Cape Fox Land Entitlement Finalization Act of 2025

This legislation resolves outstanding land entitlement obligations under the Alaska Native Claims Settlement Act for the Cape Fox Village Corporation and Sealaska Corporation. The bill addresses approximately 185 acres of unconveyed land entitlements by authorizing the conveyance of approximately 180 acres of surface estate within the Tongass National Forest to Cape Fox, with concurrent transfer of subsurface rights to Sealaska Corporation. The legislation provides flexibility in land selection by waiving the requirement that Cape Fox select land within the core township near the Native Village of Saxman, instead allowing selection from specified parcels that better serve the corporation's needs while preserving public access to National Forest lands. This targeted approach finalizes decades-old land claims while balancing Native corporation interests with federal land management objectives and public access rights.

The bill contains three primary operative mechanisms that modify existing Alaska Native Claims Settlement Act obligations. Section 3(a) waives the requirement for Cape Fox Village Corporation to select or receive approximately 185 acres of unconveyed land within the core township of Saxman, Alaska, providing relief from geographic constraints that have prevented fulfillment of land entitlements. Section 3(b) identifies two specific alternative parcels totaling approximately 184.57 acres: a 40-acre parcel in Township 74 South, Range 90 East, Section 10, and a 144.57-acre parcel in Township 75 South, Range 91 East, Section 1, both referenced to the Copper River Meridian. Section 4 establishes the conveyance framework, requiring the Secretary of the Interior to transfer approximately 180 acres of surface estate within the Tongass National Forest to Cape Fox upon receipt of written selection notice, with simultaneous conveyance of the subsurface estate to Sealaska Corporation. The legislation explicitly declares that these conveyances fulfill the land entitlement obligations for both corporations under the Alaska Native Claims Settlement Act. Section 5 reserves a public access easement to ensure continued access from George Inlet on Revillagigedo Island to National Forest System lands.

The Secretary of the Interior bears primary responsibility for implementing this legislation through the Bureau of Land Management and the Forest Service, given the land's location within the Tongass National Forest. Upon enactment, Cape Fox Village Corporation has 90 days to submit written notice selecting the land parcels described in the legislation. The Secretary then has 180 days from receipt of that notice to complete all conveyance actions, including the surface estate transfer to Cape Fox and the subsurface estate transfer to Sealaska Corporation. The implementation process requires coordination between multiple Interior Department components to conduct surveys, prepare legal descriptions consistent with the December 18, 2023 reference map, execute conveyance documents, and record the public access easement. No additional appropriations are authorized, as the conveyances fulfill existing legal obligations under the Alaska Native Claims Settlement Act. The legislation does not establish reporting requirements or ongoing compliance measures beyond the initial conveyance actions, as the transfers represent final satisfaction of statutory entitlements.

The primary beneficiaries are Cape Fox Village Corporation, which receives surface rights to approximately 180 acres enabling economic development and resource management, and Sealaska Corporation, which receives subsurface mineral rights providing potential revenue from resource extraction. The Native Village of Saxman benefits indirectly through the resolution of long-standing land claims affecting its regional Native corporation. The federal government benefits by fulfilling outstanding legal obligations and reducing potential litigation exposure. Public recreationists and resource users retain access to National Forest lands through the reserved easement from George Inlet. The legislation imposes minimal administrative burden on federal agencies, as it involves a one-time land transfer rather than ongoing program management. Cost estimates are not specified in the bill, but expenses are limited to survey, conveyance preparation, and recording costs that fall within existing agency appropriations for Alaska Native land transfers. The conveyances are permanent with no sunset provisions, representing final satisfaction of ANCSA entitlements that eliminate future claims by these corporations for the specified acreage.

The legislation operates under Congress's plenary authority over federal lands derived from the Property Clause of the United States Constitution, Article IV, Section 3, Clause 2, which grants Congress power to dispose of and regulate federal property. The statutory foundation rests on the Alaska Native Claims Settlement Act of 1971, which established a comprehensive framework for resolving aboriginal land claims in Alaska through corporate land entitlements. This bill specifically invokes and modifies provisions in ANCSA Sections 12(f), 14(f), 16(b), and 17(b) governing land selection procedures, conveyance requirements, and easement reservations. The legislation preempts state and local land use authority over the conveyance process itself, as federal law governs the transfer of federal lands to Native corporations. Once conveyed, the lands become subject to state property law and local regulation, though subsurface rights held by Sealaska Corporation may implicate federal mineral leasing regulations if development occurs. The bill does not contain explicit judicial review provisions, but administrative actions by the Secretary would be subject to review under the Administrative Procedure Act for arbitrary and capricious conduct. The reserved public access easement creates an enforceable property interest that could be litigated in federal court if access is improperly restricted.

The legislation presents minimal constitutional concerns, as Congress possesses clear authority to dispose of federal lands and fulfill treaty and statutory obligations to Alaska Natives. Implementation challenges center on the compressed timeline requiring the Secretary to complete complex land surveys, legal descriptions, and conveyance documents within 180 days, which may prove difficult given the remote location and technical requirements for accurate boundary determination in forested terrain. The December 18, 2023 reference map must be sufficiently detailed to support legal conveyance descriptions, and any ambiguities could delay implementation or trigger disputes. The public access easement language is relatively general, potentially creating uncertainty about the precise location, width, and permissible uses of the reserved access corridor from George Inlet, which could lead to future conflicts between landowners and public users. Cost implications appear modest, as the conveyances satisfy existing legal obligations rather than creating new entitlements, though survey and administrative costs could exceed routine expectations if boundary disputes arise. Potential unintended consequences include conflicts between surface and subsurface estate holders if Sealaska Corporation pursues mineral development that impacts Cape Fox's surface use, though such split estate arrangements are common in Alaska Native lands. Environmental groups might oppose the conveyance if it facilitates logging or development in previously protected National Forest lands, though the acreage involved is relatively small. The waiver of core township selection requirements could set precedent for other Native corporations seeking similar flexibility, potentially complicating future ANCSA land selections.