I 
111TH CONGRESS 
1ST SESSION H. R. 2099 
To provide for the settlement of certain claims under the Alaska Native 
Claims Settlement Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2009 
Mr. YOUNG of Alaska (for himself, Mr. SHULER, Mr. FALEOMAVAEGA, Mr. 
ABERCROMBIE, Mr. BOREN, and Mr. KENNEDY) introduced the following 
bill; which was referred to the Committee on Natural Resources 
A BILL 
To provide for the settlement of certain claims under the 
Alaska Native Claims Settlement Act, and for other pur-
poses. 
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 Na-
tive Land Entitlement Finalization Act’’. 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1)(A) in 1971, Congress enacted the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et 
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seq.) to recognize and settle the aboriginal claims of 
Alaska Natives to land historically used by Alaska 
Natives for traditional, cultural, and spiritual pur-
poses; and 
(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 Na-
tive 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 Re-
gional Corporation, other than Sealaska Corporation 
(the Regional Corporation for southeast Alaska) (re-
ferred to in this Act as ‘‘Sealaska’’), was authorized 
to receive a share of land based on the proportion 
that the number of Alaska Native shareholders re-
siding in the region of the Regional Corporation bore 
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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 aboriginal land claims; 
(4)(A) Sealaska, the Regional Corporation for 
southeast Alaska, 1 of the Regional Corporations 
with the largest number of Alaska Native share-
holders, with more than 21 percent of all original 
Alaska Native shareholders, did not receive land 
under section 12 of the Alaska Native Claims Settle-
ment 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 
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National Forest and Glacier Bay National Monu-
ment; 
(5) the Court of Claims cash settlement of 
$7,500,000 did not— 
(A) adequately compensate the Alaska Na-
tives of southeast Alaska for the significant 
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); 
(6)(A) while each other Regional Corporation 
received 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)), which provided a 2,000,000-acre land pool 
from which Alaska Native selections could be made 
for historic sites, cemetery sites, Urban Corporation 
land, Native group land, and Native Allotments; 
(B) under section 14(h)(8) of that Act (43 
U.S.C. 1613(h)(8)), after selections are made under 
paragraphs (1) through (7) of that section, the land 
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remaining in the 2,000,000-acre land pool is allo-
cated based on the proportion that the original Alas-
ka Native shareholder population of a Regional Cor-
poration bore to the original Alaska Native share-
holder population of all Regional Corporations; and 
(C) the only land entitlement of Sealaska de-
rives 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; 
(7) despite the small land base of Sealaska as 
compared to other Regional Corporations (less than 
1 percent of the total quantity of land allocated pur-
suant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.)), Sealaska has— 
(A) provided considerable benefits to 
shareholders; and 
(B) been a significant economic force in 
southeast Alaska; 
(8) pursuant to the revenue sharing provisions 
of section 7(i) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1606(i)), Sealaska has distrib-
uted more than $300,000,000 during the period be-
ginning on January 1, 1971, and ending on Decem-
ber 31, 2005, to Native Corporations throughout the 
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State of Alaska from the development of natural re-
sources, which accounts for 42 percent of the total 
revenues shared under that section during that pe-
riod; 
(9) as a result of the small land entitlement of 
Sealaska, it is critical that the remaining land enti-
tlement conveyances to Sealaska under the Alaska 
Native 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 of southeast Alaska and the Alaska Na-
tive community throughout Alaska; 
(10)(A) the conveyance requirements of the 
Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.) for southeast Alaska limit the land eli-
gible for conveyance to Sealaska to the original with-
drawal areas surrounding 10 Alaska Native villages 
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 
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(B) 
unlike 
other 
Regional 
Corporations, 
Sealaska was not authorized to request land located 
outside the withdrawal areas described in subpara-
graph (A) if the withdrawal areas were insufficient 
to complete the land entitlement of Sealaska under 
the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.); 
(11) 44 percent (820,000 acres) of the 10 Alas-
ka Native village withdrawal areas established under 
the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.) described in paragraph (10) are com-
posed of salt water and not available for selection; 
(12) 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.); 
(13) the Forest Service and the Bureau of 
Land Management grossly underestimated the land 
entitlement of Sealaska under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.), re-
sulting in an insufficient area from which Sealaska 
could select land suitable for traditional, cultural, 
and socioeconomic purposes to accomplish a settle-
ment ‘‘in conformity with the real economic and so-
cial needs of Natives’’, as required under that Act; 
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(14) the 10 Alaska Native village withdrawal 
areas in southeast Alaska surround the Alaska Na-
tive communities of Yakutat, Hoonah, Angoon, 
Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, 
and Saxman; 
(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 
factors 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 
selection; and 
(II) Sealaska received no consider-
ation with respect to the consent restric-
tion; 
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(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 
from the 80,000 acres located within the 
Admiralty 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 
Corporation was made available for selec-
tion by Sealaska; 
(D) with respect to the Kake withdrawal 
area— 
(i) 64 percent of the area is salt 
water; and 
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(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 con-
veyance to, Sealaska; 
(E) with respect to the Kasaan withdrawal 
area— 
(i) 54 percent of the area is salt 
water; and 
(ii) the Forest Service previously har-
vested in the area; 
(F) with respect to the Klawock with-
drawal 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 se-
lection 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 
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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 
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 For-
est 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 
selection area by 137,360 acres; and 
(J) with respect to the Saxman withdrawal 
area— 
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(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 
Ketchikan that were excluded from selec-
tion; 
(iii) Sealaska received no consider-
ation with respect to the 1977 amendment 
to the Alaska Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.) requiring gu-
bernatorial 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 
available 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 insuf-
ficient land remaining in the withdrawal areas 
to meet the traditional, cultural, and socio-
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economic needs of the shareholders of Sealaska; 
and 
(B) make it difficult for Sealaska to se-
lect— 
(i) places of sacred, cultural, tradi-
tional, and historical significance; and 
(ii) Alaska Native futures sites located 
outside the withdrawal areas of Sealaska; 
(17)(A) the deadline for applications for selec-
tion 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 
Management notified Sealaska that the total entitle-
ment 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; 
(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, 
Sealaska 
will 
receive 
significantly 
more 
than 
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200,000 acres pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.); 
(D) Sealaska would prefer to allocate more of 
the entitlement of Sealaska to the acquisition of 
places of sacred, cultural, traditional, and historical 
significance; and 
(E)(i) 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; 
(ii) Sealaska seeks cooperative agreements to 
ensure that sites within Glacier Bay National Park 
are subject to cooperative management by Sealaska, 
Village and Urban Corporations, and federally recog-
nized tribes with ties to the cultural sites and his-
tory of the Park; and 
(iii) Congress recognizes that there is an exist-
ing Memorandum of Understanding (MOU) between 
the Park Service and the Hoonah Indian Associa-
tion, and does not intend to circumvent such MOU; 
rather the intent is to ensure that this and similar 
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mechanisms for cooperative management in Glacier 
Bay are required by law; 
(18)(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. 
1613(h)(1)) are subject to a restrictive covenant not 
required by law that does not allow any type of man-
agement or use that would in any way alter the his-
toric nature of a site, even for cultural education or 
research purposes; 
(B) historic sites managed by the Forest Serv-
ice are not subject to the limitations referred to in 
subparagraph (A); and 
(C) those limitations hinder the ability of 
Sealaska to use the sites for cultural, educational, or 
research purposes for Alaska Natives and others; 
(19) unless Sealaska is allowed to select land 
outside designated withdrawal areas in southeast 
Alaska, Sealaska will not be able— 
(A) to complete the land entitlement selec-
tions of Sealaska under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et 
seq.); 
(B) to secure ownership of places of sa-
cred, cultural, traditional, and historical impor-
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tance to the Alaska Natives of southeast Alas-
ka; 
(C) to maintain the existing resource devel-
opment 
and 
management 
operations 
of 
Sealaska; or 
(D) to provide continued economic oppor-
tunities for Alaska Natives in southeast Alaska; 
(20) 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 
Native culture and history; and 
(B) Alaska Native future sites to facilitate 
appropriate tourism and outdoor recreation en-
terprises; 
(21) Sealaska has played, and is expected to 
continue to play, a significant role in the health of 
the southeast Alaska economy; 
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(22)(A) the rate of unemployment in southeast 
Alaska exceeds the statewide rate of unemployment 
on a non-seasonally adjusted basis; and 
(B) in January 2008, the Alaska Department 
of Labor and Workforce Development reported the 
unemployment rate for the Prince of Wales—Outer 
Ketchikan census area at 20 percent; 
(23) many southeast Alaska communities— 
(A) are dependent on high-cost diesel fuel 
for the generation of energy; and 
(B) desire to diversify their energy supplies 
with wood biomass alternative fuel and other 
renewable and alternative fuel sources; 
(24) 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 
benefits from the revenue-sharing requirements 
under the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.); and 
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(25) on completion of the conveyances of land 
to 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 
327,000 acres of Federal land created by the with-
drawal of land for selection by Native Corporations 
in southeast Alaska would be removed, which will fa-
cilitate thorough and complete planning and efficient 
management relating to national forest land in 
southeast Alaska by the Forest Service. 
(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-
lage withdrawal areas. 
SEC. 3. SELECTIONS IN SOUTHEAST ALASKA. 
(a) SELECTION BY SEALASKA.— 
(1) IN
GENERAL.—Notwithstanding section 
14(h)(8)(B) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1613(h)(8)(B)), Sealaska is author-
ized to select and receive conveyance of the remain-
ing land entitlement of Sealaska under that Act (43 
U.S.C. 1601 et seq.) from Federal land located in 
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southeast Alaska from each category described in 
subsection (b). 
(2) NATIONAL PARK SERVICE.—The National 
Park Service is authorized to enter into a coopera-
tive management agreement described in subsection 
(c)(2) for the purpose, in part, of recognizing and 
perpetuating the values of the National Park Serv-
ice, including those values associated with the 
Tlingit homeland and culture, wilderness, and eco-
logical preservation. 
(b) CATEGORIES.—The categories referred to in sub-
section (a) are the following: 
(1)(A) Economic development land from the 
area of land identified on the map entitled ‘‘Sealaska 
ANCSA Land Entitlement Rationalization Pool’’, 
dated March 9, 2009, and labeled ‘‘Attachment A’’. 
(B) A nonexclusive easement to Sealaska to 
allow— 
(i) access on the forest development road 
and use of the log transfer site identified in 
paragraphs 3(c) and (d) of patent number 50– 
85–0112, dated January 4, 1985; 
(ii) access on the forest development road 
identified in paragraphs 2(a) and 2(b) of patent 
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number 50–92–0203, dated February 24, 1992; 
and 
(iii) access on the forest development road 
identified in paragraph 2(a) of patent number 
50–94–0046, dated December 17, 1993. 
(2) Sites with sacred, cultural, traditional, or 
historic significance, including traditional and cus-
tomary trade and migration routes, archeological 
sites, cultural landscapes, and natural features hav-
ing cultural significance, subject to the condition 
that— 
(A) not more than 2,400 acres shall be se-
lected for this purpose, from land identified 
on— 
(i) the map entitled ‘‘Places of Sa-
cred, Cultural, Traditional and Historic 
Significance’’, dated March 9, 2009, and 
labeled ‘‘Attachment B’’; and 
(ii) the map entitled ‘‘Traditional and 
Customary Trade and Migration Routes’’, 
dated March 9, 2009, and labeled ‘‘Attach-
ment C’’, which includes an identification 
of— 
(I) a conveyance of land 25 feet 
in width, together with 1-acre sites at 
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each terminus and at 8 locations 
along the route, with the route, loca-
tion, and boundaries of the convey-
ance described on the map inset enti-
tled ‘‘Yakutat to Dry Bay Trade and 
Migration Route’’, dated March 9, 
2009, and labeled ‘‘Attachment C’’; 
(II) a conveyance of land 25 feet 
in width, together with 1-acre sites at 
each terminus, with the route, loca-
tion, and boundaries of the convey-
ance described on the map inset enti-
tled ‘‘Bay of Pillars to Port Camden 
Trade and Migration Route’’, dated 
March 9, 2009, and labeled ‘‘Attach-
ment C’’; and 
(III) a conveyance of land 25 feet 
in width, together with 1-acre sites at 
each terminus, with the route, loca-
tion, and boundaries of the convey-
ance described on the map inset enti-
tled ‘‘Portage Bay to Duncan Canal 
Trade and Migration Route,’’ dated 
March 9, 2009, and labeled ‘‘Attach-
ment C’’; and 
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(B) an additional 1,200 acres may be used 
by Sealaska to acquire places of sacred, cul-
tural, traditional, and historic significance, ar-
cheological sites, traditional, and customary 
trade and migration routes, and other sites with 
scientific value that advance the understanding 
and protection of Alaska Native culture and 
heritage that— 
(i) as of the date of enactment of this 
Act, are not fully identified or adequately 
documented for cultural significance; and 
(ii) are located outside of a unit of the 
National Park System. 
(3) Alaska Native futures sites with traditional 
and recreational use value, as identified on the map 
entitled ‘‘Native Futures Sites’’, dated March 9, 
2009, and labeled ‘‘Attachment D’’, subject to the 
condition that not more than 5,000 acres shall be se-
lected for those purposes. 
(c) SITES IN CONSERVATION SYSTEM UNITS.— 
(1) IN GENERAL.—No site with sacred, cultural, 
traditional, or historic significance that is identified 
in the document labeled ‘‘Attachment B’’ and lo-
cated within a unit of the National Park System 
shall be conveyed to Sealaska pursuant to this Act. 
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(2) COOPERATIVE AGREEMENTS.— 
(A) IN
GENERAL.—The Director of the 
National Park Service shall offer to enter into 
a cooperative management agreement with 
Sealaska, other Village Corporations and Urban 
Corporations, and federally recognized Indian 
tribes with cultural and historical ties to Glacier 
Bay National Park, in accordance with the re-
quirements of subparagraph (B). 
(B) 
REQUIREMENTS.—A 
cooperative 
agreement under this paragraph shall— 
(i) recognize the contributions of the 
Alaska Natives of southeast Alaska to the 
history, culture, and ecology of Glacier Bay 
National Park and the surrounding area; 
(ii) ensure that the resources within 
the Park are protected and enhanced by 
cooperative activities and partnerships 
among federally recognized Indian tribes, 
Village Corporations and Urban Corpora-
tions, Sealaska, and the National Park 
Service; 
(iii) provide opportunities for a richer 
visitor experience at the Park through di-
rect interactions between visitors and Alas-
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ka Natives, including guided tours, inter-
pretation, and the establishment of cul-
turally relevant visitor sites; and 
(iv) provide appropriate opportunities 
for ecologically sustainable visitor-related 
education and cultural interpretation with-
in the Park— 
(I) in a manner that is not in 
derogation of the purposes and values 
of the Park (including those values 
associated with the Park as a Tlingit 
homeland); and 
(II) in a manner consistent with 
wilderness and ecological preservation. 
(C) REPORT.—Not later than 2 years after 
the date of enactment of this Act, the Director 
of the National Park Service shall submit to 
Congress a report describing each activity for 
cooperative management of each site described 
in subparagraph (A) carried out under a coop-
erative agreement under this paragraph. 
SEC. 4. CONVEYANCES TO SEALASKA. 
(a) TIMELINE FOR CONVEYANCE.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of selection of land by Sealaska under para-
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