Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Southeast Alaska Native 
Land Entitlement Finalization and Jobs Protection Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONSERVATION
SYSTEM
UNIT.—The term 
‘‘conservation system unit’’ has the meaning given the 
term in section 102 of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3102). 
(2) SEALASKA.—The term ‘‘Sealaska’’ means the 
Sealaska Corporation, a Regional Native Corporation 
created under the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1)(A) in 1971, Congress enacted the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 
to recognize and settle the aboriginal claims of Alaska 
Natives to land historically used by Alaska Natives 
for traditional, cultural, and spiritual purposes; and 
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(B) that Act declared that the land settlement 
‘‘should be accomplished rapidly, with certainty, in 
conformity with the real economic and social needs of 
Natives’’; 
(2) the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.)— 
(A) authorized the distribution of approxi-
mately $1,000,000,000 and 44,000,000 acres of 
land to Alaska Natives; and 
(B) provided for the establishment of Native 
Corporations to receive and manage the funds 
and that land to meet the cultural, social, and 
economic needs of Native shareholders; 
(3) under section 12 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1611), each Regional Cor-
poration, other than Sealaska (the Regional Corpora-
tion for southeast Alaska), was authorized to receive 
a share of land based on the proportion that the num-
ber of Alaska Native shareholders residing in the re-
gion of the Regional Corporation bore to the total 
number of Alaska Native shareholders, or the relative 
size of the area to which the Regional Corporation 
had an aboriginal land claim bore to the size of the 
area to which all Regional Corporations had aborigi-
nal land claims; 
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(4)(A) Sealaska, the Regional Corporation for 
southeast Alaska, 1 of the Regional Corporations with 
the largest number of Alaska Native shareholders, 
with more than 21 percent of all original Alaska Na-
tive shareholders, received less than 1 percent of the 
lands set aside for Alaska Natives, and received no 
land under section 12 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1611); 
(B) the Tlingit and Haida Indian Tribes of 
Alaska was 1 of the entities representing the Alaska 
Natives of southeast Alaska before the date of enact-
ment of the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.); and 
(C) Sealaska did not receive land in proportion 
to the number of Alaska Native shareholders, or in 
proportion to the size of the area to which Sealaska 
had an aboriginal land claim, in part because of a 
United States Court of Claims cash settlement to the 
Tlingit and Haida Indian Tribes of Alaska in 1968 
for land previously taken to create the Tongass Na-
tional Forest and Glacier Bay National Monument; 
(5) the 1968 Court of Claims cash settlement of 
$7,500,000 did not— 
(A) adequately compensate the Alaska Na-
tives of southeast Alaska for the significant 
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quantity of land and resources lost as a result of 
the creation of the Tongass National Forest and 
Glacier Bay National Monument or other losses 
of land and resources; or 
(B) justify the significant disparate treat-
ment of Sealaska under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1611) in 1971; 
(6)(A) while each other Regional Corporation re-
ceived a significant quantity of land under sections 
12 and 14 of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1611, 1613), Sealaska only received land 
under section 14(h) of that Act (43 U.S.C. 1613(h)); 
(B) section 14(h) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1613(h)) authorized the 
Secretary to withdraw and convey 2,000,000-acres of 
‘‘unreserved and unappropriated’’ public lands in 
Alaska from which Alaska Native selections could be 
made for historic sites, cemetery sites, Urban Cor-
poration land, Native group land, and Native Allot-
ments; 
(C) under section 14(h)(8) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1613(h)(8)), after 
selections are made under paragraphs (1) through (7) 
of that section, the land remaining in the 2,000,000- 
acre land pool is allocated based on the proportion 
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that the original Alaska Native shareholder popu-
lation of a Regional Corporation bore to the original 
Alaska Native shareholder population of all Regional 
Corporations; 
(D) the only Native land entitlement of Sealaska 
derives from a proportion of leftover land remaining 
from the 2,000,000-acre land pool, estimated as of the 
date of enactment of this Act at approximately 
1,700,000 acres; 
(E) because at the time of enactment of the Alas-
ka Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.) all public land in the Tongass National Forest 
had been reserved for purposes of creating the na-
tional forest, the Secretary was not able to withdraw 
any public land in the Tongass National Forest for 
selection by and conveyance to Sealaska; 
(F) at the time of enactment of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.) other 
public lands in southeast Alaska not located in the 
Tongass National Forest were not suitable for selec-
tion by and conveyance to Sealaska because such 
lands were located in Glacier Bay National Monu-
ment, were included in a withdrawal effected pursu-
ant to section 17(d)(2) of that Act (43 U.S.C. 
1616(d)(2)) and slated to become part of the 
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Wrangell-St. Elias National Park, or essentially con-
sisted of mountain tops; 
(G) Sealaska in 1975 requested that Congress 
amend the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.) to permit the Regional Corpora-
tion to select lands inside of the withdrawal areas es-
tablished for southeast Alaska Native villages under 
section 16 of that Act (43 U.S.C. 1615); and 
(H) in 1976, Congress amended section 16 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 
1615) to allow Sealaska to select lands under section 
14(h)(8) of that Act (43 U.S.C. 1613(h)(8)) from land 
located inside, rather than outside, the withdrawal 
areas established for southeast Alaska Native villages; 
(7) the 10 Alaska Native village withdrawal 
areas in southeast Alaska surround the Alaska Native 
communities of Yakutat, Hoonah, Angoon, Kake, 
Kasaan, Klawock, Craig, Hydaburg, Klukwan, and 
Saxman; 
(8)(A) the existing conveyance requirements of 
the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.) for southeast Alaska limit the land eligi-
ble for conveyance to Sealaska to the original with-
drawal areas surrounding 10 Alaska Native villages 
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in southeast Alaska, which precludes Sealaska from 
selecting land located— 
(i) in any withdrawal area established for 
the Urban Corporations for Sitka and Juneau, 
Alaska; or 
(ii) outside the 10 Alaska Native village 
withdrawal areas; and 
(B) unlike other Regional Corporations, Sealaska 
is not authorized to request land located outside the 
withdrawal areas described in subparagraph (A) if 
the withdrawal areas are insufficient to complete the 
land entitlement of Sealaska under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.); 
(9)(A) the deadline for applications for selection 
of cemetery sites and historic places on land outside 
withdrawal areas established under section 14 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 
1613) was July 1, 1976; 
(B)(i) as of that date, the Bureau of Land Man-
agement notified Sealaska that the total entitlement of 
Sealaska would be approximately 200,000 acres; and 
(ii) Sealaska made entitlement allocation deci-
sions for cultural sites and economic development 
sites based on that original estimate; and 
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(C) as a result of the Alaska Land Transfer Ac-
celeration Act (Public Law 108–452; 118 Stat. 3575) 
and subsequent related determinations and actions of 
the Bureau of Land Management, it became clear 
within the last decade that Sealaska will receive sig-
nificantly more than 200,000 acres pursuant to the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 
et seq.); 
(10) in light of the revised Bureau of Land Man-
agement estimate of the total number of acres that 
Sealaska will receive pursuant to the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.), and 
in consultation with Members of Alaska’s congres-
sional delegation, Sealaska and its shareholders be-
lieve that it is appropriate to allocate more of the en-
titlement of Sealaska to— 
(A) the acquisition of places of sacred, cul-
tural, traditional, and historical significance; 
(B) the acquisition of sites with traditional 
and recreational use value and sites suitable for 
renewable energy development; and 
(C) the acquisition of lands that are not 
within the watersheds of Native and non-Native 
communities and are suitable economically and 
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environmentally for natural resource develop-
ment; 
(11)(A) pursuant to section 11(a)(1) of the Alas-
ka Native Claims Settlement Act (43 U.S.C. 
1610(a)(1)), Sealaska was not authorized to select 
under section 14(h)(1) of that Act (43 U.S.C. 
1613(h)(1)) any site within Glacier Bay National 
Park, despite the abundance of cultural sites within 
that Park; 
(B) Sealaska seeks cooperative agreements to en-
sure that cultural sites within Glacier Bay National 
Park are subject to cooperative management by 
Sealaska, Village and Urban Corporations, and feder-
ally recognized tribes with ties to the cultural sites 
and history of the Park; and 
(C) Congress recognizes that there is an existing 
Memorandum of Understanding (MOU) between the 
Park Service and the Hoonah Indian Association, 
and does not intend to circumvent the MOU; rather 
the intent is to ensure that this and similar mecha-
nisms for cooperative management in Glacier Bay are 
required by law; 
(12)(A) the cemetery sites and historic places 
conveyed to Sealaska pursuant to section 14(h)(1) of 
the Alaska Native Claims Settlement Act (43 U.S.C. 
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1613(h)(1)) are subject to a restrictive covenant not 
required by the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) that hinders the ability of 
Sealaska to use the sites for cultural, educational, or 
research purposes for Alaska Natives and others; 
(B) historic sites managed by the Forest Service 
are not subject to the limitations referred to in sub-
paragraph (A); and 
(C) Alaska Natives of southeast Alaska should be 
permitted to use cemetery sites and historic places in 
a manner that is— 
(i) consistent with the sacred, cultural, tra-
ditional, or historic nature of the site; and 
(ii) not inconsistent with the management 
plans for adjacent public land; 
(13) 44 percent (820,000 acres) of the 10 Alaska 
Native village withdrawal areas established under the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 
et seq.) described in paragraphs (7) and (8) are com-
posed of salt water and not available for selection; 
(14) of land subject to the selection rights of 
Sealaska, 110,000 acres are encumbered by guber-
natorial consent requirements under the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.); 
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(15) in each withdrawal area, there exist factors 
that limit the ability of Sealaska to select sufficient 
land, and, in particular, economically viable land, to 
fulfill the land entitlement of Sealaska, including fac-
tors such as— 
(A) with respect to the Yakutat withdrawal 
area— 
(i) 46 percent of the area is salt water; 
(ii) 10 sections (6,400 acres) around 
the Situk Lake were restricted from selec-
tion, with no consideration provided for the 
restriction; and 
(iii)(I) 70,000 acres are subject to a 
gubernatorial consent requirement before se-
lection; and 
(II) Sealaska received no consideration 
with respect to the consent restriction; 
(B) with respect to the Hoonah withdrawal 
area, 51 percent of the area is salt water; 
(C) with respect to the Angoon withdrawal 
area— 
(i) 120,000 acres of the area is salt 
water; 
(ii) Sealaska received no consideration 
regarding the prohibition on selecting land 
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from the 80,000 acres located within the Ad-
miralty Island National Monument; and 
(iii)(I) the Village Corporation for 
Angoon was allowed to select land located 
outside the withdrawal area on Prince of 
Wales Island, subject to the condition that 
the Village Corporation shall not select land 
located on Admiralty Island; but 
(II) no alternative land adjacent to the 
out-of-withdrawal land of the Village Cor-
poration was made available for selection 
by Sealaska; 
(D) with respect to the Kake withdrawal 
area— 
(i) 64 percent of the area is salt water; 
and 
(ii) extensive timber harvesting by the 
Forest Service occurred in the area before 
1971 that significantly reduced the value of 
land available for selection by, and convey-
ance to, Sealaska; 
(E) with respect to the Kasaan withdrawal 
area— 
(i) 54 percent of the area is salt water; 
and 
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(ii) the Forest Service previously har-
vested in the area; 
(F) with respect to the Klawock withdrawal 
area— 
(i) the area consists of only 5 town-
ships, as compared to the usual withdrawal 
area of 9 townships, because of the prox-
imity of the Klawock withdrawal area to 
the Village of Craig, which reduces the selec-
tion area by 92,160 acres; and 
(ii) the Klawock and Craig withdrawal 
areas are 35 percent salt water; 
(G) with respect to the Craig withdrawal 
area, the withdrawal area consists of only 6 
townships, as compared to the usual withdrawal 
area of 9 townships, because of the proximity of 
the Craig withdrawal area to the Village of 
Klawock, which reduces the selection area by 
69,120 acres; 
(H) with respect to the Hydaburg with-
drawal area— 
(i) 36 percent of the area is salt water; 
and 
(ii) Sealaska received no consideration 
under the Haida Land Exchange Act of 
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1986 (Public Law No. 99–664; 100 Stat. 
4303) for relinquishing selection rights to 
land within the withdrawal area that the 
Haida Corporation exchanged to the Forest 
Service; 
(I) with respect to the Klukwan withdrawal 
area— 
(i) 27 percent of the area is salt water; 
and 
(ii) the withdrawal area is only 70,000 
acres, as compared to the usual withdrawal 
area of 207,360 acres, which reduces the se-
lection area by 137,360 acres; and 
(J) with respect to the Saxman withdrawal 
area— 
(i) 29 percent of the area is salt water; 
(ii) Sealaska received no consideration 
for the 50,576 acres within the withdrawal 
area adjacent to the first-class city of Ketch-
ikan that were excluded from selection; 
(iii) Sealaska received no consideration 
with respect to the 1977 amendment to the 
Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.) requiring gubernatorial 
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consent for selection of 58,000 acres in that 
area; and 
(iv) 23,888 acres are located within the 
Annette Island Indian Reservation for the 
Metlakatla Indian Tribe and are not avail-
able for selection; 
(16) the selection limitations and guidelines ap-
plicable to Sealaska under the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.)— 
(A) are inequitable and inconsistent with 
the purposes of that Act because there is insuffi-
cient land remaining in the withdrawal areas to 
meet the traditional, cultural, and socioeconomic 
needs of the shareholders of Sealaska; and 
(B) make it difficult for Sealaska to select— 
(i) places of sacred, cultural, tradi-
tional, and historical significance; 
(ii) sites with traditional and recre-
ation use value and sites suitable for renew-
able energy development; and 
(iii) lands that meet the real economic 
needs of the shareholders of Sealaska; 
(17) unless Sealaska is allowed to select land 
outside designated withdrawal areas in southeast 
Alaska, Sealaska will not be able to— 
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(A) complete the land entitlement selections 
of Sealaska under the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.) in a man-
ner that meets the cultural, social, and economic 
needs of Native shareholders; 
(B) avoid land selections in watersheds that 
are the exclusive drinking water supply for re-
gional communities, support world class salmon 
streams, have been identified as important habi-
tat, or would otherwise be managed by the Forest 
Service as roadless and old growth forest re-
serves; 
(C) secure ownership of places of sacred, 
cultural, traditional, and historical importance 
to the Alaska Natives of southeast Alaska; and 
(D) continue to support forestry jobs and 
economic opportunities for Alaska Natives and 
other residents of rural southeast Alaska; 
(18)(A) the rate of unemployment in southeast 
Alaska exceeds the statewide rate of unemployment on 
a non-seasonally adjusted basis; 
(B) in January 2011, the Alaska Department of 
Labor and Workforce Development reported the unem-
ployment rate for the Prince of Wales—Outer Ketch-
ikan census area at approximately 16.2 percent; 
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(C) in October 2007, the Alaska Department of 
Labor and Workforce Development projected popu-
lation losses between 1996 and 2030 for the Prince of 
Wales—Outer Ketchikan census area at 56.6 percent; 
(D) official unemployment rates severely under-
report the actual level of regional unemployment, par-
ticularly in Native villages; and 
(E) additional job losses will exacerbate out-
migration from Native and non-Native communities 
in southeast Alaska; 
(19) Sealaska has played, and is expected to con-
tinue to play, a significant role in the health of the 
southeast Alaska economy; 
(20) despite the small land base of Sealaska as 
compared to other Regional Corporations (less than 1 
percent of the total quantity of land allocated pursu-
ant to the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.)), Sealaska has— 
(A) provided considerable benefits to Alaska 
Native shareholders; 
(B) supported hundreds of jobs for Alaska 
Native shareholders and non-shareholders in 
southeast Alaska for more than 30 years; and 
(C) been a significant economic force in 
southeast Alaska; 
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(21) pursuant to the revenue sharing provisions 
of section 7(i) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1606(i)), Sealaska has distributed 
more than $300,000,000 during the period beginning 
on January 1, 1971, and ending on December 31, 
2005, to Native Corporations throughout the State of 
Alaska from the development of natural resources, 
which accounts for 42 percent of the total revenues 
shared under that section during that period; 
(22) resource development operations maintained 
by Sealaska— 
(A) support hundreds of jobs in the south-
east Alaska region; 
(B) make timber available to local and do-
mestic sawmills and other wood products busi-
nesses such as guitar manufacturers; 
(C) support firewood programs for local 
communities; 
(D) support maintenance of roads utilized 
by local communities for subsistence and recre-
ation uses; 
(E) support development of new biomass en-
ergy opportunities in southeast Alaska, reducing 
dependence on high-cost diesel fuel for the gen-
eration of energy; 
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(F) provide start-up capital for innovative 
business models in southeast Alaska that create 
new opportunities for non-timber economic devel-
opment in the region, including support for re-
newable biomass initiatives, Alaska Native arti-
sans, and rural mariculture farming; and 
(G) support Native education and cultural 
and language preservation activities; 
(23) if the resource development operations of 
Sealaska cease on land appropriate for those oper-
ations, there will be a significant negative impact 
on— 
(A) southeast Alaska Native shareholders; 
(B) the cultural preservation activities of 
Sealaska; 
(C) the economy of southeast Alaska; and 
(D) the Alaska Native community that ben-
efits from the revenue-sharing requirements 
under the Alaska Native claims Settlement Act 
(43 U.S.C. 1601 et seq.); 
(24) it is critical that the remaining land enti-
tlement conveyances to Sealaska under the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 
are fulfilled to continue to meet the economic, social, 
and cultural needs of the Alaska Native shareholders 
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of southeast Alaska and the Alaska Native community 
throughout Alaska; 
(25) in order to realize cultural preservation 
goals while also diversifying economic opportunities, 
Sealaska should be authorized to select and receive 
conveyance of— 
(A) sacred, cultural, traditional, and his-
toric sites and other places of traditional cul-
tural significance, including traditional and cus-
tomary trade and migration routes, to facilitate 
the perpetuation and preservation of Alaska Na-
tive culture and history; 
(B) other sites with traditional and recre-
ation use value and sites suitable for renewable 
energy development to facilitate appropriate 
tourism and outdoor recreation enterprises and 
renewable energy development for rural southeast 
Alaska communities; and 
(C) lands that are suitable economically 
and environmentally for natural resource devel-
opment; 
(26) on completion of the conveyances of land of 
Sealaska to fulfill the full land entitlement of 
Sealaska under the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.), the encumbrances on 
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327,000 acres of Federal land created by the with-
drawal of land for selection by Native Corporations 
in southeast Alaska should be removed, which will fa-
cilitate thorough and complete planning and efficient 
management relating to national forest land in south-
east Alaska by the Forest Service; 
(27) although the Tribal Forest Protection Act 
(25 U.S.C. 3101 note; Public Law 108–278) defines 
the term ‘‘Indian tribe’’ to include Indian tribes 
under section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b), a term 
which includes ‘‘any Alaska Native village or regional 
or village corporation as defined in or established 
pursuant to the Alaska Native Claims Settlement Act 
. . .’’, the Tribal Forest Protection Act does not define 
the term ‘‘Indian forest land or rangeland’’ to include 
lands owned by Alaska Native Corporations, includ-
ing Sealaska, which are the primary Indian forest 
land owners in Alaska, and therefore, the Tribal For-
est Protection Act should be amended in a manner 
that will— 
(A) permit Native Corporations, including 
Sealaska, as Indian forest land owners in Alas-
ka, to work with the Secretary of Agriculture 
under the Tribal Forest Protection Act to address 
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forest fire and insect infestation issues, including 
the spread of the spruce bark beetle in southeast 
and southcentral Alaska, which threaten the 
health of the Native forestlands; and 
(B) ensure that Native Corporations, in-
cluding Sealaska, can participate in programs 
administered by the Secretary of Agriculture 
under the Tribal Forest Protection Act without 
including Native Corporations under the defini-
tion in that Act of ‘‘Indian forest land or range-
land’’ or otherwise amending that Act in a man-
ner that validates, invalidates, or otherwise af-
fects any claim regarding the existence of Indian 
country in the State of Alaska; and 
(28) the National Historic Preservation Act (16 
U.S.C. 470 et seq.) defines the term ‘‘Indian tribe’’ to 
include any ‘‘Native village, Regional Corporation or 
Village Corporation, as those terms are defined in sec-
tion 3 of the Alaska Native Claims Settlement Act’’ 
but does not define the term ‘‘Tribal lands’’ to include 
lands owned by Alaska Native Corporations, thereby 
excluding from the National Historic Preservation 
Act cemetery sites and historical places transferred to 
Native Corporations, including Sealaska, pursuant to 
the Alaska Native Claims Settlement Act, and there-
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fore, the National Historic Preservation Act should be 
amended in a manner that will— 
(A) permit Native Corporations, including 
Sealaska, as owners of Indian cemetery sites and 
historical places in Alaska, to work with the Sec-
retary of the Interior under the National His-
toric Preservation Act to secure grants and other 
support to manage their own historic sites and 
programs pursuant to that Act; and 
(B) ensure that Native Corporations, in-
cluding Sealaska, can participate in programs 
administered by the Secretary of the Interior 
under the National Historic Preservation Act 
without including Native Corporations under the 
definition in that Act of ‘‘Tribal lands’’ or other-
wise amending that Act in a manner that vali-
dates, invalidates, or otherwise affects any claim 
regarding the existence of Indian country in the 
State of Alaska. 
(b) PURPOSE.—The purpose of this Act is to address 
the inequitable treatment of Sealaska by allowing Sealaska 
to select the remaining land entitlement of Sealaska under 
section 14 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1613) from designated Federal land in southeast 
Alaska located outside the 10 southeast Alaska Native vil-
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lage withdrawal areas in a manner that meets the cultural, 
social, and economic needs of Native shareholders, including 
the need to maintain jobs supported by Sealaska in rural 
southeast Alaska communities. 
SEC. 4. SELECTIONS IN SOUTHEAST ALASKA. 
(a) SELECTION BY SEALASKA.— 
(1) 
IN
GENERAL.—Notwithstanding 
section 
14(h)(8) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1613(h)(8)), Sealaska is authorized to se-
lect and receive conveyance of the remaining land en-
titlement of Sealaska under that Act (43 U.S.C. 1601 
et seq.) from Federal land located in southeast Alaska 
from each category described in subsections (b) and 
(c). 
(2) TREATMENT
OF
LAND
CONVEYED.—Land 
conveyed pursuant to this Act are to be treated as 
land conveyed pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.) subject to, but 
not limited to— 
(A) reservation of public easements across 
land pursuant to section 17(b) of the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1616(b)); 
(B) valid existing rights pursuant to section 
14(g) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1613(g)); and 
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(C) the land bank protections of section 
907(d) of the Alaska National Interest and 
Lands Conservation Act (43 U.S.C. 1636(d)). 
(b) WITHDRAWAL
OF LAND.—The following public 
land is withdrawn, subject to valid existing rights, from all 
forms of appropriation under public land laws, including 
the mining and mineral leasing laws, and from selection 
under the Act of July 7, 1958 (commonly known as the 
‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21; Public 
Law 85–508), and shall be available for selection by and 
conveyance to Sealaska to complete the remaining land en-
titlement of Sealaska under section 14(h)(8) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1613(h)(8)): 
(1) Land identified on the maps dated February 
1, 2011, and labeled ‘‘Attachment A (Maps 1 through 
8)’’. 
(2) Sites with traditional, recreational, and re-
newable energy use value, as identified on the map 
entitled ‘‘Sites with Traditional, Recreational, and 
Renewable Energy Use Value’’, dated February 1, 
2011, and labeled ‘‘Attachment D’’, subject to the con-
dition that not more than 5,000 acres shall be selected 
for those purposes. 
(3) Sites identified on the map entitled ‘‘Tradi-
tional and Customary Trade and Migration Routes’’, 
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dated February 1, 2011, and labeled ‘‘Attachment C’’, 
which includes an identification of— 
(A) a conveyance of land 25 feet in width, 
together with 1-acre sites at each terminus and 
at 8 locations along the route, with the route, lo-
cation, and boundaries of the conveyance de-
scribed on the map inset entitled ‘‘Yakutat to 
Dry Bay Trade and Migration Route’’ on the 
map entitled ‘‘Traditional and Customary Trade 
and Migration Routes’’, dated February 1, 2011, 
and labeled ‘‘Attachment C’’; 
(B) a conveyance of land 25 feet in width, 
together with 1-acre sites at each terminus, with 
the route, location, and boundaries of the convey-
ance described on the map inset entitled ‘‘Bay of 
Pillars to Port Camden Trade and Migration 
Route’’ on the map entitled ‘‘Traditional and 
Customary Trade and Migration Routes’’, dated 
February 1, 2011, and labeled ‘‘Attachment C’’; 
and 
(C) a conveyance of land 25 feet in width, 
together with 1-acre sites at each terminus, with 
the route, location, and boundaries of the convey-
ance described on the map inset entitled ‘‘Por-
tage Bay to Duncan Canal Trade and Migration 
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Route’’ on the map entitled ‘‘Traditional and 
Customary Trade and Migration Routes’’, dated 
February 1, 2011, and labeled ‘‘Attachment C’’. 
(c) SITES WITH SACRED, CULTURAL, TRADITIONAL, 
OR HISTORIC SIGNIFICANCE.—Subject to the criteria and 
procedures applicable to land selected pursuant to section 
14(h)(1) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1613(h)(1)) and set forth in the regulations promul-
gated at section 2653.5 of title 43, Code of Federal Regula-
tions (as in effect on the date of enactment of this Act), 
except as otherwise provided in this Act— 
(1) Sealaska shall have a right to identify up to 
3,600 acres of sites with sacred, cultural, traditional, 
or historic significance, including archeological sites, 
cultural landscapes, and natural features having cul-
tural significance; and 
(2) on identification of the land by Sealaska 
under paragraph (1), the identified land shall be— 
(A) withdrawn, subject to valid existing 
rights, from all forms of appropriation under 
public land laws, including the mining and min-
eral leasing laws, and from selection under the 
Act of July 7, 1958 (commonly known as the 
‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 
21; Public Law 85–508); and 
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(B) available for selection by and convey-
ance to Sealaska to complete the remaining land 
entitlement of Sealaska under section 14(h)(8) of 
the Alaska Native Claims Settlement Act (43 
U.S.C. 1613(h)(8)) subject to the conditions 
that— 
(i) no sites with sacred, cultural, tradi-
tional, or historic significance may be se-
lected from within a unit of the National 
Park System; and 
(ii) beginning on the date that is 15 
years after the date of enactment of this Act, 
Sealaska shall be limited to identifying not 
more than 360 acres of sites with sacred, 
cultural, traditional, or historic significance 
under this subsection. 
(d) FOREST DEVELOPMENT ROADS.—Sealaska shall 
receive from the United States, subject to all necessary State 
and Federal permits, nonexclusive easements to Sealaska to 
allow— 
(1) access on the forest development road and use 
of the log transfer site identified in paragraphs (3)(b), 
(3)(c) and (3)(d) of the patent numbered 50–85–0112 
and dated January 4, 1985; 
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(2) access on the forest development road identi-
fied in paragraphs (2)(a) and (2)(b) of the patent 
numbered 50–92–0203 and dated February 24, 1992; 
(3) access on the forest development road identi-
fied in paragraph (2)(a) of the patent numbered 50– 
94–0046 and dated December 17, 1993; 
(4) access on the forest development roads and 
use of the log transfer facilities identified on the maps 
dated February 1, 2011, and labeled ‘‘Attachment A 
(Maps 1 through 8)’’; 
(5) a reservation of a right to construct a new 
road to connect to existing forest development roads 
as generally identified on the maps identified in 
paragraph (4); and 
(6) access to and reservation of a right to con-
struct a new log transfer facility and log storage area 
at the location identified on the maps identified in 
paragraph (4). 
SEC. 5. CONVEYANCES TO SEALASKA. 
(a) TIMELINE FOR CONVEYANCE.— 
(1) IN
GENERAL.—Subject to paragraphs (2), 
(3), and (4), the Secretary shall work with Sealaska 
to develop a mutually agreeable schedule to complete 
the conveyance of land to Sealaska under this Act. 
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(2) FINAL PRIORITIES.—Consistent with the pro-
visions of section 403 of the Alaska Land Transfer 
Acceleration Act (43 U.S.C. 1611 note; Public Law 
108–452), not later than 18 months after the date of 
enactment of this Act, Sealaska shall submit to the 
Secretary the final, irrevocable priorities for selection 
of land withdrawn under section 4(b)(1). 
(3) SUBSTANTIAL COMPLETION REQUIRED.—Not 
later than two years after the date of selection by 
Sealaska of land withdrawn under section 4(b)(1), the 
Secretary shall substantially complete the conveyance 
of the land to Sealaska under this Act. 
(4) EFFECT.—Nothing in this Act shall interfere 
with or cause any delay in the duty of the Secretary 
to convey land to the State of Alaska under section 
6 of the Act of July 7, 1958 (commonly known as the 
‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. 21; 
Public Law 85–508). 
(b) EXPIRATION OF WITHDRAWALS.—On completion of 
the selection by Sealaska and the conveyances to Sealaska 
of land under subsection (a) in a manner that is sufficient 
to fulfill the land entitlement of Sealaska under section 
14(h)(8) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1613(h)(8))— 
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(1) the right of Sealaska to receive any land 
under that Act from within a withdrawal area estab-
lished under subsections (a) and (d) of section 16 of 
that Act shall be terminated; 
(2) the withdrawal areas set aside for selection 
by Native Corporations in southeast Alaska under 
subsections (a) and (d) of section 16 of that Act shall 
be rescinded; and 
(3) land located within a withdrawal area that 
is not conveyed to Sealaska or to a southeast Alaska 
Village Corporation or Urban Corporation shall be re-
turned to the unencumbered management of the For-
est Service as part of the Tongass National Forest. 
(c) LIMITATION.—Sealaska shall not select or receive 
under this Act any conveyance of land pursuant to para-
graphs (1) or (2) of section 4(b) located within any con-
servation system unit. 
(d) APPLICABLE EASEMENTS AND PUBLIC ACCESS.— 
(1) IN GENERAL.—In addition to the reservation 
of public easements under section 4(a)(2)(A), the con-
veyance to Sealaska of land withdrawn pursuant to 
paragraphs (1) and (3) of section 4(b) that are lo-
cated outside a withdrawal area designated under sec-
tion 16(a) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1615(a)) shall be subject to— 
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(A) a reservation for easements for public 
access on the public roads depicted on the maps 
dated February 1, 2011, and labeled ‘‘Attach-
ment A (Maps 1 through 8)’’; 
(B) a reservation for easements for public 
access on the temporary roads designated by the 
Forest Service as of the date of the enactment of 
this Act for the public access trails depicted on 
the maps described in subparagraph (A); and 
(C) the right of noncommercial public access 
for subsistence uses, consistent with title VIII of 
the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3111 et seq.), and recreational 
access, without liability to Sealaska, subject to— 
(i) the right of Sealaska to regulate ac-
cess to ensure public safety, to protect cul-
tural or scientific resources, and to provide 
environmental protection; and 
(ii) the condition that Sealaska shall 
post on any applicable property, in accord-
ance with State law, notices of the condi-
tions on use. 
(2) SACRED, CULTURAL, TRADITIONAL AND HIS-
TORIC SITES.—The conveyance to Sealaska of land 
withdrawn pursuant to section 4(c) that is located 
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outside of a withdrawal area designated under section 
16(a) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1615(a)) shall be subject to— 
(A) the right of public access across the con-
veyances where no reasonable alternative access 
around the land is available without liability to 
Sealaska; and 
(B) the right of Sealaska to regulate access 
across the conveyances to ensure public safety, to 
protect cultural or scientific resources, to provide 
environmental protection, or to prohibit activi-
ties incompatible with the use and enjoyment of 
the land by Sealaska, subject to the condition 
that Sealaska shall post on any applicable prop-
erty, in accordance with State law, notices of 
any such condition. 
(3) TRADITIONAL AND CUSTOMARY TRADE AND 
MIGRATION ROUTES.—The conveyance to Sealaska of 
land withdrawn pursuant to section 4(b)(3) that is 
located outside of a withdrawal area designated under 
section 16(a) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1615(a)) shall be subject to a require-
ment that Sealaska provide public access across such 
linear conveyances if an adjacent landowner or the 
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public has a legal right to use the adjacent private or 
public land. 
(4) SITES WITH TRADITIONAL, RECREATIONAL, 
AND RENEWABLE ENERGY USE VALUE.—The convey-
ance to Sealaska of land withdrawn pursuant to sec-
tion 4(b)(2) that is located outside of a withdrawal 
area designated under section 16(a) of the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1615(a)) shall 
be subject to— 
(A) the right of public access across the land 
without liability to Sealaska; and 
(B) the condition that public access across 
the land would not be unreasonably restricted or 
impaired. 
(5) EFFECT.—No right of access provided to any 
individual or entity (other than Sealaska) by this 
subsection— 
(A) creates any interest, other than an in-
terest retained by the United States, of such an 
individual or entity in the land conveyed to 
Sealaska in excess of that right of access; or 
(B) provides standing in any review of, or 
challenge to, any determination by Sealaska 
with respect to the management or development 
of the applicable land. 
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(e) CONDITIONS ON SACRED, CULTURAL, AND HIS-
TORIC SITES AND TRADITIONAL AND CUSTOMARY TRADE 
AND MIGRATION ROUTES.—The conveyance to Sealaska of 
land withdrawn pursuant to sections 4(b)(3) and 4(c)— 
(1) shall be subject to a covenant prohibiting any 
commercial timber harvest or mineral development on 
the land; 
(2) shall allow use of the land as described in 
subsection (f); and 
(3) shall not be subject to any additional restric-
tive covenant based on cultural or historic values, or 
any other restriction, encumbrance, or easement, ex-
cept as provided in sections 14(g) and 17(b) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 
1613(g), 1616(b)). 
(f) USES OF SACRED, CULTURAL, TRADITIONAL, AND 
HISTORIC
SITES
AND
TRADITIONAL
AND
CUSTOMARY 
TRADE AND MIGRATION ROUTES.—Any land conveyed to 
Sealaska from land withdrawn pursuant to sections 4(b)(3) 
and 4(c) may be used for— 
(1) preservation of cultural knowledge and tradi-
tions associated with the site; 
(2) historical, cultural, and scientific research 
and education; 
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(3) public interpretation and education regard-
ing the cultural significance of the site to Alaska Na-
tives; 
(4) protection and management of the site to 
preserve the natural and cultural features of the site, 
including cultural traditions, values, songs, stories, 
names, crests, and clan usage, for the benefit of future 
generations; and 
(5) site improvement activities for any purpose 
described in paragraphs (1) through (4), subject to the 
condition that the activities— 
(A) are consistent with the sacred, cultural, 
traditional, or historic nature of the site; and 
(B) are not inconsistent with the manage-
ment plans for adjacent public land. 
(g) TERMINATION OF RESTRICTIVE COVENANTS.— 
(1) IN GENERAL.—Each restrictive covenant re-
garding cultural or historical values with respect to 
any interim conveyance or patent for a historic or 
cemetery site issued to Sealaska pursuant to the Fed-
eral regulations contained in sections 2653.5(a) and 
2653.11 of title 43, Code of Federal Regulations (as 
in effect on the date of enactment of this Act), in ac-
cordance with section 14(h)(1) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1613(h)(1)), termi-
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nates as a matter of law on the date of enactment of 
this Act. 
(2) REMAINING CONDITIONS.—Land subject to a 
covenant described in paragraph (1) on the day before 
the date of enactment of this Act shall be subject to 
the conditions described in subsection (e). 
(3) RECORDS.—Sealaska shall be responsible for 
recording with the land title recorders office of the 
State of Alaska any modification to an existing con-
veyance of land under section 14(h)(1) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) 
as a result of this Act. 
(h) CONDITIONS ON SITES WITH TRADITIONAL, REC-
REATIONAL, AND RENEWABLE ENERGY USE VALUE.—Each 
conveyance of land to Sealaska from land withdrawn pur-
suant to section 4(b)(2) shall be subject to a covenant pro-
hibiting any commercial timber harvest or mineral develop-
ment. 
(i) ESCROW FUNDS FOR WITHDRAWN LAND.—On the 
withdrawal by this Act of land identified for selection by 
Sealaska, the escrow requirements of section 2 of Public 
Law 94–204 (43 U.S.C. 1613 note), shall thereafter apply 
to the withdrawn land. 
(j) GUIDING AND OUTFITTING SPECIAL USE PERMITS 
OR AUTHORIZATIONS.— 
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(1) IN GENERAL.—Consistent with the provisions 
of section 14(g) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1613(g)), except as modified 
herein, on land conveyed to Sealaska from land with-
drawn pursuant to sections 4(b)(1) and 4(b)(2), an 
existing holder of a guiding or outfitting special use 
permit or authorization issued by the Forest Service 
shall be entitled to its rights and privileges on the 
land for the remaining term of the permit, as of the 
date of conveyance to Sealaska, and for 1 subsequent 
10-year renewal of the permit, subject to the condition 
that the rights shall be considered a valid existing 
right reserved pursuant to section 14(g) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1613(g)), 
and shall be managed accordingly. 
(2) NOTICE
OF
COMMERCIAL
ACTIVITIES.— 
Sealaska, with respect to the holder of a guiding or 
outfitting special use permit or authorization under 
this subsection, and a permit holder referenced in this 
subsection, with respect to Sealaska, shall have an ob-
ligation to inform the other party of their respective 
commercial activities before engaging in the activities 
on land, which has been conveyed to Sealaska under 
this Act, subject to the permit or authorization. 
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(3) NEGOTIATION OF NEW TERMS.—Nothing in 
this subsection precludes Sealaska and a permit hold-
er under this subsection from negotiating new mutu-
ally agreeable permit terms that supersede the re-
quirements of— 
(A) this subsection; 
(B) section 14(g) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1613(g)); or 
(C) any deed covenant. 
(4) LIABILITY.—Sealaska shall bear no liability 
regarding use and occupancy pursuant to special use 
permits or authorizations on land selected or conveyed 
pursuant to this Act. 
SEC. 6. MISCELLANEOUS. 
(a) STATUS OF CONVEYED LAND.—Each conveyance 
of Federal land to Sealaska pursuant to this Act, and each 
Federal action carried out to achieve the purpose of this 
Act, shall be considered to be conveyed or acted on, as appli-
cable, pursuant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.). 
(b) ENVIRONMENTAL MITIGATION AND INCENTIVES.— 
Notwithstanding subsection (e) and (h) of section 5, all land 
conveyed to Sealaska pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.) and this Act shall 
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be considered to be qualified to receive or participate in, 
as applicable— 
(1) any federally authorized carbon sequestration 
program, ecological services program, or environ-
mental mitigation credit; and 
(2) any other federally authorized environmental 
incentive credit or program. 
(c) NO MATERIAL EFFECT ON FOREST PLAN.— 
(1) IN GENERAL.—Except as required by para-
graph (2), implementation of this Act, including the 
conveyance of land to Sealaska, alone or in combina-
tion with any other factor, shall not require an 
amendment of, or revision to, the Tongass National 
Forest Land and Resources Management Plan before 
the first revision of that Plan scheduled to occur after 
the date of enactment of this Act. 
(2) BOUNDARY ADJUSTMENTS.—The Secretary of 
Agriculture shall implement any land ownership 
boundary adjustments to the Tongass National Forest 
Land and Resources Management Plan resulting from 
the implementation of this Act through a technical 
amendment to that Plan. 
(d) TECHNICAL CORRECTIONS.— 
(1) TRIBAL FOREST PROTECTION.—Section 2 of 
the Tribal Forest Protection Act of 2004 (25 U.S.C. 
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3115a) is amended by adding at the end a new sub-
section (h): 
‘‘(h)(1) Land owned by an Alaska Native Corporation 
pursuant to the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.) that is forest land or formerly had a 
forest cover or vegetative cover that is capable of restoration 
shall be eligible for agreements and contracts authorized 
under this Act and administered by the Secretary. 
‘‘(2) Nothing in this subsection validates, invalidates, 
or otherwise affects any claim regarding the existence of In-
dian country (as defined in section 1151 of title 18, United 
States Code) in the State of Alaska.’’. 
(2) NATIONAL
HISTORIC
PRESERVATION.—Sec-
tion 101(d) of the National Historic Preservation Act 
(16 U.S.C. 470a(d)), is amended by adding at the end 
a new paragraph (7): 
‘‘(7)(A) Notwithstanding any other provision of law, 
an Alaska Native tribe, band, nation or other organized 
group or community, including a Native village, Regional 
Corporation, or Village Corporation, shall be eligible to par-
ticipate in all programs administered by the Secretary 
under this Act on behalf of Indian tribes, including, but 
not limited to, securing grants and other support to manage 
their own historic preservation sites and programs on lands 
held by the Alaska Native tribe, band, nation or other orga-
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nized group or community, including a Native village, Re-
gional Corporation, or Village Corporation. 
‘‘(B) Nothing in this paragraph validates, invalidates, 
or otherwise affects any claim regarding the existence of In-
dian country (as defined in section 1151 of title 18, United 
States Code) in the State of Alaska.’’. 
(e) EFFECT ON ENTITLEMENT.—Nothing in this Act 
shall have any effect upon the entitlement due to any Native 
Corporation, other than Sealaska, under— 
(1) the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.); or 
(2) the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3101 et seq.). 
SEC. 7. MAPS. 
(a) AVAILABILITY.—Each map referred to in this Act 
shall be maintained on file in— 
(1) the office of the Chief of the Forest Service; 
and 
(2) the office of the Secretary. 
(b) CORRECTIONS.—The Secretary or the Chief of the 
Forest Service may make any necessary correction to a cler-
ical or typographical error in a map referred to in this 
Act. 
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(c) TREATMENT.—No map referred to in this Act shall 
be considered to be an attempt by the Federal Government 
to convey any State or private land. 
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Union Calendar No. 188 
112TH CONGRESS 
1ST SESSION 
H. R. 1408 
[Report No. 112–280] 
A BILL 
To provide for the settlement of certain claims 
under the Alaska Native Claims Settlement Act, 
and for other purposes. 
NOVEMBER 10, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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