< Back to S. 730 (112th Congress, 2011–2013)

Text of the Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act

This bill was introduced on April 5, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 5, 2011 (Introduced).

Source: GPO

II

112th CONGRESS

1st Session

S. 730

IN THE SENATE OF THE UNITED STATES

April 5, 2011

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

A BILL

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

1.

Short title

This Act may be cited as the Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act.

2.

Definitions

In this Act:

(1)

Conservation system unit

The term conservation system unit has the meaning given the term in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102).

(2)

Land use designation II

The term Land Use Designation II has the meaning described in title V of the Alaska National Interest Lands Conservation Act (16 U.S.C. 539 et seq.), as further amended by section 201 of the Tongass Timber Reform Act of 1990 (Public Law 101–626).

(3)

Sealaska

The term Sealaska means the Sealaska Corporation, a Regional Native Corporation created under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(4)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Selections in southeast Alaska

(a)

Selection by Sealaska

(1)

In general

Notwithstanding section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), Sealaska is authorized to select and receive conveyance of the remaining land entitlement of Sealaska under that Act (43 U.S.C. 1601 et seq.) from Federal land located in southeast Alaska from each category described in subsections (b) and (c).

(2)

Treatment of land conveyed

Land conveyed pursuant to this Act is to be treated as land conveyed pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) subject to, but not limited to—

(A)

reservation of public easements across land pursuant to section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b));

(B)

valid existing rights pursuant to section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)); and

(C)

the land bank protections of section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)).

(b)

Withdrawal of land

The following public land is withdrawn, subject to valid existing rights, from all forms of appropriation under public land laws, including the mining and mineral leasing laws, and from 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), and shall be available for selection by, and conveyance to, Sealaska to complete 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)):

(1)

Land identified on the maps dated February 1, 2011, and labeled Attachment A (Maps 1 through 8).

(2)

Sites with traditional, recreational, and renewable energy use value, as identified on the map entitled Sites with Traditional, Recreational, and Renewable Energy Use Value, dated February 1, 2011, and labeled Attachment D, subject to the condition that not more than 5,000 acres shall be selected for those purposes.

(3)

Sites identified on the map entitled Traditional and Customary Trade and Migration Routes, dated February 1, 2011, and labeled Attachment C, which includes an identification of—

(A)

a conveyance of land 25 feet in width, together with 1-acre sites at each terminus and at 8 locations along the route, with the route, location, and boundaries of the conveyance described on the map inset entitled Yakutat to Dry Bay Trade and Migration Route on the map entitled Traditional and Customary Trade and Migration Routes, dated February 1, 2011, and labeled Attachment C;

(B)

a conveyance of land 25 feet in width, together with 1-acre sites at each terminus, with the route, location, and boundaries of the conveyance described on the map inset entitled Bay of Pillars to Port Camden Trade and Migration Route on the map entitled Traditional and Customary Trade and Migration Routes, dated February 1, 2011, and labeled Attachment C; and

(C)

a conveyance of land 25 feet in width, together with 1-acre sites at each terminus, with the route, location, and boundaries of the conveyance described on the map inset entitled Portage Bay to Duncan Canal Trade and Migration Route on the map entitled Traditional and Customary Trade and Migration Routes, dated February 1, 2011, and labeled Attachment C.

(c)

Sites with sacred, cultural, traditional, or historic significance

Subject to the criteria and procedures applicable to land selected pursuant to section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) and set forth in the regulations promulgated at section 2653.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act), except as otherwise provided in this Act—

(1)

Sealaska shall have a right to identify up to 3,600 acres of sites with sacred, cultural, traditional, or historic significance, including archeological sites, cultural landscapes, and natural features having cultural significance; and

(2)

on identification of the land by Sealaska under paragraph (1), the identified land shall be—

(A)

withdrawn, subject to valid existing rights, from all forms of appropriation under public land laws, including the mining and mineral leasing laws, and from 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); and

(B)

available for selection by, and conveyance to, Sealaska to complete 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)), subject to the conditions that—

(i)

no sites with sacred, cultural, traditional, or historic significance may be selected from within a unit of the National Park System; and

(ii)

beginning on the date that is 15 years after the date of enactment of this Act, Sealaska shall be limited to identifying not more than 360 acres of sites with sacred, cultural, traditional, or historic significance under this subsection.

(d)

Forest development roads

Sealaska shall receive from the United States, subject to such reasonable terms and conditions as the Forest Service may impose, nonexclusive easements to Sealaska to allow—

(1)

access on the forest development road and use of the log transfer site identified in paragraphs (3)(b), (3)(c), and (3)(d) of the patent numbered 50–85–0112 and dated January 4, 1985;

(2)

access on the forest development road identified in paragraphs (2)(a) and (2)(b) of the patent numbered 50–92–0203 and dated February 24, 1992;

(3)

access on the forest development road identified in paragraph (2)(a) of the patent numbered 50–94–0046 and dated December 17, 1993;

(4)

access on the forest development roads and use of the log transfer facilities identified on the maps dated February 1, 2011, and labeled Attachment A (Maps 1 through 8);

(5)

a reservation of a right to construct a new road to connect to existing forest development roads, as generally identified on the maps described in paragraph (4); and

(6)

access to, and reservation of a right to, construct a new log transfer facility and log storage area at the location identified on the maps described in paragraph (4).

4.

Conveyances to sealaska

(a)

Timeline for conveyance

(1)

In general

Subject to paragraphs (2), (3), and (4), the Secretary shall work with Sealaska to develop a mutually agreeable schedule to complete the conveyance of land to Sealaska under this Act.

(2)

Final priorities

Consistent with the provisions of section 403 of the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452), not later than 18 months after the date of enactment of this Act, Sealaska shall submit to the Secretary the final, irrevocable priorities for selection of land withdrawn under section 3(b)(1).

(3)

Substantial completion required

Not later than 2 years after the date of selection by Sealaska of land withdrawn under section 3(b)(1), the Secretary shall substantially complete the conveyance of the land to Sealaska under this Act.

(4)

Effect

Nothing in this Act shall interfere with, or cause any delay in, the duty of the Secretary to convey land to the State of Alaska under section 6 of the Act of July 7, 1958 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21; Public Law 85–508).

(b)

Expiration of withdrawals

On completion of the selection by Sealaska and the conveyances to Sealaska of land under subsection (a) in a manner that is sufficient to fulfill the land entitlement of Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8))—

(1)

the right of Sealaska to receive any land under section 14(h)(8) of that Act from within a withdrawal area established under subsections (a) and (d) of section 16 of that Act (43 U.S.C. 1615(a) and 1615(d)) shall be terminated;

(2)

the withdrawal areas set aside for selection by Native Corporations in southeast Alaska under subsections (a) and (d) of section 16 of that Act (43 U.S.C. 1615(a) and 1615(d)) shall be rescinded; and

(3)

land located within a withdrawal area that is not conveyed to Sealaska or to a southeast Alaska Village Corporation or Urban Corporation shall be returned to the unencumbered management of the Forest Service as part of the Tongass National Forest.

(c)

Limitation

Sealaska shall not select or receive under this Act any conveyance of land pursuant to paragraph (1) or (2) of section 3(b) located within any conservation system unit.

(d)

Applicable easements and public access

(1)

In general

The conveyance to Sealaska of land withdrawn pursuant to paragraphs (1) and (3) of section 3(b) 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 be subject to—

(A)

a reservation for easements for public access on the public roads depicted on the maps dated February 1, 2011, and labeled Attachment A (Maps 1 through 8);

(B)

a reservation for easements along the temporary roads designated by the Forest Service as of the date of enactment of this Act for the public access trails depicted on the maps described in subparagraph (A);

(C)

the right of noncommercial public access for subsistence uses, consistent with title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), and recreational access, without liability to Sealaska, subject to—

(i)

the right of Sealaska to regulate access granted under this subparagraph to ensure public safety, to protect cultural or scientific resources, and to provide environmental protection; and

(ii)

the condition that Sealaska shall post on any applicable property, in accordance with State law, notices of the conditions on use; and

(D)

the requirement that, with respect to the land conveyed to the corporation pursuant to section 3(b)(1), Sealaska shall continue to manage the land in accordance with the State of Alaska Forest Resources and Practices Act, Alaska Stat. 41.17, except that, for a period of 5 years beginning on the date of enactment of this Act, Alaska Stat. 41.17.116(1) shall apply to the harvest of timber within 100 feet of a water body defined in Alaska Stat. 41.17.950(31).

(2)

Sacred, cultural, traditional and historic sites

The conveyance to Sealaska of land withdrawn pursuant to section 3(c) that is located outside of a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject to—

(A)

the right of public access across the conveyances where no reasonable alternative access around the land is available without liability to Sealaska; and

(B)

the right of Sealaska to regulate access granted under this paragraph across the conveyances to ensure public safety, to protect cultural or scientific resources, to provide environmental protection, or to prohibit activities incompatible with the use and enjoyment of the land by Sealaska, subject to the condition that Sealaska shall post on any applicable property, in accordance with State law, notices of the conditions on use.

(3)

Traditional and customary trade and migration routes

The conveyance to Sealaska of land withdrawn pursuant to section 3(b)(3) that is located outside of a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject to a requirement that Sealaska provide public access across the conveyances if an adjacent landowner or the public has a legal right to use the adjacent private or public land.

(4)

Sites with traditional, recreational, and renewable energy use value

The conveyance to Sealaska of land withdrawn pursuant to section 3(b)(2) that is located outside of a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject to—

(A)

the right of public access across the land without liability to Sealaska; and

(B)

the condition that public access across the land would not be unreasonably restricted or impaired.

(5)

Effect

No right of access provided to any individual or entity (other than Sealaska) by this subsection—

(A)

creates any interest, other than an interest retained by the United States, of such an individual or entity in the land conveyed to Sealaska in excess of that right of access; or

(B)

provides standing in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the applicable land.

(e)

Conditions on sacred, cultural, traditional, and historic sites and traditional and customary trade and migration routes

The conveyance to Sealaska of land withdrawn pursuant to sections 3(b)(3) and 3(c)—

(1)

shall be subject to a covenant prohibiting any commercial timber harvest or mineral development on the land;

(2)

shall be subject to a covenant allowing use of the land only as described in subsection (f); and

(3)

shall not be subject to any additional restrictive covenant based on cultural or historic values, or any other restriction, encumbrance, or easement, except as provided in sections 14(g) and 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g), 1616(b)).

(f)

Uses of sacred, cultural, traditional, and historic sites and traditional and customary trade and migration routes

Any land conveyed to Sealaska from land withdrawn pursuant to sections 3(b)(3) and 3(c) may be used for—

(1)

preservation of cultural knowledge and traditions associated with the site;

(2)

historical, cultural, and scientific research and education;

(3)

public interpretation and education regarding the cultural significance of the site to Alaska Natives;

(4)

protection and management of the site to preserve the natural and cultural features of the site, including cultural traditions, values, songs, stories, names, crests, and clan usage, for the benefit of future generations; and

(5)

site improvement activities for any purpose described in paragraphs (1) through (4), subject to the condition that the activities—

(A)

are consistent with the sacred, cultural, traditional, or historic nature of the site; and

(B)

are not inconsistent with the management plans for adjacent public land.

(g)

Termination of restrictive covenants

(1)

In general

Each restrictive covenant regarding cultural or historical values with respect to any interim conveyance or patent for a historic or cemetery site issued to Sealaska pursuant to the Federal regulations contained in sections 2653.5(a) and 2653.11 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act), in accordance with section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)), terminates as a matter of law on the date of enactment of this Act.

(2)

Remaining conditions

Land subject to a covenant described in paragraph (1) on the day before the date of enactment of this Act shall be subject to the conditions described in subsection (e).

(3)

Records

Sealaska shall be responsible for recording with the land title recorders office of the State of Alaska any modification to an existing conveyance of land under section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) as a result of this Act.

(h)

Conditions on sites with traditional, recreational, and renewable energy use value

Each conveyance of land to Sealaska from land withdrawn pursuant to section 3(b)(2) shall be subject to—

(1)

a covenant prohibiting any commercial timber harvest or mineral development; and

(2)

the conveyance of the site identified as Pegmatite Mountain Geothermal #53 on the map labeled Attachment D and dated February 1, 2011, shall be subject to a covenant prohibiting commercial development of the site for a period of 15 years beginning on the date of enactment of this Act, provided that Sealaska shall have a right to engage in site evaluation and analysis during the period.

(i)

Escrow funds for withdrawn land

On the withdrawal by this Act of land identified for selection by Sealaska, the escrow requirements of section 2 of Public Law 94–204 (43 U.S.C. 1613 note), shall thereafter apply to the withdrawn land.

(j)

Guiding and outfitting special use permits or authorizations

(1)

In general

Consistent with the provisions of section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), on land conveyed to Sealaska from land withdrawn pursuant to sections 3(b)(1) and 3(b)(2), an existing holder of a guiding or outfitting special use permit or authorization issued by the Forest Service shall be entitled to its rights and privileges on the land for the remaining term of the permit, as of the date of conveyance to Sealaska, and for 1 subsequent 10-year renewal of the permit, subject to the condition that the rights shall be considered a valid existing right reserved pursuant to section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), and shall be managed accordingly.

(2)

Notice of commercial activities

Sealaska, with respect to the holder of a guiding or outfitting special use permit or authorization under this subsection, and a permit holder referenced in this subsection, with respect to Sealaska, shall have an obligation to inform the other party of their respective commercial activities before engaging in the activities on land, which has been conveyed to Sealaska under this Act, subject to the permit or authorization.

(3)

Negotiation of new terms

Nothing in this subsection precludes Sealaska and a permit holder under this subsection from negotiating new mutually agreeable permit terms that supersede the requirements of—

(A)

this subsection;

(B)

section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)); or

(C)

any deed covenant.

(4)

Liability

Sealaska shall bear no liability regarding use and occupancy pursuant to special use permits or authorizations on land selected or conveyed pursuant to this Act.

5.

Miscellaneous

(a)

Status of conveyed land

Each conveyance of Federal land to Sealaska pursuant to this Act, and each Federal action carried out to achieve the purpose of this Act, shall be considered to be conveyed or acted on, as applicable, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(b)

Environmental mitigation and incentives

Notwithstanding subsection (e) and (h) of section 4, all land conveyed to Sealaska pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and this Act shall be considered to be qualified to receive or participate in, as applicable—

(1)

any federally authorized carbon sequestration program, ecological services program, or environmental mitigation credit; and

(2)

any other federally authorized environmental incentive credit or program.

(c)

No material effect on forest plan

(1)

In general

Except as required by paragraph (2) and the amendment made by section 6, implementation of this Act, including the conveyance of land to Sealaska, alone or in combination with any other factor, shall not require an amendment of, or revision to, the Tongass National Forest Land and Resources Management Plan before the first revision of that Plan scheduled to occur after the date of enactment of this Act.

(2)

Boundary adjustments

The Secretary of Agriculture shall implement any land ownership boundary adjustments to the Tongass National Forest Land and Resources Management Plan resulting from the implementation of this Act through a technical amendment to that Plan.

(d)

Effect on entitlement

Nothing in this Act shall have any effect upon the entitlement due to any Native Corporation, other than Sealaska, under—

(1)

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or

(2)

the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).

6.

Conservation areas

(a)

In general

Section 508 of the Alaska National Interest Lands Conservation Act (Public Law 96–487; 94 Stat. 2381, 104 Stat. 4428) is amended—

(1)

in the matter preceding paragraph (1), by striking The following lands are hereby and inserting the following:

(a)

In general

The following land is

; and

(2)

by adding at the end the following:

(13)

Conservation areas

Subject to valid existing rights, certain land for conservation purposes, comprising approximately 151,565 acres, as depicted on the map entitled “Conservation Areas”, dated February 1, 2011, and labeled “Attachment E”, which is more particularly described as follows:

(A)

Bay of pillars

Certain land, comprising approximately 21,146.5 acres, located on the southern shore of the Bay in Forest Service Value Comparison Unit 4030.

(B)

Kushneahin creek

Certain land, comprising approximately 36,703 acres, located on southwestern Kupreanof Island in the Forest Service Value Comparison Units 4300 and 4310.

(C)

Sarkar lakes

Certain land, comprising approximately 25,403.7 acres, located on Prince of Wales Island in Forest Service Value Comparison Unit 5541.

(D)

Western koscuisko

Certain land, comprising approximately 7,416.5 acres, located on Koscuisko Island in Forest Service Value Comparison Units 5410, 5430, and 5440.

(E)

Honker divide

Certain land, comprising approximately 15,586.2 acres, located on Prince of Wales Island in Forest Service Value Comparison Units 5740, 5750, 5760, 5780, and 5971.

(F)

Eek lake and sukkwan island

Certain land, comprising approximately 34,644.1 acres, located in Forest Service Value Comparison Units 6320, 6700, 6710 and 6720.

(G)

Eastern Koscuisko

Certain karst land, comprising approximately 1,663 acres, located on Koscuisko Island in Forest Service Value Comparison Units 5430 and 5460.

(H)

Northern Prince of Wales

Certain karst land, comprising approximately 10,888 acres, located in Forest Service Value Comparison Units 5280, 5290, 5311, 5313, 5330, 5360, and 5371.

(b)

Management of conservation areas

(1)

In general

Subject to paragraph (2), the conservation areas designated by subsection (a)(13) shall be allocated to Land Use Designation II status (as defined in section 2 of the Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act) and shall be managed by the Secretary of Agriculture to protect subsistence activities and unique biological and geological resources and to prohibit commercial timber harvests or new road construction, in accordance with management guidelines developed under the Tongass National Forest Land and Resource Management Plan.

(2)

Requirements

In managing the areas designated by subsection (a)(13)—

(A)

the Forest Service shall protect the traditional and cultural use, biological and geological value, and, where applicable, the roadless character of the areas;

(B)

industrial logging and associated road building shall be prohibited;

(C)

timber micro-sales in accessible areas shall be allowed;

(D)

restoration projects in young-growth stands and salmon streams shall be encouraged for meeting integrated resource objectives;

(E)

subsistence enhancement and low impact recreation and tourism development projects shall be encouraged;

(F)

sustainable, community-scaled economic development of forest and marine resources shall be allowed, including issuance of special use permits for non-timber forest products gathering, mariculture development, and transportation and energy development; and

(G)

existing and future Transportation and Utility Systems shall be permitted in designated Transportation and Utility System Corridors under the Tongass National Forest Land and Resource Management Plan.

(c)

Limitation

The establishment of the conservation areas by subsection (a)(13) shall not be used by the Secretary of Agriculture or a designee of the Secretary of Agriculture as a basis for any administrative management decisions to establish by administrative action any buffers, withdrawals, land-use designations, road closures, or other similar actions on any land, value comparison units, or adjacent land-use designations.

.

7.

Maps

(a)

Availability

Each map referred to in this Act shall be maintained on file in—

(1)

the office of the Chief of the Forest Service; and

(2)

the office of the Secretary.

(b)

Corrections

The Secretary or the Chief of the Forest Service may make any necessary correction to a clerical or typographical error in a map referred to in this Act.

(c)

Treatment

No map referred to in this Act shall be considered to be an attempt by the Federal Government to convey any State or private land.

8.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.