I 
107TH CONGRESS 
2D SESSION 
H. R. 5452
To resolve certain conveyances and provide for alternative land selections 
under the Alaska Native Claims Settlement Act related to Cape Fox 
Corporation and Sealaska Corporation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 24, 2002
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To resolve certain conveyances and provide for alternative 
land selections under the Alaska Native Claims Settle-
ment Act related to Cape Fox Corporation and Sealaska 
Corporation, and for other purposes.
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 ‘‘Cape Fox Land Enti-
tlement Adjustment Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following:
(1) Cape Fox Corporation (Cape Fox) is an 
Alaska Native Village Corporation organized pursu-
ant to the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.) for the Native Village of 
Saxman. 
(2) As with other village corporations organized 
pursuant to the Alaska Native Claims Settlement 
Act in southeast Alaska, Cape Fox was limited to se-
lecting 23,040 acres under section 16 of the Alaska 
Native Claims Settlement Act. 
(3) Except for Cape Fox, all other village cor-
porations organized pursuant to the Alaska Native 
Claims Settlement Act in southeast Alaska were re-
stricted from selecting land within two miles of a 
home rule city. 
(4) To protect the watersheds in the vicinity of 
Ketchikan, Cape Fox was restricted from selecting 
land within six miles of the boundary of the home 
rule City of Ketchikan under section 22(l) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 
1621(l)). 
(5) The six mile restriction damaged Cape Fox 
by precluding the corporation from selecting valuable 
timber land, industrial sites, and other commercial 
property, not only in its core township but in sur-
rounding land far removed from Ketchikan and its 
watershed. 
(6) As a result of the six mile restriction, only 
the remote mountainous northeast corner of Cape 
Fox’s core township, which is nonproductive and of 
no known economic value, was available for selection 
by the corporation. Selection of this parcel was, how-
ever, mandated by section 16(b) of the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1615(b)). 
(7) Cape Fox’s land selections were further lim-
ited by the fact that the Annette Island Indian Res-
ervation is within its selection area, and those lands 
were unavailable for selection under the Alaska Na-
tive Claims Settlement Act. Cape Fox is the only vil-
lage corporation organized pursuant to the Alaska 
Native Claims Settlement Act affected by this re-
striction. 
(8) Adjustment of Cape Fox’s selections and 
conveyances of land under the Alaska Native Claims 
Settlement Act requires adjustment of Sealaska Cor-
poration’s (Sealaska) selections and conveyances to 
avoid creation of additional split estate between Na-
tional Forest System surface land and Sealaska sub-
surface land.
(9) There is an additional need to resolve exist-
ing areas of Sealaska/Tongass split estate, in which 
Sealaska holds title or conveyance rights to several 
thousand acres of subsurface land that encumber 
management of Tongass National Forest surface 
land. 
(10) The Tongass National Forest land identi-
fied in this Act for selection by and conveyance to 
Cape Fox and Sealaska, subject to valid existing 
rights, provides a means to resolve some of the Cape 
Fox and Sealaska Alaska Native Claims Settlement 
Act land entitlement issues without significantly af-
fecting Tongass National Forest resources, uses, or 
values. 
(11) Adjustment of Cape Fox’s selections and 
conveyances of land under the Alaska Native Claims 
Settlement Act through the provisions of this Act, 
and the related adjustment of Sealaska’s selections 
and conveyances hereunder, are in accordance with 
the purposes of the Alaska Native Claims Settlement 
Act and otherwise in the public interest. 
SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR 
CERTAIN LAND. 
Notwithstanding section 16(b) of the Alaska Native 
Claims Settlement Act (43 U.S. C. 1615(b)), Cape Fox
shall not be required to select or receive conveyance of the 
approximately 160 acres of Federal unconveyed land with-
in section 1, T. 75 S., R. 91 E., C.R.M. 
SEC. 4. SELECTION AND CONVEYANCE OUTSIDE EXTERIOR 
SELECTION BOUNDARY. 
(a) SELECTION OF SURFACE ESTATE.—
(1) IN GENERAL.—In addition to land made 
available for selection under the Alaska Native 
Claims Settlement Act, not later than 2 years after 
the date of the enactment of this Act, Cape Fox may 
select the approximately 99 acres of the surface es-
tate of Tongass National Forest land outside Cape 
Fox’s current exterior selection boundary described 
in paragraph (2). 
(2) LAND DESCRIPTION.—The land referred to 
in paragraph (a) is described as follows: 
T. 73 S., R. 90 E., C.R.M. 
Section 33: SW portion of SE 1/4: 38 
acres. 
Section 33: NW portion of SE 1/4: 13 
acres. 
Section 33: SE 1/4 of SE 1/4: 40 acres. 
Section 33: SE 1/4 of SW 1/4: 8 acres. 
(b) CONVEYANCE OF SUBSURFACE ESTATE.—Upon 
conveyance to Cape Fox of the surface estate to the land
described in subsection (a)(2), the Secretary of the Inte-
rior shall convey to Sealaska the subsurface estate to that 
land. 
(c) TIMING.—The Secretary of the Interior shall com-
plete the conveyances to Cape Fox and Sealaska under 
this section not later than 180 days after the Secretary 
of the Interior receives written notice of the Cape Fox se-
lection under subsection (a). 
SEC. 5. EXCHANGE OF LAND BETWEEN CAPE FOX AND THE 
TONGASS NATIONAL FOREST. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
offer, and if accepted by Cape Fox shall exchange, the 
Federal land described in subsection (b) for land and in-
terests therein identified by Cape Fox under subsection 
(c) and, to the extent necessary, land and interests therein 
identified under subsection (d). 
(b) LAND TO BE EXCHANGED TO CAPE FOX.—The 
land to be offered to Cape Fox is Tongass National Forest 
land comprising approximately 2,663.9 acres in T. 36 S., 
R. 62 E., C.R.M. and T. 35 S., R. 62 E., C.R.M., as des-
ignated upon a map entitled ‘‘Proposed Kensington 
Project Land Exchange’’, dated March 18, 2002, and 
available for inspection in the Forest Service Region 10 
regional office in Juneau, Alaska.
(c) LAND TO BE EXCHANGED
TO
THE UNITED 
STATES.—
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, Cape Fox may 
identify, in writing to the Secretary of Agriculture 
and the Secretary of the Interior, the land and inter-
ests in land that Cape Fox proposes to exchange for 
the Federal land described in subsection (b). The 
land and interests in land shall be identified from 
land previously conveyed to Cape Fox comprising 
approximately 2,900 acres and designated as parcels 
A–1 to A–3, B–1 to B–3, and C upon a map enti-
tled ‘‘Cape Fox Corporation ANCSA Land Ex-
change Proposal,’’ dated March 15, 2002, and avail-
able for inspection in the Forest Service Region 10 
regional office in Juneau, Alaska. 
(2) CONDITIONS FOR PARCELS.—Land identi-
fied for exchange within each parcel shall abut Na-
tional Forest System land and be in reasonably com-
pact tracts. 
(3) EASEMENT.—The land identified for ex-
change shall includes a public trail easement des-
ignated as ‘‘D’’ on the map described in paragraph 
(1), unless the Secretary of Agriculture agrees other-
wise. The value of the easement shall be included in
determining the total value of land conveyed to the 
United States. 
(d) VALUATION
OF EXCHANGE
LAND.—The Sec-
retary of Agriculture shall determine whether the land 
identified by Cape Fox under subsection (c) is equal in 
value to the land described in subsection (b). If the land 
identified under subsection (c) is determined to have insuf-
ficient value to equal the value of the land described in 
subsection (b), Cape Fox and the Secretary shall mutually 
identify additional Cape Fox land for exchange sufficient 
to equalize the value of land conveyed to Cape Fox. Such 
land shall be contiguous to adjacent National Forest Sys-
tem land and in reasonably compact tracts. 
(e) CONDITIONS.—Notwithstanding section 14(f) of 
the Alaska Native Claims Settlement Act, the offer and 
conveyance of Federal land to Cape Fox in the exchange 
shall be of the surface and subsurface estate. Such offer 
and conveyance shall be subject to valid existing rights 
and all provisions of section 14(g) of such Act. 
(f) TIMING.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Agriculture 
shall attempt to enter into an agreement with Cape Fox 
to consummate the exchange consistent with this Act. The 
land identified in the exchange agreement shall be ex-
changed by conveyance at the earliest possible date after
the exchange agreement is signed. Subject only to convey-
ance from Cape Fox to the United States of all its right, 
title, and interest in the Cape Fox land included in the 
exchange consistent with this Act, the Secretary of the In-
terior shall complete the interim conveyance to Cape Fox 
of the Federal land included in the exchange not later than 
180 days after the execution of the exchange agreement 
by Cape Fox and the Secretary of Agriculture. 
SEC. 6. EXCHANGE OF LAND BETWEEN SEALASKA AND THE 
TONGASS NATIONAL FOREST. 
(a) IN GENERAL.—Upon conveyance of the Cape Fox 
land included in the exchange under section 5 and convey-
ance and relinquishment by Sealaska, in accordance with 
this Act, of the land and interests in land described in 
subsection (c), the Secretary of the Interior shall convey 
to Sealaska the Federal land identified for exchange under 
subsection (b). 
(b) LAND TO BE EXCHANGED TO SEALASKA.—
(1) SELECTION
AREA.—The land to be ex-
changed to Sealaska is to be selected by Sealaska 
from Tongass National Forest land comprising ap-
proximately 9,329 acres in T. 36 S., R. 62 E., 
C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., 
Range 62 E., C.R.M., as designated upon a map en-
titled ‘‘Proposed Sealaska Corporation Land Ex-
change Kensington Lands Selection Area’’, dated 
April, 2002 and available for inspection in the For-
est Service Region 10 Regional Office in Juneau, 
Alaska. 
(2) NOTICE OF LAND SELECTION.—Not later 
than 60 days after receiving notice of the identifica-
tion by Cape Fox of the exchange land under section 
5(c), Sealaska may identify, in writing to the Secre-
taries of Agriculture and the Interior, the land that 
Sealaska selects to receive in exchange for the 
Sealaska land described in subsection (c). 
(3) CONDITIONS.—Land selected by Sealaska 
shall be in no more than 2 contiguous and reason-
ably compact tracts that abut the land described for 
exchange to Cape Fox in section 5(b). The exchange 
conveyance to Sealaska shall be of the surface and 
subsurface estate in the land selected and agreed to 
by the Secretary but subject to valid existing rights 
and all other provisions of section 14(g) of the Alas-
ka Native Claims Settlement Act. 
(4) EQUAL
VALUE.—The Secretary of Agri-
culture shall determine whether the selected land is 
equal in value to the land described in subsection (c) 
and may adjust the amount of selected land in order
to reach agreement with Sealaska regarding equal 
value.
(c) LAND TO BE EXCHANGED
TO
THE UNITED 
STATES.—The land and interests therein to be exchanged 
by Sealaska is—
(1) the subsurface estate underlying the Cape 
Fox exchange land described in section 5(c); 
(2) an additional approximately 2,506 acres of 
the subsurface estate underlying Tongass National 
Forest surface estate, described in Interim Convey-
ance No. 1673; and 
(3) rights to an additional approximately 2,698 
acres of subsurface estate of Tongass National For-
est land remaining to be conveyed to Sealaska from 
Group 1, 2, and 3 land as set forth in the Sealaska 
Corporation/United States Forest Service Split Es-
tate Exchange Agreement of November 26, 1991, at 
Schedule B, as modified on January 20, 1995. 
(d) TIMING.—The Secretary of Agriculture shall at-
tempt, not later than 90 days after receipt of the selection 
of land by Sealaska under subsection (b), to enter into 
an agreement with Sealaska to consummate the exchange 
consistent with this Act. The land identified in the ex-
change agreement shall be exchanged by conveyance at the 
earliest possible date after the exchange agreement is exe-
cuted. Subject only to the Cape Fox and Sealaska convey-
ances and relinquishments described in subsection (a), the 
Secretary of the Interior shall complete the interim con-
veyance to Sealaska of the Federal land selected for ex-
change not later than 180 days after execution of the 
agreement by Sealaska and the Secretary of Agriculture. 
(e) MODIFICATION OF AGREEMENT.—The executed 
exchange agreement under this section shall be considered 
a further modification of the Sealaska Corporation/United 
States Forest Service Split Estate Exchange Agreement, 
as ratified in section 17 of Public Law 102–415 (October 
14, 1992). 
SEC. 7. MISCELLANEOUS PROVISIONS. 
(a) EQUAL VALUE REQUIREMENT.—The exchanges 
described in this Act shall be of equal value. Cape Fox 
and Sealaska shall have the opportunity to present to the 
Secretary of Agriculture estimates of value of exchange 
land with supporting information. 
(b) TITLE.—Cape Fox and Sealaska shall convey and 
provide evidence of title satisfactory to the Secretary of 
Agriculture for their respective lands to be conveyed to 
the United States under this Act, subject only to excep-
tions, reservations, and encumbrances in the interim con-
veyance or patent from the United States or otherwise ac-
ceptable to the Secretary of Agriculture.
(c) HAZARDOUS SUBSTANCES.—Cape Fox, Sealaska, 
and the United States each shall not be subject to liability 
for the presence of any hazardous substance in land or 
interests in land solely as a result of any conveyance or 
transfer of the land or interests therein under this Act. 
(d) EFFECT ON ANCSA SELECTIONS.—Any convey-
ance of Federal surface or subsurface land to Cape Fox 
or Sealaska under this Act shall be considered, for all pur-
poses, land conveyed pursuant to the Alaska Native 
Claims Settlement Act. Nothing in this Act shall be con-
strued to change the total acreage of land entitlement of 
Cape Fox or Sealaska under the Alaska Native Claims 
Settlement Act. Cape Fox and Sealaska shall remain 
charged for any land they exchange under this Act and 
any land conveyed pursuant to section 4, but shall not be 
charged for any land received under sections 5 or 6. The 
exchanges described in this Act shall be considered, for 
all purposes, actions which lead to the issuance of convey-
ances to Native Corporations pursuant to the Alaska Na-
tive Claims Settlement Act. Land or interests therein 
transferred to the United States under this Act shall be-
come and be administered as part of the Tongass National 
Forest. 
(e) EFFECT
ON STATEHOOD SELECTIONS.—Land 
conveyed to or selected by the State of Alaska under the
Alaska Statehood Act (Public Law 85–508; 72 Stat. 339; 
48 U.S.C. note prec. 21) shall not be eligible for selection 
or conveyance under this Act without the consent of the 
State of Alaska. 
(f) MAPS.—The maps referred to in this Act shall 
be maintained on file in the Forest Service Region 10 Re-
gional Office in Juneau, Alaska. The acreages cited in this 
Act are approximate, and if there is any discrepancy be-
tween cited acreage and the land depicted on the specified 
maps, the maps shall control. The maps do not constitute 
an attempt by the United States to convey State or private 
land. 
(g) EASEMENTS.—Notwithstanding section 17(b) of 
the Alaska Native Claims Settlement Act, Federal land 
conveyed to Cape Fox or Sealaska pursuant to this Act 
shall be subject only to the reservation of public easements 
mutually agreed to and set forth in the exchange agree-
ments executed under this Act. The easements shall in-
clude easements necessary for access across the land con-
veyed under this Act for use of national forest or other 
public land. 
(h) OLD GROWTH RESERVES.—The Secretary of Ag-
riculture shall add an equal number of acres to old growth 
reserves on the Tongass National Forest as are trans-
ferred out of Federal ownership as a result of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATION. 
(a) DEPARTMENT OF AGRICULTURE.—There are au-
thorized to be appropriated to the Secretary of Agriculture 
such sums as may be necessary for—
(1) value estimation and related costs of ex-
changing land specified in this Act; and 
(2) road rehabilitation and habitat and timber 
stand improvement (including thinning and pruning) 
on land acquired by the United States under this 
Act. 
(b) DEPARTMENT OF THE INTERIOR.—There are au-
thorized to be appropriated to the Secretary of the Interior 
such sums as may be necessary for land surveys and con-
veyances pursuant to this Act.
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