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U.S. Code as of:
01/19/04
Section 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.
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