[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1354 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1354
To resolve certain conveyances and provide for alternative land
selections under the Alaska Native Claims Settlement Act related to
Cape Fox Corporation and Sealaska Corporation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2003
Ms. Murkowski (for herself and Mr. Stevens) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To resolve certain conveyances and provide for alternative land
selections under the Alaska Native Claims Settlement Act related to
Cape Fox Corporation and Sealaska Corporation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cape Fox Land Entitlement Adjustment
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Cape Fox Corporation (Cape Fox) is an Alaska Native
Village Corporation organized pursuant to the Alaska Native
Claims Settlement Act (ANCSA) (43 U.S.C. 1601 et seq.) for the
Native Village of Saxman.
(2) As with other ANCSA village corporations in Southeast
Alaska, Cape Fox was limited to selecting 23,040 acres under
section 16 of ANCSA.
(3) Except for Cape Fox, all other Southeast Alaska ANCSA
village corporations were restricted from selecting within two
miles of a home rule city.
(4) To protect the watersheds in the vicinity of Ketchikan,
Cape Fox was restricted from selecting lands within six miles
from the boundary of the home rule City of Ketchikan under
section 22(1) of ANCSA (43 U.S.C. 1621(1)).
(5) The six mile restriction damaged Cape Fox by precluding
the corporation from selecting valuable timber lands,
industrial sites, and other commercial property, not only in
its core township but in surrounding lands far removed from
Ketchikan and its watershed.
(6) As a result of the 6 mile restriction, only the remote
mountainous northeast corner of Cape Fox's core township, which
is nonproductive and of no known economic value, was available
for selection by the corporation. Selection of this parcel was,
however, mandated by section 16(b) of ANCSA (43 U.S.C.
1615(b)).
(7) Cape Fox's land selections were further limited by the
fact that the Annette Island Indian Reservation is within its
selection area, and those lands were unavailable for ANCSA
selection. Cape Fox is the only ANCSA village corporation
affected by this restriction.
(8) Adjustment of Cape Fox's selections and conveyances of
land under ANCSA requires adjustment of Sealaska Corporation's
(Sealaska) selections and conveyances to avoid creation of
additional split estate between National Forest System surface
lands and Sealaska subsurface lands.
(9) Sealaska is the Alaska native regional corporation for
Southeast Alaska, organized under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
(10) There is an additional need to resolve existing areas
of Sealaska/Tongass split estate, in which Sealaska holds title
or conveyance rights to several thousand acres of subsurface
lands that encumber management of Tongass National Forest
surface lands.
(11) The Tongass National Forest lands identified in this
Act for selection by and conveyance to Cape Fox and Sealaska,
subject to valid existing rights, provide a means to resolve
some of the Cape Fox and Sealaska ANCSA land entitlement issues
without significantly affecting Tongass National Forest
resources, uses or values.
(12) Adjustment of Cape Fox's selections and conveyances of
land under ANCSA through the provisions of this Act, and the
related adjustment of Sealaska's selections and conveyances
hereunder, are in accordance with the purposes of ANCSA and
otherwise in the public interest.
SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LANDS.
Notwithstanding the provisions of section 16(b) of ANCSA (43 U.S.C.
1615(b)), Cape Fox shall not be required to select or receive
conveyance of approximately 160 acres of Federal unconveyed lands
within Section 1, T. 75 S., R. 91 E., C.R.M.
SEC. 4. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.
(a) Selection and Conveyance of Surface Estate.--In addition to
lands made available for selection under ANCSA, within 24 months after
the date of enactment of this Act, Cape Fox may select, and, upon
receiving written notice of such selection, the Secretary of the
Interior shall convey approximately 99 acres of the surface estate of
Tongass National Forest lands outside Cape Fox's current exterior
selection boundary, specifically that parcel described as follows:
(1) T. 73 S., R. 90 E., C.R.M.
(2) Section 33: SW portion of SE\1/4\: 38 acres.
(3) Section 33: NW portion of SE\1/4\: 13 acres.
(4) Section 33: SE\1/4\ of SE\1/4\: 40 acres.
(5) Section 33: SE\1/4\ of SW\1/4\: 8 acres.
(b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox
of the surface estate to the lands identified in subsection (a), the
Secretary of the Interior shall convey to Sealaska the subsurface
estate to the lands.
(c) Timing.--The Secretary of the Interior shall complete the
interim conveyances to Cape Fox and Sealaska under this section within
180 days after the Secretary of the Interior receives notice of the
Cape Fox selection under subsection (a).
SEC. 5. EXCHANGE OF LANDS BETWEEN CAPE FOX AND THE TONGASS NATIONAL
FOREST.
(a) General.--The Secretary of Agriculture shall offer, and if
accepted by Cape Fox, shall exchange the Federal lands described in
subsection (b) for lands and interests therein identified by Cape Fox
under subsection (c) and, to the extent necessary, lands and interests
therein identified under subsection (d).
(b) Lands To Be Exchanged to Cape Fox.--The lands to be offered for
exchange by the Secretary of Agriculture are Tongass National Forest
lands comprising approximately 2,663.9 acres in T. 36 S., R. 62 E.,
C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map
entitled ``Proposed Kensington Project Land Exchange'', dated March 18,
2002, and available for inspection in the Forest Service Region 10
regional office in Juneau, Alaska.
(c) Lands To Be Exchanged to the United States.--Cape Fox shall be
entitled, within 60 days after the date of enactment of this Act, to
identify in writing to the Secretaries of Agriculture and the Interior
the lands and interests in lands that Cape Fox proposes to exchange for
the Federal lands described in subsection (b). The lands and interests
in lands shall be identified from lands previously conveyed to Cape Fox
comprising approximately 2,900 acres and designated as parcels A-1 to
A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA
Land Exchange Proposal'', dated March 15, 2002, and available for
inspection in the Forest Service Region 10 regional office in Juneau,
Alaska. Lands identified for exchange within each parcel shall be
contiguous to adjacent National Forest System lands and in reasonably
compact tracts. The lands identified for exchange shall include a
public trail easement designated as D on said map, unless the Secretary
of Agriculture agrees otherwise. The value of the easement shall be
included in determining the total value of lands exchanged to the
United States.
(d) Valuation of Exchange Lands.--The Secretary of Agriculture
shall determine whether the lands identified by Cape Fox under
subsection (c) are equal in value to the lands described in subsection
(b). If the lands identified under subsection (c) are determined to
have insufficient value to equal the value of the lands described in
subsection (b), Cape Fox and the Secretary shall mutually identify
additional Cape Fox lands for exchange sufficient to equalize the value
of lands conveyed to Cape Fox. Such land shall be contiguous to
adjacent National Forest System lands and in reasonably compact tracts.
(e) Conditions.--The offer and conveyance of Federal lands to Cape
Fox in the exchange shall, notwithstanding section 14(f) of ANCSA, be
of the surface and subsurface estate, but subject to valid existing
rights and all other provisions of section 14(g) of ANCSA.
(f) Timing.--The Secretary of Agriculture shall attempt, within 90
days after the date of enactment of this Act, to enter into an
agreement with Cape Fox to consummate the exchange consistent with this
Act. The lands identified in the exchange agreement shall be exchanged
by conveyance at the earliest possible date after the exchange
agreement is signed. Subject only to conveyance from Cape Fox to the
United States of all its rights, title and interests in the Cape Fox
lands included in the exchange consistent with this title, the
Secretary of the Interior shall complete the interim conveyance to Cape
Fox of the Federal lands included in the exchange within 180 days after
the execution of the exchange agreement by Cape Fox and the Secretary
of Agriculture.
SEC. 6. EXCHANGE OF LANDS BETWEEN SEALASKA AND THE TONGASS NATIONAL
FOREST.
(a) General.--Upon conveyance of the Cape Fox lands included in the
exchange under section 5 and conveyance and relinquishment by Sealaska
in accordance with this title of the lands and interests in lands
described in subsection (c), the Secretary of the Interior shall convey
to Sealaska the Federal lands identified for exchange under subsection
(b).
(b) Lands To Be Exchanged to Sealaska.--The lands to be exchanged
to Sealaska are to be selected by Sealaska from Tongass National Forest
lands comprising approximately 9,329 acres in T. 36 S., R. 62 E.,
C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M.,
as designated upon a map entitled ``Proposed Sealaska Corporation Land
Exchange Kensington Lands Selection Area'', dated April 2002 and
available for inspection in the Forest Service Region 10 Regional
Office in Juneau, Alaska. Within 60 days after receiving notice of the
identification by Cape Fox of the exchange lands under section 5(c),
Sealaska shall be entitled to identify in writing to the Secretaries of
Agriculture and the Interior the lands that Sealaska selects to receive
in exchange for the Sealaska lands described in subsection (c). Lands
selected by Sealaska shall be in no more than two contiguous and
reasonably compact tracts that adjoin the lands described for exchange
to Cape Fox in section 5(b). The Secretary of Agriculture shall
determine whether these selected lands are equal in value to the lands
described in subsection (c) and may adjust the amount of selected lands
in order to reach agreement with Sealaska regarding equal value. The
exchange conveyance to Sealaska shall be of the surface and subsurface
estate in the lands selected and agreed to by the Secretary but subject
to valid existing rights and all other provisions of section 14(g) of
ANCSA.
(c) Lands To Be Exchanged to the United States.--The lands and
interests therein to be exchanged by Sealaska are the subsurface estate
underlying the Cape Fox exchange lands described in section 5(c), an
additional approximately 2,506 acres of the subsurface estate
underlying Tongass National Forest surface estate, described in Interim
Conveyance No. 1673, and rights to be additional approximately 2,698
acres of subsurface estate of Tongass National Forest lands remaining
to be conveyed to Sealaska from Group 1, 2 and 3 lands as set forth in
the Sealaska Corporation/United States Forest Service Split Estate
Exchange Agreement of November 26, 1991, at Schedule B, as modified on
January 20, 1995.
(d) Timing.--The Secretary of Agriculture shall attempt, within 90
days after receipt of the selection of lands by Sealaska under
subsection (b), to enter into an agreement with Sealaska to consummate
the exchange consistent with this Act. The lands identified in the
exchange agreement shall be exchanged by conveyance at the earliest
possible date after the exchange agreement is signed. Subject only to
the Cape Fox and Sealaska conveyances and relinquishments described in
subsection (a), the Secretary of the Interior shall complete the
interim conveyance to Sealaska of the Federal lands selected for
exchange within 180 days after execution of the agreement by Sealaska
and the Secretary of Agriculture.
(e) Modification of Agreement.--The executed exchange agreement
under this section shall be considered a further modification of the
Sealaska Corporation/United States Forest Service Split Estate Exchange
Agreement, as ratified in section 17 of Public Law 102-415 (October 14,
1992).
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Equal Value Requirement.--The exchanges described in this Act
shall be of equal value. Cape Fox and Sealaska shall have the
opportunity to present to the Secretary of Agriculture estimates of
value of exchange lands with supporting information.
(b) Title.--Cape Fox and Sealaska shall convey and provide evidence
of title satisfactory to the Secretary of Agriculture for their
respective lands to be exchanged to the United States under this Act,
subject only to exceptions, reservations and encumbrances in the
interim conveyance or patent from the United States or otherwise
acceptable to the Secretary of Agriculture.
(c) Hazardous Substances.--Cape Fox, Sealaska, and the United
States each shall not be subject to liability for the presence of any
hazardous substance in land or interests in land solely as a result of
any conveyance or transfer of the land or interests under this Act.
(d) Effect on ANCSA Selections.--Any conveyance of Federal surface
or subsurface lands to Cape Fox or Sealaska under this Act shall be
considered, for all purposes, land conveyed pursuant to ANCSA. Nothing
in this Act shall be construed to change the total acreage of land
entitlement of Cape Fox or Sealaska under ANCSA. Cape Fox and Sealaska
shall remain charged for any lands they exchange under this Act and any
lands conveyed pursuant to section 4, but shall not be charged for any
lands received under section 5 or section 6. The exchanges described in
this Act shall be considered, for all purposes, actions which lead to
the issuance of conveyances to Native Corporations pursuant to ANCSA.
Lands or interests therein transferred to the United States under this
Act shall become and be administered as part of the Tongass National
Forest.
(e) Effect on Statehood Selections.--Lands conveyed to or selected
by the State of Alaska under the Alaska Statehood Act (Public Law 85-
508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for
selection or conveyance under this Act without the consent of the State
of Alaska.
(f) Maps.--The maps referred to in this Act shall be maintained on
file in the Forest Service Region 10 Regional Office in Juneau, Alaska.
The acreages cited in this Act are approximate, and if there is any
discrepancy between cited acreage and the land depicted on the
specified maps, the maps shall control. The maps do not constitute an
attempt by the United States to convey State or private land.
(g) Easements.--Notwithstanding section 17(b) of ANCSA, Federal
lands conveyed to Cape Fox or Sealaska pursuant to this Act shall be
subject only to the reservation of public easements mutually agreed to
and set forth in the exchange agreements executed under this Act. The
easements shall include easements necessary for access across the lands
conveyed under this Act for use of national forest or other public
lands.
(h) Old Growth Reserves.--The Secretary of Agriculture shall add an
equal number of acres to old growth reserves on the Tongass National
Forest as are transferred out of Federal ownership as a result of this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Agriculture.--There are authorized to be
appropriated to the Secretary of Agriculture such sums as may be
necessary for value estimation and related costs of exchanging lands
specified in this Act, and for road rehabilitation, habitat and timber
stand improvement, including thinning and pruning, on lands acquired by
the United States under this Act.
(b) Department of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as may be
necessary for land surveys and conveyances pursuant to this Act.
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