Sec. 5. Cemetery sites and historical places
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Notwithstanding section 14(h)(1)(E) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1)(E) ), Sealaska may submit applications for the conveyance under section 14(h)(1)(A) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1)(A) ) of not more than 76 cemetery sites and historical places— that are listed in the document entitled Sealaska Cemetery Sites and Historical Places and dated October 17, 2012; that are cemetery sites and historical places included in the report by Wilsey and Ham, Inc., entitled 1975 Native Cemetery and Historic Sites of Southeast Alaska (Preliminary Report) and dated October 1975; for which Sealaska has not previously submitted an application; and that are not located within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3102 )).
Except as otherwise provided in this section, the Secretary shall consider all applications submitted under this section in accordance with the criteria and procedures set forth in applicable regulations in effect as of the date of enactment of this Act. The Secretary may convey cemetery sites and historical places under this section that result in the conveyance of a total of approximately 490 acres of Federal land comprised of parcels that are— applied for in accordance with this section; and subject to— valid existing rights; the public access provisions of subsection (g); the condition that the conveyance of land for the site listed under subsection (a)(1) as Bay of Pillars Portage is limited to 25 acres in T.60 S., R.72 E., Sec. 28, Copper River Meridian; and the condition that any access to or use of the cemetery sites and historical places shall be consistent with the management plans for adjacent public land, if the management plans are more restrictive than the laws (including regulations) applicable under subsection (i).
No application for a cemetery site or historical place may be submitted under subsection
(a)after the date that is 2 years after the date of enactment of this Act. Sealaska shall— consult with any affected federally recognized Indian tribe before submitting any application for a cemetery site or historical place located within the traditional territory of the Indian tribe; and include with each application described in paragraph
(1)a statement that the required consultation was carried out in accordance with that paragraph. If Sealaska submits timely applications to the Secretary in accordance with subsections (a), (d), and (e), for all 76 sites listed under subsection (a)(1), and the Secretary rejects any of those applications in whole or in part— not later than 2 years after the date on which the Secretary completes the conveyance of eligible cemetery sites and historical places applied for under subsection (a), and subject to subsection (e), Sealaska may submit applications for the conveyance under section 14 (h)(1)(A) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1)(A) ) of additional cemetery sites that are not located in a conservation system unit described in (a)(4), the total acreage of which, together with the cemetery sites and historical places previously conveyed by the Secretary under subsection (c), shall not exceed 490 acres; and the Secretary shall— consider any applications for the conveyance of additional cemetery sites in accordance with subsection (b); and if the applications are approved, provide for the conveyance of the sites in accordance with subsection (c). Subject to paragraph (2), any land conveyed under this section 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) ); public access across the conveyed land in cases in which no reasonable alternative access around the land is available, without liability to Sealaska, except for willful acts, to any user by reason of the use; and public access within 25 feet of any Class I stream described in section 705(e) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 539d(e) ) for noncommercial recreational and subsistence fishing, without liability to Sealaska, except for willful acts, to any user by reason of the use. The public access and use under subparagraphs
(B)and
(C)of paragraph
(1)shall be subject to— any reasonable restrictions that may be imposed by Sealaska on the public access and use— to ensure public safety; to protect and conduct research on the historic, archaeological, and cultural resources of the conveyed land; or to provide environmental protection; the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on the public access and use; and the condition that the public access and use shall not be incompatible with or in derogation of the values of the area as a cemetery site or historical place, as provided in section 2653.11 of title 43, Code of Federal Regulations (or a successor regulation). Access provided to any individual or entity by paragraph
(1)shall not— create an interest in any third party in the land conveyed under this section; 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 this section, except as against Sealaska for the management of public access under paragraph (2). Notwithstanding any other provision of law, Sealaska shall not— alienate, transfer, assign, mortgage, or pledge any cemetery site or historical place conveyed under this section to any person or entity other than the United States; or permit development or improvement of the cemetery site or historical place for any use which is incompatible with, or is in derogation of, the values of the area as a cemetery site or historical place. Notwithstanding any other provision of law, any cemetery site or historical place conveyed to Sealaska under this section shall be exempt from— adverse possession and similar claims based on estoppel; real property taxes by any governmental entity; title 11 of the United States Code or a successor law, any other insolvency or moratorium law, or any other law generally affecting creditors’ rights; judgments in any action at law or in equity to recover sums owed or penalties incurred by Sealaska or any employee, officer, director, or shareholder of Sealaska; and involuntary distributions or conveyances to any person or entity other than the United States related to the involuntary dissolution of Sealaska. Except as otherwise provided in this Act, any land conveyed to Sealaska under this section shall be— considered land conveyed by the Secretary under section 14(h)(1) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1) ); and subject to all laws (including regulations) applicable to conveyances under section 14(h)(1) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1) ), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)).
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Sec. 5
Cemetery sites and historical places
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