Haida Land Exchange Act of 1986
PL 99-664 (H.R.5730), enacted 11/17/1986

PUBLIC LAW 99-664—NOV. 17, 1986 
100 STAT. 4303 
Public Law 99-664 
99th Congress 
An Act 
Nov. 17, 1986 
[H.R. 5730] 
Haida Land 
Exchange Act of 
1986. 
Public lands. 
43 u s e 1601 
note. 
16 u s e 3101 
note. 
To provide for a land exchange in the State of Alaska. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND PURPOSE. 
(a) SHORT TITLE.—This Act may be cited as the "Haida Land 
Exchange Act of 1986". 
(b) PURPOSE.—The purpose of this Act is to provide an offer for the 
owners thereof to relinquish and convey voluntarily to the United 
States certain lands and interests therein as described below and 
receive in lieu thereof certain Federal lands and money. Congress 
finds and declares that it is in the public interest to implement the 
land exchanges and acquisitions set forth herein, in order to carry 
out the purposes of the Alaska Native Claims Settlement Act and 
the Alaska National Interest Lands Conservation Act. 
SEC. 2. DEFINITIONS AND MAPS. 
(a) GENERAL DEFINITIONS.—As used in this Act: 
(1) The "Alaska Native Claims Settlement Act" means Public Law 
92-203, 85 Stat. 688 (December 18,1971), as amended. 
(2) The "Alaska National Interest Lands Conservation Act" means 
Public Law 96-487, 94 Stat. 2371 (December 2, 1980), as amended. 
(3) The term "Secretary" means the Secretary of Agriculture, 
unless otherwise specified. 
(4) The term "Haida Corporation" means the Alaska Native Vil-
lage Corporation of Hydaburg, Alaska, which was organized pursu-
ant to section 8 of the Alaska Native Claims Settlement Act. 
43 use 1607. 
(5) The term "Sealaska" means Sealaska Corporation, a Regional 
Corporation (as such term is defined in section 3(g) of the Alaska 
Native Claims Settlement Act) existing under the laws of the State 43 use 1602. 
of Alaska. 
(6) The term "Haida Exchange Lands" means those lands and 
interests therein generally depicted on a map entitled "Haida 
Exchange Lands" dated August 1986, the surface estate of which 
was cc-iveyed, subject to valid existing rights and the provisions of 
the Alaska Native Claims Settlement Act, to Haida Corporation in 
partial fulfillment of its entitlement under section 16(b) of the 
Alaska Native Claims Settlement Act. 
43 use 1615. 
(7) The term "Haida Traditional Use Sites" means those lands and 
interests therein generally depicted on a map entitled "Haida Tradi-
tional Use Sites" dated August 1986, which are presently owned by 
the United States. 
(8) The terms "Goat Island" and "South Pass Islands" mean those 
lands and interests therein generally depicted on a map entitled 
"Goat Island and South Pass Islands Acquisitions" dated September 
1986, the surface estate of which was conveyed, subject to valid 
existing rights and the provisions of the Alaska Native Claims 
Settlement Act, to Haida Corporation in partial fulfillment of its 
bn,sl ji_. 
100 STAT. 4304 
PUBLIC LAW 99-664—NOV. 17, 1986 
entitlement under section 16(b) of the Alaska Native Claims Settle-
43 use 1615. 
ment Act, and the subsurface estate to which was conveyed to 
43 use 1601 
Sealaska pursuant to the Alaska Native Claims Settlement Act. 
note. 
(9) The term "selection rights" means the combination of Haida 
Corporation's selection rights under section 16 of the Alaska Native 
Claims Settlement Act which have not been exercised as of Janu-
ary 1, 1995, plus such acreage of the Haida Exchange Lands owned 
by Haida Corporation on January 1,1995. 
(10) The term "subsurface estate" has the same meaning as such 
term has when used in the Alaska Native Claims Settlement Act. 
(11) The term "conservation system unit" has the same meaning 
as such term has when used in the Alaska National Interest Lands 
1
6 use 3101 
Conservation Act. 
note. 
(12) The term "cooperative information and education branch 
site" means a tract of land of not to exceed 10 acres as shall be 
identified, through mutual agreement of the Secretary and Haida 
Corporation, for location of an affiliated branch of the center de-
scribed in section 11 of this Act. 
District o
f 
(b) MAPS.—The maps referred to in this Act shall be on file in the 
Columbia. 
Office of the Chief, United States Forest Service and in the Office of 
the Secretary of the Interior, Washington, District of Columbia. The 
acreage cited in this Act is approximate, and in the event of 
discrepancies between cited acreage and the lands depicted on the 
referenced maps, the maps shall control, but such maps shall not be 
construed as an attempt by the United States to convey State or 
private lands, or as an attempt by Haida Corporation or Sealaska to 
convey to the United States lands not owned by Haida Corporation 
or Sealaska. 
SEC. 3. OFFERS TO HAIDA. 
^mDWi 
(a) OFFER.—For and in consideration of the relinquishment and 
conveyance to the United States of all of Haida Corporation's right, 
title, and interest in 4,222 acres of the Haida Exchange Lands as 
.tmi • J
h r 
specified by the Secretary, there are hereby offered to Haida Cor-
poration the following lands and interests in lands: All right, title, 
and interest of the United States in the surface estate of the Haida 
Traditional Use Sites. This conveyance shall be subject to valid 
existing rights and such perpetual easements as identified by the 
Secretary no later than 120 days after the date of enactment of this 
Act. 
(b) OFFER.—For and in consideration of the relinquishment and 
HB':o<iU i- conveyance to the United States of all Haida Corporation's right, 
title, and interest in Goat Island, South Pass Islands, and the 
cooperative information and education branch site, there is offered 
the sum of $9,000,000 subject to appropriation as authorized by 
section 9. 
(c) OFFER.—For and in consideration of the relinquishment and 
conveyance to the United States of all Haida Corporation's right, 
title, and interest in up to 667 acres of the Haida Exchange Lands, 
with the amount of acres to be specified by Haida Corporation at the 
time of its acceptance, if any, of this offer, there is offered $3,000 per 
acre subject to appropriation as authorized by section 9. The Sec-
retary shall specify which of the Haida Exchange Lands shall be 
conveyed to the United States pursuant to this subsection after 
Haida specifies the number of acres, if any, to be conveyed pursuant 
to this subsection. 
PUBLIC LAW 99-664—NOV. 17-, 1986 
100 STAT. 4305 
(d) HAIDA DEADUNE.—Haida Corporation shall have two years 
from the date of enactment of this Act within which to accept the 
offers provided in this section by providing to the Secretary a 
properly executed and certified corporate resolution binding upon 
the corporation with respect to the relinquishment and conveyance 
of all of the corporation's right, title, and interest in the lands 
specified in subsection (a) and/or si^section Qi) and/or subsection (c) 
of this section. At the Secretary's discretion, the Secretary may 
require that any such resolution be accompanied by an opinion of 
counsel to Haida Corporation stating that the resolution comports 
•'^'" ' 
with all requirements of Federal and State law and the rules and 
bylaws of the Haida Corporation. 
SEC. 4. OFFERS TO SEALASKA. 
(a) ISLAND AREA.—For and in consideration of the relinquishment 
to the United States of all of Sealaska's right, title, and interest in 
Goat Island and South Pass Islands, the cooperative information and 
education branch site and such other lands of the Haida Exchange 
Lands as Haida Corporation may relinquish and convey pursuant to 
subsection 3(c), there is hereby offered to Sealaska, an exchange of 
lands or interests therein on an equal value basis. 
(b) OTHER AREAS.—If not later than two years after the date of 
enactment of this Act, Sealaska notifies the Secretary and the 
Secretary of the Interior of Sealaska's desire to make an exchange, 
the Secretary of the Interior shall convey to Sealaska the subsurface 
estate in lands conveyed to Haida Corporation pursuant to this Act 
in exchange for the subsurface estate in the Haida Exchange Lands 
conveyed to the United States by Haida Corporation pursuant to 
section 3(a). 
(c) DEADUNE.—Sealaska shall have two years from the date of 
enactment of this Act within which to accept the offer made by 
subsection (a) by providing to the Secretary a properly executed and 
certified corporate resolution binding upon Sealaska with respect to 
the relinquishment and conveyance of all Sealaska's interest in 
'^'' nr- / 
Goat Island and South Pass Islands, in the cooperative information 
and education branch site, and in such other lands of the Haida 
Exchange Lands as Haida Corporation relinquishes and conveys 
pursuant to section 3(c). At the Secretary's discretion, the Secretary 
may require that any such resolution be accompanied by an opinion 
of counsel to Haida Corporation and Sealaska stating that the 
.? .: j 
resolutions comport with all requirements of Federal and State law 
and the rules and bylaws of the corporations. 
SEC. 5. CONTINGENCY A N D MANAGEMENT. 
(a) CONTINGENCY.—In the event that Haida Corporation does not 
make a timely acceptance of the offers made by section 3, any 
acceptance by Sealaska shall be ineffective and the United States 
shall not be bound to acquire any of Sealaska's interests in Goat 
Island, or South Pass Islands or Haida Exchange Lands. 
(b) MANAGEMENT.—If they are acquired by the United States National Forest 
pursuant to this Act, Goat Island and South Pass Islands shall be System. 
included within the Tongass National Forest, and shall be managed 
in accordance with laws applicable to the National Forest System 
and other applicable law. Subject to valid existing rights. Goat 
Island and South Pass Islands are hereby withdrawn from State 
selection under the Alaska Statehood Act and from native selection 
48 USC note 
under the Alaska Native Claims Settlement Act. The provisions of 
PJ^*^; ^l. 
note. 
100 STAT. 4306 
PUBLIC LAW 99-664—NOV. 17, 1986 
16 use 3197. 
Claims. 
43 use 1601 
note. 
43 use 1620. 
National Forest 
System. 
eiaims. 
Minerals and 
mining. 
Energy. 
16 use 792. 
section 1307(b) of the Alaska National Interest Lands Conservation 
Act shall apply to Goat Island and South Pass Islands notwithstand-
ing the fact that such areas are not conservation system units. 
SEC. 6. STATUS OF OFFERS AND CONDITIONS OF CONVEYANCE. 
(a) SEVERABIUTY.—The offers made in separate sections of this Act 
to Haida Corporation and to Sealaska respectively are separate, and 
acceptance of an offer made in one such section does not bind a 
corporation to accept any offer made in any other section. 
(b) TERMS AND CONDITIONS.—Subject to valid existing rights and 
any other interests in land protected under Federal law as of the 
date of interim conveyance of the relevant lands to Haida Corpora-
tion pursuant to the Alaska Native Claims Settlement Act where 
such conveyance accrued prior to the date of enactment of this Act, 
the conveyance of all lands and interests therein conveyed to the 
United States from Haida Corporation pursuant to this Act shall be 
free and clear of the claims of all creditors. No encumbrances on 
such lands and interests therein created after such interim convey-
ance which are not subject to the jurisdiction of a United States 
court as of the date of Haida Corporation's relinquishment and 
conveyance of lands to the United States pursuant to this Act shall 
be effective unless such encumbrances are acceptable to the Sec-
retary. The Secretary shall require Sealaska to provide such title as 
is acceptable to the Secretary with regard to all lands conveyed to 
the United States by Sealaska. 
SEC. 7. STATUS OF LANDS CONVEYED. 
(a) To CORPORATIONS.—All lands conveyed to Haida Corporation 
or Sealaska pursuant to this Act shall be considered as lands 
conveyed pursuant to the Alaska Native Claims Settlement Act. For 
purposes of section 21(c) of such Act, receipt by Haida Corporation 
or Sealaska of lands or other things of value pursuant to this Act 
shall constitute receipt of an interest in land. 
(b) To UNITED STATES.—All lands conveyed to the United States 
pursuant to this Act shall be included in the Tongass National 
Forest and shall be subject to the laws, rules and regulations 
applicable thereto. Lands and interests therein conveyed to the 
United States pursuant to this Act shall not be subject to any levy, 
foreclosure, or any other action which would encumber or divest the 
United States of any right, title, or interest in such lands. No action 
may be brought by any party in any United States district court 
pursuant to title 28, United States Code, section 2409a, to quiet title 
to such lands. 
., .,,,,. j^jf 
' ?' 
SEC. 8. WITHDRAWALS AND INTERIM MANAGEMENT. 
(a) WITHDRAWALS.—Subject to valid existing rights, all lands 
identified in this Act as available for conveyance to Haida Corpora-
tion or Sealaska are withdrawn from all forms of location, entry, 
and selection under the mining and public land laws of the United 
States, from leasing under the mineral and geothermal leasing laws, 
and against issuance of preliminary permits and licenses pursuant 
to the Federal Power Act. This withdrawal shall expire eighteen 
months after the date of enactment of this Act. 
(b) INTERIM MANAGEMENT.—Subject to valid existing rights, 
during acceptance periods provided in this Act, the Secretary and 
the Secretary of the Interior shall manage the lands available for 
conveyance under sections 3 and 4 of this Act so as to maintain their 
PUBLIC LAW 99-664—NOV. 17, 1986 
100 STAT. 4307 
existing character and resources until conveyed. In the event that 
Haida Corporation or Sealaska does not maintain the character of 
the lands proposed for conveyance to the United States pursuant to 
section 3 or section 4, respectively, pending conveyance of such 
lands, the United States shall not be obliged to acquire any such 
lands from a corporation which has not so maintained the character 
of such lands. 
(c) SAVINGS PROVISIONS.—Nothing in this Act shall be deemed as a 
cloud of title of lands or interests therein owned on the date of 
enactment of this Act by Haida Corporation or Sealaska. Nothing in 
this Act shall be construed in any way as affecting the existing 
ownership or as limiting the use of lands owned by the respective 
Corporations on the date of enactment of this Act. Nothing in this 
Act shall be construed to limit the authority of the Secretary to 
enter into land exchanges pursuant to existing exchange authori-
ties. No action of the Secretary or the Secretary of the Interior in 
effecting any conveyance of lands or interests therein authorized 
under this Act shall be deemed a major Federal action for purposes 
of the National Environmental Policy Act of 1969, nor shall any 
determination pursuant to section 810 of the Alaska National In-
terest Lands Conservation Act be required prior to implementation 
16 use 3120 
of any provision of this Act. 
SEC. 9. FUNDING. 
There are authorized to be appropriated from the Land and Water 
Conservation Fund up to $11,000,000 to fund payments to Haida 
Corporation under section 3. 
SEC. 10. FUTURE SELECTIONS. 
(a) WITHDRAWALS.—(1) On and after the effective date of this 
section, the Secretary of the Interior, after consultation with the 
Secretary, the Governor of Alaska, the Haida Corporation, and 
Sealaska is authorized and directed to withdraw from all forms of 
entry and appropriation under the public land laws, including the 
mining, mineral leasing, and geothermal leasing laws. Federal lands 
in Alaska outside any conservation system unit for selection by 
Haida Corporation pursuant to this section. The Secretary shall not 
concur in any withdrawal which would impair the Secretary's abil-
ity to manage the Tongass National Forest in accordance with 
applicable requirements of law. 
(2) Withdrawals pursuant to this subsection shall be in an aggre-
gate amount equal to twice the acreage of Haida Corporation's 
selection rights. 
(3) Lands withdrawn pursuant to this subsection shall be, to the 
maximum extent possible, lands accessible from the coast which are 
of like kind and character to those traditionally used and occupied 
by the shareholders of Haida Corporation and shall be, to the 
maximum extent possible, capable of utilization for economic return 
to Haida Corporation. No lands within the National Forest System 
shall be withdrawn under this subsection without the concurrence 
of the Secretary. 
(b) SELECTIONS.—For one year after the completion of withdrawals 
pursuant to subsection (a) of this section, Haida Corporation shall be 
entitled but not required to select for conveyance to such corpora-
tion from lands withdrawn pursuant to subsection (a) lands not to 
exceed an amount equal in acreage to Haida Corporation selection 
rights which as of the date of selection had not been relinquished or 
"i^ 
42 u s e 4321 
note. 
Appropriation 
authorization. 
Minerals and 
mining. 
Energy. 
National Forest 
System. 
100 STAT. 4308 
PUBLIC LAW 99-664—NOV. 17, 1986 
43 use 1601 
note. 
Termination 
date. 
16 use 3195 
note. 
16 use 3195. 
eultural 
programs. 
National Forest 
System. 
disposed of by Haida Corporation. Haida Corporation shall notify 
the Secretary of the Interior which, if any, of the lands so with-
drawn Haida Corporation wishes to select and which such selection 
rights Haida Corporation intends to relinquish in return for its 
selections. After their selection, the surface estate in lands selected 
by Haida Corporation pursuant to this subsection shall be conveyed 
to Haida Corporation and the subsurface estate in such lands shall 
be conveyed to Sealaska in partial fulfillment of such corporations' 
entitlements under the Alaska Native Claims Settlement Act and 
pursuant to the provisions of that Act. 
(c) DURATION.—All withdrawals made pursuant to subsection (a) 
and all withdrawals in aid of Haida Corporation selections made 
pursuant to the Alaska Native Claims Settlement Act prior to the 
date of enactment of this Act of land not selected by Haida Corpora-
tion shall terminate two years after the last withdrawal is made 
pursuant to subsection (a). 
(d) EFFECTIVE DATE.—This section shall take effect on January 1, 
1995. 
SEC. 11. COOPERATIVE INFORMATION AND EDUCATION CENTER. 
(a) AUTHORIZATION.—There is hereby authorized to be appro-
priated $250,000 to be used by the Secretary of Agriculture to 
conduct surveys, develop designs, and carry out other preliminary 
work related to the establishment of an Information and Education 
Center provided for in section 1305 of Public Law 96-487. 
0?) PURPOSES.—The purposes of the Center authorized by subsec-
tion (a) shall be— 
(1) to collect and disseminate to visitors to and residents of 
Alaska information about the natural, recreational, cultural, 
historical, archeological, multiple use, and other resources and 
values of Alaska, with special emphasis on the Tongass Na-
tion£d Forest and Southeast Alaska and its people; 
(2) to publicly display temporary and permanent exhibits 
illustrating and interpreting these resources and values; 
(3) to foster educational programs relating to the heritage 
^ 
resources of Alaska including those pertaining to Alaska Native 
peoples with particular emphasis on the Haida, Tshimshian, 
and Tglingit peoples of Southeast Alaska. 
(c) DESIGN.—Design of the center in subsection (a) shall be devel-
oped in consultation with other appropriate Federal agencies, the 
Alaska Division of Tourism and other appropriate agencies of the 
State of Alaska, the local government of the city in which such 
center is to be located, and southeast Alaska Native organizations. 
(d) CONSULTATION.—In establishing, operating, and maintaining 
the center (and any affiliated branches), the Secretary of Agri-
culture shall consult with, in addition to those listed in subsection 
(c), Alaska colleges and universities, the National Historic Associa-
tion of Alaska, the Alaska Federation of Natives, and appropriate 
individuals and other organizations concerned with the diverse 
heritage resources of Alaska. 
(e) COOPERATIVE AGREEMENTS.—The Secretary of Agriculture is 
authorized to enter into cooperative agreements with those individ-
uals and organizations listed in subsections (c) and (d) to facilitate 
carrying out the purposes of the Center. 
JS** -i 
PUBLIC LAW 99-664—NOV. 17, 1986 
100 STAT. 4309 
(f) DEVELOPMENT PLAN.—Within one year after the date of enact-
ment of this Act, and after consultation with the individuals and 
organizations listed in subsections (c) and (d), the Secretary of 
Agriculture shall submit to Congress a development plan for the 
Center along with an estimate of the cost. 
Approved November 17, 1986. 
LEGISLATIVE HISTORY—H.R. 5730: 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Oct. 17, considered and passed House and Senate.