Sec. 3. Findings; purpose

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Congress finds that— in 1971, Congress enacted the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) to recognize and settle the aboriginal claims of Alaska Natives to land historically used by Alaska Natives for traditional, cultural, and spiritual purposes; and that Act declared that the land settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives ; the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. )— authorized the distribution of approximately $1,000,000,000 and 44,000,000 acres of land to Alaska Natives; and provided for the establishment of Native Corporations to receive and manage the funds and that land to meet the cultural, social, and economic needs of Native shareholders; under section 12 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 ), each Regional Corporation, other than Sealaska (the Regional Corporation for southeast Alaska), was authorized to receive a share of land based on the proportion that the number of Alaska Native shareholders residing in the region of the Regional Corporation bore to the total number of Alaska Native shareholders, or the relative size of the area to which the Regional Corporation had an aboriginal land claim bore to the size of the area to which all Regional Corporations had aboriginal land claims;

Sealaska, the Regional Corporation for southeast Alaska, 1 of the Regional Corporations with the largest number of Alaska Native shareholders, with more than 21 percent of all original Alaska Native shareholders, received less than 1 percent of the lands set aside for Alaska Natives, and received no land under section 12 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 ); the Tlingit and Haida Indian Tribes of Alaska was 1 of the entities representing the Alaska Natives of southeast Alaska before the date of enactment of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); and Sealaska did not receive land in proportion to the number of Alaska Native shareholders, or in proportion to the size of the area to which Sealaska had an aboriginal land claim, in part because of a United States Court of Claims cash settlement to the Tlingit and Haida Indian Tribes of Alaska in 1968 for land previously taken to create the Tongass National Forest and Glacier Bay National Monument; the 1968 Court of Claims cash settlement of $7,500,000 did not— adequately compensate the Alaska Natives of southeast Alaska for the significant quantity of land and resources lost as a result of the creation of the Tongass National Forest and Glacier Bay National Monument or other losses of land and resources; or justify the significant disparate treatment of Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 ) in 1971; while each other Regional Corporation received a significant quantity of land under sections 12 and 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 , 1613), Sealaska only received land under section 14(h) of that Act ( 43 U.S.C. 1613(h) ); section 14(h) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h) ) authorized the Secretary to withdraw and convey 2,000,000 acres of unreserved and unappropriated public lands in Alaska from which Alaska Native selections could be made for historic sites, cemetery sites, Urban Corporation land, Native group land, and Native Allotments; under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ), after selections are made under paragraphs

(1)through

(7)of that section, the land remaining in the 2,000,000-acre land pool is allocated based on the proportion that the original Alaska Native shareholder population of a Regional Corporation bore to the original Alaska Native shareholder population of all Regional Corporations; the only Native land entitlement of Sealaska derives from a proportion of leftover land remaining from the 2,000,000-acre land pool, estimated as of the date of enactment of this Act at approximately 1,655,000 acres; because at the time of enactment of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) all public land in the Tongass National Forest had been reserved for purposes of creating the national forest, the Secretary was not able to withdraw any public land in the Tongass National Forest for selection by and conveyance to Sealaska; at the time of enactment of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) other public lands in southeast Alaska not located in the Tongass National Forest were not suitable for selection by and conveyance to Sealaska because such lands were located in Glacier Bay National Monument, were included in a withdrawal effected pursuant to section 17(d)(2) of that Act ( 43 U.S.C. 1616(d)(2) ) and slated to become part of the Wrangell-St. Elias National Park, or essentially consisted of mountain tops; Sealaska in 1975 requested that Congress amend the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) to permit the Regional Corporation to select lands inside of the withdrawal areas established for southeast Alaska Native villages under section 16 of that Act ( 43 U.S.C. 1615 ), otherwise, there were no areas available for selection; and in 1976 Congress amended section 16 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1615 ) to allow Sealaska to select lands under section 14(h)(8) of that Act ( 43 U.S.C. 1613(h)(8) ) from land located inside, rather than outside, the withdrawal areas established for southeast Alaska Native villages; the 10 Alaska Native village withdrawal areas in southeast Alaska surround the Alaska Native communities of Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, and Saxman; the existing conveyance requirements of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) for southeast Alaska limit the land eligible for conveyance to Sealaska to the original withdrawal areas surrounding 10 Alaska Native villages in southeast Alaska, which precludes Sealaska from selecting land located— in any withdrawal area established for the Urban Corporations for Sitka and Juneau, Alaska; or outside the 10 Alaska Native village withdrawal areas; and unlike other Regional Corporations, Sealaska is not authorized to request land located outside the withdrawal areas described in subparagraph

(A)if the withdrawal areas are insufficient to complete the land entitlement of Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); the deadline for applications for selection of cemetery sites and historic places on land outside withdrawal areas established under section 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613 ) was July 1, 1976; as of that date, the Bureau of Land Management notified Sealaska that the total entitlement of Sealaska would be approximately 200,000 acres; and Sealaska made entitlement allocation decisions for cultural sites and economic development sites based on that original estimate; as a result of the Alaska Land Transfer Acceleration Act ( Public Law 108–452 ; 118 Stat. 3575) and subsequent related determinations and actions of the Bureau of Land Management, it became clear within the last decade that Sealaska would be entitled to receive a total of approximately 365,000 acres pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); in light of the revised Bureau of Land Management estimate of the total number of acres that Sealaska will receive pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), and in consultation with Members of Alaska’s congressional delegation, Sealaska and its shareholders believe that it is appropriate to allocate more of the entitlement of Sealaska to— the acquisition of places of sacred, cultural, traditional, and historical significance; the acquisition of sites with traditional and recreational use value and sites suitable for renewable energy development; and the acquisition of lands that are not within the watersheds of Native and non-Native communities and are suitable economically and environmentally for natural resource development; 44 percent (820,000 acres) of the 10 Alaska Native village withdrawal areas established under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) described in paragraphs

(7)and

(8)are composed of salt water and not available for selection; of land subject to the selection rights of Sealaska, 110,000 acres are encumbered by gubernatorial consent requirements under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); in each withdrawal area, there exist other unique factors that limit the ability of Sealaska to select sufficient land to fulfill the land entitlement of Sealaska; the selection limitations and guidelines applicable to Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. )— are inequitable and inconsistent with the purposes of that Act because there is insufficient land remaining in the withdrawal areas to meet the traditional, cultural, and socioeconomic needs of the shareholders of Sealaska; and make it difficult for Sealaska to select— places of sacred, cultural, traditional, and historical significance; sites with traditional and recreation use value and sites suitable for renewable energy development; and lands that meet the real economic needs of the shareholders of Sealaska; unless Sealaska is allowed to select land outside designated withdrawal areas in southeast Alaska, Sealaska will not be able to— complete the land entitlement selections of Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) in a manner that meets the cultural, social, and economic needs of Native shareholders; avoid land selections in watersheds that are the exclusive drinking water supply for regional communities, support world class salmon streams, have been identified as important habitat, or would otherwise be managed by the Forest Service as roadless and old growth forest reserves; secure ownership of places of sacred, cultural, traditional, and historical importance to the Alaska Natives of southeast Alaska; and continue to support forestry jobs and economic opportunities for Alaska Natives and other residents of rural southeast Alaska; the rate of unemployment in southeast Alaska exceeds the statewide rate of unemployment on a non-seasonally adjusted basis; in November 2012, the Alaska Department of Labor and Workforce Development reported the unemployment rate for the Prince of Wales—Hyder census area at approximately 12.1 percent; in October 2007, the Alaska Department of Labor and Workforce Development projected population losses between 1996 and 2030 for the Prince of Wales—Outer Ketchikan census area at 56.6 percent; official unemployment rates severely underreport the actual level of regional unemployment, particularly in Native villages; and additional job losses will exacerbate outmigration from Native and non-Native communities in southeast Alaska; Sealaska has played, and is expected to continue to play, a significant role in the health of the southeast Alaska economy; despite the small land base of Sealaska as compared to other Regional Corporations (less than 1 percent of the total quantity of land allocated pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. )), Sealaska has— provided considerable benefits to Alaska Native shareholders; supported hundreds of jobs for Alaska Native shareholders and non-shareholders in southeast Alaska for more than 30 years; and been a significant economic force in southeast Alaska; pursuant to the revenue sharing provisions of section 7(i) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(i) ), Sealaska has distributed more than $300,000,000 during the period beginning on January 1, 1971, and ending on December 31, 2005, to Native Corporations throughout the State of Alaska from the development of natural resources, which accounts for 42 percent of the total revenues shared under that section during that period; resource development operations maintained by Sealaska— support hundreds of jobs in the southeast Alaska region; make timber available to local and domestic sawmills and other wood products businesses such as guitar manufacturers; support firewood programs for local communities; support maintenance of roads utilized by local communities for subsistence and recreation uses; support development of new biomass energy opportunities in southeast Alaska, reducing dependence on high-cost diesel fuel for the generation of energy; provide start-up capital for innovative business models in southeast Alaska that create new opportunities for non-timber economic development in the region, including support for renewable biomass initiatives, Alaska Native artisans, and rural mariculture farming; and support Native education and cultural and language preservation activities; if the resource development operations of Sealaska cease on land appropriate for those operations, there will be a significant negative impact on— southeast Alaska Native shareholders; the cultural preservation activities of Sealaska; the economy of southeast Alaska; and the Alaska Native community that benefits from the revenue-sharing requirements under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); it is critical that the remaining land entitlement conveyances to Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) are fulfilled to continue to meet the economic, social, and cultural needs of the Alaska Native shareholders of southeast Alaska and the Alaska Native community throughout Alaska; in order to realize cultural preservation goals while also diversifying economic opportunities, Sealaska should be authorized to select and receive conveyance of— sacred, cultural, traditional, and historic sites and other places of traditional and cultural significance, to facilitate the perpetuation and preservation of Alaska Native culture and history; other sites with traditional and recreation use value and sites suitable for renewable energy development to facilitate appropriate tourism and outdoor recreation enterprises and renewable energy development for rural southeast Alaska communities; and lands that are suitable economically and environmentally for natural resource development; on completion of the conveyances of land to Sealaska to fulfill the full land entitlement of Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), the encumbrances on 327,000 acres of Federal land created by the withdrawal of land for selection by Native Corporations in southeast Alaska should be removed, which will facilitate thorough and complete planning and efficient management relating to national forest land in southeast Alaska by the Forest Service; although the Tribal Forest Protection Act ( 25 U.S.C. 3101 note; Public Law 108–278 ) defines the term Indian tribe to include Indian tribes under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), a term which includes any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act … , the Tribal Forest Protection Act does not define the term Indian forest land or rangeland to include lands owned by Alaska Native Corporations, including Sealaska, which are the primary Indian forest land owners in Alaska, and therefore, the Tribal Forest Protection Act should be amended in a manner that will— permit Native Corporations, including Sealaska, as Indian forest land owners in Alaska, to work with the Secretary of Agriculture under the Tribal Forest Protection Act to address forest fire and insect infestation issues, including the spread of the spruce bark beetle in southeast and southcentral Alaska, which threaten the health of the Native forestlands; and ensure that Native Corporations, including Sealaska, can participate in programs administered by the Secretary of Agriculture under the Tribal Forest Protection Act without including Native Corporations under the definition in that Act of Indian forest land or rangeland or otherwise amending that Act in a manner that validates, invalidates, or otherwise affects any claim regarding the existence of Indian country in the State of Alaska; and although the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) defines the term Indian tribe to include any Native village, Regional Corporation or Village Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act , the National Historic Preservation Act does not define the term Tribal lands to include lands owned by Alaska Native Corporations, thereby excluding from the National Historic Preservation Act cemetery sites and historical places transferred to Native Corporations, including Sealaska, pursuant to the Alaska Native Claims Settlement Act, and therefore, the National Historic Preservation Act should be amended in a manner that will— permit Native Corporations, including Sealaska, as owners of Indian cemetery sites and historical places in Alaska, to work with the Secretary of the Interior under the National Historic Preservation Act to secure grants and other support to manage their own historic sites and programs pursuant to that Act; and ensure that Native Corporations, including Sealaska, can participate in programs administered by the Secretary of the Interior under the National Historic Preservation Act without including Native Corporations under the definition in that Act of Tribal lands or otherwise amending that Act in a manner that validates, invalidates, or otherwise affects any claim regarding the existence of Indian country in the State of Alaska. The purpose of this Act is to address the inequitable treatment of Sealaska by allowing Sealaska to select the remaining land entitlement of Sealaska under section 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613 ) from designated Federal land in southeast Alaska located outside the 10 southeast Alaska Native village withdrawal areas in a manner that meets the cultural, social, and economic needs of Alaska Native shareholders, including the need to maintain jobs supported by Sealaska in rural southeast Alaska communities.

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