[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3617 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3617
To provide equitable treatment for the people of the Village
Corporation established for the Native Village of Saxman, Alaska, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 18, 2024
Ms. Murkowski (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide equitable treatment for the people of the Village
Corporation established for the Native Village of Saxman, Alaska, 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 ``Cape Fox Land Entitlement
Finalization Act of 2024''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Cape Fox Corporation is a Village Corporation for
the Native Village of Saxman, Alaska, organized pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(2) similar to other Village Corporations in southeast
Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox
could select only 23,040 acres from land withdrawn for the
purpose of that selection;
(3) under section 22(l) of that Act (43 U.S.C. 1621(l))--
(A) the Village Corporations in southeast Alaska,
other than Cape Fox, were restricted with respect to
the selection of land within 2 miles of a home rule
city (as that term is used in that Act); and
(B) to protect the watersheds in the vicinity, Cape
Fox was restricted with respect to the selection of
land within 6 miles of the boundary of the home rule
city of Ketchikan, Alaska;
(4) the 6-mile restriction described in paragraph (3)(B)
precluded Cape Fox from selecting valuable land, industrial
sites, and other commercial property located--
(A) within the townships in which the Native
Village of Saxman is located, more particularly
described as T.75 S., T.76 S., R.91 E., Copper River
Meridian; and
(B) on surrounding land that is far removed from
Ketchikan, Alaska, and its watersheds;
(5) as a result of the restriction described in paragraph
(3)(B), only the remote, mountainous, northeast corner of the
property described in paragraph (4)(A), which is nonproductive
and has no known economic value, was available for selection by
Cape Fox, as required under section 16(b) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1615(b));
(6) land selections by Cape Fox under that Act were further
limited by the fact that--
(A) the Annette Island Indian Reservation is
located within the applicable selection area; and
(B) land of that Reservation is unavailable for
selection by Cape Fox;
(7) Cape Fox is the only Village Corporation affected by
the restrictions described in paragraphs (3)(B) and (6); and
(8) the Secretary has advised Congress that the predicament
of Cape Fox is sufficiently unique to warrant the legislative
remedy provided by this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cape fox.--The term ``Cape Fox'' means the Cape Fox
Village Corporation, a Village Corporation for the Native
Village of Saxman, Alaska, organized pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(2) Federal land.--The term ``Federal land'' means the
approximately 180 acres of surface land within the Tongass
National Forest in the State of Alaska, as generally depicted
on the Map.
(3) Map.--The term ``Map'' means the map entitled ``Cape
Fox Village Corporation Final Selection'' and dated December
18, 2023.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.
(a) In General.--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 185 acres
of unconveyed land described in subsection (b) located within the
township in which the Native Village of Saxman, Alaska, is located.
(b) Land Described.--The land referred to in subsection (a) is as
follows:
(1) Approximately 40 acres in T. 74 S., R.90 E., sec. 10,
SWNE, Copper River Meridian.
(2) Approximately 144.57 acres in T.75 S., R.91 E., sec. 1,
lots 1, 3, and 4, Copper River Meridian.
SEC. 5. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.
(a) Selection and Conveyance of Surface Estate.--Not later than 90
days after the date of enactment of this Act, if Cape Fox submits to
the Secretary a written notice of selection of the Federal land, the
Secretary shall, on receiving that written notice, convey the Federal
land to Cape Fox.
(b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of
the surface estate to the Federal land under subsection (a), the
Secretary shall convey to Sealaska Corporation the subsurface estate to
that Federal land.
(c) Timing.--It is the intent of Congress that the Secretary
complete the conveyances to Cape Fox and Sealaska Corporation under
subsections (a) and (b), respectively, as soon as practicable after the
date on which the Secretary receives a written notice of the selection
of Cape Fox under subsection (a), but not later than 180 days after the
date on which the Secretary receives that written notice.
(d) Entitlement Fulfilled.--The conveyance of Federal land to Cape
Fox and the subsurface interest in the Federal land to Sealaska
Corporation under subsections (a) and (b), respectively, shall be
considered to fulfill the entitlement of--
(1) Cape Fox under section 16 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1615); and
(2) Sealaska Corporation to any subsurface interest in the
Federal land under section 14(f) of that Act (43 U.S.C.
1613(f)).
<all>