119-hr41

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 41 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 41

To provide for the recognition of certain Alaska Native communities and 
 the settlement of certain claims under the Alaska Native Claims 
 Settlement Act, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 3, 2025

 Mr. Begich introduced the following bill; which was referred to the 
 Committee on Natural Resources

_______________________________________________________________________

 A BILL

To provide for the recognition of certain Alaska Native communities and 
 the settlement of certain claims under the Alaska Native Claims 
 Settlement Act, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Unrecognized Southeast Alaska Native 
Communities Recognition and Compensation Act''.

SEC. 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.

SEC. 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:
 ``

    (e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, 
and Wrangell, Alaska.--
 ``

    (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.''.

SEC. 4. SHAREHOLDER ELIGIBILITY.

 

Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1607) is amended by adding at the end the following:
 ``
            (d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, 
and Wrangell.--
 ``

    (1) In general.--The Secretary shall enroll to each of 
 the Urban Corporations for Haines, Ketchikan, Petersburg, 
 Tenakee, or Wrangell those individual Natives who enrolled 
 under this Act to the Native Villages of Haines, Ketchikan, 
 Petersburg, Tenakee, or Wrangell, respectively.
 ``

    (2) Number of shares.--Each Native who is enrolled to an 
 Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, 
 or Wrangell pursuant to paragraph

    (1) and who was enrolled as a 
 shareholder of the Regional Corporation for Southeast Alaska 
 shall receive 100 shares of Settlement Common Stock in the 
 respective Urban Corporation.
 ``

    (3) Natives receiving shares through inheritance.--If a 
 Native received shares of stock in the Regional Corporation for 
 Southeast Alaska through inheritance from a decedent Native who 
 originally enrolled to the Native Village of Haines, Ketchikan, 
 Petersburg, Tenakee, or Wrangell and the decedent Native was 
 not a shareholder in a Village Corporation or Urban 
 Corporation, the Native shall receive the identical number of 
 shares of Settlement Common Stock in the Urban Corporation for 
 Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the 
 number of shares inherited by that Native from the decedent 
 Native who would have been eligible to be enrolled to the 
 respective Urban Corporation.
 ``

    (4) Effect on entitlement to land.--Nothing in this 
 subsection affects any previous or future allocation of acreage 
 to any Regional Corporation pursuant to 

section 12

    (b) or 
 14

    (h)

    (8) .''.

SEC. 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:
 ``

    (j) Distribution of Corporate Funds and Other Net Income.--
 ``

    (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) .''.

SEC. 6. COMPENSATION.

 The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following:

``

SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, 
 TENAKEE, AND WRANGELL.

 ``

    (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.
 ``

    (b) Conveyances of Land.--
 ``

    (1) Authorization.--
 ``
        (A) Conveyances to urban corporations.--Subject 
 to valid existing rights and paragraphs

    (3) ,

    (4) ,

    (5) , 
 and

    (6) , the Secretary shall convey--
 ``
            (i) to the Urban Corporation for Haines, 
 the surface estate in 12 parcels of Federal 
 land comprising approximately 23,040 acres, as 
 generally depicted on the maps entitled `Haines 
 Selections', numbered 1 and 2, and dated April 
 19, 2023;
 ``
            (ii) to the Urban Corporation for 
 Ketchikan, the surface estate in 8 parcels of 
 Federal land comprising approximately 23,040 
 acres, as generally depicted on the maps 
 entitled `Ketchikan Selections', numbered 1 
 through 4, and dated April 19, 2023;
 ``
            (iii) to the Urban Corporation for 
 Petersburg, the surface estate in 12 parcels of 
 Federal land comprising approximately 23,040 
 acres, as generally depicted on the maps 
 entitled `Petersburg Selections', numbered 1 
 through 3, and dated April 19, 2023;
 ``
            (iv) to the Urban Corporation for 
 Tenakee, the surface estate in 15 parcels of 
 Federal land comprising approximately 23,040 
 acres, as generally depicted on the maps 
 entitled `Tenakee Selections', numbered 1 
 through 3, and dated April 19, 2023; and
 ``
            (v) to the Urban Corporation for 
 Wrangell, the surface estate in 13 parcels of 
 Federal land comprising approximately 23,040 
 acres, as generally depicted on the maps 
 entitled `Wrangell Selections', numbered 1 
 through 5, and dated April 19, 2023.
 ``
        (B) Conveyances to regional corporation for 
 southeast alaska.--Subject to valid existing rights, on 
 the applicable date on which the surface estate in land 
 is conveyed to an Urban Corporation under subparagraph
        (A) , the Secretary shall convey to the Regional 
 Corporation for Southeast Alaska the subsurface estate 
 for that land.
 ``
            (C) Congressional intent.--
 ``
            (i) In general.--Subject to clause
            (ii) , 
 it is the intent of Congress that the Secretary 
 complete the interim conveyance of the surface 
 estate in land to an Urban Corporation under 
 subparagraph
        (A) not later than the date that 
 is 2 years after the applicable date of 
 incorporation of the Urban Corporation under 
 

section 16

    (e)

    (1) .
 ``
            (ii) Exception.--As the Secretary 
 determines to be necessary, the Secretary may 
 extend the 2-year deadline established by 
 clause
            (i) by not more than 1 year for any 
 individual parcel of land to allow for the 
 conclusion of any pending appeal of a public 
 easement decision for the applicable parcel 
 pursuant to 

section 17

    (b) , subject to the 
 requirement that the final conveyance of the 
 surface estate with respect to the applicable 
 parcel shall be completed as soon as 
 practicable after the date on which the appeal 
 is concluded.
 ``
            (D) Finalization of entitlement.--
 ``
            (i) In general.--The conveyances under 
 subparagraph
        (A) shall be considered to be the 
 full and final satisfaction of the entitlement 
 of the southeastern Alaska communities of 
 Haines, Ketchikan, Petersburg, Tenakee, and 
 Wrangell under this Act, notwithstanding 
 whether the surveyed acreage of the parcels of 
 land described in clauses
            (i) through
            (v) of 
 that subparagraph is less than or more than 
 23,040 acres in the case of each Urban 
 Corporation, subject to the requirement that 
 the surveyed acreage shall be not less than 
 23,020 acres and not more than 23,060 acres.
 ``
            (ii) Adjustments.--If the total surveyed 
 acreage of land conveyed to an Urban 
 Corporation under subparagraph
        (A) is less than 
 23,020 acres or more than 23,060 acres, the 
 Secretary, the Secretary of Agriculture, and 
 the Urban Corporation shall negotiate in good 
 faith to make a mutually agreeable adjustment 
 to the parcels of Federal land described in 
 clauses
            (i) through
            (v) of subparagraph
        (A) to 
 ensure that not less than and not more than 
 23,040 acres of land is conveyed to the Urban 
 Corporation.
 ``

    (2) Withdrawal.--
 ``
        (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) shall be--
 ``
        (A) considered to be land conveyed by the 
 Secretary under 

section 14

    (h)

    (3) ; and
 ``
        (B) 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) ).
 ``

    (4) Public easements.--
 ``
        (A) In general.--Subject to subparagraph
            (C) , the 
 conveyance and patents for the land under paragraph

    (1)
        (A) 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) 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) 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.
 ``

    (5) Hunting, fishing, recreation, and access.--
 ``
        (A) In general.--Any land conveyed under 
 paragraph

    (1)
        (A) , 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) ; 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) , except as 
 against the Urban Corporation for the 
 management of public access under subparagraph
        (A) .
 ``

    (6) Miscellaneous.--
 ``
        (A) Special use authorizations.--
 ``
            (i) In general.--On the conveyance of 
 land to an Urban Corporation under paragraph

    (1)
        (A) --
 ``
            (I) any guiding or outfitting 
 special use authorization issued by the 
 Forest Service for the use of the 
 conveyed land shall terminate; and
 ``
            (II) as a condition of the 
 conveyance and consistent with 

section 14

    (g) , the Urban Corporation shall 
 issue the holder of the special use 
 authorization terminated under 
 subclause
            (I) an authorization to 
 continue the authorized use, subject to 
 the terms and conditions that were in 
 the special use authorization issued by 
 the Forest Service, for--
 ``

    (aa) the remainder of the 
 term of the authorization; and
 ``

    (bb) 1 additional 
 consecutive 10-year renewal 
 period.
 ``
            (ii) Notice of commercial activities.--
 The Urban Corporation, and any holder of a 
 guiding or outfitting authorization under this 
 subparagraph, shall have a mutual obligation, 
 subject to the guiding or outfitting 
 authorization, to inform the other party of any 
 commercial activities prior to engaging in the 
 activities on the land conveyed to the Urban 
 Corporation under paragraph

    (1)
        (A) .
 ``
            (iii) Negotiation of new terms.--Nothing 
 in this paragraph precludes the Urban 
 Corporation and the holder of a guiding or 
 outfitting authorization from negotiating a new 
 mutually agreeable guiding or outfitting 
 authorization.
 ``
            (iv) Liability.--Neither the Urban 
 Corporation nor the United States shall bear 
 any liability, except for willful acts of the 
 Urban Corporation or the United States, 
 regarding the use and occupancy of any land 
 conveyed to the Urban Corporation under 
 paragraph

    (1)
        (A) , as provided in any outfitting 
 or guiding authorization under this paragraph.
 ``
        (B) Mutual use agreement for roads and 
 facilities.--
 ``
            (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) 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.
 ``
            (C) Effect on other laws.--
 ``
            (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).
 ``
            (ii) Statehood entitlement.--
 ``
            (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 clauses
            (i) through
            (v) of paragraph

    (1)
        (A) .
 ``
            (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.
 ``
            (D) Maps.--
 ``
            (i) Availability.--Each map referred to 
 in paragraph

    (1)
        (A) 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) .
 ``

    (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) .
 ``
            (c) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, 
and Appurtenances.--
 ``

    (1) In general.--The land conveyed to an Urban 
 Corporation under subsection

    (b)

    (1)
        (A) 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) 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) .
 ``

    (3) Continuation of agreements.--
 ``
        (A) In general.--On or before the date on which 
 land is conveyed to an Urban Corporation under 
 subsection

    (b)

    (1)
        (A) , the Secretary 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.
 ``
            (d) Settlement Trust.--
 ``

    (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.''.
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