[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4310 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4310
To exchange non-Federal land held by the Chugach Alaska Corporation for
certain Federal Land in the Chugach Region, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 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 exchange non-Federal land held by the Chugach Alaska Corporation for
certain Federal Land in the Chugach Region, 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 ``Chugach Alaska Land Exchange Oil
Spill Recovery Act of 2024''.
SEC. 2. PURPOSE; FINDINGS.
(a) Purpose.--The purposes of this Act are--
(1) to authorize, direct, and expedite the exchange of land
and interests in land between Chugach Alaska and the United
States; and
(2) to consolidate Federal ownership of the surface and
subsurface estate of Federal land and interests acquired under
the Program.
(b) Findings.--Congress finds that--
(1) on March 24, 1989, the oil tanker Exxon Valdez ran
aground in Prince William Sound, Alaska, spilling 11,000,000
gallons of crude oil, spreading in the months that followed and
covering approximately 1,300 miles of coastline, with immense
impact for fish and wildlife and their habitats, and for local
industries and communities;
(2) civil settlement funds of $900,000,000 paid by Exxon to
the United States and the State of Alaska were used to
establish the Exxon Valdez Oil Spill Trustee Council (referred
to in this section as ``EVOSTC'') and to develop the Program;
(3) through the Program, the EVOSTC dedicated nearly 60
percent of the funds to acquire fee title of, and conservation
easements on, the surface estate of more than 600,000 acres in
the area impacted by the oil spill, including 241,000 acres of
surface estate land and conservation easements in the Chugach
Region, giving the United States ownership of, and conservation
easements on, 241,000 acres of formerly Native-owned land
within the Chugach Region;
(4) the conflict described in the Chugach Region Land Study
Report and in this Act occurred when surface estate was
purchased by the EVOSTC for conservation purposes while
development rights remained for the subsurface (dominant
estate) owned by Chugach Alaska, which shall be resolved by
Chugach Alaska trading 231,036 acres of subsurface estate under
surface fee and conservation easements on surface land owned by
the Federal Government for 65,403 acres of fee simple land
owned by the Federal Government;
(5) most of the surface land and conservation easements on
surface land in the Chugach Region described in paragraph (3)
that were acquired by the EVOSTC were purchased from 4 Alaska
Native Village Corporations--
(A) Chenega Corporation;
(B) the English Bay (Nanwalek Corporation);
(C) the Eyak Corporation; and
(D) the Tatitlek Corporation;
(6) in accordance with section 14 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613), when a Village
Corporation selects and receives title to the surface estate to
fulfill its land entitlement, the Regional Corporation receives
title to the subsurface, resulting in split ownership between
Alaska Native entities from the same region;
(7) Chugach Alaska holds the dominant subsurface estate to
approximately 241,000 acres of surface land acquired by the
EVOSTC from the Village Corporations under paragraph (5) that
is protected under the Program;
(8) none of the acquisitions described in paragraph (5) by
the EVOSTC included the subsurface interests owned by Chugach
Alaska, despite awareness by the EVOSTC of the provisions in
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) creating split ownership and the existing right of the
subsurface owner to use the surface if it constitutes
reasonable use in the development of subsurface resources;
(9) due to the split estate ownership described in
paragraph (8), which became a split between Chugach Alaska and
the Federal Government, there is a clear conflict with the
preservation goal of the Program and the responsibility of
Chugach Alaska, on behalf of the Alaska Native shareholders of
Chugach Alaska, to develop the subsurface estate under the
land;
(10) recognizing the conflicts between the mandates in the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) on
Native Corporations and the goals of the Program, and the
significant social and economic impact of the Program on the
region and on Chugach Alaska and the land held by Chugach
Alaska, Congress directed, in section 1113 of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act
(Public Law 116-9; 133 Stat. 614), that the Bureau of Land
Management conduct a study and identify accessible and
economically viable Federal land that could be exchanged with
Chugach Alaska, and to recommend exchange options that would
consolidate ownership of the surface and subsurface estates of
land in the Program;
(11) the Bureau of Land Management submitted the Chugach
Region Land Study Report to Congress in December 2022, over a
year after the 18-month deadline;
(12) in the Chugach Region Land Study Report, the Bureau of
Land Management explained that the Program acquisitions have
greatly increased the complexity and the costs of any
development by Chugach Alaska of its subsurface interests,
significantly reduced Native-owned land and Native control over
management of land in the region, and, along with the larger
oil spill cleanup effort, highly disrupted the socio-cultural
environment and economies in the Alaska Native communities in
the region;
(13) the Chugach Region Land Study Report identifies land
available for exchange from both the Federal Government and
Chugach Alaska to inform a land exchange to address the impact
of the Program on Chugach Alaska and the ability of Chugach
Alaska to meet its responsibilities to its Native shareholders
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.);
(14) the land exchange between Chugach Alaska and the
Federal Government in this Act--
(A) furthers objectives under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.),
including balancing land selections between areas that
are significant in cultural history and traditions and
areas that have potential economic value for
development; and
(B) facilitates more efficient Federal land
management of the Program by Federal acquisition of
nearly 231,000 acres of subsurface estate that
underlies federally owned surface fee and conservation
easements to perfect conservation of the surface, which
is the purpose of the Program; and
(15) the land exchange in this Act, based on the findings
in this section, is in the public interest.
SEC. 3. DEFINITIONS.
In this Act:
(1) ANSCA terms.--The terms ``Native Corporation'',
``Regional Corporation'', and ``Village Corporation'' have the
meanings given those terms in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602).
(2) Chugach alaska.--The term ``Chugach Alaska'' means the
Chugach Alaska Corporation, a Regional Corporation.
(3) Chugach region land study report.--The term ``Chugach
Region Land Study Report'' means the report and recommendations
submitted to Congress by the Secretary pursuant to section 1113
of the John D. Dingell, Jr. Conservation, Management, and
Recreation Act (Public Law 116-9; 133 Stat. 614).
(4) Federal exchange land.--The term ``Federal exchange
land'' means the approximately 65,403 acres of fee simple land
located in the Chugach Region as described in section 4(e).
(5) Non-federal land.--The term ``non-Federal land'' means
the parcels of subsurface land comprising approximately 231,000
acres--
(A) owned by Chugach Alaska and conveyed to Chugach
Alaska pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.);
(B) described in section 4(f); and
(C) for which--
(i) the United States has acquired fee
title to the surface estate or a conservation
easement on the surface estate pursuant to the
Program; or
(ii) the State has acquired fee title to,
and the United States has acquired a
conservation easement in, the surface estate
pursuant to the Program.
(6) Program.--The term ``Program'' means the Exxon Valdez
Oil Spill Habitat Protection and Acquisition Program of the
Exxon Valdez Oil Spill Trustee Council.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of Alaska.
SEC. 4. LAND EXCHANGE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, if Chugach Alaska offers to convey to the Secretary all
rights, title, and interest in and to the non-Federal land, the
Secretary shall accept the offer and convey in exchange all rights,
title, and interest of the Federal Government in and to the Federal
exchange land.
(b) Condition on Acceptance.--Title to the non-Federal land
exchanged in subsection (a) shall be in a form that is acceptable to
the Secretary.
(c) Treatment of Land Conveyed.--Except as otherwise provided, any
land conveyed to Chugach Alaska under subsection (a) shall be
considered to be land conveyed by the Secretary under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
(d) Valid Existing Rights.--The conveyances under subsection (a)
shall be subject to any valid existing rights, reservations, rights-of-
way, or other encumbrances of third parties in, to, or on the Federal
exchange land or the non-Federal land as of the date of enactment of
this Act.
(e) Conveyance of Federal Exchange Land.--On receipt of title to
the non-Federal land, the Secretary shall simultaneously convey to
Chugach Alaska--
(1) all rights, title, and interest in and to the National
Forest System land of the Forest Service identified in the
Chugach Regional Land Study and Report, comprising
approximately 63,443 total acres, comprising--
(A) T. 3 N., R. 10 E., Seward Meridian, Drier Bay
Parcel, comprising approximately 2,996 acres of surface
estate;
(B) T. 17 and 18 S., R. 7 and 8 E., Copper River
Meridian, Kushtaka Lake Parcel, comprising
approximately 7,876 acres of surface and subsurface
estate;
(C) T. 2 N., R. 1 and 2 E., Seward Meridian, Snow
River Parcel, comprising approximately 11,462 acres of
surface and subsurface estate;
(D) T. 17 and 18 S., R. 8 W., Copper River
Meridian, Hinchinbrook Island Parcel, comprising
approximately 2,646 acres of surface and subsurface
estate;
(E) T. 17 S., R. 7 E., secs. 5, 8, 18, 19, and 30
through 33, Copper River Meridian, Kushtaka Lake
Parcel, comprising approximately 6,375 acres of surface
and subsurface estate;
(F) T. 18 S., R. 7 E., secs. 6 and 7, Copper River
Meridian, Kushtaka Lake Parcel, comprising
approximately 1,280 acres of surface and subsurface
estate;
(G) T. 16 S., R. 5 E., secs. 24 through 26 and 36,
Copper River Meridian, Martin River Parcel, comprising
approximately 2,240 acres of surface and subsurface
estate;
(H) T. 16, S., R. 6 E., secs. 16, 19 through 21,
and 25 through 36, Copper River Meridian, Martin River
Parcel, comprising approximately 8,305 acres of surface
and subsurface estate;
(I) T. 17 S., R. 6 E., secs. 1 through 4, and 10,
Copper River Meridian, Martin River Parcel, comprising
approximately 3,170 acres of surface and subsurface
estate;
(J) T. 16 S., R. 4 E., secs. 1 through 4, 9 through
13, and 24, Copper River Meridian, Johnson River
Parcel, comprising approximately 5,200 acres of surface
and subsurface estate;
(K) T. 16 S., R. 5 E., secs. 5 through 9, and 15
through 22, Copper River Meridian, Johnson River
Parcel, comprising approximately 6,165 acres of surface
and subsurface estate; and
(L) T. 19 S., R. 15 E., secs. 12 through 14, 23,
24, 26, 27, 33, and 34, Copper River Meridian, Robinson
Mountains Parcel, comprising approximately 5,728 acres
of surface and subsurface estate; and
(2) all rights, title, and interest in and to the Federal
land administered by the Bureau of Land Management and National
Park Service identified in the Chugach Regional Land Study and
Report, comprising approximately 1,960 total acres,
comprising--
(A) T. 21 S., R. 24 E., Copper River Meridian, Taan
Fjord Parcel, comprising approximately 450 acres of
surface and subsurface estate;
(B) T. 21 and 22 S., R. 24 E., Copper River
Meridian, Kageet Point Parcel, comprising approximately
310 acres of surface and subsurface estate; and
(C) T. 9 S., R. 2 W., secs. 5 and 6, Copper River
Meridian, Thompson Pass Parcel, comprising 1,200 acres
of surface and subsurface estate.
(f) Conveyance of Non-Federal Land.--
(1) Conveyance.--The non-Federal land to which Chugach
Alaska may convey to the Secretary all rights, title, and
interest, that the Secretary determines to be applicable,
includes--
(A) the approximately 130,469.93 subsurface acres,
which comprises--
(i) T. 13 S., R. 1 W., sec. 19, Copper
River Meridian, comprising approximately 467
acres;
(ii) T. 13 S., R. 2 W., secs. 23 through
27, Copper River Meridian, comprising
approximately 2,627 acres;
(iii) T. 15 S., R. 2 W., secs. 3 through 9,
17 through 19, and 29 through 33, Copper River
Meridian, comprising approximately 8,277.36
acres;
(iv) T. 16 S., R. 2 W., secs. 1 through 4,
and 6, Copper River Meridian, comprising
approximately 2,373.34 acres;
(v) T. 14 S., R. 3 W., secs. 32 and 33,
Copper River Meridian, comprising approximately
240 acres;
(vi) T. 15 S., R. 3 W., secs. 3 through 7,
portions of secs. 8 and 9, and secs. 12, 13,
18, 19, 24, 25, 35, and 36, Copper River
Meridian, comprising approximately 3,486.36
acres;
(vii) T. 16 S., R. 3 W., secs. 1, 11, and
15, Copper River Meridian, comprising
approximately 962 acres;
(viii) T. 13 S., R. 4 W., secs. 26, 27, and
32 through 34, Copper River Meridian,
comprising approximately 2,494.05 acres;
(ix) T. 14 S., R. 4 W., secs. 1 through 11,
15 through 21, 25, 30, and 31, Copper River
Meridian, comprising approximately 6,750.98
acres;
(x) T. 15 S., R. 4 W., secs. 8 through 12,
16 through 22, and 24, Copper River Meridian,
comprising approximately 5,839.15 acres;
(xi) T. 13 S., R. 5 W., secs. 3, 9 through
11, 14 through 20, a portion of sec. 21, and
secs. 31 and 36, Copper River Meridian,
comprising approximately 4,216.36 acres;
(xii) T. 14 S., R. 5 W., sec. 1, a portion
of sec. 2, secs. 6 through 12, 14 through 21,
29, and 30, Copper River Meridian, comprising
approximately 9,057.6 acres;
(xiii) T. 15 S., R. 5 W., secs. 23 and 24,
Copper River Meridian, comprising approximately
292.97 acres;
(xiv) T. 12 S., R. 6 W., secs. 11, 13, 14,
23, and 24, Copper River Meridian, comprising
approximately 1,980.69 acres;
(xv) T. 12 S., R. 7 W., secs. 32, 34, 35,
and 36, Copper River Meridian, comprising
approximately 343 acres;
(xvi) T. 13 S., R. 7 W., secs. 1 through
22, 24, 25, and 27 through 36, Copper River
Meridian, comprising approximately 17,234.88
acres;
(xvii) T. 14 S., R. 7 W., secs. 2, 3, and
6, Copper River Meridian, comprising
approximately 203 acres;