEMENTS.—In the 

16 interim conveyance and patents for the land 

17 under subsection (a), the Secretary shall reserve 

18 the right of the Secretary to amend the interim 

19 conveyance and patents to include reservations of 

20 public easements under section 17(b) of the Alas21 ka Native Claims Settlement Act (43 U.S.C. 

22 1616(b)) until the completion of the easement 

23 reservation process. 

24 (2) CONSERVATION EASEMENTS.— 


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1 (A) IN GENERAL.—In the interim convey2 ance and patents for the land under subsection 

3 (a), the Secretary shall reserve a conservation 

4 easement to protect the aquatic and riparian 

5 habitat extending 100 feet on each side of the 

6 anadromous water bodies depicted as ‘‘100 Foot 

7 Conservation Easement’’ on the maps numbered 

8 3, 4, and 6. 

9 (B) PROHIBITION.—The commercial harvest 

10 of timber within the conservation easements de11 scribed in subparagraph (A) shall be prohibited, 

12 except that Sealaska may, for the purpose of har13 vesting timber outside of the conservation ease14 ment— 

15 (i) maintain roads within the con16 servation easement that are in existence on 

17 the date of enactment of this Act; and 

18 (ii) construct temporary roads and 

19 yarding corridors across the conservation 

20 easements in accordance with the applicable 

21 National Forest System construction stand22 ards. 

23 (C) ADMINISTRATION.—The Secretary of 

24 Agriculture shall administer the conservation 

25 easements described in subparagraph (A). 


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1 (3) RESEARCH EASEMENT.—In the interim con2 veyance and patent for the land generally depicted on 

3 the map numbered 7, the Secretary shall reserve an 

4 easement— 

5 (A) to access and continue Forest Service 

6 research activities on the study plots located on 

7 the land; and 

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

9 period beginning on the date of enactment of this 

10 Act. 

11 (4) KOSCUISKO ISLAND ROAD EASEMENT.— 

12 (A) IN GENERAL.—Concurrently with the 

13 conveyance of land under subsection (a), the Sec14 retary shall grant to Sealaska an easement on 

15 Koscuisko Island providing access to and use by 

16 Sealaska of the sort yard and all other upland 

17 facilities at the sort yard that are associated 

18 with the transfer of logs to the marine environ19 ment, subject to— 

20 (i) the agreement under subparagraph 

21 (C); and 

22 (ii) the agreement under section 6(b). 

23 (B) SCOPE OF THE EASEMENT.—The ease24 ment under subparagraph (A) shall enable 

25 Sealaska— 


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

2 road connecting the National Forest System 

3 Road known as ‘‘Cape Pole Road’’ to the 

4 National Forest System Road known as 

5 ‘‘South Shipley Bay Road’’ within the cor6 ridor depicted on the map numbered 3; 

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

8 reconstruct the National Forest System 

9 Road known as ‘‘South Shipley Bay Road’’ 

10 referred to in clause (i) to access the sort 

11 yard and associated upland facilities at 

12 Shipley Bay; and 

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

14 sort yard and associated upland facilities at 

15 Shipley Bay that are within the area de16 picted on the map numbered 3. 

17 (C) ROADS AND FACILITIES USE AGREE18 MENT.—In addition to the agreement under sec19 tion 6(b), the Secretary of Agriculture and 

20 Sealaska shall enter into an agreement relating 

21 to the access, use, maintenance, and improve22 ment of the roads and facilities under this para23 graph. 


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1 (D) EFFECT.—Nothing in this paragraph 

2 preempts or otherwise affects State or local regu3 latory authority. 

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

5 (1) IN GENERAL.—Any land conveyed under sub6 section (a) that is located outside a withdrawal area 

7 designated under section 16(a) of the Alaska Native 

8 Claims Settlement Act (43 U.S.C. 1615(a)) shall re9 main open and available to subsistence uses, non10 commercial recreational hunting and fishing, and 

11 other noncommercial recreational uses by the public 

12 under applicable law— 

13 (A) without liability on the part of 

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

15 a result of the use; and 

16 (B) subject to— 

17 (i) any reasonable restrictions that 

18 may be imposed by Sealaska on the public 

19 use— 

20 (I) to ensure public safety; 

21 (II) to minimize conflicts between 

22 recreational and commercial uses; 

23 (III) to protect cultural resources; 

24 (IV) to conduct scientific research; 

25 or 


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1 (V) to provide environmental pro2 tection; and 

3 (ii) the condition that Sealaska post on 

4 any applicable property, in accordance with 

5 State law, notices of the restrictions on use. 

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

7 or entity under paragraph (1) shall not— 

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

9 the land conveyed under subsection (a); or 

10 (B) provide standing to any third party in 

11 any review of, or challenge to, any determination 

12 by Sealaska with respect to the management or 

13 development of the land conveyed under sub14 section (a), except as against Sealaska for the 

15 management of public access under paragraph 

16 (1). 

17 SEC. 5. CEMETERY SITES AND HISTORICAL PLACES. 

18 (a) IN GENERAL.—Notwithstanding section 

19 14(h)(1)(E) of the Alaska Native Claims Settlement Act (43 

20 U.S.C. 1613(h)(1)(E)), Sealaska may submit applications 

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

22 Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of 

23 not more than 76 cemetery sites and historical places— 


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1 (1) that are listed in the document entitled 

2 ‘‘Sealaska Cemetery Sites and Historical Places’’ and 

3 dated October 17, 2012; 

4 (2) that are cemetery sites and historical places 

5 included in the report by Wilsey and Ham, Inc., enti6 tled ‘‘1975 Native Cemetery and Historic Sites of 

7 Southeast Alaska (Preliminary Report)’’ and dated 

8 October 1975; 

9 (3) for which Sealaska has not previously sub10 mitted an application; and 

11 (4) that are not located within a conservation 

12 system unit (as defined in section 102 of the Alaska 

13 National Interest Lands Conservation Act (16 U.S.C. 

14 3102)). 

15 (b) PROCEDURE FOR EVALUATING APPLICATIONS.— 

16 Except as otherwise provided in this section, the Secretary 

17 shall consider all applications submitted under this section 

18 in accordance with the criteria and procedures set forth in 

19 applicable regulations in effect as of the date of enactment 

20 of this Act. 

21 (c) CONVEYANCE.—If approved under the procedures 

22 described in subsection (b), the Secretary shall convey ceme23 tery sites and historical places that result in the conveyance 

24 of a total of approximately 490 acres of Federal land com25 prised of parcels that are— 


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

2 and 

3 (2) subject to— 

4 (A) valid existing rights; 

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

7 (C) the condition that the conveyance of 

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

9 ‘‘Bay of Pillars Portage’’ is limited to not more 

10 than 25 acres in T.60 S., R.72 E., Sec. 28, Cop11 per River Meridian; and 

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

13 of the cemetery sites and historical places shall 

14 be consistent with the management plans for ad15 jacent public land, if the management plans are 

16 more restrictive than the laws (including regula17 tions) applicable under subsection (i). 

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

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

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

21 Act. 

22 (e) CONSULTATION WITH RECOGNIZED TRIBAL ENTI23 TY.—Sealaska shall— 

24 (1) consult with any affected federally recognized 

25 Indian tribe before submitting any application for a 


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1 cemetery site or historical place located within the vi2 cinity of the Indian tribe; and 

3 (2) include with each application described in 

4 paragraph (1) a statement that the required consulta5 tion was carried out in accordance with that para6 graph. 

7 (f) SELECTION OF ADDITIONAL CEMETERY SITES.— 

8 If Sealaska submits timely applications to the Secretary in 

9 accordance with subsections (a), (d), and (e), for all 76 sites 

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

11 of those applications in whole or in part— 

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

13 which the Secretary completes the conveyance of eligi14 ble cemetery sites and historical places applied for 

15 under subsection (a), and subject to subsection (e), 

16 Sealaska may submit applications for the conveyance 

17 under section 14 (h)(1)(A) of the Alaska Native 

18 Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of 

19 additional cemetery sites that are not located in a 

20 conservation system unit described in (a)(4), the total 

21 acreage of which, together with the cemetery sites and 

22 historical places previously conveyed by the Secretary 

23 under subsection (c), shall not exceed 490 acres; and 

24 (2) the Secretary shall— 


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1 (A) consider any applications for the con2 veyance of additional cemetery sites in accord3 ance with subsection (b); and 

4 (B) if the applications are approved, pro5 vide for the conveyance of the sites in accordance 

6 with subsection (c). 

7 (g) PUBLIC ACCESS.— 

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

9 land conveyed under this section shall be subject to— 

10 (A) the reservation of public easements 

11 under section 17(b) of the Alaska Native Claims 

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

13 (B) public access across the conveyed land 

14 in cases in which no reasonable alternative ac15 cess around the land is available, without liabil16 ity to Sealaska, except for willful acts, to any 

17 user by reason of the use; and 

18 (C) public access to and along any Class I 

19 stream described in section 705(e) of the Alaska 

20 National Interest Lands Conservation Act (16 

21 U.S.C. 539d(e)) for noncommercial recreational 

22 and subsistence fishing, without liability to 

23 Sealaska, except for willful acts, to any user by 

24 reason of the use. 


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

2 under subparagraphs (B) and (C) of paragraph (1) 

3 shall be subject to— 

4 (A) any reasonable restrictions that may be 

5 imposed by Sealaska on the public access and 

6 use— 

7 (i) to ensure public safety; 

8 (ii) to protect and conduct research on 

9 the historic, archaeological, and cultural re10 sources of the conveyed land; or 

11 (iii) to provide environmental protec12 tion; 

13 (B) the condition that Sealaska post on any 

14 applicable property, in accordance with State 

15 law, notices of the restrictions on the public ac16 cess and use; and 

17 (C) the condition that the public access and 

18 use shall not be incompatible with or in deroga19 tion of the values of the area as a cemetery site 

20 or historical place, as provided in section 

21 2653.11 of title 43, Code of Federal Regulations 

22 (or a successor regulation). 

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

24 or entity by paragraph (1) shall not— 


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

2 the land conveyed under this section; or 

3 (B) provide standing to any third party in 

4 any review of, or challenge to, any determination 

5 by Sealaska with respect to the management or 

6 development of the land conveyed under this sec7 tion, except as against Sealaska for the manage8 ment of public access under paragraph (2). 

9 (h) PROHIBITION ON TRANSFER OR LOSS.— 

10 (1) PROHIBITION ON TRANSFER.—Notwith11 standing any other provision of law, Sealaska shall 

12 not— 

13 (A) alienate, transfer, assign, mortgage, or 

14 pledge any cemetery site or historical place con15 veyed under this section to any person or entity 

16 other than the United States; or 

17 (B) permit development or improvement of 

18 the cemetery site or historical place for any use 

19 which is incompatible with, or is in derogation 

20 of, the values of the area as a cemetery site or 

21 historical place. 

22 (2) PROHIBITION ON LOSS.—Notwithstanding 

23 any other provision of law, any cemetery site or his24 torical place conveyed to Sealaska under this section 

25 shall be exempt from— 


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1 (A) adverse possession and similar claims 

2 based on estoppel; 

3 (B) title 11 of the United States Code or a 

4 successor law, any other insolvency or morato5 rium law, or any other law generally affecting 

6 creditors’ rights; 

7 (C) judgments in any action at law or in 

8 equity to recover sums owed or penalties in9 curred by Sealaska or any employee, officer, di10 rector, or shareholder of Sealaska, except for liens 

11 from real property taxes; and 

12 (D) involuntary distributions or convey13 ances to any person or entity other than the 

14 United States related to the involuntary dissolu15 tion of Sealaska. 

16 (i) TREATMENT OF LAND CONVEYED.—Except as oth17 erwise provided in this Act, any land conveyed to Sealaska 

18 under this section shall be— 

19 (1) considered land conveyed by the Secretary 

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

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

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

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

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

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


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1 National Interest Lands Conservation Act (43 U.S.C. 

2 1636(d)). 

3 SEC. 6. MISCELLANEOUS. 

4 (a) SPECIAL USE AUTHORIZATIONS.— 

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

6 Sealaska under section 4(a)— 

7 (A) any guiding or outfitting special use 

8 authorization issued by the Forest Service for the 

9 use of the conveyed land shall terminate; and 

10 (B) as a condition of the conveyance and 

11 consistent with section 14(g) of the Alaska Native 

12 Claims Settlement Act (43 U.S.C. 1613(g)), 

13 Sealaska shall issue the holder of the special use 

14 authorization terminated under subparagraph 

15 (A) an authorization to continue the authorized 

16 use, subject to the terms and conditions that were 

17 in the special use authorization issued by the 

18 Forest Service, for— 

19 (i) the remainder of the term of the au20 thorization; and 

21 (ii) 1 additional consecutive 10-year 

22 renewal period. 

23 (2) NOTICE OF COMMERCIAL ACTIVITIES.— 

24 Sealaska and any holder of a guiding or outfitting 

25 authorization under this subsection shall have a muVerDate Mar 15 2010 23:53 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\S340.RS S340

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1 tual obligation, subject to the guiding or outfitting 

2 authorization, to inform the other party of any com3 mercial activities prior to engaging in the activities 

4 on the land conveyed to Sealaska under section 4(a). 

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

6 this subsection precludes Sealaska and the holder of a 

7 guiding or outfitting authorization from negotiating 

8 a new mutually agreeable guiding or outfitting au9 thorization. 

10 (4) LIABILITY.—Neither Sealaska nor the United 

11 States shall bear any liability, except for willful acts 

12 of Sealaska or the United States, regarding the use 

13 and occupancy of any land conveyed to Sealaska 

14 under this Act, as provided in any outfitting or guid15 ing authorization under this subsection. 

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

17 after the date of enactment of this Act, the Secretary of Ag18 riculture and Sealaska shall negotiate in good faith to de19 velop a binding agreement— 

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

21 and related transportation facilities by Sealaska; and 

22 (2) the use of Sealaska roads and related trans23 portation facilities by the Forest Service. 

24 (c) TRADITIONAL TRADE AND MIGRATION ROUTES.— 

25 (1) IDENTIFICATION OF ROUTES.— 


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1 (A) THE INSIDE PASSAGE.—The route from 

2 Yakutat to Dry Bay, as generally depicted on the 

3 map entitled ‘‘Traditional Trade and Migration 

4 Route, Neix naax aan na ́x—The Inside Passage’’ 

5 and dated April 22, 2013, shall be known as 

6 ‘‘Neix naax aan na ́x’’ (‘‘The Inside Passage’’). 

7 (B) CANOE ROAD.—The route from the Bay 

8 of Pillars to Port Camden, as generally depicted 

9 on the map entitled ‘‘Traditional Trade and Mi10 gration Route, Yakwdeiyı ́—Canoe Road’’ and 

11 dated April 22, 2013, shall be known as 

12 ‘‘Yakwdeiyı ́’’ (‘‘Canoe Road’’). 

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

14 Portage Bay to Duncan Canal, as generally de15 picted on the map entitled ‘‘Traditional Trade 

16 and Migration Route, Lingı ́t Deiyı ́—The Peo17 ple’s Road’’ and dated April 22, 2013, shall be 

18 known as ‘‘Lingı ́t Deiyı ́’’ (‘‘The People’s Road’’). 

19 (2) ACCESS TO TRADITIONAL TRADE AND MIGRA20 TION ROUTES.—The culturally and historically sig21 nificant trade and migration routes described in 

22 paragraph (1) shall be open to travel by Sealaska and 

23 the public in accordance with applicable law, subject 

24 to such terms, conditions, and special use authoriza25 tions as the Secretary of Agriculture may require. 


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1 (d) TONGASS NATIONAL FOREST YOUNG GROWTH

2 MANAGEMENT.— 

3 (1) IN GENERAL.—Notwithstanding subsection 

4 (m) of section 6 of the Forest and Rangeland Renew5 able Resources Planning Act of 1974 (16 U.S.C. 1604) 

6 and in addition to the authority provided under that 

7 subsection and the terms of section 705(a) of the Alas8 ka National Interest Lands Conservation Act (16 

9 U.S.C. 539d(a)), the Secretary of Agriculture may 

10 allow the harvest of trees prior to the culmination of 

11 mean annual increment of growth in areas that are 

12 available for commercial timber harvest under the 

13 Tongass National Forest Land and Resource Manage14 ment Plan to facilitate the transition from commer15 cial timber harvest of old growth stands. 

16 (2) LIMITATION.—Any sale of trees pursuant to 

17 the authority granted under paragraph (1) shall 

18 not— 

19 (A) exceed 15,000 acres during the 10-year 

20 period beginning on the date of enactment of this 

21 Act, with an annual maximum of 3,000 acres 

22 sold; 

23 (B) exceed a total of 50,000 acres, with an 

24 annual maximum of 5,000 acres sold after the 

25 first 10-year period; 


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1 (C) be advertised if the indicated rate is 

2 deficit (defined as the value of the timber is not 

3 sufficient to cover all logging and stumpage costs 

4 and provide a normal profit and risk allowance 

5 under the appraisal process of the Forest Serv6 ice) when appraised using a residual value ap7 praisal; or 

8 (D) apply to land withdrawn under section 

9 4(b). 

10 (3) APPLICABLE LAW.—Nothing in this Act af11 fects the requirement under section 705(a) of the Alas12 ka National Interest Lands Conservation Act (16 

13 U.S.C. 539d(a)) that the Forest Service seek to meet 

14 demand for timber from the Tongass National Forest. 

15 (e) EFFECT ON OTHER LAWS.— 

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

17 duty of the Secretary to convey land to— 

18 (A) the State under the Act of July 7, 1958 

19 (commonly known as the ‘‘Alaska Statehood 

20 Act’’) (48 U.S.C. note prec. 21; Public Law 85– 

21 508); or 

22 (B) a Native Corporation under— 

23 (i) the Alaska Native Claims Settle24 ment Act (43 U.S.C. 1601 et seq.); or 


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1 (ii) the Alaska Land Transfer Accel2 eration Act (43 U.S.C. 1611 note; Public 

3 Law 108–452). 

4 (2) CONVEYANCES.—The Secretary shall prompt5 ly proceed with the conveyance of all land necessary 

6 to fulfill the final entitlement of all Native Corpora7 tions in accordance with— 

8 (A) the Alaska Native Claims Settlement 

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

10 (B) the Alaska Land Transfer Acceleration 

11 Act (43 U.S.C. 1611 note; Public Law 108–452). 

12 (3) FISH AND WILDLIFE.—Nothing in this Act 

13 enlarges or diminishes the responsibility and author14 ity of the State with respect to the management of 

15 fish and wildlife on public land in the State. 

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

17 in accordance with section 3(a)— 

18 (1) the escrow requirements of section 2 of Public 

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

20 proceeds (including interest) derived from the land 

21 withdrawn under section 4(b) from the date of receipt 

22 of the resolution; and 

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

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


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

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

4 1615), but not conveyed. 

5 (g) MAPS.— 

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

7 Act shall be available in the appropriate offices of the 

8 Secretary and the Secretary of Agriculture. 

9 (2) CORRECTIONS.—The Secretary of Agriculture 

10 may make any necessary correction to a clerical or 

11 typographical error in a map referred to in this Act. 

12 SEC. 7. CONSERVATION AREAS. 

13 (a) LUD II MANAGEMENT AREAS.—If Sealaska files 

14 a resolution in accordance with section 3(a), section 508 

15 of the Alaska National Interest Lands Conservation Act 

16 (Public Law 96–487; 104 Stat. 4428) is amended by adding 

17 at the end the following: 

18 ‘‘(13) BAY OF PILLARS.—Certain land which 

19 comprises approximately 20,863 acres, as generally 

20 depicted on the map entitled ‘Bay of Pillars LUD II 

21 Management Area—Proposed’ and dated June 14, 

22 2013. 

23 ‘‘(14) KUSHNEAHIN CREEK.—Certain land 

24 which comprises approximately 33,613 acres, as gen25 erally depicted on the map entitled ‘Kushneahin 


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1 Creek LUD II Management Area—Proposed’ and 

2 dated June 14, 2013. 

3 ‘‘(15) NORTHERN PRINCE OF WALES.—Certain 

4 land which comprises approximately 8,728 acres, as 

5 generally depicted on the map entitled ‘Northern 

6 Prince of Wales LUD II Management Area—Pro7 posed’ and dated June 14, 2013. 

8 ‘‘(16) WESTERN KOSCIUSKO.—Certain land 

9 which comprises approximately 8,012 acres, as gen10 erally depicted on the map entitled ‘Western Kos11 ciusko LUD II Management Area—Proposed’ and 

12 dated June 14, 2013. 

13 ‘‘(17) EASTERN KOSCIUSKO.—Certain land 

14 which comprises approximately 1,664 acres, as gen15 erally depicted on the map entitled ‘Eastern Kos16 ciusko LUD II Management Area—Proposed’ and 

17 dated June 14, 2013. 

18 ‘‘(18) SARKAR LAKES.—Certain land which com19 prises approximately 24,509 acres, as generally de20 picted on the map entitled ‘Sarkar Lakes LUD II 

21 Management Area—Proposed’ and dated June 14, 

22 2013. 

23 ‘‘(19) HONKER DIVIDE.—Certain land which 

24 comprises approximately 19,805 acres, as generally 

25 depicted on the map entitled ‘Honker Divide LUD II 


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1 Management Area—Proposed’ and dated June 14, 

2 2013. 

3 ‘‘(20) EEK LAKE AND SUKKWAN ISLAND.—Cer4 tain land which comprises approximately 34,873 

5 acres, as generally depicted on the map entitled ‘Eek 

6 Lake and Sukkwan Island LUD II Management 

7 Area—Proposed’ and dated June 14, 2013.’’. 

8 (b) NO BUFFER ZONES.— 

9 (1) IN GENERAL.—The designation of the con10 servation areas by paragraphs (13) through (20) of 

11 section 508 of the Alaska National Interest Lands 

12 Conservation Act (Public Law 96–487; 104 Stat. 

13 4428) (as added by subsection (a)) (referred to in this 

14 subsection as the ‘‘conservation areas’’) is not in15 tended to lead to the creation of protective perimeters 

16 or buffer zones around the conservation areas. 

17 (2) OUTSIDE ACTIVITIES.—The fact that activi18 ties outside of the conservation areas are not con19 sistent with the purposes of the conservation areas or 

20 can be seen or heard within the conservation areas 

21 shall not preclude the activities or uses outside the 

22 boundary of the conservation areas. 


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Calendar No. 176 

113TH CONGRESS 

1ST SESSION S. 340 

[Report No. 113–98] 

A BILL 

To provide for the settlement of certain claims 

and for other purposes. under the Alaska Native Claims Settlement Act, 

SEPTEMBER 10, 2013 

Reported with an amendment 


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