Chugach Alaska Land Exchange Oil Spill Recovery Act of 2024

Bill: 118-s-4310
Sponsor: full_name: Sen. Murkowski, Lisa [R-AK]
Introduced: 2024-05-09
Policy area: Public Lands and Natural Resources
Subjects: Alaska

Land transfers

Land use and conservation
Latest action: action_date: 2024-06-12
text: Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4310 IN THE SENATE OF THE UNITED STATES May 9, 2024 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 exchange non-Federal land held by the Chugach Alaska Corporation for certain Federal Land in the Chugach Region, and for other purposes.

1. Short title This Act may be cited as the Chugach Alaska Land Exchange Oil Spill Recovery Act of 2024 . 2. Purpose; Findings (a) Purpose The purposes of this Act are— (1) to authorize, direct, and expedite the exchange of land and interests in land between Chugach Alaska and the United States; and (2) to consolidate Federal ownership of the surface and subsurface estate of Federal land and interests acquired under the Program. (b) Findings Congress finds that— (1) on March 24, 1989, the oil tanker Exxon Valdez ran aground in Prince William Sound, Alaska, spilling 11,000,000 gallons of crude oil, spreading in the months that followed and covering approximately 1,300 miles of coastline, with immense impact for fish and wildlife and their habitats, and for local industries and communities; (2) civil settlement funds of $900,000,000 paid by Exxon to the United States and the State of Alaska were used to establish the Exxon Valdez Oil Spill Trustee Council (referred to in this section as EVOSTC ) and to develop the Program; (3) through the Program, the EVOSTC dedicated nearly 60 percent of the funds to acquire fee title of, and conservation easements on, the surface estate of more than 600,000 acres in the area impacted by the oil spill, including 241,000 acres of surface estate land and conservation easements in the Chugach Region, giving the United States ownership of, and conservation easements on, 241,000 acres of formerly Native-owned land within the Chugach Region; (4) the conflict described in the Chugach Region Land Study Report and in this Act occurred when surface estate was purchased by the EVOSTC for conservation purposes while development rights remained for the subsurface (dominant estate) owned by Chugach Alaska, which shall be resolved by Chugach Alaska trading 231,036 acres of subsurface estate under surface fee and conservation easements on surface land owned by the Federal Government for 65,403 acres of fee simple land owned by the Federal Government; (5) most of the surface land and conservation easements on surface land in the Chugach Region described in paragraph (3) that were acquired by the EVOSTC were purchased from 4 Alaska Native Village Corporations— (A) Chenega Corporation; (B) the English Bay (Nanwalek Corporation); (C) the Eyak Corporation; and (D) the Tatitlek Corporation; (6) in accordance with section 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613 ), when a Village Corporation selects and receives title to the surface estate to fulfill its land entitlement, the Regional Corporation receives title to the subsurface, resulting in split ownership between Alaska Native entities from the same region; (7) Chugach Alaska holds the dominant subsurface estate to approximately 241,000 acres of surface land acquired by the EVOSTC from the Village Corporations under paragraph (5) that is protected under the Program; (8) none of the acquisitions described in paragraph (5) by the EVOSTC included the subsurface interests owned by Chugach Alaska, despite awareness by the EVOSTC of the provisions in the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) creating split ownership and the existing right of the subsurface owner to use the surface if it constitutes reasonable use in the development of subsurface resources; (9) due to the split estate ownership described in paragraph (8), which became a split between Chugach Alaska and the Federal Government, there is a clear conflict with the preservation goal of the Program and the responsibility of Chugach Alaska, on behalf of the Alaska Native shareholders of Chugach Alaska, to develop the subsurface estate under the land; (10) recognizing the conflicts between the mandates in the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) on Native Corporations and the goals of the Program, and the significant social and economic impact of the Program on the region and on Chugach Alaska and the land held by Chugach Alaska, Congress directed, in section 1113 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( Public Law 116–9 ; 133 Stat. 614), that the Bureau of Land Management conduct a study and identify accessible and economically viable Federal land that could be exchanged with Chugach Alaska, and to recommend exchange options that would consolidate ownership of the surface and subsurface estates of land in the Program; (11) the Bureau of Land Management submitted the Chugach Region Land Study Report to Congress in December 2022, over a year after the 18-month deadline; (12) in the Chugach Region Land Study Report, the Bureau of Land Management explained that the Program acquisitions have greatly increased the complexity and the costs of any development by Chugach Alaska of its subsurface interests, significantly reduced Native-owned land and Native control over management of land in the region, and, along with the larger oil spill cleanup effort, highly disrupted the socio-cultural environment and economies in the Alaska Native communities in the region; (13) the Chugach Region Land Study Report identifies land available for exchange from both the Federal Government and Chugach Alaska to inform a land exchange to address the impact of the Program on Chugach Alaska and the ability of Chugach Alaska to meet its responsibilities to its Native shareholders under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); (14) the land exchange between Chugach Alaska and the Federal Government in this Act— (A) furthers objectives under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), including balancing land selections between areas that are significant in cultural history and traditions and areas that have potential economic value for development; and (B) facilitates more efficient Federal land management of the Program by Federal acquisition of nearly 231,000 acres of subsurface estate that underlies federally owned surface fee and conservation easements to perfect conservation of the surface, which is the purpose of the Program; and (15) the land exchange in this Act, based on the findings in this section, is in the public interest. 3. Definitions In this Act: (1) ANSCA terms The terms Native Corporation , Regional Corporation , and Village Corporation have the meanings given those terms in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (2) Chugach Alaska The term Chugach Alaska means the Chugach Alaska Corporation, a Regional Corporation. (3) Chugach Region Land Study Report The term Chugach Region Land Study Report means the report and recommendations submitted to Congress by the Secretary pursuant to section 1113 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( Public Law 116–9 ; 133 Stat. 614). (4) Federal exchange land The term Federal exchange land means the approximately 65,403 acres of fee simple land located in the Chugach Region as described in section 4(e). (5) Non-Federal land The term non-Federal land means the parcels of subsurface land comprising approximately 231,000 acres— (A) owned by Chugach Alaska and conveyed to Chugach Alaska pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); (B) described in section 4(f); and (C) for which— (i) the United States has acquired fee title to the surface estate or a conservation easement on the surface estate pursuant to the Program; or (ii) the State has acquired fee title to, and the United States has acquired a conservation easement in, the surface estate pursuant to the Program. (6) Program The term Program means the Exxon Valdez Oil Spill Habitat Protection and Acquisition Program of the Exxon Valdez Oil Spill Trustee Council. (7) Secretary The term Secretary means the Secretary of the Interior. (8) State The term State means the State of Alaska. 4. Land exchange (a) In general Not later than 1 year after the date of enactment of this Act, if Chugach Alaska offers to convey to the Secretary all rights, title, and interest in and to the non-Federal land, the Secretary shall accept the offer and convey in exchange all rights, title, and interest of the Federal Government in and to the Federal exchange land. (b) Condition on acceptance Title to the non-Federal land exchanged in subsection (a) shall be in a form that is acceptable to the Secretary. (c) Treatment of land conveyed Except as otherwise provided, any land conveyed to Chugach Alaska under subsection (a) shall be considered to be land conveyed by the Secretary under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ). (d) Valid existing rights The conveyances under subsection (a) shall be subject to any valid existing rights, reservations, rights-of-way, or other encumbrances of third parties in, to, or on the Federal exchange land or the non-Federal land as of the date of enactment of this Act. (e) Conveyance of Federal exchange land On receipt of title to the non-Federal land, the Secretary shall simultaneously convey to Chugach Alaska— (1) all rights, title, and interest in and to the National Forest System land of the Forest Service identified in the Chugach Regional Land Study and Report, comprising approximately 63,443 total acres, comprising— (A) T. 3 N., R. 10 E., Seward Meridian, Drier Bay Parcel, comprising approximately 2,996 acres of surface estate; (B) T. 17 and 18 S., R. 7 and 8 E., Copper River Meridian, Kushtaka Lake Parcel, comprising approximately 7,876 acres of surface and subsurface estate; (C) T. 2 N., R. 1 and 2 E., Seward Meridian, Snow River Parcel, comprising approximately 11,462 acres of surface and subsurface estate; (D) T. 17 and 18 S., R. 8 W., Copper River Meridian, Hinchinbrook Island Parcel, comprising approximately 2,646 acres of surface and subsurface estate; (E) T. 17 S., R. 7 E., secs. 5, 8, 18, 19, and 30 through 33, Copper River Meridian, Kushtaka Lake Parcel, comprising approximately 6,375 acres of surface and subsurface estate; (F) T. 18 S., R. 7 E., secs. 6 and 7, Copper River Meridian, Kushtaka Lake Parcel, comprising approximately 1,280 acres of surface and subsurface estate; (G) T. 16 S., R. 5 E., secs. 24 through 26 and 36, Copper River Meridian, Martin River Parcel, comprising approximately 2,240 acres of surface and subsurface estate; (H) T. 16, S., R. 6 E., secs. 16, 19 through 21, and 25 through 36, Copper River Meridian, Martin River Parcel, comprising approximately 8,305 acres of surface and subsurface estate; (I) T. 17 S., R. 6 E., secs. 1 through 4, and 10, Copper River Meridian, Martin River Parcel, comprising approximately 3,170 acres of surface and subsurface estate; (J) T. 16 S., R. 4 E., secs. 1 through 4, 9 through 13, and 24, Copper River Meridian, Johnson River Parcel, comprising approximately 5,200 acres of surface and subsurface estate; (K) T. 16 S., R. 5 E., secs. 5 through 9, and 15 through 22, Copper River Meridian, Johnson River Parcel, comprising approximately 6,165 acres of surface and subsurface estate; and (L) T. 19 S., R. 15 E., secs. 12 through 14, 23, 24, 26, 27, 33, and 34, Copper River Meridian, Robinson Mountains Parcel, comprising approximately 5,728 acres of surface and subsurface estate; and (2) all rights, title, and interest in and to the Federal land administered by the Bureau of Land Management and National Park Service identified in the Chugach Regional Land Study and Report, comprising approximately 1,960 total acres, comprising— (A) T. 21 S., R. 24 E., Copper River Meridian, Taan Fjord Parcel, comprising approximately 450 acres of surface and subsurface estate; (B) T. 21 and 22 S., R. 24 E., Copper River Meridian, Kageet Point Parcel, comprising approximately 310 acres of surface and subsurface estate; and (C) T. 9 S., R. 2 W., secs. 5 and 6, Copper River Meridian, Thompson Pass Parcel, comprising 1,200 acres of surface and subsurface estate. (f) Conveyance of non-Federal Land (1) Conveyance The non-Federal land to which Chugach Alaska may convey to the Secretary all rights, title, and interest, that the Secretary determines to be applicable, includes— (A) the approximately 130,469.93 subsurface acres, which comprises— (i) T. 13 S., R. 1 W., sec. 19, Copper River Meridian, comprising approximately 467 acres; (ii) T. 13 S., R. 2 W., secs. 23 through 27, Copper River Meridian, comprising approximately 2,627 acres; (iii) T. 15 S., R. 2 W., secs. 3 through 9, 17 through 19, and 29 through 33, Copper River Meridian, comprising approximately 8,277.36 acres; (iv) T. 16 S., R. 2 W., secs. 1 through 4, and 6, Copper River Meridian, comprising approximately 2,373.34 acres; (v) T. 14 S., R. 3 W., secs. 32 and 33, Copper River Meridian, comprising approximately 240 acres; (vi) T. 15 S., R. 3 W., secs. 3 through 7, portions of secs. 8 and 9, and secs. 12, 13, 18, 19, 24, 25, 35, and 36, Copper River Meridian, comprising approximately 3,486.36 acres; (vii) T. 16 S., R. 3 W., secs. 1, 11, and 15, Copper River Meridian, comprising approximately 962 acres; (viii) T. 13 S., R. 4 W., secs. 26, 27, and 32 through 34, Copper River Meridian, comprising approximately 2,494.05 acres; (ix) T. 14 S., R. 4 W., secs. 1 through 11, 15 through 21, 25, 30, and 31, Copper River Meridian, comprising approximately 6,750.98 acres; (x) T. 15 S., R. 4 W., secs. 8 through 12, 16 through 22, and 24, Copper River Meridian, comprising approximately 5,839.15 acres; (xi) T. 13 S., R. 5 W., secs. 3, 9 through 11, 14 through 20, a portion of sec. 21, and secs. 31 and 36, Copper River Meridian, comprising approximately 4,216.36 acres; (xii) T. 14 S., R. 5 W., sec. 1, a portion of sec. 2, secs. 6 through 12, 14 through 21, 29, and 30, Copper River Meridian, comprising approximately 9,057.6 acres; (xiii) T. 15 S., R. 5 W., secs. 23 and 24, Copper River Meridian, comprising approximately 292.97 acres; (xiv) T. 12 S., R. 6 W., secs. 11, 13, 14, 23, and 24, Copper River Meridian, comprising approximately 1,980.69 acres; (xv) T. 12 S., R. 7 W., secs. 32, 34, 35, and 36, Copper River Meridian, comprising approximately 343 acres; (xvi) T. 13 S., R. 7 W., secs. 1 through 22, 24, 25, and 27 through 36, Copper River Meridian, comprising approximately 17,234.88 acres; (xvii) T. 14 S., R. 7 W., secs. 2, 3, and 6, Copper River Meridian, comprising approximately 203 acres; (xviii) T. 13 S., R. 8 W., secs. 1, 9 through 11, 13 through 29, and 32 through 36, Copper River Meridian, comprising approximately 9,282.25 acres; (xix) T. 14 S., R. 8 W., secs. 1 through 5, Copper River Meridian, comprising approximately 629.25 acres; (xx) T. 13 S., R. 9 W., sec. 24, Copper River Meridian, comprising approximately 10 acres; (xxi) T. 10 S., R. 10 W., sec. 32, Copper River Meridian, comprising approximately 1.19 acres; (xxii) T. 3 N., R. 7 E., secs. 1 through 4, 8 through 17, 20, 22, 23, 24, 26, 27, and 29, Seward Meridian, comprising approximately 9,314 acres; (xxiii) T. 4 N., R. 7 E., secs. 11, 14, 15, 21 through 28, and 33 through 36, Seward Meridian, comprising approximately 8,684.96 acres; (xxiv) T. 3 N., R. 8 E., secs. 4 through 7, 18, and 19, Seward Meridian, comprising approximately 1,120.50 acres; (xxv) T. 4 N., R. 8 E., secs. 29 through 32, and 36, Seward Meridian, comprising approximately 1,404.25 acres; (xxvi) T. 1 N., R. 10 E., secs. 5 and 8, Seward Meridian, comprising approximately 743 acres; (xxvii) T. 3 S., R. 2 W., secs. 22, 23, 25, 26, 33, 35, and 36, Seward Meridian, comprising approximately 2,125 acres; (xxviii) T. 4 S., R. 2 W., secs. 2, 3, 4, and 11, Seward Meridian, comprising approximately 1,225 acres; (xxix) T. 5 S., R. 3 W., secs. 18, 19, 20, 23, 26 through 29, and 32 through 36, Seward Meridian, comprising approximately 3,670 acres; (xxx) T. 5 S., R. 4 W., sec. 13, Seward Meridian, comprising approximately 380 acres; (xxxi) T. 6 S., R. 4 W., sec. 7, Seward Meridian, comprising approximately 613 acres; (xxxii) T. 5 S., R. 5 W., sec. 33, Seward Meridian, comprising approximately 620 acres; (xxxiii) T. 6 S., R. 5 W., secs. 4, 9, 28, 29, 32, and 33, Seward Meridian, comprising approximately 3,205 acres; (xxxiv) T. 7 S., R. 5 W., sec. 4, Seward Meridian, comprising approximately 230 acres; (xxxv) T. 8 S., R. 6 W., secs. 7 through 12, 14 through 22, and 27 through 34, Seward Meridian, comprising approximately 6,797.39 acres; (xxxvi) T. 7 S., R. 7 W., secs. 1, 2, 5, 6, 8, 9, 11 through 14, 16, 17, 23, and 24, Seward Meridian, comprising approximately 6,031.78 acres; (xxxvii) T. 8 S., R. 7 W., secs. 24, 25, 35, and 36, Seward Meridian, comprising approximately 705.65 acres; and (xxxviii) T. 7 S., R. 8 W., secs. 1, 5, 8, 12, 13, 14, 16, 17, 20, 21, 23, 26 (lots 1 through 4), 27, 28, and 29, Seward Meridian, comprising approximately 6,831.97 acres; (B) the approximately 24,911.65 subsurface acres in which the fee title to the surface estate has been acquired by the State, and a conservation easement in the surface estate has been acquired by the United States, pursuant to the Program, which comprises— (i) T. 16 S., R. 4 W., sec. 6, Copper River Meridian, comprising approximately 157.49 acres; (ii) T. 15 S., R. 5 W., secs. 35 and 36, Copper River Meridian, comprising approximately 1,280 acres; (iii) T. 16 S., R. 5 W., secs. 3, 4, 10, 11, and 12, Copper River Meridian, comprising approximately 1,479 acres; (iv) T. 11 S., R. 8 W., secs. 4 and 9, Copper River Meridian, comprising approximately 579 acres; (v) T. 12 S., R. 8 W., sec. 1, Copper River Meridian, comprising approximately 130 acres; (vi) T. 9 S., R. 9 W., secs. 26, 27, 33, 34, and 35, Copper River Meridian, comprising approximately 1,524.26 acres; (vii) T. 10 S., R. 10 W., secs. 15, 16, 22, 23, 27, 28, 32, and 33, Copper River Meridian, comprising approximately 2,183.65 acres; (viii) T. 4 N., R. 7 E., secs. 12 and 13, Seward Meridian, comprising approximately 1,145 acres; (ix) T. 3 N., R. 8 E., secs. 12 and 13, Seward Meridian, comprising approximately 304 acres; (x) T. 4 N., R. 8 E., secs. 1 through 5, 7 through 30, and 33 through 35, Seward Meridian, comprising approximately 14,712.25 acres; and (xi) T. 4 N., R. 9 E., secs. 6, 7, 17, 18, and 19, Seward Meridian, comprising approximately 1,417 acres; and (C) the approximately 75,655.4 subsurface acres in which a conservation easement in the surface estate has been acquired by the United States pursuant to the Program, which comprises— (i) T. 13 S., R. 2 W., secs. 33 and 34, Copper River Meridian, comprising approximately 1,131.75 acres; (ii) T. 14 S., R. 2 W., secs. 4 through 8, and 31, Copper River Meridian, comprising approximately 2,104.92 acres; (iii) T. 14 S., R. 3 W., secs. 12 through 16, 21 through 23, and 28 through 31, Copper River Meridian, comprising approximately 5,319.37 acres; (iv) T. 14 S., R. 3 W., secs. 6 through 8, and 17 through 20, Copper River Meridian, comprising approximately 3,899.44 acres; (v) T. 15 S., R. 3 W., secs. 8 and 9, and the southern part of sec. 13, Copper River Meridian, comprising approximately 125 acres; (vi) T. 16 S., R. 3 W., secs. 1, 11, 12, 14, and 15, Copper River Meridian, comprising approximately 506 acres; (vii) T. 14 S., R. 4 W., secs. 28 and 29, Copper River Meridian, comprising approximately 660.15 acres; (viii) T. 14 S., R. 4 W., secs. 1, 5 through 8, 10 through 15, 22 through 27, and 34 through 36, Copper River Meridian, comprising approximately 3,516 acres; (ix) T. 15 S., R. 5 W., secs. 27, 28, 33, and 34, Copper River Meridian, comprising approximately 1,455.63 acres; (x) T. 11 S., R. 6 W., secs. 25, 26, and 34 through 36, Copper River Meridian, comprising approximately 2,088.26 acres; (xi) T. 12 S., R. 6 W., secs. 1 through 3, 8 through 10, and 16 through 19, Copper River Meridian, comprising approximately 2,777.5 acres; (xii) T. 11 S., R. 7 W., sec. 31, Copper River Meridian, comprising approximately 577.8 acres; (xiii) T. 12 S., R. 7 W., sec. 5 through 7, 10 through 15, and 18 through 24, Copper River Meridian, comprising approximately 6,596.93 acres; (xiv) T. 13 S., R. 7 W., secs. 18 and 19, Copper River Meridian, comprising approximately 700 acres; (xv) T. 10 S., R. 8 W., secs. 33 and 34, Copper River Meridian, comprising approximately 1,197 acres; (xvi) T. 11 S., R. 8 W., secs. 1 through 4, 10 through 16, 21 through 26, 31, 35, and 36, Copper River Meridian, comprising approximately 7,647.41 acres; (xvii) T. 12 S., R. 8 W., secs. 1, 12 through 14, and 24, Copper River Meridian, comprising approximately 591.75 acres; (xviii) T. 12 S., R. 8 W., secs. 1 through 3, 10, 11, 14 through 16, 21 and 22, Copper River Meridian, comprising approximately 2,112 acres; (xix) T. 12 S., R. 8 W., secs. 5 through 8, 18, and 19, Copper River Meridian, comprising approximately 1,220.5 acres; (xx) T. 13 S., R. 8 W., secs. 13, 14, 17, 19 through 21, 23, 24, and 28 through 30, Copper River Meridian, comprising approximately 1,400 acres; (xxi) T. 11 S., R. 9 W., secs. 22, 23, 25, 26, 27, 34, 35, and 36, Copper River Meridian, comprising approximately 1,157.75 acres; (xxii) T. 12 S., R. 9 W., secs. 1 through 4, 9 through 15, 22, 23, 24, 26, and 27, Copper River Meridian, comprising approximately 6,445.71 acres; (xxiii) T. 13 S., R. 9 W., secs. 24 and 25, Copper River Meridian, comprising approximately 345.33 acres; (xxiv) T. 2 N., R. 7 E., sec. 1, Seward Meridian, comprising approximately 64.16 acres; (xxv) T. 3 N., R. 7 E., secs. 24, 25, and 36, Seward Meridian, comprising approximately 385.75 acres; (xxvi) T. 1 N., R. 8 E., secs. 11, 14, 15, 22, 23, 26, and 27, Seward Meridian, comprising approximately 1,667.65 acres; (xxvii) T. 2 N., R. 8 E., secs. 2 through 11, 26, 30, 31, 32, and 35, Seward Meridian, comprising approximately 4,339.84 acres; (xxviii) T. 3 N., R. 8 E., secs. 1 through 4, 8 through 11, 14 through 17, 19 through 23, and 26 through 35, Seward Meridian, comprising approximately 11,339.4 acres; (xxix) T. 4 N., R. 8 E., sec. 35, Seward Meridian, comprising approximately 1.5 acres; (xxx) T. 1 N., R. 9 E., secs. 1, 2, 11 through 14, and 24, Seward Meridian, comprising approximately 1,560.25 acres; and (xxxi) T. 1 N., R. 10 E., secs. 6, 7, 17 through 20, 29 and 30, Seward Meridian, comprising approximately 2,720.65 acres. (2) Management Land acquired by the Secretary under this subsection shall— (A) become part of the unit of Federal land in which the land acquired by the Secretary is located; and (B) be administered in accordance with that unit of Federal land. 5. Maps, estimates, and descriptions (a) Minor errors The Secretary and Chugach Alaska may correct, by mutual agreement, any minor errors in any map, acreage estimate, or description of any land conveyed or exchanged under this Act. (b) Conflict If there is a conflict between a map, an acreage estimate, or a description of land in this Act, the map shall control unless the Secretary and Chugach Alaska mutually agree otherwise.