text: 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.
target: 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.
feat_title: To resolve certain conveyances and provide for alternative land selections under the Alaska Native Claims Settlement Act related to Cape Fox Corporation and Sealaska Corporation, and for other purposes.