IB 
Union Calendar No. 189
108TH CONGRESS 
1ST SESSION H. R. 1899
[Report No. 108–313] 
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 
APRIL 30, 2003
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Resources 
OCTOBER 15, 2003
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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 of 2003’’. 
SEC. 2. FINDINGS. 
Congress finds that: 
(1) Cape Fox Corporation (Cape Fox) is an 
Alaska Native Village Corporation organized pursu-
ant to the Alaska Native Claims Settlement Act 
(ANCSA) (43 U.S.C. 1601 et seq.) for the Native 
Village of Saxman. 
(2) As with other ANCSA village corporations 
in Southeast Alaska, Cape Fox was limited to select-
ing 23,040 acres under section 16 of ANCSA. 
(3) Except for Cape Fox, all other Southeast 
Alaska ANCSA village corporations were restricted 
from selecting within two miles of a home rule city. 
(4) To protect the watersheds in the vicinity of 
Ketchikan, Cape Fox was restricted from selecting 
lands within six miles from the boundary of the 
home rule City of Ketchikan under section 22(1) of 
ANCSA (43 U.S.C. 1621(1)). 
(5) The six mile restriction damaged Cape Fox 
by precluding the corporation from selecting valuable 
timber lands, industrial sites, and other commercial 
property, not only in its core township but in sur-
rounding lands far removed from Ketchikan and its 
watershed. 
(6) As a result of the 6 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 ANCSA (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 ANCSA selection. Cape Fox is 
the only ANCSA village corporation affected by this 
restriction. 
(8) Adjustment of Cape Fox’s selections and 
conveyances of land under ANCSA requires adjust-
ment of Sealaska Corporation’s (Sealaska) selections 
and conveyances to avoid creation of additional split 
estate between National Forest System surface lands 
and Sealaska subsurface lands. 
(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 lands that encumber
management of Tongass National Forest surface 
lands. 
(10) The Tongass National Forest lands identi-
fied in this Act for selection by and conveyance to 
Cape Fox and Sealaska, subject to valid existing 
rights, provide a means to resolve some of the Cape 
Fox and Sealaska ANCSA land entitlement issues 
without significantly affecting Tongass National 
Forest resources, uses or values. 
(11) Adjustment of Cape Fox’s selections and 
conveyances of land under ANCSA through the pro-
visions of this Act, and the related adjustment of 
Sealaska’s selections and conveyances hereunder, are 
in accordance with the purposes of ANCSA and oth-
erwise in the public interest. 
SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR 
CERTAIN LANDS. 
Notwithstanding the provisions of section 16(b) of 
ANCSA (43 U.S.C. 1615(b)), Cape Fox shall not be re-
quired to select or receive conveyance of approximately 
160 acres of Federal unconveyed lands within Section 1, 
T. 75 S., R. 91 E., C.R.M.
SEC. 
4. 
SELECTION 
OUTSIDE 
EXTERIOR 
SELECTION 
BOUNDARY. 
(a) SELECTION AND CONVEYANCE OF SURFACE ES-
TATE.—In addition to lands made available for selection 
under ANCSA, within 24 months after the date of enact-
ment of this Act, Cape Fox may select, and, upon receiv-
ing written notice of such selection, the Secretary of the 
Interior shall convey approximately 99 acres of the surface
estate of Tongass National Forest lands outside Cape 
Fox’s current exterior selection boundary, specifically that 
parcel described as follows: 
(1) T. 73 S., R. 90 E., C.R.M. 
(2) Section 33: SW portion of SE1⁄4: 38 acres. 
(3) Section 33: NW portion of SE1⁄4: 13 acres. 
(4) Section 33: SE1⁄4 of SE1⁄4: 40 acres. 
(5) Section 33: SE1⁄4 of SW1⁄4: 8 acres. 
(b) CONVEYANCE OF SUBSURFACE ESTATE.—Upon 
conveyance to Cape Fox of the surface estate to the lands 
identified in subsection (a), the Secretary of the Interior 
shall convey to Sealaska the subsurface estate to the 
lands. 
(c) TIMING.—The Secretary of the Interior shall com-
plete the interim conveyances to Cape Fox and Sealaska 
under this section within 180 days after the Secretary of 
the Interior receives notice of the Cape Fox selection 
under subsection (a).
SEC. 5. EXCHANGE OF LANDS BETWEEN CAPE FOX AND 
THE TONGASS NATIONAL FOREST. 
(a) GENERAL.—The Secretary of Agriculture shall 
offer, and if accepted by Cape Fox, shall exchange the 
Federal lands described in subsection (b) for lands and 
interests therein identified by Cape Fox under subsection 
(c) and, to the extent necessary, lands and interests there-
in identified under subsection (d). 
(b) LANDS TO BE EXCHANGED TO CAPE FOX.—The 
lands to be offered for exchange by the Secretary of Agri-
culture are Tongass National Forest lands comprising ap-
proximately 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 designated upon a 
map entitled ‘‘Proposed Kensington Project Land Ex-
change’’, dated March 18, 2002, and available for inspec-
tion in the Forest Service Region 10 regional office in Ju-
neau, Alaska. 
(c) LANDS TO BE EXCHANGED TO THE UNITED 
STATES.—Cape Fox shall be entitled, within 60 days after 
the date of enactment of this Act, to identify in writing 
to the Secretaries of Agriculture and the Interior the lands 
and interests in lands that Cape Fox proposes to exchange 
for the Federal lands described in subsection (b). The 
lands and interests in lands shall be identified from lands 
previously conveyed to Cape Fox comprising approxi-
mately 2,900 acres and designated as parcels A–1 to A–
3, B–1 to B–3, and C upon a map entitled ‘‘Cape Fox 
Corporation ANCSA Land Exchange Proposal’’, dated 
March 15, 2002, and available for inspection in the Forest 
Service Region 10 regional office in Juneau, Alaska. 
Lands identified for exchange within each parcel shall be 
contiguous to adjacent National Forest System lands and 
in reasonably compact tracts. The lands identified for ex-
change shall include a public trail easement designated as 
D on said map, unless the Secretary of Agriculture agrees 
otherwise. The value of the easement shall be included in 
determining the total value of lands exchanged to the 
United States. 
(d) VALUATION OF EXCHANGE LANDS.—The Sec-
retary of Agriculture shall determine whether the lands 
identified by Cape Fox under subsection (c) are equal in 
value to the lands described in subsection (b). If the lands 
identified under subsection (c) are determined to have in-
sufficient value to equal the value of the lands described 
in subsection (b), Cape Fox and the Secretary shall mutu-
ally identify additional Cape Fox lands for exchange suffi-
cient to equalize the value of lands conveyed to Cape Fox. 
Such land shall be contiguous to adjacent National Forest 
System lands and in reasonably compact tracts. 
(e) CONDITIONS.—The offer and conveyance of Fed-
eral lands to Cape Fox in the exchange shall, notwith-
standing section 14(f) of ANCSA, be of the surface and 
subsurface estate, but subject to valid existing rights and 
all other provisions of section 14(g) of ANCSA. 
(f) TIMING.—The Secretary of Agriculture shall at-
tempt, within 90 days after the date of enactment of this 
Act, to enter into an agreement with Cape Fox to consum-
mate the exchange consistent with this Act. The lands 
identified in the exchange agreement shall be exchanged 
by conveyance at the earliest possible date after the ex-
change agreement is signed. Subject only to conveyance 
from Cape Fox to the United States of all its rights, title, 
and interests in the Cape Fox lands included in the ex-
change consistent with this Act, the Secretary of the Inte-
rior shall complete the interim conveyance to Cape Fox 
of the Federal lands included in the exchange within 180 
days after the execution of the exchange agreement by 
Cape Fox and the Secretary of Agriculture. 
SEC. 6. EXCHANGE OF LANDS BETWEEN SEALASKA AND 
THE TONGASS NATIONAL FOREST. 
(a) GENERAL.—Upon conveyance of the Cape Fox 
lands included in the exchange under section 5 and con-
veyance and relinquishment by Sealaska in accordance 
with this Act of the lands and interests in lands described 
in subsection (c), the Secretary of the Interior shall convey
to Sealaska the Federal lands identified for exchange 
under subsection (b). 
(b) LANDS TO BE EXCHANGED TO SEALASKA.—The 
lands to be exchanged to Sealaska are to be selected by 
Sealaska from Tongass National Forest lands comprising 
approximately 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 entitled ‘‘Proposed 
Sealaska Corporation Land Exchange Kensington Lands 
Selection Area’’, dated April 2002 and available for in-
spection in the Forest Service Region 10 Regional Office 
in Juneau, Alaska. Within 60 days after receiving notice 
of the identification by Cape Fox of the exchange lands 
under section 5(c), Sealaska shall be entitled to identify 
in writing to the Secretaries of Agriculture and the Inte-
rior the lands that Sealaska selects to receive in exchange 
for the Sealaska lands described in subsection (c). Lands 
selected by Sealaska shall be in no more than two contig-
uous and reasonably compact tracts that adjoin the lands 
described for exchange to Cape Fox in section 5(b). The 
Secretary of Agriculture shall determine whether these se-
lected lands are equal in value to the lands described in 
subsection (c) and may adjust the amount of selected 
lands in order to reach agreement with Sealaska regarding 
equal value. The exchange conveyance to Sealaska shall
be of the surface and subsurface estate in the lands se-
lected and agreed to by the Secretary but subject to valid 
existing rights and all other provisions of section 14(g) 
of ANCSA. 
(c) LANDS TO BE EXCHANGED TO THE UNITED 
STATES.—The lands and interests therein to be exchanged 
by Sealaska are the subsurface estate underlying the Cape 
Fox exchange lands described in section 5(c), an addi-
tional approximately 2,506 acres of the subsurface estate 
underlying Tongass National Forest surface estate, de-
scribed in Interim Conveyance No. 1673, and rights to an 
additional approximately 2,698 acres of subsurface estate 
of Tongass National Forest lands remaining to be con-
veyed to Sealaska from Group 1, 2 and 3 lands as set 
forth in the Sealaska Corporation/United States Forest 
Service Split Estate Exchange Agreement of November 
26, 1991, at Schedule B, as modified on January 20, 
1995. 
(d) TIMING.—The Secretary of Agriculture shall at-
tempt, within 90 days after receipt of the selection of 
lands by Sealaska under subsection (b), to enter into an 
agreement with Sealaska to consummate the exchange 
consistent with this Act. The lands identified in the ex-
change agreement shall be exchanged by conveyance at the 
earliest possible date after the exchange agreement is
signed. 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 lands selected for ex-
change within 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 
lands 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 exchanged 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 under this Act. 
(d) EFFECT ON ANCSA SELECTIONS.—Any convey-
ance of Federal surface or subsurface lands to Cape Fox 
or Sealaska under this Act shall be considered, for all pur-
poses, land conveyed pursuant to ANCSA. Nothing in this 
Act shall be construed to change the total acreage of land 
entitlement of Cape Fox or Sealaska under ANCSA. Cape 
Fox and Sealaska shall remain charged for any lands they 
exchange under this Act and any lands conveyed pursuant 
to section 4, but shall not be charged for any lands re-
ceived under section 5 or section 6. The exchanges de-
scribed in this Act shall be considered, for all purposes, 
actions which lead to the issuance of conveyances to Na-
tive Corporations pursuant to ANCSA. Lands or interests 
therein transferred to the United States under this Act 
shall become and be administered as part of the Tongass 
National Forest. 
(e) EFFECT ON STATEHOOD SELECTIONS.—Lands 
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 
ANCSA, Federal lands conveyed to Cape Fox or Sealaska 
pursuant to this Act shall be subject only to the reserva-
tion of public easements mutually agreed to and set forth 
in the exchange agreements executed under this Act. The 
easements shall include easements necessary for access 
across the lands conveyed under this Act for use of na-
tional forest or other public lands. 
(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 APPROPRIATIONS. 
(a) DEPARTMENT OF AGRICULTURE.—There are au-
thorized to be appropriated to the Secretary of Agriculture
such sums as may be necessary for value estimation and 
related costs of exchanging lands specified in this Act, and 
for road rehabilitation, habitat and timber stand improve-
ment, including thinning and pruning, on lands 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.
Union Calendar No. 189
108TH CONGRESS 
1ST SESSION 
H. R. 1899
[Report No. 108–313] 
A BILL 
To resolve certain conveyances and provide for al-
ternative land selections under the Alaska Native 
Claims Settlement Act related to Cape Fox Cor-
poration and Sealaska Corporation, and for other 
purposes. 
OCTOBER 15, 2003
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed