II 118th CONGRESS 1st Session S. 1889 IN THE SENATE OF THE UNITED STATES June 8, 2023 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.

1. Short title This Act may be cited as the Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act . 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. 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. . 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 any previous or future allocation of acreage to any Regional Corporation pursuant to section 12(b) or 14(h)(8). . 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). . 6. Compensation The Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) is amended by adding at the end the following: 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 April 19, 2023; (ii) to the Urban Corporation for Ketchikan, the surface estate in 8 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled Ketchikan Selections , numbered 1 through 4, and dated April 19, 2023; (iii) to the Urban Corporation for Petersburg, the surface estate in 12 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled Petersburg Selections , numbered 1 through 3, and dated April 19, 2023; (iv) to the Urban Corporation for Tenakee, the surface estate in 15 parcels of Federal land comprising approximately 23,040 acres, as generally depicted on the maps entitled Tenakee Selections , numbered 1 through 3, and dated April 19, 2023; 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 April 19, 2023. (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 (i) In general Subject to clause (ii), it is the intent of Congress that the Secretary complete the interim conveyance of the surface estate in land to an Urban Corporation under subparagraph (A) not later than the date that is 2 years after the applicable date of incorporation of the Urban Corporation under section 16(e)(1). (ii) Exception As the Secretary determines to be necessary, the Secretary may extend the 2-year deadline established by clause (i) by not more than 1 year for any individual parcel of land to allow for the conclusion of any pending appeal of a public easement decision for the applicable parcel pursuant to section 17(b), subject to the requirement that the final conveyance of the surface estate with respect to the applicable parcel shall be completed as soon as practicable after the date on which the appeal is concluded. (D) Finalization of entitlement (i) In general The conveyances under subparagraph (A) shall be considered to be the full and final satisfaction of the entitlement of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under this Act, notwithstanding whether the surveyed acreage of the parcels of land described in clauses (i) through (v) of that subparagraph is less than or more than 23,040 acres in the case of each Urban Corporation, subject to the requirement that the surveyed acreage shall be not less than 23,020 acres and not more than 23,060 acres. (ii) Adjustments If the total surveyed acreage of land conveyed to an Urban Corporation under subparagraph (A) is less than 23,020 acres or more than 23,060 acres, the Secretary, the Secretary of Agriculture, and the Urban Corporation shall negotiate in good faith to make a mutually agreeable adjustment to the parcels of Federal land described in clauses (i) through (v) of subparagraph (A) to ensure that not less than and not more than 23,040 acres of land is conveyed to the 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; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (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 Subject to subparagraph (C), the conveyance and patents for the land under paragraph (1)(A) shall be subject to the reservation before the conveyance 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 patent for any parcel of land under paragraph (1)(A) for which the easement reservation process has not been completed by the date that is 2 years after the applicable date of incorporation of the Urban Corporation under section 16(e)(1), or, in the case of an appeal of a public easement under section 17(b), by the date that is 3 years after the applicable date of incorporation, the Secretary shall— (i) convey the parcel of land; and (ii) as part of the conveyance and patent for the parcel of land under clause (i), reserve the right of the Secretary to amend the conveyance and patent to include reservations of public easements under section 17(b) until the date of completion of the easement reservation process. (D) State of Alaska easements Nothing in this Act modifies, changes, or terminates the rights-of-way granted to the State under— (i) section 4407 of the SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1777); or (ii) the 2006 memorandum of understanding between the State and the Forest Service to implement that section. (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) Mutual use agreement for roads and facilities (i) In general The Secretary of Agriculture shall seek to enter into a binding mutual use agreement for— (I) the use of National Forest System roads and related transportation facilities (including marine access facilities, log transfer facilities, sort yards, and associated log rafting and storage areas) in the Tongass National Forest by the Urban Corporation and designees of the Urban Corporation; and (II) the use of the roads and related transportation facilities (including marine access facilities, log transfer facilities, sort yards, and associated log rafting and storage areas) of the Urban Corporation by the Forest Service and designees of the Forest Service. (ii) Terms and conditions The binding mutual use agreement under clause (i)— (I) shall provide that the use of road and transportation facilities infrastructure by a third party shall not begin until the date on which the third party signs a mutual use agreement entered into with the Urban Corporation; (II) 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; (III) 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; (IV) 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; and (V) shall provide for periodic updates to the mutual use agreement if the terms and conditions of the updated mutual use agreement are consistent with the terms and conditions described in subclauses (I) through (IV). (iii) Intent of Congress It is the intent of Congress that the mutual use 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 mutual use 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). (7) Escrow funds Beginning on the date of enactment of this section, the escrow requirements of section 2 of Public Law 94–204 ( 43 U.S.C. 1613 note) shall apply to proceeds (including interest) derived from the land withdrawn under paragraph (2). (c) Conveyance of roads, trails, log transfer facilities, leases, and appurtenances (1) In general The land conveyed to an Urban Corporation under subsection (b)(1)(A) shall include 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. (2) Conditions The land conveyed to an Urban Corporation under subsection (b)(1)(A) shall be subject to all valid existing rights in accordance with section 14(g), including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under subsection (b)(1)(A). (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. . 7. Conveyances of BLM land to the city of Tenakee Springs, Alaska (a) Definitions In this section: (1) City The term City means the city of Tenakee Springs, Alaska. (2) Federal land The term Federal land means the Bureau of Land Management land depicted on the Survey and more particularly described as— (A) each of lots 1 through 6 of Mineral Springs Reserve No. 1, as depicted on the Survey; (B) each of lots 1 through 3 of Mineral Springs Reserve No. 2, as depicted on the Survey; and (C) each of lots 1 and 2 of Mineral Springs Reserve No. 3, as depicted on the Survey. (3) Secretary The term Secretary means the Secretary of the Interior. (4) Survey The term Survey means the survey prepared by the Bureau of Land Management entitled U.S. Survey No. 1409, Alaska, Dependent Resurvey and Subdivision, Mineral Springs Reserves Nos. 1, 2, and 3 and dated November 16, 2009. (b) Land conveyances (1) In general Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), on written request from the City and subject to the provisions of this subsection, the Secretary shall convey, without consideration, all right, title, and interest of the United States in and to the Federal land. (2) Terms and conditions As a condition of the conveyance of Federal land under paragraph (1)— (A) the City shall offer to the occupant, as of the date of enactment of this Act, of the applicable parcel of Federal land, a right of first refusal to enter into an agreement with the City to lease the applicable parcel of Federal land; and (B) if the occupant, as of the date of enactment of this Act, accepts the offer to enter into a lease agreement with the City for the applicable parcel of Federal land described in subparagraph (A), the lease agreement shall, in accordance with terms established by the City and approved by the City council, be— (i) for a term of not more than 20 years, in the case of a residential lease; and (ii) for a term of not more than 99 years, in the case of a nonresidential lease. (3) Costs As a condition of the conveyance of Federal land under paragraph (1), the City shall pay to the Secretary all costs associated with the conveyance, including the cost of any surveys.