US Codex
Bill
Notes

S. 3617 — what changed

Cape Fox Land Entitlement Finalization Act of 2024

From Reported in Senate to Engrossed in Senate. 4 sections amended between Reported in Senate and Engrossed in Senate.

Sec. 2 Definitions

changed Congress finds that—In this Act:

(1)
changed Cape Fox— The term Cape Fox means the Cape Fox Corporation is Village Corporation, a Village Corporation for the Native Village of Saxman, Alaska, organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);seq.).
(2)
changed Federal land— similar to other Village Corporations in southeast Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox could select only 23,040 The term Federal land means the approximately 180 acres from of surface land withdrawn for within the purpose Tongass National Forest in the State of that selection;Alaska, as generally depicted on the Map.
(3)
changed Map— under section 22(l) of that Act (43 U.S.C. 1621(l))—The term Map means the map entitled “Cape Fox Village Corporation Final Selection” and dated December 18, 2023.
(A)
removed the Village Corporations in southeast Alaska, other than Cape Fox, were restricted with respect to the selection of land within 2 miles of a home rule city (as that term is used in that Act); and
(B)
removed to protect the watersheds in the vicinity, Cape Fox was restricted with respect to the selection of land within 6 miles of the boundary of the home rule city of Ketchikan, Alaska;
(4)
changed Secretary— The term Secretary means the 6-mile restriction described in paragraph (3)(B) precluded Cape Fox from selecting valuable land, industrial sites, and other commercial property located—Secretary of the Interior.
(A)
removed within the townships in which the Native Village of Saxman is located, more particularly described as T.75 S., T.76 S., R.91 E., Copper River Meridian; and
(B)
removed on surrounding land that is far removed from Ketchikan, Alaska, and its watersheds;
(5)
removed as a result of the restriction described in paragraph (3)(B), only the remote, mountainous, northeast corner of the property described in paragraph (4)(A), which is nonproductive and has no known economic value, was available for selection by Cape Fox, as required under section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b));
(6)
removed land selections by Cape Fox under that Act were further limited by the fact that—
(A)
removed the Annette Island Indian Reservation is located within the applicable selection area; and
(B)
removed land of that Reservation is unavailable for selection by Cape Fox;
(7)
removed Cape Fox is the only Village Corporation affected by the restrictions described in paragraphs (3)(B) and (6); and
(8)
removed the Secretary has advised Congress that the predicament of Cape Fox is sufficiently unique to warrant the legislative remedy provided by this Act.

Sec. 3 Waiver of core township requirement for certain land

(a)
added In general— Notwithstanding section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of the approximately 185 acres of unconveyed land described in subsection (b) located within the township in which the Native Village of Saxman, Alaska, is located.

removed In this Act:

(b)
changed Cape Fox—Land described— The term Cape Fox means the Cape Fox Village Corporation, a Village Corporation for the Native Village of Saxman, Alaska, organized pursuant land referred to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).in subsection (a) is as follows:
(1)
added Approximately 40 acres in T. 74 S., R.90 E., sec. 10, SWNE, Copper River Meridian.
(2)
added Approximately 144.57 acres in T.75 S., R.91 E., sec. 1, lots 1, 3, and 4, Copper River Meridian.
(2)
removed Federal land— The term Federal land means the approximately 180 acres of surface land within the Tongass National Forest in the State of Alaska, as generally depicted on the Map.
(3)
removed Map— The term Map means the map entitled “Cape Fox Village Corporation Final Selection” and dated December 18, 2023.
(4)
removed Secretary— The term Secretary means the Secretary of the Interior.

Sec. 4 Selection outside exterior selection boundary

(a)
changed In general—Selection and Conveyance of Surface Estate— Notwithstanding section 16(b) of Not later than 90 days after the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)), date of enactment of this Act, if Cape Fox shall not be required submits to select or receive conveyance of the approximately 185 acres Secretary a written notice of unconveyed land described in subsection (b) located within selection of the township in which Federal land, the Native Village of Saxman, Alaska, is located.Secretary shall, on receiving that written notice, convey the Federal land to Cape Fox.
(b)
changed Land described—Conveyance of Subsurface Estate— The land referred On conveyance to in Cape Fox of the surface estate to the Federal land under subsection (a) is as follows:(a), the Secretary shall convey to Sealaska Corporation the subsurface estate to that Federal land.
(c)
added Timing— It is the intent of Congress that the Secretary complete the conveyances to Cape Fox and Sealaska Corporation under subsections (a) and (b), respectively, as soon as practicable after the date on which the Secretary receives a written notice of the selection of Cape Fox under subsection (a), but not later than 180 days after the date on which the Secretary receives that written notice.
(d)
added Entitlement fulfilled— The conveyance of Federal land to Cape Fox and the subsurface interest in the Federal land to Sealaska Corporation under subsections (a) and (b), respectively, shall be considered to fulfill the entitlement of—
(1)
added Cape Fox under section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615); and
(2)
added Sealaska Corporation to any subsurface interest in the Federal land under section 14(f) of that Act (43 U.S.C. 1613(f)).
(1)
removed Approximately 40 acres in T. 74 S., R.90 E., sec. 10, SWNE, Copper River Meridian.
(2)
removed Approximately 144.57 acres in T.75 S., R.91 E., sec. 1, lots 1, 3, and 4, Copper River Meridian.

Sec. 5 Public access easement

added The conveyance of the Federal land under section 4 shall be subject to the reservation of a public easement under section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)) to allow for access to National Forest System land further inland on Revillagigedo Island from the George Inlet.

(a)
removed Selection and Conveyance of Surface Estate— Not later than 90 days after the date of enactment of this Act, if Cape Fox submits to the Secretary a written notice of selection of the Federal land, the Secretary shall, on receiving that written notice, convey the Federal land to Cape Fox.
(b)
removed Conveyance of Subsurface Estate— On conveyance to Cape Fox of the surface estate to the Federal land under subsection (a), the Secretary shall convey to Sealaska Corporation the subsurface estate to that Federal land.
(c)
removed Timing— It is the intent of Congress that the Secretary complete the conveyances to Cape Fox and Sealaska Corporation under subsections (a) and (b), respectively, as soon as practicable after the date on which the Secretary receives a written notice of the selection of Cape Fox under subsection (a), but not later than 180 days after the date on which the Secretary receives that written notice.
(d)
removed Entitlement fulfilled— The conveyance of Federal land to Cape Fox and the subsurface interest in the Federal land to Sealaska Corporation under subsections (a) and (b), respectively, shall be considered to fulfill the entitlement of—
(1)
removed Cape Fox under section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615); and
(2)
removed Sealaska Corporation to any subsurface interest in the Federal land under section 14(f) of that Act (43 U.S.C. 1613(f)).