H.R. 740 — what changed
Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act
From Introduced in House to Reported in House. 2 sections amended between Introduced in House and Reported in House.
Sec. 5 Conveyances to sealaska
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Interim conveyance— Subject to valid existing rights, subsections (c), (d), and (e), section 4(b), and section 7(a), the Secretary shall complete the interim conveyance of the 25 parcels of Federal land comprising approximately 69,235 acres generally depicted on the maps by the date that is 60 days after the date of receipt of the resolution under section 4(a), subject to the Secretary identifying and reserving, by the date that is 2 years after the date of enactment of this Act, or as soon as practicable thereafter, any easement that could have been reserved in accordance with this Act prior to the interim conveyance.
Withdrawal—
In general— Subject to valid existing rights, the Federal land described in subsection (a) is withdrawn from—
all forms of appropriation under the public land laws;
location, entry, and patent under the mining laws;
disposition under laws relating to mineral or geothermal leasing; and
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).
Termination— The withdrawal under paragraph (1) shall remain in effect until—
if Sealaska fails to file a resolution in accordance with section 4(a), the date that is 90 days after the date of enactment of this Act; or
the date on which the Federal land is conveyed under subsection (a).
Treatment of land conveyed— Except as otherwise provided in this Act, any land conveyed to Sealaska under subsection (a) shall be—
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
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)).
Easements—
Public easements— The 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)).
Research easement— In the deed of conveyance for the land generally depicted on the map entitled “Sealaska Land Entitlement Finalization”, numbered 7 of 25, and dated January 22, 2013, the Secretary shall reserve an easement—
to access and continue Forest Service research activities on the study plots located on the land; and
that shall remain in effect for a 10-year period beginning on the date of enactment of this Act.
Koscuisko island road easement—
In general— The 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—
the agreement under subparagraph (C); and
the agreement under section 7(b).
Scope of the easement— The easement under subparagraph (A) shall enable Sealaska—
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 25, and dated January 22, 2013;
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
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 25 and dated January 22, 2013.
Roads and facilities use agreement— In addition to the agreement under section 7(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.
Determination of location; legal description— Sealaska shall—
in consultation with the Secretary, determine the location within the corridor of the centerline of the road described in subparagraph (B)(i); and
provide to the Secretary a legal description of the centerline acceptable for granting the easement described in subparagraph (B)(i).
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Effect— Nothing in this paragraph shall preempt or otherwise affect State or local regulatory authority.
Hunting, fishing, and recreation—
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In general— Any 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), uses and noncommercial recreational hunting and fishing and other recreational uses by the public under applicable law—
without liability on the part of Sealaska, except for willful acts, to any user as a result of the use; and
subject to—
any reasonable restrictions that may be imposed by Sealaska on the public use—
to ensure public safety;
to minimize conflicts between recreational and commercial uses;
to protect cultural resources;
to conduct scientific research; or
to provide environmental protection; and
the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on use.
Effect— Access provided to any individual or entity under paragraph (1) shall not—
create an interest in any third party in the land conveyed under subsection (a); or
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).
Sec. 7 Miscellaneous
Special use authorizations—
In general— On the conveyance of land to Sealaska under section 5(a)—
any guiding or outfitting special use authorization issued by the Forest Service for the use of the conveyed land shall terminate; and
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—
the remainder of the term of the authorization; and
1 additional consecutive 10-year renewal period.
Notice of commercial activities— Sealaska 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 5(a).
Negotiation of new terms— Nothing in this subsection precludes Sealaska and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization.
Liability— Neither 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.
Roads and facilities— Not 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—
for the use of National Forest System roads and related transportation facilities by Sealaska; and
the use of Sealaska roads and related transportation facilities by the Forest Service.
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Traditional trade and migration route designations—routes—
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Designations—Routes—
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The inside passage— The 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 shall be known as “Neix naax aan náx” (“The Inside Passage”).
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Canoe road— The 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 shall be known as “Yakwdeiyí” (“Canoe Road”).
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The people’s road— The 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 shall be known as “Lingít Deiyí” (“The People’s Road”).
Access to traditional trade and migration routes— The 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.
Technical corrections—
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Tribal forest protection— Section 2 of the Tribal Forest Protection Act of 2004, 25 (25 U.S.C. 3115a, 3115a), is amended by adding at the end a new subsection (h):
“(h)
“(1) Land owned by an Alaska Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is forest land or formerly had a forest cover or vegetative cover that is capable of restoration shall be eligible for agreements and contracts authorized under this Act and administered by the Secretary.
“(2) Nothing in this subsection validates, invalidates, or otherwise affects any claim regarding the existence of Indian country (as defined in section 1151 of title 18, United States Code) in the State of Alaska.”
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National historic preservation— Section 101(d) of the National Historic Preservation Act, 16 (16 U.S.C. 470a(d), 470a(d)), is amended by adding at the end a new paragraph (7):
“(7)
“(A) Notwithstanding any other provision of law, an Alaska Native tribe, band, nation or other organized group or community, including a Native village, Regional Corporation, or Village Corporation, shall be eligible to participate in all programs administered by the Secretary under this Act on behalf of Indian tribes, including, but not limited to, securing grants and other support to manage their own historic preservation sites and programs on lands held by the Alaska Native tribe, band, nation or other organized group or community, including a Native village, Regional Corporation, or Village Corporation.
“(B) Nothing in this paragraph validates, invalidates, or otherwise affects any claim regarding the existence of Indian country (as defined in section 1151 of title 18, United States Code) in the State of Alaska.”
Effect on other laws—
In general— Nothing in this Act delays the duty of the Secretary to convey land to—
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
a Native Corporation under—
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or
the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452).
Conveyances— The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with—
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and
the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452).
Escrow funds— If Sealaska files the resolution in accordance with section 4(a)—
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 5(b) from the date of receipt of the resolution; and
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.
Maps—
Availability— Each map referred to in this Act shall be available in the appropriate offices of the Secretary and the Secretary of Agriculture.
Corrections— The Secretary of Agriculture may make any necessary correction to a clerical or typographical error in a map referred to in this Act.