§1629h — Title 43 Public Lands | U.S. Code

Summary

If Alaska gives up its selection rights to about 1,389 acres of federal land shown on the May 2000 "Kake Land Exchange-2000" map, and Kake Tribal Corporation and Sealaska Corporation transfer about 1,430 acres (shown on that same map) to the City of Kake, then 694.5 acres will be counted against the State’s section 6(a) selections and 694.5 acres will be counted against its section 6(b) selections under the Alaska Statehood Act. The land transferred is treated as land conveyed under the federal law, but the transfer to Kake Tribal Corporation does not reduce its remaining land rights under section 1615(b). The Secretary may also trade subsurface rights: take about 1,127 acres of subsurface from Sealaska in exchange for about 1,168 acres of federal subsurface land in southeast Alaska, if the Forest Service and Sealaska agree. The 1,389-acre federal area is closed to mining claims and mineral leasing (except for existing rights) for 18 months after the law takes effect. Copies of the map will be kept on file with the Forest Service, the Interior office, and the Petersburg Ranger District. The Forest Service can help the City and Kake Tribal Corporation make and pay for a watershed plan. The whole arrangement only starts after conservation easements are put in place on the KTC lands and the SEAL Trust lands (per the May 2000 map), Kake Tribal Corporation gives up development rights on those lands, and the easements protect the lands forever as a watershed, municipal drinking water source under Alaska law, a water source for Gunnuk Creek Hatchery, and wildlife habitat. Money is authorized to carry this out, including payment to Kake Tribal Corporation for giving up its development rights, but no payment can be made to Kake Tribal Corporation unless it is a party to the required conservation easements.

Title 43, §1629h

Public Lands — Source: USLM XML via OLRC

(a)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) to the City of Kake, Alaska,

(b)(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), 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)(1)The lands to be transferred to the City of Kake under subsection (a) 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) 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), 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)Subject to valid existing rights, the lands described in subsection (c)(2) 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)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)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)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)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). 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).

Notes & Related Subsidiaries

Editorial Notes

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, 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.

Amendments

2019—Subsecs. (h), (i). Pub. L. 116–9 redesignated subsec. (i) as (h), struck out “and to provide assistance to Kake Tribal Corporation to meet the requirements of subsection (h)” after “pursuant to subsection (g)(2)”, and struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows: “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.”

Statutory Notes and Related Subsidiaries

Declaration of Purpose Pub. L. 106–283, § 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.”

§1629h Kake Tribal Corporation land transfer