Sec. 4. Conveyances to Sealaska
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Subject to valid existing rights, subsections (c), (d), and (e), section 3(b), and section 6(a), the Secretary shall complete the interim conveyance of the 18 parcels of Federal land comprising approximately 69,585 acres generally depicted on the maps by the date that is 60 days after the date of receipt of the resolution under section 3(a), subject to the Secretary identifying and reserving, by the date that is 2 years after the date of enactment of this Act, any easement that could have been reserved in accordance with this Act prior to the interim conveyance. 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(a)is withdrawn from— all forms of appropriation under the public land laws; location, entry, and patent under the mining laws; disposition under laws relating to mineral or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 ). The withdrawal under paragraph
(1)shall remain in effect until— if Sealaska fails to file a resolution in accordance with section 3(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). 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)). 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) ). In the deeds of conveyance for the land under subsection (a), the Secretary shall reserve a conservation easement to protect the aquatic and riparian habitat extending 100 feet on each side of the anadromous water bodies depicted as 100 Foot Conservation Easement on the maps numbered 3, 4, and 6. The commercial harvest of timber within the conservation easements described in subparagraph
(A)shall be prohibited, except that Sealaska may, for the purpose of harvesting timber outside of the conservation easement— maintain roads within the conservation easement that are in existence on the date of enactment of this Act; and construct temporary roads and yarding corridors across the conservation easements in accordance with the applicable National Forest System construction standards. The Secretary of Agriculture shall administer the conservation easements described in subparagraph (A). In the deed of conveyance for the land generally depicted on the map entitled Sealaska Land Entitlement Finalization , numbered 7 of 17, and dated October 17, 2012, 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. 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 6(b). 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 17, and dated October 17, 2012; 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 17 and dated October 17, 2012. In addition to the agreement under section 6(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. 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). 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 ), 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. 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), except as against Sealaska for the management of public access under paragraph (1).
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- Pub. L. 85-508
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Sec. 4
Conveyances to Sealaska
Pub. L.Pub. L. 85-508
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