II
112th CONGRESS
1st Session
S. 730
IN THE SENATE OF THE UNITED STATES
April 5, 2011
Ms. Murkowski (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.
Short title
This Act may be cited as
the Southeast Alaska Native Land
Entitlement Finalization and Jobs Protection Act
.
Definitions
In this Act:
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).
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).
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.).
Secretary
The term Secretary means the Secretary of the Interior.
Selections in southeast Alaska
Selection by Sealaska
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).
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—
reservation of public easements across land pursuant to section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b));
valid existing rights pursuant to section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)); and
the land bank protections of section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)).
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The following public land is withdrawn, subject to valid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)):
Land identified
on the maps dated February 1, 2011, and labeled Attachment A (Maps 1
through 8)
.
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.
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 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
;
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
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
.
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—
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
on identification of the land by Sealaska under paragraph (1), the identified land shall be—
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
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—
no sites with sacred, cultural, traditional, or historic significance may be selected from within a unit of the National Park System; and
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.
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—
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;
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;
access on the forest development road identified in paragraph (2)(a) of the patent numbered 50–94–0046 and dated December 17, 1993;
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)
;
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
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).
Conveyances to sealaska
Timeline for conveyance
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.
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).
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.
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).
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))—
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;
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
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.
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.
Applicable easements and public access
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 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)
;
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);
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—
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
the condition that Sealaska shall post on any applicable property, in accordance with State law, notices of the conditions on use; and
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).
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—
the right of public access across the conveyances where no reasonable alternative access around the land is available without liability to Sealaska; and
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.
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.
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—
the right of public access across the land without liability to Sealaska; and
the condition that public access across the land would not be unreasonably restricted or impaired.
Effect
No right of access provided to any individual or entity (other than Sealaska) by this subsection—
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
provides standing in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the applicable land.
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)—
shall be subject to a covenant prohibiting any commercial timber harvest or mineral development on the land;
shall be subject to a covenant allowing use of the land only as described in subsection (f); and
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)).
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—
preservation of cultural knowledge and traditions associated with the site;
historical, cultural, and scientific research and education;
public interpretation and education regarding the cultural significance of the site to Alaska Natives;
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
site improvement activities for any purpose described in paragraphs (1) through (4), subject to the condition that the activities—
are consistent with the sacred, cultural, traditional, or historic nature of the site; and
are not inconsistent with the management plans for adjacent public land.
Termination of restrictive covenants
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.
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).
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.
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—
a covenant prohibiting any commercial timber harvest or mineral development; and
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.
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.
Guiding and outfitting special use permits or authorizations
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.
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.
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—
this subsection;
section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)); or
any deed covenant.
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.
Miscellaneous
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.).
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—
any federally authorized carbon sequestration program, ecological services program, or environmental mitigation credit; and
any other federally authorized environmental incentive credit or program.
No material effect on forest plan
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.
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.
Effect on entitlement
Nothing in this Act shall have any effect upon the entitlement due to any Native Corporation, other than Sealaska, under—
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or
the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
Conservation areas
In general
Section 508 of the Alaska National Interest Lands Conservation Act (Public Law 96–487; 94 Stat. 2381, 104 Stat. 4428) is amended—
in the matter preceding paragraph (1), by
striking The following lands are hereby
and inserting the
following:
In general
The following land is
; and
by adding at the end the following:
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:
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.
Kushneahin creek
Certain land, comprising approximately 36,703 acres, located on southwestern Kupreanof Island in the Forest Service Value Comparison Units 4300 and 4310.
Sarkar lakes
Certain land, comprising approximately 25,403.7 acres, located on Prince of Wales Island in Forest Service Value Comparison Unit 5541.
Western koscuisko
Certain land, comprising approximately 7,416.5 acres, located on Koscuisko Island in Forest Service Value Comparison Units 5410, 5430, and 5440.
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.
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.
Eastern Koscuisko
Certain karst land, comprising approximately 1,663 acres, located on Koscuisko Island in Forest Service Value Comparison Units 5430 and 5460.
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.
Management of conservation areas
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.
Requirements
In managing the areas designated by subsection (a)(13)—
the Forest Service shall protect the traditional and cultural use, biological and geological value, and, where applicable, the roadless character of the areas;
industrial logging and associated road building shall be prohibited;
timber micro-sales in accessible areas shall be allowed;
restoration projects in young-growth stands and salmon streams shall be encouraged for meeting integrated resource objectives;
subsistence enhancement and low impact recreation and tourism development projects shall be encouraged;
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
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.
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.
.
Maps
Availability
Each map referred to in this Act shall be maintained on file in—
the office of the Chief of the Forest Service; and
the office of the Secretary.
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.
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.
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.