113 S340 RS: Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act
U.S. Senate
2013-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 176113th CONGRESS1st SessionS. 340[Report No. 113–98]IN THE SENATE OF THE UNITED STATESFebruary 14, 2013Ms. Murkowski (for
			 herself and Mr. Begich) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 ResourcesSeptember 10, 2013Reported by Mr. Wyden,
			 with an amendmentStrike out all after the enacting clause and insert
			 the part printed in italicA BILLTo provide for the settlement of certain claims under the
		  Alaska Native Claims Settlement Act, and for other purposes.1.Short titleThis Act may be cited as the
			 Southeast Alaska Native Land Entitlement Finalization and
			 Jobs Protection Act.2.DefinitionsIn this Act:(1)MapsThe
			 term maps means the maps entitled Sealaska Land Entitlement
			 Finalization, numbered 1 through 17 and dated October 17, 2012, and
			 numbered 18 and dated December 21, 2012.(2)SealaskaThe
			 term Sealaska means the Sealaska Corporation, a Regional Native
			 Corporation established under the Alaska Native Claims Settlement Act (43
			 U.S.C. 1601 et seq.).(3)SecretaryThe
			 term Secretary means the Secretary of the Interior.(4)StateThe
			 term State means the State of Alaska.3.Finalization of
			 entitlement(a)In
			 generalIf, not later than 90 days after the date of enactment of
			 this Act, the Secretary receives a corporate resolution adopted by the board of
			 directors of Sealaska agreeing to accept the conveyance of land described in
			 subsection (b) in accordance with this Act as full and final satisfaction of
			 the remaining land entitlement of Sealaska under section 14(h) of the Alaska
			 Native Claims Settlement Act (43 U.S.C. 1613(h)), the Secretary shall—(1)implement the
			 provisions of this Act; and(2)charge the
			 entitlement pool under section 14(h)(8) of the Alaska Native Claims Settlement
			 Act (43 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the number of acres
			 deducted under subsection (b)(2), in fulfillment of the remaining land
			 entitlement for Sealaska under that Act, notwithstanding whether the surveyed
			 acreage of the 18 parcels of land generally depicted on the maps as
			 Sealaska Selections and patented under section 4 is less than or
			 more than 69,585 acres, reduced by the number of acres deducted under
			 subsection (b)(2).(b)Final
			 entitlement(1)In
			 generalExcept as provided in paragraph (2), the land described
			 in subsection (a) shall consist of—(A)the 18 parcels of
			 Federal land comprising approximately 69,585 acres that is generally depicted
			 as Sealaska Selections on the maps; and(B)a total of not
			 more than 490 acres of Federal land for cemetery sites and historical places
			 comprised of parcels that are applied for in accordance with section 5.(2)Deduction(A)In
			 generalThe Secretary shall deduct from the number of acres of
			 Federal land described in paragraph (1)(A) the number of acres of Federal land
			 for which the Secretary has issued a conveyance during the period beginning on
			 August 1, 2012, and ending on the date of receipt of the resolution under
			 subsection (a).(B)AgreementThe
			 Secretary, the Secretary of Agriculture, and Sealaska shall negotiate in good
			 faith to make a mutually agreeable adjustment to the parcel of Federal land
			 generally depicted on the maps entitled Sealaska Land Entitlement
			 Finalization, numbered 1 of 17, and dated October 17, 2012, and the map
			 numbered 18 and dated December 21, 2012, to implement the deduction of acres
			 required by subparagraph (A).(c)Effect of
			 acceptanceThe resolution filed by Sealaska in accordance with
			 subsection (a) shall—(1)be final and
			 irrevocable; and(2)without any
			 further administrative action by the Secretary, result in—(A)the relinquishment
			 of all existing selections made by Sealaska under subsection 14(h)(8) of the
			 Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and(B)the termination of
			 all withdrawals by section 16 of the Alaska Native Claims Settlement Act (43
			 U.S.C. 1615), except to the extent a selection by a Village Corporation under
			 subsections (b) and (d) of section 16 of the Alaska Native Claims Settlement
			 Act (43 U.S.C. 1615) remains pending, until the date on which those selections
			 are resolved.(d)Failure To
			 acceptIf Sealaska fails to file the resolution in accordance
			 with subsection (a)—(1)the provisions of
			 this Act shall cease to be effective; and(2)the Secretary
			 shall, not later than 27 months after the date of enactment of this Act,
			 complete the interim conveyance of the remaining land entitlement to Sealaska
			 under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C.
			 1613(h)(8)) from prioritized selections on file with the Secretary on the date
			 of enactment of this Act.(e)Scope of
			 lawExcept as provided in subsections (d) and (f), this Act
			 provides the exclusive authority under which the remaining land entitlement of
			 Sealaska under section 14(h) of the Alaska Native Claims Settlement Act (43
			 U.S.C. 1613(h)) may be fulfilled.(f)EffectNothing
			 in this Act affects any land that is—(1)the subject of an
			 application under subsection (h)(1) of section 14 of the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1613) that is pending on the date of enactment of
			 this Act; and(2)conveyed in
			 accordance with that subsection.4.Conveyances to
			 Sealaska(a)Interim
			 conveyanceSubject to valid existing rights, subsections (c),
			 (d), and (e), section 3(b), and section 6(a), the Secretary shall complete the
			 interim conveyance of the 18 parcels of Federal land comprising approximately
			 69,585 acres generally depicted on the maps by the date that is 60 days after
			 the date of receipt of the resolution under section 3(a), subject to the
			 Secretary identifying and reserving, by the date that is 2 years after the date
			 of enactment of this Act, any easement that could have been reserved in
			 accordance with this Act prior to the interim conveyance.(b)Withdrawal(1)In
			 generalSubject to valid existing rights, the Federal land
			 described in subsection (a) is withdrawn from—(A)all forms of
			 appropriation under the public land laws;(B)location, entry,
			 and patent under the mining laws;(C)disposition under
			 laws relating to mineral or geothermal leasing; and(D)selection under
			 the Act of July 7, 1958 (commonly known as the Alaska Statehood
			 Act) (48 U.S.C. note prec. 21; Public Law 85–508).(2)TerminationThe
			 withdrawal under paragraph (1) shall remain in effect until—(A)if Sealaska fails
			 to file a resolution in accordance with section 3(a), the date that is 90 days
			 after the date of enactment of this Act; or(B)the date on which
			 the Federal land is conveyed under subsection (a).(c)Treatment of
			 land conveyedExcept as otherwise provided in this Act, any land
			 conveyed to Sealaska under subsection (a) shall be—(1)considered to be
			 land conveyed by the Secretary under section 14(h)(8) of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1613(h)(8)); and(2)subject to all
			 laws (including regulations) applicable to entitlements under section 14(h)(8)
			 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), including
			 section 907(d) of the Alaska National Interest Lands Conservation Act (43
			 U.S.C. 1636(d)).(d)Easements(1)Public
			 easementsThe deeds of conveyance for the land under subsection
			 (a) shall be subject to the reservation of public easements under section 17(b)
			 of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)).(2)Conservation
			 easements(A)In
			 generalIn the deeds of conveyance for the land under subsection
			 (a), the Secretary shall reserve a conservation easement to protect the aquatic
			 and riparian habitat extending 100 feet on each side of the anadromous water
			 bodies depicted as 100 Foot Conservation Easement on the maps
			 numbered 3, 4, and 6.(B)ProhibitionThe
			 commercial harvest of timber within the conservation easements described in
			 subparagraph (A) shall be prohibited, except that Sealaska may, for the purpose
			 of harvesting timber outside of the conservation easement—(i)maintain roads
			 within the conservation easement that are in existence on the date of enactment
			 of this Act; and(ii)construct
			 temporary roads and yarding corridors across the conservation easements in
			 accordance with the applicable National Forest System construction
			 standards.(C)AdministrationThe
			 Secretary of Agriculture shall administer the conservation easements described
			 in subparagraph (A).(3)Research
			 easementIn the deed of conveyance for the land generally
			 depicted on the map entitled Sealaska Land Entitlement
			 Finalization, numbered 7 of 17, and dated October 17, 2012, the
			 Secretary shall reserve an easement—(A)to access and
			 continue Forest Service research activities on the study plots located on the
			 land; and(B)that shall remain
			 in effect for a 10-year period beginning on the date of enactment of this
			 Act.(4)Koscuisko Island
			 road easement(A)In
			 generalThe deeds of conveyance for the land on Koscuisko Island
			 under subsection (a) shall grant to Sealaska an easement providing access to
			 and use by Sealaska of the log transfer facility at Shipley Bay on Koscuisko
			 Island, subject to—(i)the agreement
			 under subparagraph (C); and(ii)the agreement
			 under section 6(b).(B)Scope of the
			 EasementThe easement under subparagraph (A) shall enable
			 Sealaska—(i)to construct, use,
			 and maintain a road connecting the Forest Service Road known as Cape
			 Pole Road to the Forest Service Road known as South Shipley Bay
			 Road within the corridor depicted on the map entitled Sealaska
			 Land Entitlement Finalization, numbered 3 of 17, and dated October 17,
			 2012;(ii)to use, maintain,
			 and if necessary, reconstruct the Forest Service Road known as South
			 Shipley Bay Road referred to in clause (i) to access the log transfer
			 facility at Shipley Bay; and(iii)to use,
			 maintain, and expand the log transfer and sort yard facility at Shipley Bay
			 that is within the area depicted on the map entitled Sealaska Land
			 Entitlement Finalization, numbered 3 of 17 and dated October 17,
			 2012.(C)Roads and
			 facilities use agreementIn addition to the agreement under
			 section 6(b), the Secretary and Sealaska shall enter into an agreement relating
			 to the access, use, maintenance, and improvement of the roads and facilities
			 under this paragraph.(D)Determination of
			 location; legal descriptionSealaska shall—(i)in consultation
			 with the Secretary, determine the location within the corridor of the
			 centerline of the road described in subparagraph (B)(i); and(ii)provide to the
			 Secretary a legal description of the centerline acceptable for granting the
			 easement described in subparagraph (B)(i).(e)Hunting,
			 fishing, and recreation(1)In
			 generalAny land conveyed under subsection (a) that is located
			 outside a withdrawal area designated under section 16(a) of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1615(a)) shall remain open and available to
			 subsistence uses, as that term is defined in section 803 of the Alaska National
			 Interest Lands Conservation Act (16 U.S.C. 3113), and noncommercial
			 recreational hunting and fishing and other recreational uses by the public
			 under applicable law—(A)without liability
			 on the part of Sealaska, except for willful acts, to any user as a result of
			 the use; and(B)subject to—(i)any reasonable
			 restrictions that may be imposed by Sealaska on the public use—(I)to ensure public
			 safety;(II)to minimize
			 conflicts between recreational and commercial uses;(III)to protect
			 cultural resources;(IV)to conduct
			 scientific research; or(V)to provide
			 environmental protection; and(ii)the condition
			 that Sealaska post on any applicable property, in accordance with State law,
			 notices of the restrictions on use.(2)EffectAccess
			 provided to any individual or entity under paragraph (1) shall not—(A)create an interest
			 in any third party in the land conveyed under subsection (a); or(B)provide standing
			 to any third party in any review of, or challenge to, any determination by
			 Sealaska with respect to the management or development of the land conveyed
			 under subsection (a), except as against Sealaska for the management of public
			 access under paragraph (1).5.Cemetery sites
			 and historical places(a)In
			 generalNotwithstanding section 14(h)(1)(E) of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may submit
			 applications for the conveyance under section 14(h)(1)(A) of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of not more than 76 cemetery
			 sites and historical places—(1)that are listed in
			 the document entitled Sealaska Cemetery Sites and Historical
			 Places and dated October 17, 2012;(2)that are cemetery
			 sites and historical places included in the report by Wilsey and Ham, Inc.,
			 entitled 1975 Native Cemetery and Historic Sites of Southeast Alaska
			 (Preliminary Report) and dated October 1975;(3)for which Sealaska
			 has not previously submitted an application; and(4)that are not
			 located within a conservation system unit (as defined in section 102 of the
			 Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)).(b)Procedure for
			 evaluating applicationsExcept as otherwise provided in this
			 section, the Secretary shall consider all applications submitted under this
			 section in accordance with the criteria and procedures set forth in applicable
			 regulations in effect as of the date of enactment of this Act.(c)ConveyanceThe
			 Secretary may convey cemetery sites and historical places under this section
			 that result in the conveyance of a total of approximately 490 acres of Federal
			 land comprised of parcels that are—(1)applied for in
			 accordance with this section; and(2)subject to—(A)valid existing
			 rights;(B)the public access
			 provisions of subsection (g);(C)the condition that
			 the conveyance of land for the site listed under subsection (a)(1) as
			 Bay of Pillars Portage is limited to 25 acres in T.60 S., R.72
			 E., Sec. 28, Copper River Meridian; and(D)the condition that
			 any access to or use of the cemetery sites and historical places shall be
			 consistent with the management plans for adjacent public land, if the
			 management plans are more restrictive than the laws (including regulations)
			 applicable under subsection (i).(d)TimelineNo
			 application for a cemetery site or historical place may be submitted under
			 subsection (a) after the date that is 2 years after the date of enactment of
			 this Act.(e)Consultation
			 with Recognized Tribal EntitySealaska shall—(1)consult with any
			 affected federally recognized Indian tribe before submitting any application
			 for a cemetery site or historical place located within the traditional
			 territory of the Indian tribe; and(2)include with each
			 application described in paragraph (1) a statement that the required
			 consultation was carried out in accordance with that paragraph.(f)Selection of
			 additional cemetery sitesIf Sealaska submits timely applications
			 to the Secretary in accordance with subsections (a), (d), and (e), for all 76
			 sites listed under subsection (a)(1), and the Secretary rejects any of those
			 applications in whole or in part—(1)not later than 2
			 years after the date on which the Secretary completes the conveyance of
			 eligible cemetery sites and historical places applied for under subsection (a),
			 and subject to subsection (e), Sealaska may submit applications for the
			 conveyance under section 14 (h)(1)(A) of the Alaska Native Claims Settlement
			 Act (43 U.S.C. 1613(h)(1)(A)) of additional cemetery sites that are not located
			 in a conservation system unit described in (a)(4), the total acreage of which,
			 together with the cemetery sites and historical places previously conveyed by
			 the Secretary under subsection (c), shall not exceed 490 acres; and(2)the Secretary
			 shall—(A)consider any
			 applications for the conveyance of additional cemetery sites in accordance with
			 subsection (b); and(B)if the
			 applications are approved, provide for the conveyance of the sites in
			 accordance with subsection (c).(g)Public
			 access(1)In
			 generalSubject to paragraph (2), any land conveyed under this
			 section shall be subject to—(A)the reservation of
			 public easements under section 17(b) of the Alaska Native Claims Settlement Act
			 (43 U.S.C. 1616(b));(B)public access
			 across the conveyed land in cases in which no reasonable alternative access
			 around the land is available, without liability to Sealaska, except for willful
			 acts, to any user by reason of the use; and(C)public access
			 within 25 feet of any Class I stream described in section 705(e) of the Alaska
			 National Interest Lands Conservation Act (16 U.S.C. 539d(e)) for noncommercial
			 recreational and subsistence fishing, without liability to Sealaska, except for
			 willful acts, to any user by reason of the use.(2)LimitationsThe
			 public access and use under subparagraphs (B) and (C) of paragraph (1) shall be
			 subject to—(A)any reasonable
			 restrictions that may be imposed by Sealaska on the public access and
			 use—(i)to ensure public
			 safety;(ii)to protect and
			 conduct research on the historic, archaeological, and cultural resources of the
			 conveyed land; or(iii)to provide
			 environmental protection;(B)the condition that
			 Sealaska post on any applicable property, in accordance with State law, notices
			 of the restrictions on the public access and use; and(C)the condition that
			 the public access and use shall not be incompatible with or in derogation of
			 the values of the area as a cemetery site or historical place, as provided in
			 section 2653.11 of title 43, Code of Federal Regulations (or a successor
			 regulation).(3)EffectAccess
			 provided to any individual or entity by paragraph (1) shall not—(A)create an interest
			 in any third party in the land conveyed under this section; or(B)provide standing
			 to any third party in any review of, or challenge to, any determination by
			 Sealaska with respect to the management or development of the land conveyed
			 under this section, except as against Sealaska for the management of public
			 access under paragraph (2).(h)Prohibition on
			 transfer or loss(1)Prohibition on
			 transferNotwithstanding any other provision of law, Sealaska
			 shall not—(A)alienate,
			 transfer, assign, mortgage, or pledge any cemetery site or historical place
			 conveyed under this section to any person or entity other than the United
			 States; or(B)permit development
			 or improvement of the cemetery site or historical place for any use which is
			 incompatible with, or is in derogation of, the values of the area as a cemetery
			 site or historical place.(2)Prohibition on
			 lossNotwithstanding any other provision of law, any cemetery
			 site or historical place conveyed to Sealaska under this section shall be
			 exempt from—(A)adverse possession
			 and similar claims based on estoppel;(B)real property
			 taxes by any governmental entity;(C)title 11 of the
			 United States Code or a successor law, any other insolvency or moratorium law,
			 or any other law generally affecting creditors’ rights;(D)judgments in any
			 action at law or in equity to recover sums owed or penalties incurred by
			 Sealaska or any employee, officer, director, or shareholder of Sealaska;
			 and(E)involuntary
			 distributions or conveyances to any person or entity other than the United
			 States related to the involuntary dissolution of Sealaska.(i)Treatment of
			 land conveyedExcept as otherwise provided in this Act, any land
			 conveyed to Sealaska under this section shall be—(1)considered land
			 conveyed by the Secretary under section 14(h)(1) of the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1613(h)(1)); and(2)subject to all
			 laws (including regulations) applicable to conveyances under section 14(h)(1)
			 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)), including
			 section 907(d) of the Alaska National Interest Lands Conservation Act (43
			 U.S.C. 1636(d)).6.Miscellaneous(a)Special use
			 authorizations(1)In
			 generalOn the conveyance of land to Sealaska under section
			 4(a)—(A)any guiding or
			 outfitting special use authorization issued by the Forest Service for the use
			 of the conveyed land shall terminate; and(B)as a condition of
			 the conveyance and consistent with section 14(g) of the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1613(g)), Sealaska shall allow the holder of the
			 special use authorization terminated under subparagraph (A) to continue the
			 authorized use, subject to the terms and conditions that were in the special
			 use authorization issued by the Forest Service, for—(i)the remainder of
			 the term of the authorization; and(ii)1 additional
			 consecutive 10-year renewal period.(2)Notice of
			 commercial activitiesSealaska and any holder of a guiding or
			 outfitting authorization under this subsection 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 Sealaska under section 4(a).(3)Negotiation of
			 new termsNothing in this subsection precludes Sealaska and the
			 holder of a guiding or outfitting authorization from negotiating a new mutually
			 agreeable guiding or outfitting authorization.(4)LiabilityNeither
			 Sealaska nor the United States shall bear any liability, except for willful
			 acts of Sealaska or the United States, regarding the use and occupancy of any
			 land conveyed to Sealaska under this Act, as provided in any outfitting or
			 guiding authorization under this subsection.(b)Roads and
			 facilitiesNot later than 1 year after the date of enactment of
			 this Act, the Secretary of Agriculture and Sealaska shall negotiate in good
			 faith to develop a binding agreement—(1)for the use of
			 National Forest System roads and related transportation facilities by Sealaska;
			 and(2)the use of
			 Sealaska roads and related transportation facilities by the Forest
			 Service.(c)Traditional
			 trade and migration route designations(1)Designations(A)The Inside
			 PassageThe route from Yakutat to Dry Bay, as generally depicted
			 on the map entitled “Traditional Trade and Migration Route, Neix naax aan
			 náx—The Inside Passage” and dated October 17, 2012, is designated as “Neix naax
			 aan náx” (“The Inside Passage”).(B)Canoe
			 RoadThe route from the Bay of Pillars to Port Camden, as
			 generally depicted on the map entitled “Traditional Trade and Migration Route,
			 Yakwdeiyí—Canoe Road” and dated October 17, 2012, is designated as “Yakwdeiyí”
			 (“Canoe Road”).(C)The People's
			 RoadThe route from Portage Bay to Duncan Canal, as generally
			 depicted on the map entitled “Traditional Trade and Migration Route, Lingít
			 Deiyí—The People’s Road” and dated October 17, 2012, is designated “Lingít
			 Deiyí” (“The People’s Road”).(2)Access to
			 traditional trade and migration routesThe culturally and
			 historically significant trade and migration routes designated by paragraph (1)
			 shall be open to travel by Sealaska and the public in accordance with
			 applicable law, subject to such terms, conditions, and special use
			 authorizations as the Secretary of Agriculture may require.(d)Effect on other
			 laws(1)In
			 generalNothing in this Act delays the duty of the Secretary to
			 convey land to—(A)the State under
			 the Act of July 7, 1958 (commonly known as the Alaska Statehood
			 Act) (48 U.S.C. note prec. 21; Public Law 85–508); or(B)a Native
			 Corporation under—(i)the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1601 et seq.); or(ii)the Alaska Land
			 Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452).(2)ConveyancesThe
			 Secretary shall promptly proceed with the conveyance of all land necessary to
			 fulfill the final entitlement of all Native Corporations in accordance
			 with—(A)the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1601 et seq.); and(B)the Alaska Land
			 Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452).(e)Escrow
			 fundsIf Sealaska files the resolution in accordance with section
			 3(a)—(1)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
			 section 4(b) from the date of receipt of the resolution; and(2)Sealaska shall
			 have no right to any proceeds (including interest) held pursuant to the escrow
			 requirements of section 2 of Public Law 94–204 (43 U.S.C. 1613 note) that were
			 derived from land originally withdrawn for selection by section 16 of the
			 Alaska Native Claims Settlement Act (43 U.S.C. 1615), but not conveyed.(f)Maps(1)AvailabilityEach
			 map referred to in this Act shall be available in the appropriate offices of
			 the Secretary and the Secretary of Agriculture.(2)CorrectionsThe
			 Secretary of Agriculture may make any necessary correction to a clerical or
			 typographical error in a map referred to in this Act.7.Conservation
			 areas(a)LUD II
			 Management AreasIf Sealaska files a resolution in accordance
			 with section 3(a), section 508 of the Alaska National Interest Lands
			 Conservation Act (Public Law 96–487; 104 Stat. 4428) is amended by adding at
			 the end the following:(13)Bay of
				pillarsCertain land which comprises approximately 21,106 acres,
				as generally depicted on the map entitled Bay of Pillars LUD II
				Management Area—Proposed and dated October 17, 2012.(14)Kushneahin
				creekCertain land which comprises approximately 36,624 acres, as
				generally depicted on the map entitled Kushneahin Creek LUD II
				Management Area—Proposed and dated October 17, 2012.(15)Northern prince
				of walesCertain land which comprises approximately 9,064 acres,
				as generally depicted on the map entitled Northern Prince of Wales LUD
				II Management Area—Proposed and dated October 17, 2012.(16)Western
				kosciuskoCertain land which comprises approximately 7,786 acres,
				as generally depicted on the map entitled Western Kosciusko LUD II
				Management Area—Proposed and dated October 17, 2012.(17)Eastern
				kosciuskoCertain land which comprises approximately 1,664 acres,
				as generally depicted on the map entitled Eastern Kosciusko LUD II
				Management Area—Proposed and dated October 17, 2012.(18)Sarkar
				lakesCertain land which comprises approximately 25,402 acres, as
				generally depicted on the map entitled Sarkar Lakes LUD II Management
				Area—Proposed and dated October 17, 2012.(19)Honker
				divideCertain land which comprises approximately 15,584 acres,
				as generally depicted on the map entitled Honker Divide LUD II
				Management Area—Proposed and dated October 17, 2012.(20)Eek lake and
				sukkwan islandCertain land which comprises approximately 34,873
				acres, as generally depicted on the map entitled Eek Lake and Sukkwan
				Island LUD II Management Area—Proposed and dated October 17,
				2012..(b)No buffer
			 zones(1)In
			 generalThe designation of the conservation areas by paragraphs
			 (13) through (20) of section 508 of the Alaska National Interest Lands
			 Conservation Act (Public Law 96–487; 104 Stat. 4428) (as added by subsection
			 (a)) (referred to in this subsection as the conservation areas)
			 is not intended to lead to the creation of protective perimeters or buffer
			 zones around the conservation areas.(2)Outside
			 activitiesThe fact that activities outside of the conservation
			 areas are not consistent with the purposes of the conservation areas or can be
			 seen or heard within the conservation areas shall not preclude the activities
			 or uses outside the boundary of the conservation areas.1.Short titleThis Act may be cited as the
			 Southeast Alaska Native Land Entitlement Finalization and
			 Jobs Protection Act.2.DefinitionsIn this Act:(1)MapsThe
			 term maps means the maps entitled Sealaska Land Entitlement
			 Finalization, numbered 1 through 18, and dated June 14, 2013.(2)SealaskaThe
			 term Sealaska means the Sealaska Corporation, a Regional Native
			 Corporation established under the Alaska Native Claims Settlement Act (43
			 U.S.C. 1601 et seq.).(3)SecretaryThe
			 term Secretary means the Secretary of the Interior.(4)StateThe
			 term State means the State of Alaska.3.Finalization of
			 entitlement(a)In
			 generalIf, not later than 90 days after the date of enactment of
			 this Act, the Secretary receives a corporate resolution adopted by the board of
			 directors of Sealaska agreeing to accept the conveyance of land described in
			 subsection (b) in accordance with this Act as full and final satisfaction of
			 the remaining land entitlement of Sealaska under section 14(h) of the Alaska
			 Native Claims Settlement Act (43 U.S.C. 1613(h)), the Secretary shall—(1)implement the provisions
			 of this Act; and(2)charge the entitlement
			 pool under section 14(h)(8) of the Alaska Native Claims Settlement Act (43
			 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the number of acres deducted under
			 subsection (b)(2), in fulfillment of the remaining land entitlement for
			 Sealaska under that Act, notwithstanding whether the surveyed acreage of the 18
			 parcels of land generally depicted on the maps as Sealaska
			 Selections and patented under section 4 is less than or more than
			 69,585 acres, reduced by the number of acres deducted under subsection
			 (b)(2).(b)Final
			 entitlement(1)In
			 generalExcept as provided in paragraph (2), the 70,075 acres of
			 land described in subsection (a) shall consist of—(A)the 18 parcels of Federal
			 land comprising approximately 69,585 acres that is generally depicted as
			 Sealaska Selections on the maps; and(B)a total of not more than
			 490 acres of Federal land for cemetery sites and historical places comprised of
			 parcels that are applied for in accordance with section 5.(2)Deduction(A)In
			 generalThe Secretary shall deduct from the number of acres of
			 Federal land described in paragraph (1)(A) the number of acres of Federal land
			 for which the Secretary has issued a conveyance under section 14(h)(8) of the
			 Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) during the period
			 beginning on August 1, 2012, and ending on the date of receipt of the
			 resolution under subsection (a).(B)AgreementThe
			 Secretary, the Secretary of Agriculture, and Sealaska shall negotiate in good
			 faith to make a mutually agreeable adjustment to the parcel of Federal land
			 generally depicted on the maps numbered 1 and 18 to implement the deduction of
			 acres required by subparagraph (A).(c)Effect of
			 acceptanceThe resolution filed by Sealaska in accordance with
			 subsection (a) shall—(1)be final and irrevocable;
			 and(2)without any further
			 administrative action by the Secretary, result in—(A)the relinquishment of all
			 existing selections made by Sealaska under subsection 14(h)(8) of the Alaska
			 Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and(B)the termination of all
			 withdrawals by section 16 of the Alaska Native Claims Settlement Act (43 U.S.C.
			 1615), except to the extent a selection by a Village Corporation under
			 subsections (b) and (d) of section 16 of the Alaska Native Claims Settlement
			 Act (43 U.S.C. 1615) remains pending, until the date on which those selections
			 are resolved.(d)Failure To
			 acceptIf Sealaska fails to file the resolution in accordance
			 with subsection (a)—(1)the provisions of this
			 Act shall cease to be effective, except as otherwise provided in this
			 section;(2)the Secretary shall, not
			 later than 5 years after the date of enactment of this Act, complete the
			 interim conveyance of the remaining land entitlement to Sealaska under section
			 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) from
			 prioritized selections on file with the Secretary on the date of enactment of
			 this Act; and(3)(A)the remaining land
			 entitlement of Sealaska under section 14(h)(8) of the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1613(h)(8)) shall be 70,075 acres, provided that the
			 Secretary shall deduct the number of acres of Federal land for which the
			 Secretary has issued a conveyance under section 14(h)(8) of that Act (43 U.S.C.
			 1613(h)(8)) during the period beginning on August 1, 2012, and ending 90 days
			 after the date of enactment of this Act; and(B)if the Governor of the
			 State does not approve the prioritized selections of Sealaska in the Saxman or
			 Yakutat withdrawal areas as required by subsection 14(h)(8)(B) of the Alaska
			 Native Claims Settlement Act (43 U.S.C. 1613(h)(8)(B)) by the date that is 42
			 months after the date of enactment of this Act, the Secretary shall reject
			 those selections and fulfill the remaining land entitlement of Sealaska from
			 the remaining prioritized selections on file with the Secretary on the date of
			 enactment of this Act.(e)Scope of
			 lawExcept as provided in subsections (d) and (f), this Act
			 provides the exclusive authority under which the remaining land entitlement of
			 Sealaska under section 14(h) of the Alaska Native Claims Settlement Act (43
			 U.S.C. 1613(h)) may be fulfilled.(f)EffectNothing
			 in this Act affects any land that is—(1)the subject of an
			 application under subsection (h)(1) of section 14 of the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1613) that is pending on the date of enactment of
			 this Act; and(2)conveyed in accordance
			 with that subsection.4.Conveyances to
			 Sealaska(a)Interim
			 conveyance(1)In
			 generalSubject to valid existing rights, subsections (c), (d),
			 and (e), section 3(b), and section 6(a), the Secretary shall complete the
			 interim conveyance of the 18 parcels of Federal land comprising approximately
			 69,585 acres generally depicted on the maps by the date that is 60 days after
			 the date of receipt of the resolution under section 3(a), subject to the
			 Secretary identifying and reserving, by the date that is 2 years after the date
			 of enactment of this Act, any easement under section 17(b) of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1616(b)) that could have been reserved prior
			 to the interim conveyance.(2)Failure to reserve
			 easements by deadlineIf the Secretary does not complete the
			 reservation of easements under paragraph (1) by the date that is 2 years after
			 the date of enactment of this Act, the Secretary shall reserve the easements as
			 soon as practicable after that date.(b)Withdrawal(1)In
			 generalSubject to valid existing rights, the Federal land
			 described in subsection (a) is withdrawn from—(A)all forms of
			 appropriation under the public land laws;(B)location, entry, and
			 patent under the mining laws;(C)disposition under laws
			 relating to mineral or geothermal leasing; and(D)selection under the Act
			 of July 7, 1958 (commonly known as the Alaska Statehood Act) (48
			 U.S.C. note prec. 21; Public Law 85–508).(2)TerminationThe
			 withdrawal under paragraph (1) shall remain in effect until—(A)if Sealaska fails to file
			 a resolution in accordance with section 3(a), the date that is 90 days after
			 the date of enactment of this Act; or(B)the date on which the
			 Federal land is conveyed under subsection (a).(c)Treatment of land
			 conveyedExcept as otherwise provided in this Act, any land
			 conveyed to Sealaska under subsection (a) shall be—(1)considered to be land
			 conveyed by the Secretary under section 14(h)(8) of the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1613(h)(8)); and(2)subject to all laws
			 (including regulations) applicable to entitlements under section 14(h)(8) of
			 the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), including
			 section 907(d) of the Alaska National Interest Lands Conservation Act (43
			 U.S.C. 1636(d)).(d)Easements(1)Public
			 easements(A)In
			 generalThe interim conveyance and patents for the land under
			 subsection (a) shall be subject to the reservation of public easements under
			 section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C.
			 1616(b)).(B)TerminationNo
			 public easement reserved on land conveyed under subsection (a) shall be
			 terminated without publication of notice of the proposed termination in the
			 Federal Register.(C)Reservation of
			 easementsIn the interim conveyance and patents for the land
			 under subsection (a), the Secretary shall reserve the right of the Secretary to
			 amend the interim conveyance and patents to include reservations of public
			 easements under section 17(b) of the Alaska Native Claims Settlement Act (43
			 U.S.C. 1616(b)) until the completion of the easement reservation
			 process.(2)Conservation
			 easements(A)In
			 generalIn the interim conveyance and patents for the land under
			 subsection (a), the Secretary shall reserve a conservation easement to protect
			 the aquatic and riparian habitat extending 100 feet on each side of the
			 anadromous water bodies depicted as 100 Foot Conservation
			 Easement on the maps numbered 3, 4, and 6.(B)ProhibitionThe
			 commercial harvest of timber within the conservation easements described in
			 subparagraph (A) shall be prohibited, except that Sealaska may, for the purpose
			 of harvesting timber outside of the conservation easement—(i)maintain roads within the
			 conservation easement that are in existence on the date of enactment of this
			 Act; and(ii)construct temporary
			 roads and yarding corridors across the conservation easements in accordance
			 with the applicable National Forest System construction standards.(C)AdministrationThe
			 Secretary of Agriculture shall administer the conservation easements described
			 in subparagraph (A).(3)Research
			 easementIn the interim conveyance and patent for the land
			 generally depicted on the map numbered 7, the Secretary shall reserve an
			 easement—(A)to access and continue
			 Forest Service research activities on the study plots located on the land;
			 and(B)that shall remain in
			 effect for a 10-year period beginning on the date of enactment of this
			 Act.(4)Koscuisko Island road
			 easement(A)In
			 generalConcurrently with the conveyance of land under subsection
			 (a), the Secretary shall grant to Sealaska an easement on Koscuisko Island
			 providing access to and use by Sealaska of the sort yard and all other upland
			 facilities at the sort yard that are associated with the transfer of logs to
			 the marine environment, subject to—(i)the agreement under
			 subparagraph (C); and(ii)the agreement under
			 section 6(b).(B)Scope of the
			 EasementThe easement under subparagraph (A) shall enable
			 Sealaska—(i)to construct, use, and
			 maintain a road connecting the National Forest System Road known as Cape
			 Pole Road to the National Forest System Road known as South
			 Shipley Bay Road within the corridor depicted on the map numbered
			 3;(ii)to use, maintain, and if
			 necessary, reconstruct the National Forest System Road known as South
			 Shipley Bay Road referred to in clause (i) to access the sort yard and
			 associated upland facilities at Shipley Bay; and(iii)to use, maintain, and
			 expand the sort yard and associated upland facilities at Shipley Bay that are
			 within the area depicted on the map numbered 3.(C)Roads and facilities
			 use agreementIn addition to the agreement under section 6(b),
			 the Secretary of Agriculture and Sealaska shall enter into an agreement
			 relating to the access, use, maintenance, and improvement of the roads and
			 facilities under this paragraph.(D)EffectNothing
			 in this paragraph preempts or otherwise affects State or local regulatory
			 authority.(e)Hunting, fishing, and
			 recreation(1)In
			 generalAny land conveyed under subsection (a) that is located
			 outside a withdrawal area designated under section 16(a) of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1615(a)) shall remain open and available to
			 subsistence uses, noncommercial recreational hunting and fishing, and other
			 noncommercial recreational uses by the public under applicable law—(A)without liability on the
			 part of Sealaska, except for willful acts, to any user as a result of the use;
			 and(B)subject to—(i)any reasonable
			 restrictions that may be imposed by Sealaska on the public use—(I)to ensure public
			 safety;(II)to minimize conflicts
			 between recreational and commercial uses;(III)to protect cultural
			 resources;(IV)to conduct scientific
			 research; or(V)to provide environmental
			 protection; and(ii)the condition that
			 Sealaska post on any applicable property, in accordance with State law, notices
			 of the restrictions on use.(2)EffectAccess
			 provided to any individual or entity under paragraph (1) shall not—(A)create an interest in any
			 third party in the land conveyed under subsection (a); or(B)provide standing to any
			 third party in any review of, or challenge to, any determination by Sealaska
			 with respect to the management or development of the land conveyed under
			 subsection (a), except as against Sealaska for the management of public access
			 under paragraph (1).5.Cemetery sites and
			 historical places(a)In
			 generalNotwithstanding section 14(h)(1)(E) of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may submit
			 applications for the conveyance under section 14(h)(1)(A) of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of not more than 76 cemetery
			 sites and historical places—(1)that are listed in the
			 document entitled Sealaska Cemetery Sites and Historical Places
			 and dated October 17, 2012;(2)that are cemetery sites
			 and historical places included in the report by Wilsey and Ham, Inc., entitled
			 1975 Native Cemetery and Historic Sites of Southeast Alaska (Preliminary
			 Report) and dated October 1975;(3)for which Sealaska has
			 not previously submitted an application; and(4)that are not located
			 within a conservation system unit (as defined in section 102 of the Alaska
			 National Interest Lands Conservation Act (16 U.S.C. 3102)).(b)Procedure for
			 evaluating applicationsExcept as otherwise provided in this
			 section, the Secretary shall consider all applications submitted under this
			 section in accordance with the criteria and procedures set forth in applicable
			 regulations in effect as of the date of enactment of this Act.(c)ConveyanceIf
			 approved under the procedures described in subsection (b), the Secretary shall
			 convey cemetery sites and historical places that result in the conveyance of a
			 total of approximately 490 acres of Federal land comprised of parcels that
			 are—(1)applied for in accordance
			 with this section; and(2)subject to—(A)valid existing
			 rights;(B)the public access
			 provisions of subsection (g);(C)the condition that the
			 conveyance of land for the site listed under subsection (a)(1) as Bay of
			 Pillars Portage is limited to not more than 25 acres in T.60 S., R.72
			 E., Sec. 28, Copper River Meridian; and(D)the condition that any
			 access to or use of the cemetery sites and historical places shall be
			 consistent with the management plans for adjacent public land, if the
			 management plans are more restrictive than the laws (including regulations)
			 applicable under subsection (i).(d)TimelineNo
			 application for a cemetery site or historical place may be submitted under
			 subsection (a) after the date that is 2 years after the date of enactment of
			 this Act.(e)Consultation with
			 Recognized Tribal EntitySealaska shall—(1)consult with any affected
			 federally recognized Indian tribe before submitting any application for a
			 cemetery site or historical place located within the vicinity of the Indian
			 tribe; and(2)include with each
			 application described in paragraph (1) a statement that the required
			 consultation was carried out in accordance with that paragraph.(f)Selection of additional
			 cemetery sitesIf Sealaska submits timely applications to the
			 Secretary in accordance with subsections (a), (d), and (e), for all 76 sites
			 listed under subsection (a)(1), and the Secretary rejects any of those
			 applications in whole or in part—(1)not later than 2 years
			 after the date on which the Secretary completes the conveyance of eligible
			 cemetery sites and historical places applied for under subsection (a), and
			 subject to subsection (e), Sealaska may submit applications for the conveyance
			 under section 14 (h)(1)(A) of the Alaska Native Claims Settlement Act (43
			 U.S.C. 1613(h)(1)(A)) of additional cemetery sites that are not located in a
			 conservation system unit described in (a)(4), the total acreage of which,
			 together with the cemetery sites and historical places previously conveyed by
			 the Secretary under subsection (c), shall not exceed 490 acres; and(2)the Secretary
			 shall—(A)consider any applications
			 for the conveyance of additional cemetery sites in accordance with subsection
			 (b); and(B)if the applications are
			 approved, provide for the conveyance of the sites in accordance with subsection
			 (c).(g)Public access(1)In
			 generalSubject to paragraph (2), any land conveyed under this
			 section shall be subject to—(A)the reservation of public
			 easements under section 17(b) of the Alaska Native Claims Settlement Act (43
			 U.S.C. 1616(b));(B)public access across the
			 conveyed land in cases in which no reasonable alternative access around the
			 land is available, without liability to Sealaska, except for willful acts, to
			 any user by reason of the use; and(C)public access to and
			 along any Class I stream described in section 705(e) of the Alaska National
			 Interest Lands Conservation Act (16 U.S.C. 539d(e)) for noncommercial
			 recreational and subsistence fishing, without liability to Sealaska, except for
			 willful acts, to any user by reason of the use.(2)LimitationsThe
			 public access and use under subparagraphs (B) and (C) of paragraph (1) shall be
			 subject to—(A)any reasonable
			 restrictions that may be imposed by Sealaska on the public access and
			 use—(i)to ensure public
			 safety;(ii)to protect and conduct
			 research on the historic, archaeological, and cultural resources of the
			 conveyed land; or(iii)to provide
			 environmental protection;(B)the condition that
			 Sealaska post on any applicable property, in accordance with State law, notices
			 of the restrictions on the public access and use; and(C)the condition that the
			 public access and use shall not be incompatible with or in derogation of the
			 values of the area as a cemetery site or historical place, as provided in
			 section 2653.11 of title 43, Code of Federal Regulations (or a successor
			 regulation).(3)EffectAccess
			 provided to any individual or entity by paragraph (1) shall not—(A)create an interest in any
			 third party in the land conveyed under this section; or(B)provide standing to any
			 third party in any review of, or challenge to, any determination by Sealaska
			 with respect to the management or development of the land conveyed under this
			 section, except as against Sealaska for the management of public access under
			 paragraph (2).(h)Prohibition on transfer
			 or loss(1)Prohibition on
			 transferNotwithstanding any other provision of law, Sealaska
			 shall not—(A)alienate, transfer,
			 assign, mortgage, or pledge any cemetery site or historical place conveyed
			 under this section to any person or entity other than the United States;
			 or(B)permit development or
			 improvement of the cemetery site or historical place for any use which is
			 incompatible with, or is in derogation of, the values of the area as a cemetery
			 site or historical place.(2)Prohibition on
			 lossNotwithstanding any other provision of law, any cemetery
			 site or historical place conveyed to Sealaska under this section shall be
			 exempt from—(A)adverse possession and
			 similar claims based on estoppel;(B)title 11 of the United
			 States Code or a successor law, any other insolvency or moratorium law, or any
			 other law generally affecting creditors’ rights;(C)judgments in any action
			 at law or in equity to recover sums owed or penalties incurred by Sealaska or
			 any employee, officer, director, or shareholder of Sealaska, except for liens
			 from real property taxes; and(D)involuntary distributions
			 or conveyances to any person or entity other than the United States related to
			 the involuntary dissolution of Sealaska.(i)Treatment of land
			 conveyedExcept as otherwise provided in this Act, any land
			 conveyed to Sealaska under this section shall be—(1)considered land conveyed
			 by the Secretary under section 14(h)(1) of the Alaska Native Claims Settlement
			 Act (43 U.S.C. 1613(h)(1)); and(2)subject to all laws
			 (including regulations) applicable to conveyances under section 14(h)(1) of the
			 Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)), including section
			 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C.
			 1636(d)).6.Miscellaneous(a)Special use
			 authorizations(1)In
			 generalOn the conveyance of land to Sealaska under section
			 4(a)—(A)any guiding or outfitting
			 special use authorization issued by the Forest Service for the use of the
			 conveyed land shall terminate; and(B)as a condition of the
			 conveyance and consistent with section 14(g) of the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1613(g)), Sealaska shall issue the holder of the
			 special use authorization terminated under subparagraph (A) 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—(i)the remainder of the term
			 of the authorization; and(ii)1 additional consecutive
			 10-year renewal period.(2)Notice of commercial
			 activitiesSealaska and any holder of a guiding or outfitting
			 authorization under this subsection 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 Sealaska under section 4(a).(3)Negotiation of new
			 termsNothing in this subsection precludes Sealaska and the
			 holder of a guiding or outfitting authorization from negotiating a new mutually
			 agreeable guiding or outfitting authorization.(4)LiabilityNeither
			 Sealaska nor the United States shall bear any liability, except for willful
			 acts of Sealaska or the United States, regarding the use and occupancy of any
			 land conveyed to Sealaska under this Act, as provided in any outfitting or
			 guiding authorization under this subsection.(b)Roads and
			 facilitiesNot later than 1 year after the date of enactment of
			 this Act, the Secretary of Agriculture and Sealaska shall negotiate in good
			 faith to develop a binding agreement—(1)for the use of National
			 Forest System roads and related transportation facilities by Sealaska;
			 and(2)the use of Sealaska roads
			 and related transportation facilities by the Forest Service.(c)Traditional trade and
			 migration routes(1)Identification of
			 routes(A)The Inside
			 PassageThe route from Yakutat to Dry Bay, as generally depicted
			 on the map entitled “Traditional Trade and Migration Route, Neix naax aan
			 náx—The Inside Passage” and dated April 22, 2013, shall be known as “Neix naax
			 aan náx” (“The Inside Passage”).(B)Canoe
			 RoadThe route from the Bay of Pillars to Port Camden, as
			 generally depicted on the map entitled “Traditional Trade and Migration Route,
			 Yakwdeiyí—Canoe Road” and dated April 22, 2013, shall be known as “Yakwdeiyí”
			 (“Canoe Road”).(C)The People's
			 RoadThe route from Portage Bay to Duncan Canal, as generally
			 depicted on the map entitled “Traditional Trade and Migration Route, Lingít
			 Deiyí—The People’s Road” and dated April 22, 2013, shall be known as “Lingít
			 Deiyí” (“The People’s Road”).(2)Access to traditional
			 trade and migration routesThe culturally and historically
			 significant trade and migration routes described in paragraph (1) shall be open
			 to travel by Sealaska and the public in accordance with applicable law, subject
			 to such terms, conditions, and special use authorizations as the Secretary of
			 Agriculture may require.(d)Tongass national forest
			 young growth management(1)In
			 generalNotwithstanding subsection (m) of section 6 of the Forest
			 and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) and in
			 addition to the authority provided under that subsection and the terms of
			 section 705(a) of the Alaska National Interest Lands Conservation Act (16
			 U.S.C. 539d(a)), the Secretary of Agriculture may allow the harvest of trees
			 prior to the culmination of mean annual increment of growth in areas that are
			 available for commercial timber harvest under the Tongass National Forest Land
			 and Resource Management Plan to facilitate the transition from commercial
			 timber harvest of old growth stands.(2)LimitationAny
			 sale of trees pursuant to the authority granted under paragraph (1) shall
			 not—(A)exceed 15,000 acres
			 during the 10-year period beginning on the date of enactment of this Act, with
			 an annual maximum of 3,000 acres sold;(B)exceed a total of 50,000
			 acres, with an annual maximum of 5,000 acres sold after the first 10-year
			 period;(C)be advertised if the
			 indicated rate is deficit (defined as the value of the timber is not sufficient
			 to cover all logging and stumpage costs and provide a normal profit and risk
			 allowance under the appraisal process of the Forest Service) when appraised
			 using a residual value appraisal; or(D)apply to land withdrawn
			 under section 4(b).(3)Applicable
			 lawNothing in this Act affects the requirement under section
			 705(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C.
			 539d(a)) that the Forest Service seek to meet demand for timber from the
			 Tongass National Forest.(e)Effect on other
			 laws(1)In
			 generalNothing in this Act delays the duty of the Secretary to
			 convey land to—(A)the State under the Act
			 of July 7, 1958 (commonly known as the Alaska Statehood Act) (48
			 U.S.C. note prec. 21; Public Law 85–508); or(B)a Native Corporation
			 under—(i)the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1601 et seq.); or(ii)the Alaska Land Transfer
			 Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452).(2)ConveyancesThe
			 Secretary shall promptly proceed with the conveyance of all land necessary to
			 fulfill the final entitlement of all Native Corporations in accordance
			 with—(A)the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1601 et seq.); and(B)the Alaska Land Transfer
			 Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452).(3)Fish and
			 wildlifeNothing in this Act 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.(f)Escrow
			 fundsIf Sealaska files the resolution in accordance with section
			 3(a)—(1)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 section 4(b) from
			 the date of receipt of the resolution; and(2)Sealaska shall have no
			 right to any proceeds (including interest) held pursuant to the escrow
			 requirements of section 2 of Public Law 94–204 (43 U.S.C. 1613 note) that were
			 derived from land originally withdrawn for selection by section 16 of the
			 Alaska Native Claims Settlement Act (43 U.S.C. 1615), but not conveyed.(g)Maps(1)AvailabilityEach
			 map referred to in this Act shall be available in the appropriate offices of
			 the Secretary and the Secretary of Agriculture.(2)CorrectionsThe
			 Secretary of Agriculture may make any necessary correction to a clerical or
			 typographical error in a map referred to in this Act.7.Conservation
			 areas(a)LUD II Management
			 AreasIf Sealaska files a resolution in accordance with section
			 3(a), section 508 of the Alaska National Interest Lands Conservation Act
			 (Public Law 96–487; 104 Stat. 4428) is amended by adding at the end the
			 following:(13)Bay of
				pillarsCertain land which comprises approximately 20,863 acres,
				as generally depicted on the map entitled Bay of Pillars LUD II
				Management Area—Proposed and dated June 14, 2013.(14)Kushneahin
				creekCertain land which comprises approximately 33,613 acres, as
				generally depicted on the map entitled Kushneahin Creek LUD II
				Management Area—Proposed and dated June 14, 2013.(15)Northern prince of
				walesCertain land which comprises approximately 8,728 acres, as
				generally depicted on the map entitled Northern Prince of Wales LUD II
				Management Area—Proposed and dated June 14, 2013.(16)Western
				kosciuskoCertain land which comprises approximately 8,012 acres,
				as generally depicted on the map entitled Western Kosciusko LUD II
				Management Area—Proposed and dated June 14, 2013.(17)Eastern
				kosciuskoCertain land which comprises approximately 1,664 acres,
				as generally depicted on the map entitled Eastern Kosciusko LUD II
				Management Area—Proposed and dated June 14, 2013.(18)Sarkar
				lakesCertain land which comprises approximately 24,509 acres, as
				generally depicted on the map entitled Sarkar Lakes LUD II Management
				Area—Proposed and dated June 14, 2013.(19)Honker
				divideCertain land which comprises approximately 19,805 acres,
				as generally depicted on the map entitled Honker Divide LUD II
				Management Area—Proposed and dated June 14, 2013.(20)Eek lake and sukkwan
				islandCertain land which comprises approximately 34,873 acres,
				as generally depicted on the map entitled Eek Lake and Sukkwan Island
				LUD II Management Area—Proposed and dated June 14,
				2013..(b)No buffer
			 zones(1)In
			 generalThe designation of the conservation areas by paragraphs
			 (13) through (20) of section 508 of the Alaska National Interest Lands
			 Conservation Act (Public Law 96–487; 104 Stat. 4428) (as added by subsection
			 (a)) (referred to in this subsection as the conservation areas)
			 is not intended to lead to the creation of protective perimeters or buffer
			 zones around the conservation areas.(2)Outside
			 activitiesThe fact that activities outside of the conservation
			 areas are not consistent with the purposes of the conservation areas or can be
			 seen or heard within the conservation areas shall not preclude the activities
			 or uses outside the boundary of the conservation areas.September 10, 2013Reported
			 with an amendment


		II

		109th CONGRESS

		2d Session

		S. 2485

		IN THE SENATE OF THE UNITED STATES

			March 30, 2006

			Mr. Baucus (for himself

			 and Mr. Wyden) introduced the following

			 bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Internal Revenue Code of 1986 to provide a

		  source for payments to States and counties under the Secure Rural Schools and

		  Community Self-Determination Act of 2000.

		1.Short titleThis Act may be cited as the

			 Secure Rural Schools and Communities

			 Funding Act of 2006.

		2.Funding source

			 for rural schools and communities payments

			(a)Rural schools

			 and communities trust fund

				(1)In

			 generalSubchapter A of chapter 98 of the Internal Revenue Code

			 of 1986 is amended by adding at the end the following new section:

						9511.Rural Schools

				and Communities Trust Fund

							(a)Creation of

				trust fundThere is established in the Treasury of the United

				States a trust fund to be known as the Rural Schools and Communities

				Trust Fund, consisting of such amounts as may be appropriated or

				credited to such Trust Fund as provided in this section or section

				9602(b).

							(b)Transfers to

				Trust FundThere are hereby appropriated to the Rural Schools and

				Communities Trust Fund amounts equivalent to the amounts estimated by the

				Secretary by which Federal revenues are increased, before October 1, 2016, as a

				result of the provisions of section 3402(t).

							(c)Expenditures

				from Trust FundAmounts in the Rural Schools and Communities

				Trust Fund shall be available only for—

								(1)payments to

				eligible States under section 102(a)(2) of the Secure Rural Schools and

				Community Self-Determination Act of 2000; and

								(2)payments to

				eligible counties under section 103(a)(2) of the Secure Rural Schools and

				Community Self-Determination Act of

				2000.

								.

				(2)Conforming

			 amendments

					(A)Payments to

			 StatesParagraph (3) of section 102(b) of the Secure Rural

			 Schools and Community Self-Determination Act of 2000 (Public Law 106–393; 16

			 U.S.C. 500 note) is amended by striking out of any funds in the Treasury

			 not otherwise appropriated and inserting out of the Rural

			 Schools and Communities Trust Fund under section 9511 of the Internal Revenue

			 Code of 1986.

					(B)Payments to

			 countiesParagraph (2) of section 103(b) of the Secure Rural

			 Schools and Community Self-Determination Act of 2000 (Public Law 106–393; 16

			 U.S.C. 500 note) is amended by striking out of any funds in the Treasury

			 not otherwise appropriated and inserting out of the Rural

			 Schools and Communities Trust Fund under section 9511 of the Internal Revenue

			 Code of 1986.

					(3)Clerical

			 amendmentThe table of sections for subchapter A of chapter 98 of

			 the Internal Revenue Code of 1986 is amended by adding at the end the following

			 new item:

							Sec. 9511. Rural Schools and Communities Trust

				Fund.

						.

				(b)Imposition of

			 withholding on certain payments made by government

			 entitiesSection 3402 of the Internal Revenue Code of 1986 is

			 amended by adding at the end the following new subsection:

					(t)Extension of

				withholding to certain payments made by government entities

						(1)General

				ruleThe Government of the United States shall deduct and

				withhold from any payment for goods and services which is subject to

				withholding a tax in an amount equal to 3 percent of such payment.

						(2)ExceptionsParagraph

				(1) shall not apply to any payment—

							(A)except as

				provided in subparagraph (B), which is subject to withholding under any other

				provision of this chapter or chapter 3,

							(B)which is subject

				to withholding under section 3406 and from which amounts are being withheld

				under such section,

							(C)of

				interest,

							(D)for real

				property,

							(E)to any tax-exempt

				entity, foreign government, or other entity subject to the requirements of

				paragraph (1), and

							(F)made pursuant to

				a classified or confidential contract (as defined in section

				6050M(e)(3)).

							(3)Coordination

				with other sectionsFor purposes of sections 3403 and 3404 and

				for purposes of so much of subtitle F (except section 7205) as relates to this

				chapter, payments to any person of any payment for goods and services which is

				subject to withholding shall be treated as if such payments were wages paid by

				an employer to an

				employee.

						.

			(c)Effective

			 dates

				(1)Subsection

			 (a)The amendments made by

			 subsection (a) shall take effect on October 1, 2006.

				(2)Subsection

			 (b)The amendment made by

			 subsection (b) shall apply to payments made after September 30, 2006.


109 HR 5011 IH: To award posthumously a congressional gold medal to John Pehle in recognition of his contributions to the Nation in helping rescue Jews and other minorities from the Holocaust during World War II.
U.S. House of Representatives
2006-03-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 2d Session
H. R. 5011
IN THE HOUSE OF REPRESENTATIVES

March 16, 2006
Ms. Woolsey introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To award posthumously a congressional gold medal to John Pehle in recognition of his contributions to the Nation in helping rescue Jews and other minorities from the Holocaust during World War II.

1.FindingsCongress makes the following findings:
(1)Approximately 6,000,000 Jews were slaughtered pursuant to Adolf Hitler’s diabolical plan for the total extermination of the Jews during the reign of the Third Reich, and even more would have perished had it not been for the heroic efforts of John Pehle to persuade President Franklin Roosevelt of the need for extraordinary measures.
(2)As a 33-year-old lawyer working in the Foreign Funds Control unit of the Department of the Treasury of the United States, John Pehle, along with his colleagues at the Department of the Treasury, worked to overcome bureaucratic inertia within the United States Government during World War II in order to rescue many Jews from the extermination camps of the Nazi Holocaust.
(3)By researching and citing pertinent and overlooked precedents, in December 1943, John Pehle was instrumental in helping secure the first license of communications in enemy-occupied territory and a remittance of $25,000 that was issued by the United States Government to Gerhart Riegner, the representative of the World Jewish Congress in Switzerland, for the rescue of Jews in France and Romania.
(4)Overcoming internal communication problems within the United States Government, John Pehle provided critical information about the rapidly-worsening plight of deported Jews from many parts of Europe to his superiors—Secretary of the Treasury Henry Morgenthau, Jr., General Counsel Randolph Paul, and Assistant General Counsel Josiah E. Dubois—and together they determined to inform President Franklin Roosevelt of the urgent need for corrective action.
(5)John Pehle accompanied Secretary Morgenthau and Randolph Paul to meet with President Franklin Roosevelt on January 16, 1944, to deliver a vitally important document titled Personal Report to the President, which Pehle, Morgenthau, and Paul were instrumental in compiling and which had first been entitled Report to the Secretary on the Acquiescence of This Government in the Murder of the Jews.
(6) On January 22, 1944, only 6 days after receiving the Personal Report to the President, and in reaction to it, President Franklin Roosevelt issued Executive Order 9417, establishing the War Refugee Board, and appointed John Pehle as the Acting Executive Director of the Board.
(7)Thanks largely to the heroic efforts and unparalleled persistence of John Pehle, it became the policy of the United States Government to implement the development of plans and programs … for a) the rescue, transportation, maintenance, and relief of the victims of enemy oppression, and b) the establishment of havens of temporary refuge for such victims; Pehle became responsible directly to the President in implementing that policy Government-wide.
(8)In one of his first official acts at the War Refugee Board, John Pehle, on January 25, 1944, drafted an overdue and critically important diplomatic cable, sent to all United States embassies, consulates, and other diplomatic missions, that ordered action be taken to forestall the plot of the Nazis to exterminate the Jews and other persecuted minorities in Europe.
(9)Working with a staff of no more than 30 employees in Washington, D.C., Pehle spearheaded the development of new programs to increase the flow of refugees from Nazi persecution to neutral countries in Europe (Turkey, Portugal, Switzerland, Spain, and Sweden), who, in turn, would funnel them to Northern Africa, Palestine, and North and South America, thus making room for new arrivals from Nazi-occupied territories.
(10)In 1944, Pehle and his colleagues in the War Refugee Board cleared the way for the International Red Cross to provide food parcels to stateless civilians in the internment camps, to support and protect 3,000,000 Allied and Axis prisoners of war, and to streamline Federal licensing procedures for the transmission of funds to pay for Red Cross relief supplies and rescue operations, thus saving the lives of thousands of Jews and other internees.
(11)President Franklin Roosevelt’s promotion of John Pehle from Acting Executive Director to Executive Director of the War Refugee Board on March 24, 1944, coincided with the issuance of a direct warning at the presidential news conference on the same day, prepared by the Board, that none of those who participated in the wholesale systematic murder of the Jews of Europe—one of the blackest crimes of all history—shall go unpunished.
(12)In April 1944, at the direction of John Pehle, the War Refugee Board urged all neutral nations to increase their diplomatic missions in Hungary to help prevent the accelerating deportation of Jews to Auschwitz, Birkenau, and other Nazi extermination camps and begin providing vital funding and other resources such as lists of corrupt Hungarian passport officials, undercover anti-Nazis, and other sympathizers to assist the ingenious and heroic struggle of Raoul Wallenberg, whose extraordinary personal efforts resulted in the rescue of more than 100,000 Hungarian Jews from Nazi concentration camps.
(13)John Pehle spearheaded the valiant efforts of the War Refugee Board, which was responsible for the direct rescue of several hundred thousand men, women, and children from the Holocaust and the sustenance of thousands of Holocaust survivors during 1944 and 1945, thus breathing new life into the American tradition of helping the oppressed and persecuted in the name of human decency.
2.Congressional gold medal
(a)Presentation authorizedThe Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to the family or personal representative of John Pehle in recognition of his service to the Nation.
(b)Design and strikingFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.
3.Duplicate medalsThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.
4.Status of medals
(a)National medalsThe medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.
(b)Numismatic itemsFor purposes of section 5134 of title 31, Unites States Code, all medals struck under this Act shall be considered to be numismatic items.
5.Authority to use fund amounts; proceeds of sale
(a)Authority to use fund amountsThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals stuck pursuant to this Act.
(b)Proceeds of saleAmounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.


115 HR 1498 IH: End Racial Profiling Act of 2017
U.S. House of Representatives
2017-03-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1498IN THE HOUSE OF REPRESENTATIVESMarch 10, 2017Mr. Conyers (for himself, Ms. Bass, Mrs. Beatty, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Mr. Carson of Indiana, Mr. Cartwright, Ms. Castor of Florida, Mr. Cicilline, Ms. Clark of Massachusetts, Mr. Cohen, Mrs. Watson Coleman, Mr. Cummings, Mr. Danny K. Davis of Illinois, Ms. DeGette, Ms. DeLauro, Mr. Deutch, Mrs. Dingell, Mr. Evans, Mr. Al Green of Texas, Mr. Grijalva, Mr. Hastings, Ms. Jackson Lee, Ms. Jayapal, Mr. Jeffries, Ms. Eddie Bernice Johnson of Texas, Mr. Johnson of Georgia, Ms. Kelly of Illinois, Mr. Kennedy, Mr. Kilmer, Mrs. Lawrence, Ms. Lee, Mr. Lewis of Georgia, Mr. McGovern, Mr. Meeks, Ms. Moore, Mr. Nadler, Mrs. Napolitano, Ms. Norton, Mr. Payne, Mr. Peters, Mr. Raskin, Mr. Richmond, Mr. Rush, Mr. Sarbanes, Mr. Scott of Virginia, Mr. Serrano, Ms. Sewell of Alabama, Ms. Slaughter, Mr. Smith of Washington, Mr. Swalwell of California, Mr. Thompson of Mississippi, Mr. Veasey, Ms. Wilson of Florida, Ms. Velázquez, Ms. Maxine Waters of California, and Ms. Clarke of New York) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo eliminate racial profiling by law enforcement, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the End Racial Profiling Act of 2017. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Definitions.
					Title I—Prohibition of Racial Profiling
					Sec. 101. Prohibition.
					Sec. 102. Enforcement.
					Title II—Programs to Eliminate Racial Profiling By Federal Law Enforcement Agencies
					Sec. 201. Policies to eliminate racial profiling.
					Title III—Programs to Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement
			 Agencies
					Sec. 301. Policies required for grants.
					Sec. 302. Involvement of Attorney General.
					Sec. 303. Data collection demonstration project.
					Sec. 304. Best practices development grants.
					Sec. 305. Authorization of appropriations.
					Title IV—Data Collection
					Sec. 401. Attorney General to issue regulations.
					Sec. 402. Publication of data.
					Sec. 403. Limitations on publication of data.
					Title V—Department of Justice Regulations and Reports on Racial Profiling in the United States
					Sec. 501. Attorney General to issue regulations and reports.
					Title VI—Miscellaneous Provisions
					Sec. 601. Severability.
					Sec. 602. Savings clause.
 2.DefinitionsIn this Act: (1)Covered programThe term covered program means any program or activity funded in whole or in part with funds made available under—
 (A)the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and
 (B)the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except that no program, project, or other activity specified in section 1701(b)(13) of such part shall be a covered program under this paragraph.
 (2)Governmental bodyThe term governmental body means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian tribal government.
 (3)Hit rateThe term hit rate means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or other contraband that leads to an arrest. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. The hit rate is complementary to the rate of false stops.
 (4)Indian tribeThe term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
 (5)Law enforcement agencyThe term law enforcement agency means any Federal, State, local, or Indian tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws.
 (6)Law enforcement agentThe term law enforcement agent means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency.
 (7)Racial profilingThe term racial profiling means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme.
 (8)Routine or spontaneous investigatory activitiesThe term routine or spontaneous investigatory activities means the following activities by a law enforcement agent: (A)Interviews.
 (B)Traffic stops. (C)Pedestrian stops.
 (D)Frisks and other types of body searches. (E)Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians.
 (F)Data collection and analysis, assessments, and predicated investigations. (G)Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out.
 (H)Immigration-related workplace investigations. (I)Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics.
 (9)Reasonable requestThe term reasonable request means all requests for information, except for those that— (A)are immaterial to the investigation;
 (B)would result in the unnecessary disclosure of personal information; or (C)would place a severe burden on the resources of the law enforcement agency given its size.
 (10)StateThe term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
 (11)Unit of local governmentThe term unit of local government means— (A)any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
 (B)any law enforcement district or judicial enforcement district that— (i)is established under applicable State law; and
 (ii)has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or
 (C)any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior.
				IProhibition of Racial Profiling
 101.ProhibitionNo law enforcement agent or law enforcement agency shall engage in racial profiling. 102.Enforcement (a)RemedyThe United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.
 (b)PartiesIn any action brought under this title, relief may be obtained against— (1)any governmental body that employed any law enforcement agent who engaged in racial profiling;
 (2)any agent of such body who engaged in racial profiling; and (3)any person with supervisory authority over such agent.
 (c)Nature of proofProof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section 2(7) shall constitute prima facie evidence of a violation of this title.
 (d)Attorney’s feesIn any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee.
				IIPrograms to Eliminate Racial Profiling By Federal Law Enforcement Agencies
			201.Policies to eliminate racial profiling
 (a)In generalFederal law enforcement agencies shall— (1)maintain adequate policies and procedures designed to eliminate racial profiling; and
 (2)cease existing practices that permit racial profiling. (b)PoliciesThe policies and procedures described in subsection (a)(1) shall include—
 (1)a prohibition on racial profiling; (2)training on racial profiling issues as part of Federal law enforcement training;
 (3)the collection of data in accordance with the regulations issued by the Attorney General under section 401;
 (4)procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and
 (5)any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies.
					IIIPrograms to Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement Agencies
			301.Policies required for grants
 (a)In generalAn application by a State, a unit of local government, or a State, local, or Indian tribal law enforcement agency for funding under a covered program shall include a certification that such State, unit of local government, or law enforcement agency, and any law enforcement agency to which it will distribute funds—
 (1)maintains adequate policies and procedures designed to eliminate racial profiling; and (2)has eliminated any existing practices that permit or encourage racial profiling.
 (b)PoliciesThe policies and procedures described in subsection (a)(1) shall include— (1)a prohibition on racial profiling;
 (2)training on racial profiling issues as part of law enforcement training; (3)the collection of data in accordance with the regulations issued by the Attorney General under section 401; and
 (4)participation in an administrative complaint procedure or independent audit program that meets the requirements of section 302.
 (c)Effective dateThis section shall take effect 12 months after the date of enactment of this Act. 302.Involvement of Attorney General (a)Regulations (1)In generalNot later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies.
 (2)GuidelinesThe regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs.
 (b)NoncomplianceIf the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of section 301 or the regulations issued under subsection (a), the Attorney General shall withhold, in whole or in part (at the discretion of the Attorney General), funds for one or more grants to the recipient under the covered program, until the recipient establishes compliance.
 (c)Private partiesThe Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this title.
				303.Data collection demonstration project
				(a)Competitive awards
 (1)In generalThe Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, gender, and religion.
 (2)Number of grantsThe Attorney General shall provide not more than 5 grants or contracts under this section. (3)Eligible granteesGrants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily.
 (b)Required activitiesActivities carried out with a grant under this section shall include— (1)developing a data collection tool and reporting the compiled data to the Attorney General; and
 (2)training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches.
 (c)EvaluationNot later than 3 years after the date of enactment of this Act, the Attorney General shall enter into a contract with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to analyze the data collected by each of the grantees funded under this section.
 (d)Authorization of appropriationsThere are authorized to be appropriated to carry out activities under this section— (1)$5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a); and
 (2)$500,000 to carry out the evaluation under subsection (c). 304.Best practices development grants (a)Grant authorizationThe Attorney General, through the Bureau of Justice Assistance, may make grants to States, local law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling.
 (b)Use of fundsThe funds provided under subsection (a) shall be used for programs that include the following purposes: (1)The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public.
 (2)The acquisition and use of technology to facilitate the accurate collection and analysis of data. (3)The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct.
 (4)The establishment and maintenance of an administrative complaint procedure or independent auditor program.
 (c)Equitable distributionThe Attorney General shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies.
 (d)ApplicationEach State, local law enforcement agency, or unit of local government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.
 305.Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this title. IVData Collection 401.Attorney General to issue regulations (a)RegulationsNot later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 201 and 301.
 (b)RequirementsThe regulations issued under subsection (a) shall— (1)provide for the collection of data on all routine or spontaneous investigatory activities;
 (2)provide that the data collected shall— (A)be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer;
 (B)include the date, time, and location of such investigatory activities; (C)include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and
 (D)not include personally identifiable information; (3)provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice;
 (4)provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3), and submit the form to the Civil Rights Division and the Department of Justice Bureau of Justice Statistics;
 (5)provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years;
 (6)include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured;
 (7)provide that the Department of Justice Bureau of Justice Statistics shall— (A)analyze the data for any statistically significant disparities, including—
 (i)disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood;
 (ii)disparities in the hit rate; and (iii)disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on non-minority drivers; and
 (B)not later than 3 years after the date of enactment of this Act, and annually thereafter— (i)prepare a report regarding the findings of the analysis conducted under subparagraph (A);
 (ii)provide such report to Congress; and (iii)make such report available to the public, including on a website of the Department of Justice; and
 (8)protect the privacy of individuals whose data is collected by— (A)limiting the use of the data collected under this Act to the purposes set forth in this Act;
 (B)except as otherwise provided in this Act, limiting access to the data collected under this Act to those Federal, State, local, or tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this Act;
 (C)requiring contractors or other non-governmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and
 (D)requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act.
 402.Publication of dataThe Department of Justice Bureau of Justice Statistics shall provide to Congress and make available to the public, together with each annual report described in section 401, the data collected pursuant to this Act, excluding any personally identifiable information described in section 403.
 403.Limitations on publication of dataThe name or identifying information of a law enforcement officer, complainant, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be—
 (1)released to the public; (2)disclosed to any person, except for—
 (A)such disclosures as are necessary to comply with this Act; (B)disclosures of information regarding a particular person to that person; or
 (C)disclosures pursuant to litigation; or (3)subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person.
				VDepartment of Justice Regulations and Reports on Racial Profiling in the United States
			501.Attorney General to issue regulations and reports
 (a)RegulationsIn addition to the regulations required under sections 303 and 401, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this Act.
				(b)Reports
 (1)In generalNot later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies.
 (2)ScopeEach report submitted under paragraph (1) shall include— (A)a summary of data collected under sections 201(b)(3) and 301(b)(3) and from any other reliable source of information regarding racial profiling in the United States;
 (B)a discussion of the findings in the most recent report prepared by the Department of Justice Bureau of Justice Statistics under section 401(b)(7);
 (C)the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 201 and by the State and local law enforcement agencies under sections 301 and 302; and
 (D)a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling.
						VIMiscellaneous Provisions
 601.SeverabilityIf any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the remaining provisions of this Act to any person or circumstance shall not be affected thereby.
 602.Savings clauseNothing in this Act shall be construed— (1)to limit legal or administrative remedies under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983), section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141), the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
 (2)to affect any Federal, State, or tribal law that applies to an Indian tribe because of the political status of the tribe; or
 (3)to waive the sovereign immunity of an Indian tribe without the consent of the tribe.