§ 1629h. — Kake Tribal Corporation land transfer.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1629h]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1629h. Kake Tribal Corporation land transfer
(a) In general
If--
(1) the State of Alaska relinquishes its selection rights under
the Alaska Statehood Act (Public Law 85-508) to lands described in
subsection (c)(2) of this section; and
(2) Kake Tribal Corporation and Sealaska Corporation convey all
right, title, and interest to lands described in subsection (c)(1)
of this section to the City of Kake, Alaska,
then the Secretary of Agriculture (hereinafter referred to as
``Secretary'') shall, not later than 180 days thereafter, convey to Kake
Tribal Corporation title to the surface estate in the land identified in
subsection (c)(2) of this section, and convey to Sealaska Corporation
title to the subsurface estate in such land.
(b) Effect on selection totals
(1) Of the lands to which the State of Alaska relinquishes selection
rights and which are conveyed to the City of Kake pursuant to subsection
(a) of this section, 694.5 acres shall be charged against lands to be
selected by the State of Alaska under section 6(a) of the Alaska
Statehood Act and 694.5 acres against lands to be selected by the State
of Alaska under section 6(b) of the Alaska Statehood Act.
(2) The land conveyed to Kake Tribal Corporation and to Sealaska
Corporation under this section is, for all purposes, considered to be
land conveyed under this chapter. However, the conveyance of such land
to Kake Tribal Corporation shall not count against or otherwise affect
the Corporation's remaining entitlement under section 1615(b) of this
title.
(c) Lands subject to exchange
(1) The lands to be transferred to the City of Kake under subsection
(a) of this section are the surface and subsurface estate to
approximately 1,430 acres of land owned by Kake Tribal Corporation and
Sealaska Corporation, and depicted as ``KTC Land to City of Kake'' on
the map entitled ``Kake Land Exchange-2000'', dated May 2000.
(2) The lands subject to relinquishment by the State of Alaska and
to conveyance to Kake Tribal Corporation and Sealaska Corporation under
subsection (a) of this section are the surface and subsurface estate to
approximately 1,389 acres of Federal lands depicted as ``Jenny Creek-
Land Selected by the State of Alaska to KTC'' on the map entitled ``Kake
Land Exchange-2000'', dated May 2000.
(3) In addition to the transfers authorized under subsection (a) of
this section, the Secretary may acquire from Sealaska Corporation the
subsurface estate to approximately 1,127 acres of land depicted as ``KTC
Land-Conservation Easement to SEAL Trust'' on the map entitled ``Kake
Land Exchange-2000'', dated May 2000, through a land exchange for the
subsurface estate to approximately 1,168 acres of Federal land in
southeast Alaska that is under the administrative jurisdiction of the
Secretary. Any exchange under this paragraph shall be subject to the
mutual consent of the United States Forest Service and Sealaska
Corporation.
(d) Withdrawal
Subject to valid existing rights, the lands described in subsection
(c)(2) of this section are withdrawn from all forms of location, entry,
and selection under the mining and public land laws of the United States
and from leasing under the mineral and geothermal leasing laws. This
withdrawal expires 18 months after the effective date of this section.
(e) Maps
The maps referred to in this chapter shall be maintained on file in
the Office of the Chief, United States Forest Service, the Office of the
Secretary of the Interior, and the Office of the Petersburg Ranger
District, Alaska.
(f) Watershed management
The United States Forest Service may cooperate with Kake Tribal
Corporation and the City of Kake in developing a watershed management
plan that provides for the protection of the watershed in the public
interest. Grants may be made, and contracts and cooperative agreements
may be entered into, to the extent necessary to assist the City of Kake
and Kake Tribal Corporation in the preparation and implementation of a
watershed management plan for the land within the City of Kake's
municipal watershed.
(g) Effective date
This section is effective upon the execution of one or more
conservation easements that, subject to valid existing rights of third
parties--
(1) encumber all lands depicted as ``KTC Land to City of Kake''
and ``KTC Land-Conservation Easement to SEAL Trust'' on a map
entitled ``Kake Land Exchange-2000'' dated May 2000;
(2) provide for the relinquishment by Kake Tribal Corporation of
the Corporation's development rights on lands described in paragraph
(1); and
(3) provide for perpetual protection and management of lands
depicted as ``KTC Land to City of Kake'' and ``KTC Land-Conservation
Easement to SEAL Trust'' on the map described in paragraph (1) as--
(A) a watershed;
(B) a municipal drinking water source in accordance with the
laws of the State of Alaska;
(C) a source of fresh water for the Gunnuk Creek Hatchery;
and
(D) habitat for black bear, deer, birds, and other wildlife.
(h) Timber manufacturing; export restriction
Notwithstanding any other provision of law, timber harvested from
lands conveyed to Kake Tribal Corporation under this section shall not
be available for export as unprocessed logs from Alaska, nor may Kake
Tribal Corporation sell, trade, exchange, substitute, or otherwise
convey such timber to any person for the purpose of exporting that
timber from the State of Alaska.
(i) Authorization of appropriations
There are authorized such sums as may be necessary to carry out this
chapter, including to compensate Kake Tribal Corporation for
relinquishing its development rights pursuant to subsection (g)(2) of
this section and to provide assistance to Kake Tribal Corporation to
meet the requirements of subsection (h) of this section. No funds
authorized under this section may be paid to Kake Tribal Corporation
unless Kake Tribal Corporation is a party to the conservation easements
described in subsection (g) of this section.
(Pub. L. 92-203, Sec. 42, as added Pub. L. 106-283, Sec. 3, Oct. 6,
2000, 114 Stat. 867.)
References in Text
The Alaska Statehood Act, referred to in subsecs. (a)(1) and (b)(1),
is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is set
out as a note preceding section 21 of Title 48, Territories and Insular
Possessions. For complete classification of this Act to the Code, see
Tables.
The mining laws and the mineral leasing laws, referred to in subsec.
(d), are classified generally to Title 30, Mineral Lands and Mining.
The public land laws, referred to in subsec. (d), are classified
generally to this title.
The geothermal leasing laws, referred to in subsec. (d), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30,
Mineral Lands and Mining.
Declaration of Purpose
Pub. L. 106-283, Sec. 2, Oct. 6, 2000, 114 Stat. 867, provided that:
``The purpose of this Act [see Short Title of 2000 Amendment note set
out under section 1601 of this title] is to authorize the reallocation
of lands and selection rights between the State of Alaska, Kake Tribal
Corporation, and the City of Kake, Alaska, in order to provide for the
protection and management of the municipal watershed.''
