Title: Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act
Policy area: Native Americans

Summary:
Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act
This bill permits the Alaska Native residents of certain Alaska Native villages to organize as Alaska Native urban corporations and to receive certain settlement land.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4891 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4891

To provide for the recognition of certain Alaska Native communities and 
    the settlement of certain claims under the Alaska Native Claims 
                Settlement Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2020

 Ms. Murkowski (for herself and Mr. Sullivan) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the recognition of certain Alaska Native communities and 
    the settlement of certain claims under the Alaska Native Claims 
                Settlement Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unrecognized Southeast Alaska Native 
Communities Recognition and Compensation Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to redress the omission of the 
southeastern Alaska communities of Haines, Ketchikan, Petersburg, 
Tenakee, and Wrangell from eligibility under the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.) by authorizing the Alaska 
Natives enrolled in the communities--
            (1) to form Urban Corporations for the communities of 
        Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); 
        and
            (2) to receive certain settlement land pursuant to that 
        Act.

SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS.

    Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1615) is amended by adding at the end the following:
    ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, 
and Wrangell, Alaska.--
            ``(1) In general.--The Native residents of each of the 
        Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and 
        Wrangell, Alaska, may organize as Urban Corporations.
            ``(2) Effect on entitlement to land.--Nothing in this 
        subsection affects any entitlement to land of any Native 
        Corporation established before the date of enactment of this 
        subsection pursuant to this Act or any other provision of 
        law.''.

SEC. 4. SHAREHOLDER ELIGIBILITY.

    Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1607) is amended by adding at the end the following:
    ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, 
and Wrangell.--
            ``(1) In general.--The Secretary shall enroll to each of 
        the Urban Corporations for Haines, Ketchikan, Petersburg, 
        Tenakee, or Wrangell those individual Natives who enrolled 
        under this Act to the Native Villages of Haines, Ketchikan, 
        Petersburg, Tenakee, or Wrangell, respectively.
            ``(2) Number of shares.--Each Native who is enrolled to an 
        Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, 
        or Wrangell pursuant to paragraph (1) and who was enrolled as a 
        shareholder of the Regional Corporation for Southeast Alaska 
        shall receive 100 shares of Settlement Common Stock in the 
        respective Urban Corporation.
            ``(3) Natives receiving shares through inheritance.--If a 
        Native received shares of stock in the Regional Corporation for 
        Southeast Alaska through inheritance from a decedent Native who 
        originally enrolled to the Native Village of Haines, Ketchikan, 
        Petersburg, Tenakee, or Wrangell and the decedent Native was 
        not a shareholder in a Village Corporation or Urban 
        Corporation, the Native shall receive the identical number of 
        shares of Settlement Common Stock in the Urban Corporation for 
        Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the 
        number of shares inherited by that Native from the decedent 
        Native who would have been eligible to be enrolled to the 
        respective Urban Corporation.
            ``(4) Effect on entitlement to land.--Nothing in this 
        subsection affects entitlement to land of any Regional 
        Corporation pursuant to section 12(b) or 14(h)(8).''.

SEC. 5. DISTRIBUTION RIGHTS.

    Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1606) is amended--
            (1) in subsection (j)--
                    (A) in the third sentence, by striking ``In the 
                case'' and inserting the following:
            ``(3) Thirteenth regional corporation.--In the case'';
                    (B) in the second sentence, by striking ``Not 
                less'' and inserting the following:
            ``(2) Minimum allocation.--Not less'';
                    (C) by striking ``(j) During'' and inserting the 
                following:
    ``(j) Distribution of Corporate Funds and Other Net Income.--
            ``(1) In general.--During''; and
                    (D) by adding at the end the following:
            ``(4) Native villages of haines, ketchikan, petersburg, 
        tenakee, and wrangell.--Native members of the Native Villages 
        of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who 
        become shareholders in an Urban Corporation for such a Native 
        Village shall continue to be eligible to receive distributions 
        under this subsection as at-large shareholders of the Regional 
        Corporation for Southeast Alaska.''; and
            (2) by adding at the end the following:
    ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska 
Native Communities Recognition and Compensation Act and the amendments 
made by that Act shall not affect--
            ``(1) the ratio for determination of revenue distribution 
        among Native Corporations under this section; or
            ``(2) the settlement agreement among Regional Corporations 
        or Village Corporations or other provisions of subsection (i) 
        or (j).''.

SEC. 6. COMPENSATION.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following:

``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, 
              TENAKEE, AND WRANGELL.

    ``(a) Definition of Urban Corporation.--In this section, the term 
`Urban Corporation' means each of the Urban Corporations for Haines, 
Ketchikan, Petersburg, Tenakee, and Wrangell.
    ``(b) Conveyances of Land.--
            ``(1) Authorization.--
                    ``(A) Conveyances to urban corporations.--Subject 
                to valid existing rights and paragraphs (3), (4), (5), 
                and (6), the Secretary shall convey--
                            ``(i) to the Urban Corporation for Haines, 
                        the surface estate in 12 parcels of Federal 
                        land comprising approximately 23,040 acres, as 
                        generally depicted on the maps entitled `Haines 
                        Selections', numbered 1 and 2, and dated 
                        November 2020;
                            ``(ii) to the Urban Corporation for 
                        Ketchikan, the surface estate in 9 parcels of 
                        Federal land comprising approximately 23,040 
                        acres, as generally depicted on the maps 
                        entitled `Ketchikan Selections', numbered 1 
                        through 4, and dated November 2020;
                            ``(iii) to the Urban Corporation for 
                        Petersburg, the surface estate in 11 parcels of 
                        Federal land comprising approximately 23,040 
                        acres, as generally depicted on the maps 
                        entitled `Petersburg Selections', numbered 1 
                        through 3, and dated November 2020;
                            ``(iv) to the Urban Corporation for 
                        Tenakee, the surface estate in 13 parcels of 
                        Federal land comprising approximately 23,040 
                        acres, as generally depicted on the maps 
                        entitled `Tenakee Selections', numbered 1 
                        through 3, and dated November 2020; and
                            ``(v) to the Urban Corporation for 
                        Wrangell, the surface estate in 13 parcels of 
                        Federal land comprising approximately 23,040 
                        acres, as generally depicted on the maps 
                        entitled `Wrangell Selections', numbered 1 
                        through 5, and dated November 2020.
                    ``(B) Conveyances to regional corporation for 
                southeast alaska.--Subject to valid existing rights, on 
                the applicable date on which the surface estate in land 
                is conveyed to an Urban Corporation under subparagraph 
                (A), the Secretary shall convey to the Regional 
                Corporation for Southeast Alaska the subsurface estate 
                for that land.
                    ``(C) Congressional intent.--It is the intent of 
                Congress that the Secretary convey the surface estates 
                described in subparagraph (A) not later than the date 
                that is 2 years after the applicable date of 
                incorporation under section 16(e)(1) of an Urban 
                Corporation.
            ``(2) Withdrawal.--
                    ``(A) In general.--Subject to valid existing 
                rights, the Federal land described in paragraph (1) is 
                withdrawn from all forms of--
                            ``(i) entry, appropriation, or disposal 
                        under the public land laws;
                            ``(ii) location, entry, and patent under 
                        the mining laws;
                            ``(iii) disposition under all laws 
                        pertaining to mineral and geothermal leasing or 
                        mineral materials; and
                            ``(iv) selection under Public Law 85-508 
                        (commonly known as the `Alaska Statehood Act') 
                        (48 U.S.C. note prec. 21).
                    ``(B) Termination.--The withdrawal under 
                subparagraph (A) shall remain in effect until the date 
                on which the Federal land is conveyed under paragraph 
                (1).
            ``(3) Treatment of land conveyed.--Except as otherwise 
        provided in this section, any land conveyed to an Urban 
        Corporation under paragraph (1)(A) shall be--
                    ``(A) considered to be land conveyed by the 
                Secretary under section 14(h)(3); and
                    ``(B) subject to all laws (including regulations) 
                applicable to entitlements under section 14(h)(3), 
                including section 907(d) of the Alaska National 
                Interest Lands Conservation Act (43 U.S.C. 1636(d)).
            ``(4) Public easements.--
                    ``(A) In general.--The conveyance and patents for 
                the land under paragraph (1)(A) shall be subject to the 
                reservation of public easements under section 17(b).
                    ``(B) Termination.--No public easement reserved on 
                land conveyed under paragraph (1)(A) shall be 
                terminated by the Secretary without publication of 
                notice of the proposed termination in the Federal 
                Register.
                    ``(C) Reservation of easements.--In the conveyance 
                and patents for the land under paragraph (1)(A), the 
                Secretary shall reserve the right of the Secretary to 
                amend the conveyance and patents to include 
                reservations of public easements under section 17(b) 
                until the completion of the easement reservation 
                process.
            ``(5) Hunting, fishing, recreation, and access.--
                    ``(A) In general.--Any land conveyed under 
                paragraph (1)(A), including access to the land through 
                roadways, trails, and forest roads, shall remain open 
                and available to subsistence uses, noncommercial 
                recreational hunting and fishing, and other 
                noncommercial recreational uses by the public under 
                applicable law--
                            ``(i) without liability on the part of the 
                        Urban Corporation, except for willful acts of 
                        the Urban Corporation, to any user as a result 
                        of the use; and
                            ``(ii) subject to--
                                    ``(I) any reasonable restrictions 
                                that may be imposed by the Urban 
                                Corporation on the public use--
                                            ``(aa) to ensure public 
                                        safety;
                                            ``(bb) to minimize 
                                        conflicts between recreational 
                                        and commercial uses;
                                            ``(cc) to protect cultural 
                                        resources;
                                            ``(dd) to conduct 
                                        scientific research; or
                                            ``(ee) to provide 
                                        environmental protection; and
                                    ``(II) the condition that the Urban 
                                Corporation post on any applicable 
                                property, in accordance with State law, 
                                notices of the restrictions on use.
                    ``(B) Effect.--Access provided to any individual or 
                entity under subparagraph (A) shall not--
                            ``(i) create an interest in any third party 
                        in the land conveyed under paragraph (1)(A); or
                            ``(ii) provide standing to any third party 
                        in any review of, or challenge to, any 
                        determination by the Urban Corporation with 
                        respect to the management or development of the 
                        land conveyed under paragraph (1)(A), except as 
                        against the Urban Corporation for the 
                        management of public access under subparagraph 
                        (A).
            ``(6) Miscellaneous.--
                    ``(A) Special use authorizations.--
                            ``(i) In general.--On the conveyance of 
                        land to an Urban Corporation under paragraph 
                        (1)(A)--
                                    ``(I) any guiding or outfitting 
                                special use authorization issued by the 
                                Forest Service for the use of the 
                                conveyed land shall terminate; and
                                    ``(II) as a condition of the 
                                conveyance and consistent with section 
                                14(g), the Urban Corporation shall 
                                issue the holder of the special use 
                                authorization terminated under 
                                subclause (I) an authorization to 
                                continue the authorized use, subject to 
                                the terms and conditions that were in 
                                the special use authorization issued by 
                                the Forest Service, for--
                                            ``(aa) the remainder of the 
                                        term of the authorization; and
                                            ``(bb) 1 additional 
                                        consecutive 10-year renewal 
                                        period.
                            ``(ii) Notice of commercial activities.--
                        The Urban Corporation, and any holder of a 
                        guiding or outfitting authorization under this 
                        subparagraph, shall have a mutual obligation, 
                        subject to the guiding or outfitting 
                        authorization, to inform the other party of any 
                        commercial activities prior to engaging in the 
                        activities on the land conveyed to the Urban 
                        Corporation under paragraph (1)(A).
                            ``(iii) Negotiation of new terms.--Nothing 
                        in this paragraph precludes the Urban 
                        Corporation and the holder of a guiding or 
                        outfitting authorization from negotiating a new 
                        mutually agreeable guiding or outfitting 
                        authorization.
                            ``(iv) Liability.--Neither the Urban 
                        Corporation nor the United States shall bear 
                        any liability, except for willful acts of the 
                        Urban Corporation or the United States, 
                        regarding the use and occupancy of any land 
                        conveyed to the Urban Corporation under 
                        paragraph (1)(A), as provided in any outfitting 
                        or guiding authorization under this paragraph.
                    ``(B) Roads and facilities.--
                            ``(i) In general.--The Secretary of 
                        Agriculture shall negotiate in good faith with 
                        the Urban Corporation to develop a binding 
                        agreement for--
                                    ``(I) the use of National Forest 
                                System roads and related transportation 
                                facilities by the Urban Corporation; 
                                and
                                    ``(II) the use of the roads and 
                                related transportation facilities of 
                                the Urban Corporation by the Forest 
                                Service and designees of the Forest 
                                Service.
                            ``(ii) Terms and conditions.--The binding 
                        agreement under clause (i)--
                                    ``(I) shall provide that the State 
                                (including entities and designees of 
                                the State) shall be authorized to use 
                                the roads and related transportation 
                                facilities of the Urban Corporation on 
                                substantially similar terms as are 
                                provided by the Urban Corporation to 
                                the Forest Service;
                                    ``(II) shall include restrictions 
                                on, and fees for, the use of the 
                                National Forest System roads and 
                                related transportation facilities in 
                                existence as of the date of enactment 
                                of this section, as necessary, that are 
                                reasonable and comparable to the 
                                restrictions and fees imposed by the 
                                Forest Service for the use of the roads 
                                and related transportation facilities; 
                                and
                                    ``(III) shall not restrict or limit 
                                any access to the roads and related 
                                transportation facilities of the Urban 
                                Corporation or the Forest Service that 
                                may be otherwise provided by valid 
                                existing rights and agreements in 
                                existence as of the date of enactment 
                                of this section.
                            ``(iii) Intent of congress.--It is the 
                        intent of Congress that the agreement under 
                        clause (i) shall be entered into as soon as 
                        practicable after the date of enactment of this 
                        section and in any case by not later than 1 
                        year after the date of incorporation of the 
                        Urban Corporation.
                            ``(iv) Continued access.--Beginning on the 
                        date on which the land is conveyed to the Urban 
                        Corporation under paragraph (1)(A) and ending 
                        on the effective date of a binding agreement 
                        entered into under clause (i), the Urban 
                        Corporation shall provide and allow 
                        administrative access to roads and related 
                        transportation facilities on the land under 
                        substantially similar terms as are provided by 
                        the Forest Service as of the date of enactment 
                        of this section.
                    ``(C) Effect on other laws.--
                            ``(i) In general.--Nothing in this section 
                        delays the duty of the Secretary to convey land 
                        to--
                                    ``(I) the State under Public Law 
                                85-508 (commonly known as the `Alaska 
                                Statehood Act') (48 U.S.C. note prec. 
                                21); or
                                    ``(II) a Native Corporation under--
                                            ``(aa) this Act; or
                                            ``(bb) the Alaska Land 
                                        Transfer Acceleration Act (43 
                                        U.S.C. 1611 note; Public Law 
                                        108-452).
                            ``(ii) Statehood entitlement.--
                                    ``(I) In general.--Statehood 
                                selections under Public Law 85-508 
                                (commonly known as the `Alaska 
                                Statehood Act') (48 U.S.C. note prec. 
                                21) are not displaced by the parcels of 
                                land described in clauses (i) through 
                                (v) of paragraph (1)(A).
                                    ``(II) Boundary adjustments.--In 
                                the event of a dispute between an area 
                                selected as a Statehood selection and a 
                                parcel of land referred to in subclause 
                                (I), the Secretary shall work with the 
                                Urban Corporation and the State in good 
                                faith to adjust the boundary of the 
                                parcel to exclude any area selected as 
                                a Statehood selection.
                            ``(iii) Conveyances.--The Secretary shall 
                        promptly proceed with the conveyance of all 
                        land necessary to fulfill the final entitlement 
                        of all Native Corporations in accordance with--
                                    ``(I) this Act; and
                                    ``(II) the Alaska Land Transfer 
                                Acceleration Act (43 U.S.C. 1611 note; 
                                Public Law 108-452).
                            ``(iv) Fish and wildlife.--Nothing in this 
                        section enlarges or diminishes the 
                        responsibility and authority of the State with 
                        respect to the management of fish and wildlife 
                        on public land in the State.
                    ``(D) Maps.--
                            ``(i) Availability.--Each map referred to 
                        in paragraph (1)(A) shall be available in the 
                        appropriate offices of the Secretary and the 
                        Secretary of Agriculture.
                            ``(ii) Corrections.--The Secretary, in 
                        consultation with the Secretary of Agriculture, 
                        may make any necessary correction to a clerical 
                        or typographical error in a map referred to in 
                        paragraph (1)(A).
    ``(c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, 
and Appurtenances.--
            ``(1) In general.--The Secretary, without consideration or 
        compensation, shall convey to each Urban Corporation, by 
        quitclaim deed or patent, all right, title, and interest of the 
        United States in all roads, trails, log transfer facilities, 
        leases, and appurtenances on or related to the land conveyed to 
        the Urban Corporation under subsection (b)(1)(A).
            ``(2) Conditions.--The conveyance under paragraph (1) shall 
        be subject to--
                    ``(A) section 14(g); and
                    ``(B) all valid existing rights, including any 
                reciprocal rights-of-way, easements, or agreements for 
                the use of the roads, trails, log transfer facilities, 
                leases, and appurtenances conveyed under paragraph (1).
            ``(3) Continuation of agreements.--
                    ``(A) In general.--On or before the date on which 
                land is conveyed to an Urban Corporation under 
                subsection (b)(1)(A), the Secretary shall provide to 
                the Urban Corporation notice of all reciprocal rights-
                of-way, easements, and agreements for use of the roads, 
                trails, log transfer facilities, leases, and 
                appurtenances on or related to the land in existence as 
                of the date of enactment of this section.
                    ``(B) Requirement.--In accordance with section 
                14(g), any right-of-way, easement, or agreement 
                described in subparagraph (A) shall continue unless the 
                right-of-way, easement, or agreement--
                            ``(i) expires under its own terms; or
                            ``(ii) is mutually renegotiated.
    ``(d) Settlement Trust.--
            ``(1) In general.--Each Urban Corporation may establish a 
        settlement trust in accordance with section 39 for the purposes 
        of promoting the health, education, and welfare of the trust 
        beneficiaries, and preserving the Native heritage and culture, 
        of the community of Haines, Ketchikan, Petersburg, Tenakee, or 
        Wrangell, as applicable.
            ``(2) Proceeds and income.--The proceeds and income from 
        the principal of a trust established under paragraph (1) 
        shall--
                    ``(A) first be applied to the support of those 
                enrollees, and the descendants of the enrollees, who 
                are elders or minor children; and
                    ``(B) thereafter to the support of all other 
                enrollees.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $12,500,000, to be used by the Secretary 
to provide 5 grants in the amount of $2,500,000 each, to be used only 
for activities that support the implementation of this section, 
including planning and development.''.
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