article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Cape Fox Land Entitlement Adjustment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Cape Fox Corporation (Cape Fox) is an Alaska Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for the Native Village of Saxman. (2) As with other village corporations organized pursuant to the Alaska Native Claims Settlement Act in southeast Alaska, Cape Fox was limited to selecting 23,040 acres under section 16 of the Alaska Native Claims Settlement Act. (3) Except for Cape Fox, all other village corporations organized pursuant to the Alaska Native Claims Settlement Act in southeast Alaska were restricted from selecting land within two miles of a home rule city. (4) To protect the watersheds in the vicinity of Ketchikan, Cape Fox was restricted from selecting land within six miles of the boundary of the home rule City of Ketchikan under section 22(l) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(l)). (5) The six mile restriction damaged Cape Fox by precluding the corporation from selecting valuable timber land, industrial sites, and other commercial property, not only in its core township but in surrounding land far removed from Ketchikan and its watershed. (6) As a result of the six mile restriction, only the remote mountainous northeast corner of Cape Fox's core township, which is nonproductive and of no known economic value, was available for selection by the corporation. Selection of this parcel was, however, mandated by section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)). (7) Cape Fox's land selections were further limited by the fact that the Annette Island Indian Reservation is within its selection area, and those lands were unavailable for selection under the Alaska Native Claims Settlement Act. Cape Fox is the only village corporation organized pursuant to the Alaska Native Claims Settlement Act affected by this restriction. (8) Adjustment of Cape Fox's selections and conveyances of land under the Alaska Native Claims Settlement Act requires adjustment of Sealaska Corporation's (Sealaska) selections and conveyances to avoid creation of additional split estate between National Forest System surface land and Sealaska subsurface land. (9) There is an additional need to resolve existing areas of Sealaska/Tongass split estate, in which Sealaska holds title or conveyance rights to several thousand acres of subsurface land that encumber management of Tongass National Forest surface land. (10) The Tongass National Forest land identified in this Act for selection by and conveyance to Cape Fox and Sealaska, subject to valid existing rights, provides a means to resolve some of the Cape Fox and Sealaska Alaska Native Claims Settlement Act land entitlement issues without significantly affecting Tongass National Forest resources, uses, or values. (11) Adjustment of Cape Fox's selections and conveyances of land under the Alaska Native Claims Settlement Act through the provisions of this Act, and the related adjustment of Sealaska's selections and conveyances hereunder, are in accordance with the purposes of the Alaska Native Claims Settlement Act and otherwise in the public interest. SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND. Notwithstanding section 16(b) of the Alaska Native Claims Settlement Act (43 U.S. C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of the approximately 160 acres of Federal unconveyed land within section 1, T. 75 S., R. 91 E., C.R.M. SEC. 4. SELECTION AND CONVEYANCE OUTSIDE EXTERIOR SELECTION BOUNDARY. (a) Selection of Surface Estate.-- (1) In general.--In addition to land made available for selection under the Alaska Native Claims Settlement Act, not later than 2 years after the date of the enactment of this Act, Cape Fox may select the approximately 99 acres of the surface estate of Tongass National Forest land outside Cape Fox's current exterior selection boundary described in paragraph (2). (2) Land description.--The land referred to in paragraph (a) is described as follows: T. 73 S., R. 90 E., C.R.M. Section 33: SW portion of SE 1/4: 38 acres. Section 33: NW portion of SE 1/4: 13 acres. Section 33: SE 1/4 of SE 1/4: 40 acres. Section 33: SE 1/4 of SW 1/4: 8 acres. (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox of the surface estate to the land described in subsection (a)(2), the Secretary of the Interior shall convey to Sealaska the subsurface estate to that land. (c) Timing.--The Secretary of the Interior shall complete the conveyances to Cape Fox and Sealaska under this section not later than 180 days after the Secretary of the Interior receives written notice of the Cape Fox selection under subsection (a). SEC. 5. EXCHANGE OF LAND BETWEEN CAPE FOX AND THE TONGASS NATIONAL FOREST. (a) In General.--The Secretary of Agriculture shall offer, and if accepted by Cape Fox shall exchange, the Federal land described in subsection (b) for land and interests therein identified by Cape Fox under subsection (c) and, to the extent necessary, land and interests therein identified under subsection (d). (b) Land To Be Exchanged to Cape Fox.--The land to be offered to Cape Fox is Tongass National Forest land comprising approximately 2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map entitled ``Proposed Kensington Project Land Exchange'', dated March 18, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (c) Land To Be Exchanged to the United States.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, Cape Fox may identify, in writing to the Secretary of Agriculture and the Secretary of the Interior, the land and interests in land that Cape Fox proposes to exchange for the Federal land described in subsection (b). The land and interests in land shall be identified from land previously conveyed to Cape Fox comprising approximately 2,900 acres and designated as parcels A-1 to A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA Land Exchange Proposal,'' dated March 15, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (2) Conditions for parcels.--Land identified for exchange within each parcel shall abut National Forest System land and be in reasonably compact tracts. (3) Easement.--The land identified for exchange shall includes a public trail easement designated as ``D'' on the map described in paragraph (1), unless the Secretary of Agriculture agrees otherwise. The value of the easement shall be included in determining the total value of land conveyed to the United States. (d) Valuation of Exchange land.--The Secretary of Agriculture shall determine whether the land identified by Cape Fox under subsection (c) is equal in value to the land described in subsection (b). If the land identified under subsection (c) is determined to have insufficient value to equal the value of the land described in subsection (b), Cape Fox and the Secretary shall mutually identify additional Cape Fox land for exchange sufficient to equalize the value of land conveyed to Cape Fox. Such land shall be contiguous to adjacent National Forest System land and in reasonably compact tracts. (e) Conditions.--Notwithstanding section 14(f) of the Alaska Native Claims Settlement Act, the offer and conveyance of Federal land to Cape Fox in the exchange shall be of the surface and subsurface estate. Such offer and conveyance shall be subject to valid existing rights and all provisions of section 14(g) of such Act. (f) Timing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall attempt to enter into an agreement with Cape Fox to consummate the exchange consistent with this Act. The land identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is signed. Subject only to conveyance from Cape Fox to the United States of all its right, title, and interest in the Cape Fox land included in the exchange consistent with this Act, the Secretary of the Interior shall complete the interim conveyance to Cape Fox of the Federal land included in the exchange not later than 180 days after the execution of the exchange agreement by Cape Fox and the Secretary of Agriculture. SEC. 6. EXCHANGE OF LAND BETWEEN SEALASKA AND THE TONGASS NATIONAL FOREST. (a) In General.--Upon conveyance of the Cape Fox land included in the exchange under section 5 and conveyance and relinquishment by Sealaska, in accordance with this Act, of the land and interests in land described in subsection (c), the Secretary of the Interior shall convey to Sealaska the Federal land identified for exchange under subsection (b). (b) Land To Be Exchanged to Sealaska.-- (1) Selection area.--The land to be exchanged to Sealaska is to be selected by Sealaska from Tongass National Forest land comprising approximately 9,329 acres in T. 36 S., R. 62 E., C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M., as designated upon a map entitled ``Proposed Sealaska Corporation Land Exchange Kensington Lands Selection Area'', dated April, 2002 and available for inspection in the Forest Service Region 10 Regional Office in Juneau, Alaska. (2) Notice of land selection.--Not later than 60 days after receiving notice of the identification by Cape Fox of the exchange land under section 5(c), Sealaska may identify, in writing to the Secretaries of Agriculture and the Interior, the land that Sealaska selects to receive in exchange for the Sealaska land described in subsection (c). (3) Conditions.--Land selected by Sealaska shall be in no more than 2 contiguous and reasonably compact tracts that abut the land described for exchange to Cape Fox in section 5(b). The exchange conveyance to Sealaska shall be of the surface and subsurface estate in the land selected and agreed to by the Secretary but subject to valid existing rights and all other provisions of section 14(g) of the Alaska Native Claims Settlement Act. (4) Equal value.--The Secretary of Agriculture shall determine whether the selected land is equal in value to the land described in subsection (c) and may adjust the amount of selected land in order to reach agreement with Sealaska regarding equal value. (c) Land To Be Exchanged to the United States.--The land and interests therein to be exchanged by Sealaska is-- (1) the subsurface estate underlying the Cape Fox exchange land described in section 5(c); (2) an additional approximately 2,506 acres of the subsurface estate underlying Tongass National Forest surface estate, described in Interim Conveyance No. 1673; and (3) rights to an additional approximately 2,698 acres of subsurface estate of Tongass National Forest land remaining to be conveyed to Sealaska from Group 1, 2, and 3 land as set forth in the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement of November 26, 1991, at Schedule B, as modified on January 20, 1995. (d) Timing.--The Secretary of Agriculture shall attempt, not later than 90 days after receipt of the selection of land by Sealaska under subsection (b), to enter into an agreement with Sealaska to consummate the exchange consistent with this Act. The land identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is executed. Subject only to the Cape Fox and Sealaska conveyances and relinquishments described in subsection (a), the Secretary of the Interior shall complete the interim conveyance to Sealaska of the Federal land selected for exchange not later than 180 days after execution of the agreement by Sealaska and the Secretary of Agriculture. (e) Modification of Agreement.--The executed exchange agreement under this section shall be considered a further modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement, as ratified in section 17 of Public Law 102-415 (October 14, 1992). SEC. 7. MISCELLANEOUS PROVISIONS. (a) Equal Value Requirement.--The exchanges described in this Act shall be of equal value. Cape Fox and Sealaska shall have the opportunity to present to the Secretary of Agriculture estimates of value of exchange land with supporting information. (b) Title.--Cape Fox and Sealaska shall convey and provide evidence of title satisfactory to the Secretary of Agriculture for their respective lands to be conveyed to the United States under this Act, subject only to exceptions, reservations, and encumbrances in the interim conveyance or patent from the United States or otherwise acceptable to the Secretary of Agriculture. (c) Hazardous Substances.--Cape Fox, Sealaska, and the United States each shall not be subject to liability for the presence of any hazardous substance in land or interests in land solely as a result of any conveyance or transfer of the land or interests therein under this Act. (d) Effect on ANCSA Selections.--Any conveyance of Federal surface or subsurface land to Cape Fox or Sealaska under this Act shall be considered, for all purposes, land conveyed pursuant to the Alaska Native Claims Settlement Act. Nothing in this Act shall be construed to change the total acreage of land entitlement of Cape Fox or Sealaska under the Alaska Native Claims Settlement Act. Cape Fox and Sealaska shall remain charged for any land they exchange under this Act and any land conveyed pursuant to section 4, but shall not be charged for any land received under sections 5 or 6. The exchanges described in this Act shall be considered, for all purposes, actions which lead to the issuance of conveyances to Native Corporations pursuant to the Alaska Native Claims Settlement Act. Land or interests therein transferred to the United States under this Act shall become and be administered as part of the Tongass National Forest. (e) Effect on Statehood Selections.--Land conveyed to or selected by the State of Alaska under the Alaska Statehood Act (Public Law 85- 508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for selection or conveyance under this Act without the consent of the State of Alaska. (f) Maps.--The maps referred to in this Act shall be maintained on file in the Forest Service Region 10 Regional Office in Juneau, Alaska. The acreages cited in this Act are approximate, and if there is any discrepancy between cited acreage and the land depicted on the specified maps, the maps shall control. The maps do not constitute an attempt by the United States to convey State or private land. (g) Easements.--Notwithstanding section 17(b) of the Alaska Native Claims Settlement Act, Federal land conveyed to Cape Fox or Sealaska pursuant to this Act shall be subject only to the reservation of public easements mutually agreed to and set forth in the exchange agreements executed under this Act. The easements shall include easements necessary for access across the land conveyed under this Act for use of national forest or other public land. (h) Old Growth Reserves.--The Secretary of Agriculture shall add an equal number of acres to old growth reserves on the Tongass National Forest as are transferred out of Federal ownership as a result of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATION. (a) Department of Agriculture.--There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary for-- (1) value estimation and related costs of exchanging land specified in this Act; and (2) road rehabilitation and habitat and timber stand improvement (including thinning and pruning) on land acquired by the United States under this Act. (b) Department of the Interior.--There are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for land surveys and conveyances pursuant to this Act.
summary: Cape Fox Land Entitlement Adjustment Act - Provides that Cape Fox Corporation shall not be required under the Alaska Native Claims Settlement Act (ANCSA) to select or receive conveyance of 160 nonproductive acres. Permits Cape Fox to select and the Secretary of the Interior to convey 99 acres of the surface estate of Tongass National Forest lands outside Cape Fox's current exterior selection boundary. Directs the Secretary to convey the subsurface estate to those lands to Sealaska Corporation.Directs the Secretary of Agriculture to offer and, if accepted by Cape Fox, to exchange specified Tongass National Forest lands for lands and interests identified by Cape Fox from specified lands previously conveyed to it. States that the Cape Fox land conveyed to the Federal Government shall include a public trail easement unless the Secretary of Agriculture agrees otherwise.Requires the Secretary of the Interior, upon conveyance by Cape Fox of such lands and conveyance and relinquishment by Sealaska of the subsurface estate underlying those lands and other specified Tongass National Forest lands, to convey to Sealaska Tongass National Forest lands selected by Sealaska from a specified area. Requires: (1) such exchange to be considered a modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement; and (2) conveyances under this Act by the Federal Government to be considered to be conveyances pursuant to ANCSA.Subjects Federal lands conveyed to Cape Fox and Sealaska under this Act to reservations of public easements only as mutually agreed to in the relevant exchange agreements, with such easements to be for access across the lands conveyed for use of national forests or other public land.