Section 1. Short title
This Act may be cited as the Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act.
Section 2. Purpose
The purpose of this Act is to redress the omission of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by authorizing the Alaska Natives enrolled in the communities—
(1) to form Urban Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and
(2) to receive certain settlement land pursuant to that Act.
Section 3. Establishment of additional native corporations
Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following:
(1) In general
The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations.
(2) Effect on entitlement to land
Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.
Section 5. Distribution rights
Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended—
(1) in subsection (j)—
(A) in the third sentence, by striking In the case and inserting the following:
(3) Thirteenth regional corporation
In the case;
(B) in the second sentence, by striking Not less and inserting the following:
(2) Minimum allocation
Not less;
(C) by striking (j) During and inserting the following:
(1) In general
During; and
(D) by adding at the end the following:
(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell
Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.; and
(2) by adding at the end the following:
(s) Effect of amendatory Act
The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect—
(1) the ratio for determination of revenue distribution among Native Corporations under this section; or
(2) the settlement agreement among Regional Corporations or Village Corporations or other provisions of subsection (i) or (j).
Section 6. Compensation
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following:
(a) Definition of urban corporation
In this section, the term Urban Corporation means each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.
(A) In general
Subject to valid existing rights, the Federal land described in paragraph (1) is withdrawn from all forms of—
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(B) Termination
The withdrawal under subparagraph (A) shall remain in effect until the date on which the Federal land is conveyed under paragraph (1).
(3) Treatment of land conveyed
Except as otherwise provided in this section, any land conveyed to an Urban Corporation under paragraph (1)(A)(i)—
(i) shall be considered to be land conveyed by the Secretary under paragraph (3) of section 14(h); but
(ii) shall not be subject to the requirements under that section that the land be vacant, unappropriated, and unreserved; and
(B) shall be subject to all laws (including regulations) applicable to entitlements under section 14(h)(3), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)).
(A) In general
Subject to subparagraph (C), the conveyance and patents for the land under paragraph (1)(A)(i) shall be subject to the reservation before the conveyance of public easements under section 17(b).
(B) Termination
No public easement reserved on land conveyed under paragraph (1)(A)(i) shall be terminated by the Secretary without publication of notice of the proposed termination in the Federal Register.
(C) Reservation of easements
In the conveyance and patent for any parcel of land under paragraph (1)(A)(i) for which the easement reservation process has not been completed by the date that is 2 years after the applicable date of incorporation of the Urban Corporation under section 16(e)(1), or, in the case of an appeal of a public easement under section 17(b), by the date that is 3 years after the applicable date of incorporation, the Secretary shall—
(i) convey the parcel of land; and
(ii) as part of the conveyance and patent for the parcel of land under clause (i), reserve the right of the Secretary to amend the conveyance and patent to include reservations of public easements under section 17(b) until the date of completion of the easement reservation process.
(D) State of Alaska easements
Nothing in this Act modifies, changes, or terminates the rights-of-way granted to the State under—
(i) section 4407 of the SAFETEA–LU (Public Law 109–59; 119 Stat. 1777); or
(ii) the 2006 memorandum of understanding between the State and the Forest Service to implement that section.
(A) In general
Any land conveyed under paragraph (1)(A)(i), including access to the land through roadways, trails, and forest roads, shall remain open and available to subsistence uses, noncommercial recreational hunting and fishing, and other noncommercial recreational uses by the public under applicable law—
(i) without liability on the part of the Urban Corporation, except for willful acts of the Urban Corporation, to any user as a result of the use; and
(ii) subject to—
(I) any reasonable restrictions that may be imposed by the Urban Corporation on the public use—
(aa) to ensure public safety;
(bb) to minimize conflicts between recreational and commercial uses;
(cc) to protect cultural resources;
(dd) to conduct scientific research; or
(ee) to provide environmental protection; and
(II) the condition that the Urban Corporation post on any applicable property, in accordance with State law, notices of the restrictions on use.
(B) Effect
Access provided to any individual or entity under subparagraph (A) shall not—
(i) create an interest in any third party in the land conveyed under paragraph (1)(A)(i); or
(ii) provide standing to any third party in any review of, or challenge to, any determination by the Urban Corporation with respect to the management or development of the land conveyed under paragraph (1)(A)(i), except as against the Urban Corporation for the management of public access under subparagraph (A).
(i) In general
The Secretary of Agriculture shall seek to enter into a binding mutual use agreement for—
(I) the use of National Forest System roads and related transportation facilities (including marine access facilities, log transfer facilities, sort yards, and associated log rafting and storage areas) in the Tongass National Forest by the Urban Corporation and designees of the Urban Corporation; and
(II) the use of the roads and related transportation facilities (including marine access facilities, log transfer facilities, sort yards, and associated log rafting and storage areas) of the Urban Corporation by the Forest Service and designees of the Forest Service.
(ii) Terms and conditions
The binding mutual use agreement under clause (i)—
(I) shall provide that the use of road and transportation facilities infrastructure by a third party shall not begin until the date on which the third party signs a mutual use agreement entered into with the Urban Corporation;
(II) shall provide that the State (including entities and designees of the State) shall be authorized to use the roads and related transportation facilities of the Urban Corporation on substantially similar terms as are provided by the Urban Corporation to the Forest Service;
(III) shall include restrictions on, and fees for, the use of the National Forest System roads and related transportation facilities in existence as of the date of enactment of this section, as necessary, that are reasonable and comparable to the restrictions and fees imposed by the Forest Service for the use of the roads and related transportation facilities;
(IV) shall not restrict or limit any access to the roads and related transportation facilities of the Urban Corporation or the Forest Service that may be otherwise provided by valid existing rights and agreements in existence as of the date of enactment of this section; and
(V) shall provide for periodic updates to the mutual use agreement if the terms and conditions of the updated mutual use agreement are consistent with the terms and conditions described in subclauses (I) through (IV).
(iii) Intent of congress
It is the intent of Congress that the mutual use agreement under clause (i) shall be entered into as soon as practicable after the date of enactment of this section and in any case by not later than 1 year after the date of incorporation of the Urban Corporation.
(iv) Continued access
Beginning on the date on which the land is conveyed to the Urban Corporation under paragraph (1)(A)(i) and ending on the effective date of a binding mutual use agreement entered into under clause (i), the Urban Corporation shall provide and allow administrative access to roads and related transportation facilities on the land under substantially similar terms as are provided by the Forest Service as of the date of enactment of this section.
(i) In general
Nothing in this section delays the duty of the Secretary to convey land to—
(I) the State under Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21); or
(II) a Native Corporation under—
(aa) this Act; or
(bb) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452).
(I) In general
Statehood selections under Public Law 85–508 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21) are not displaced by the parcels of land described in subclauses (I) through (V) of paragraph (1)(A)(i).
(II) Boundary adjustments
In the event of a dispute between an area selected as a Statehood selection and a parcel of land referred to in subclause (I), the Secretary shall work with the Urban Corporation and the State in good faith to adjust the boundary of the parcel to exclude any area selected as a Statehood selection.
(iii) 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—
(I) this Act; and
(II) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452).
(iv) Fish and wildlife
Nothing in this section enlarges or diminishes the responsibility and authority of the State with respect to the management of fish and wildlife on public land in the State.
(i) Availability
Each map referred to in paragraph (1)(A)(i) shall be available in the appropriate offices of the Secretary and the Secretary of Agriculture.
(ii) Corrections
The Secretary, in consultation with the Secretary of Agriculture, may make any necessary correction to a clerical or typographical error in a map referred to in paragraph (1)(A)(i).
(7) Escrow funds
Beginning on the date of enactment of this section, 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 paragraph (2).
(1) In general
The land conveyed to an Urban Corporation under subsection (b)(1)(A)(i) shall include all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Urban Corporation.
(2) Conditions
The land conveyed to an Urban Corporation under subsection (b)(1)(A)(i) shall be subject to all valid existing rights in accordance with section 14(g), including any reciprocal rights-of-way, easements, or agreements for the use of the roads, trails, log transfer facilities, leases, and appurtenances conveyed under subsection (b)(1)(A)(i).
(A) In general
On or before the date on which land is conveyed to an Urban Corporation under subsection (b)(1)(A)(i), the Secretary of Agriculture and the Secretary of the Interior shall provide to the Urban Corporation notice of all reciprocal rights-of-way, easements, and agreements for use of the roads, trails, log transfer facilities, leases, and appurtenances on or related to the land in existence as of the date of enactment of this section.
(B) Requirement
In accordance with section 14(g), any right-of-way, easement, or agreement described in subparagraph (A) shall continue unless the right-of-way, easement, or agreement—
(i) expires under its own terms; or
(ii) is mutually renegotiated.
(1) In general
Each Urban Corporation may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the community of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, as applicable.
(2) Proceeds and income
The proceeds and income from the principal of a trust established under paragraph (1) shall—
(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and
(B) thereafter to the support of all other enrollees.