In the Senate of the United States,
June 13 (legislative day, June 11), 1990.
Resolved, That the bill from the House of Representatives (H.R. 987)
entitled `An Act to amend the Alaska National Interest Lands Conservation
Act, to desginate certain lands in the Tongass National Forest as
wilderness, and for other purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:

eb6b246dcad38f3ee3d2b65ddc1e4ed71e8e33bb8876db438a600d57bef99c1f

(a) SHORT TITLE- This act may be cited as the `Tongass Timber Reform Act'.

462e925fd2e57ede9454429864a1ece471c1174b9baeea66e562724cd3fa8bfb

TONGASS NATIONAL FOREST.
The Alaska National Interest Lands Conservation Act (Public Law 96-487,
hereinafter referred to as `ANILCA') is hereby amended by deleting section
705(a) (16 U.S.C. 539d(a)) in its entirety and inserting in lieu thereof
the following:
`SEC. 705. (a) Subject to appropriations, other applicable law, and the
requirements of the National Forest Management Act of 1976 (Public Law
94-588), except as provided in subsection (d) of this section, the Secretary
shall seek to provide a supply of timber from the Tongass National Forest
which (1) meets the annual market demand for timber from such forest and
(2) meets the market demand from such forest for each planning cycle.'.

98bc3efdedd7b3084be35bfb1a0132c6ca6a4621613ad7524d0aa56382639888

TITLE I

-FOREST MANAGEMENT PROVISIONS

ANILCA is further amended by deleting section 705(d) (16 U.S.C. 539d(d))
in its entirety and inserting in lieu thereof:
`(d) All provisions of section 6(k) of the National Forest Management Act of
1976 (16 U.S.C. 1604(k)) shall apply to the Tongass National Forest except
that the Secretary need not consider economic factors in the identification
of lands not suited for timber production.'.

9b7394dd82bc4b80111268c1827b6b7ad5697dc6ff82cabec3b3102aa5e151ce

Section 705 (16 U.S.C. 539d) of ANILCA is amended by adding at the end
thereof the following new subsection:
`(e) In order to assure protection of riparian habitat, the Secretary shall
maintain a buffer zone of no less than one hundred feet in width on each side
of all Class I streams in the Tongass National Forest, and on those Class II
streams which flow directly into a Class I stream, within which commercial
timber harvesting shall be prohibited, except where independent national
forest timber sales have already been sold prior to March 1, 1990, or where
volume has been released prior to March 1, 1990, to either the Alaska Pulp
Corporation or the Ketchikan Pulp Company pursuant to the long-term timber
sale contracts numbered 12-11-010-1545 and A10fs-1042 respectively. If such
an independent timber sale or released volume is within the buffer zone,
the Secretary shall make every effort to relocate such independent sale
or released volume to an area outside of the buffer zone. The Secretary
shall use best management practices, as defined in the Region 10 Soil
and Water Conservation Handbook (FSH 2509.22), January 1990, to assure
the protection of riparian habitat on streams or portions of streams not
protected by such buffer zones. For the purposes of this subsection, the
terms `Class I streams' and `Class II streams' mean the same as they do in
the Region 10 Aquatic Habitat Management Handbook (FSH 2609.24), June 1986.'.

753a4616f705a944d4db589533d5c51f924bf868224f98a5a5cbbfb63f7a5f43

Section 706(a) of ANILCA (16 U.S.C. 539e(a)) is amended by striking the
second sentence.

740c62874c99fdd7f84af59d00c4d5b06f9a29bdca5992611236040fa0dbdf37

(a) Section 14(i)(1) of the National Forest Management Act of 1976 (16
U.S.C. 472a(i)(1)), is amended by striking the following: `road: Provided,
That the provisions of this subsection shall not apply to sales of timber
on National Forest System lands in the State of Alaska.' and inserting in
lieu thereof `road.'.
(b) Section 705 (16 U.S.C. 539d) of ANILCA is amended by adding at the
end thereof the following new subsection:
`(f) Subject to appropriations, the provisions of this Act and other
applicable law (including but not limited to the requirements of the National
Forest Management Act of 1976 (Public Law 94-588)) and in order to assure
the continuation of the Small Business Administration timber sale program,
the Secretary shall seek to provide a supply of timber from the Tongass
National Forest which meets the demand of those purchasers qualifying as
`small business concerns' under the Small Business Act as amended (15
U.S.C. 631 et seq.).'.

f100e0841a93edcb06cd703db7dc4d481a9004e04e2aa00edd5b94e80dc6c9d6

Title V of ANILCA is amended by adding at the end thereof the following
new section:
`SEC. 508. LUD II Management Areas- The following lands are hereby allocated
to Land Use Designation II (`LUD II') as described in the Tongass National
Forest Land Management Plan, completed March, 1979, and amended Winter
1985-1986, and shall be managed by the Secretary of Agriculture in perpetuity
in accordance with such designation:
`(1) YAKUTAT FORELANDS- Certain lands which comprise approximately 137,947
acres, as generally depicted on a map entitled `Yakutat Forelands LUD II
Management Area--Proposed' and dated March, 1990.
`(2) BERNERS BAY- Certain lands which comprise approximately 46,000 acres,
as generally depicted on a map entitled `Berners Bay LUD II Management
Area--Proposed' and dated May, 1989.
`(3) CHUCK RIVER- Certain lands which comprise approximately 72,503 acres,
as generally depicted on a map entitled `Chuck River LUD II Management
Area--Proposed' and dated May, 1989.
`(4) GOOSE FLATS- Certain lands which comprise approximately 23,798 acres,
as generally depicted on a map entitled `Goose Flats LUD II Management
Area--Proposed' and dated May, 1989.
`(5) KADASHAN- Certain lands which comprise approximately 33,641 acres,
as generally depicted on a map entitled `Kadashan LUD II Management
Area--Proposed' and dated May, 1989.
`(6) KARTA- Certain lands which comprise approximately 38,046 acres, as
generally depicted on a map entitled `Karta LUD II Management Area--Proposed'
and dated May, 1989.
`(7) LISIANSKI RIVER/UPPER HOONAH SOUND- Certain lands which comprise
approximately 135,426 acres as generally depicted on a map entitled
`Lisianski River/Upper Hoonah Sound LUD II Management Area--Proposed'
and dated May, 1989.
`(8) MT. CALDER/MT. HOLBROOK- Certain lands which comprise approximately
56,540 acres as generally depicted on a map entitled `Mt. Calder/Mt. Holbrook
LUD II Management Area--Proposed' and dated May, 1989.
`(9) NUTKWA- Certain lands which comprise approximately 28,118 acres
as generally depicted on a map entitled `Nutkwa LUD II Management
Area--Proposed' and dated May, 1989.
`(10) OUTSIDE ISLANDS- Certain lands which comprise approximately 75,017
acres as generally depicted on a map entitled `Outside Islands LUD II
Management Area--Proposed' and dated May, 1989.
`(11) TRAP BAY- Certain lands which comprise approximately 6,646 acres
as generally depicted on a map entitled `Trap Bay LUD II Management
Area--Proposed' and dated May, 1989.
`(12) YOUNG LAKE- Certain lands which comprise approximately 18,173 acres
as generally depicted on a map entitled `Young Lake LUD II Management
Area--Proposed' and dated May, 1989.'.

5c36114aa957061d758181dc7a2c889e24dcff843c3ec55633c85df2e1026543

TITLE II

-TONGASS NATIONAL FOREST LANDS PROTECTION

(a) DEFINITIONS- As used in this section, the term `Secretary' means
the Secretary of Agriculture. The term `TLMP' means the Tongass National
Forest Land Management Plan, completed March, 1979, and amended Winter
1985-1986. The term `contracts' means the long-term timber sale contracts
numbered 12-11-010-1545 and A10fs-1042 between the United States and the
Alaska Pulp Corporation, and between the United States and the Ketchikan
Pulp Company, respectively.
(b) FINDING- The Congress hereby finds and declares that it is in the
national interest to modify the contracts in order to assure that valuable
public resources in the Tongass National Forest are protected and wisely
managed. Modification of the long-term timber sale contracts will enhance
the balanced use of resources on the forest and promote fair competition
within the southeast Alaska timber industry.
(c) UNILATERAL CHANGES- The contracts are hereby modified to--
(1) assure that all timber sale planning and environmental assessment
procedures regarding the contracts are consistent with procedures for
independent national forest timber sales, pursuant to the National Forest
Management Act of 1976 (Public Law 94-588), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws;
(2) eliminate the practice of harvesting a disproportionate amount of
old-growth timber by limiting the volume scheduled for harvest over the
rotation in volume classes 6 and 7, as defined in TLMP and supporting
documents, so that the proportion of volume scheduled in these classes
within a contiguous management area does not exceed the proportion of
volume currently represented by these classes within the management area;
(3) assure that all timber offered under the contracts shall be substantially
harvested within three years or the Secretary shall withhold further
offerings, unless harvesting has been delayed by third-party litigation;
(4) assure that the Secretary determines the location and size of sale
units and the timing of timber harvests;
(5) allow rejection of timber offered under the contracts. Upon rejection
of any timber offered, the Secretary may re-offer such timber to any
qualified bidder under independent national forest timber sales. If the
rejected timber is subsequently sold within twelve months and harvested
within the independent contract period, that amount of timber shall be
subtracted from the volume remaining under the appropriate contract;
(6) assure that utility logs offered under the contracts shall be counted
against contract volume requirements;
(7) assure that purchaser road credits are provided under the contracts
in a manner consistent with independent national forest timber sale
procedures; and
(8) assure that timber offered under the contracts shall be priced according
to independent national forest timber sale procedures with stumpage rates
and profitability criteria consistent with those of independent purchasers
in competitive sales.
(d) CERTIFICATION TO CONGRESS- Notwithstanding any other provision of
law, the Secretary is directed to make the necessary revisions to the
text of the contracts to reflect the modifications to such contracts
made by subsection (c) of this section. The Secretary shall promptly,
and in no event later than ninety days after the date of enactment of
this Act, transmit the text of the modified contracts to the Congress
together with his certification that these revisions are in compliance
with the modifications made by subsection (c). Until such time as the
Secretary transmits the text of the modified contracts to the Congress,
but no later than ninety days after the date of enactment of this Act, the
Secretary is authorized to conduct timber sale operations on the Tongass
National Forest in accordance with the provisions of the contracts as they
existed on the day before the date of enactment of this Act. At such time
as the Secretary transmits the modified contracts to Congress, or ninety
days after the date of enactment of this Act, whichever is sooner, the
Secretary shall conduct timber sale operations on the Tongass National
Forest only in accordance with the provisions of the modified contracts.
(e) The Secretary shall take such other actions in management of the Tongass
National Forest as may be necessary to meet the provisions of subsection (c).
(f) GAO AUDIT- The Comptroller General of the United States shall, on
a continuing basis, audit the actions taken by the Secretary to revise
the text of the contracts pursuant to the modifications made pursuant to
subsection (c). Within thirty days after the Secretary's transmittal of
the contracts and certification to Congress, and in no event later than
one hundred and twenty days after the date of enactment of this Act,
the Comptroller General shall submit a report to Congress describing the
revisions made by the Secretary to the contracts and stating whether,
in the opinion of the Comptroller General, the revised contracts are in
compliance with the requirements of this section.

3c6ef0498ef6c3ca12baf612fe79167ae2242e591bb544419c8d7fbf80d765b4

TITLE III

-MODIFICATION OF LONG-TERM TIMBER SALE CONTRACTS IN SOUTHEAST ALASKA

The Haida Land Exchange Act of 1986 (Public Law 99-664) is hereby amended
by adding the following new section at the end thereof:
`SEC. 12. SULZER PORTAGE LANDS SELECTION.
`(a) WITHDRAWAL- The following lands are withdrawn, subject to valid
existing rights, from all forms of appropriation under the public land
laws, including the mining and mineral leasing laws, and from selection
under the Alaska Statehood Act (Public Law 85-508) as amended:
`Copper River Meridian
`Township 76 South, Range 85 East
`Section 16: South half south half, northwest quarter southwest quarter.
`Section 17: West half, southeast quarter, south half northeast quarter.
`Section 18: All, fractional.
`Section 19: North half northeast quarter, southeast quarter northeast
quarter, northeast quarter northwest quarter.
`Section 20: North half, north half southeast quarter, southeast quarter
southeast quarter.
`Section 21: All.
`Section 22: South half, south half north half, fractional.
`Section 23: South half, fractional.
`Section 24: South half, fractional.
`Section 25: All, excluding islets.
`Section 26: North half, north half southeast quarter, fractional.
`Section 27: East half, east half west half, northwest quarter northwest
quarter, southwest quarter southwest quarter.
`Section 28: Northeast quarter northeast quarter, southeast quarter
southeast quarter.
`Section 29 Southwest quarter, west half southeast quarter.
`Township 76 South, Range 86 East
`Section 30: Southwest quarter, including all fractional lands on west
shore of Big Creek Bay.
`Township 76 South, Range 86 East
`Section 31: East half west half, southwest quarter southeast quarter,
northwest quarter southeast quarter.
`Township 77 South, Range 86 East
`Section 2: North half, southeast quarter, north half southwest quarter.
`(b) SELECTION- (1) For a period of one year after the date of enactment
of this section, Haida Corporation shall be entitled to select lands from
among those lands withdrawn pursuant to subsection (a). Haida Corporation
shall notify the Secretary of the Interior which lands so withdrawn Haida
Corporation wishes to select and shall designate which Haida Exchange
Lands and/or outstanding selection rights under section 16 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1615) Haida Corporation intends
to exchange or relinquish in return for its selections hereunder.
`(2) The exchange of lands selected by Haida Corporation pursuant to this
subsection for Haida Exchange Lands or selection rights under section 16
of the Alaska Native Claims Settlement Act shall be on an acre-for-acre
basis. The conveyance of lands to Haida Corporation and Sealaska pursuant
to this subsection shall be deemed a conveyance of lands pursuant to the
Alaska Native Claims Settlement Act.
`(3) After their selection, the surface estate in lands selected by
Haida Corporation pursuant to this subsection shall be conveyed to Haida
Corporation and the subsurface estate in such lands shall be conveyed to
Sealaska Corporation in partial fulfillment of such corporations' entitlement
under the Alaska Native Claims Settlement Act and pursuant to the provisions
of that Act: Provided, That the United States shall reserve an easement
one hundred feet in total width for the use of the State of Alaska for a
transportation corridor on the Sulzer Portage trail between Cholmondley
Sound and Hetta Inlet: Provided, however, That timber occurring within
the easement boundaries shall remain the property of Haida Corporation.
`(c) DURATION- The withdrawal made pursuant to subsection (a) shall terminate
ninety days after the United States has conveyed the surface and subsurface
estates of all lands selected by Haida Corporation pursuant to subsection
(b) to Haida Corporation and Sealaska Corporation respectively, or one
year after the date of enactment of this section, whichever is later.'.

eb0131167a34669bad5d564f55e0c89f8b60a450f2eef3924dc6cad094cdda8c

TITLE IV

-HAIDA LAND EXCHANGE ACT AMENDMENT

No later than one year after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with the State of Alaska and
affected private land owners, shall prepare and transmit to the Congress
a study containing recommendations on the need, if any, to standardize
riparian management practices for Federal, State, and private lands within
the Tongass National Forest.

40eea1db14f279e5df50ca84f8db54e552935aaef888c5f815e881dd4247d512

(a) DEFINITIONS- As used in this title--
(1) the term `the Settlement Act' means the Alaska Native Claims Settlement
Act (Public Law 92-203), as amended;
(2) the term `Secretary' means the Secretary of Agriculture;
(3) the term `lands' has the same meaning as specified in section 102
of ANILCA;
(4) the term `Goldbelt' means Goldbelt, Incorporated, an Alaska Native
Corporation (as such term is defined in sections 102 (6) and (9) of
ANILCA; and
(5) the term `Echo Cove lands' means the lands owned by Goldbelt generally
depicted on the map entitled `Echo Cove Lands' and dated April 1990,
aggregating approximately 1,151 acres; the term `Hobart Bay lands' means
the lands generally depicted on a map entitled `Hobart Bay Lands' and dated
April 1990, aggregating approximately 2,600 acres. Such maps will be kept
on file in the offices of the Secretary of Agriculture in Washington, D.C.,
and in the Alaska Region office of the Forest Service in Juneau, Alaska.

252035abdf9069377b5eb37680312707142bc495c2179e48bf36cfd111ef36e3

TITLE V

-ECHO COVE LAND EXCHANGE

(a) If, within ninety days after enactment of this Act, Goldbelt conveys
to the United States the Echo Cove lands, then, effective on the date of
such conveyance, there is hereby granted to Goldbelt, subject to valid
existing rights, the Hobart Bay lands. Upon conveyance of the Hobart Bay
lands to Goldbelt, Goldbelt will be afforded all rights and privileges of
ownership of such lands.
(b) Effective on the date of enactment of this Act, the Hobart Bay
lands are withdrawn from all forms of entry, location, and appropriation
under the public lands laws, including mining and mineral leasing laws,
and from selection under the Alaska Statehood Act until conveyance to
Goldbelt. Such lands shall remain withdrawn until conveyed pursuant to
subsection (a). During the withdrawal period, the Secretary shall manage
the Hobart Bay lands so that no new rights shall be created.
(c) Any lands acquired by the United States pursuant to this title shall
become part of the Tongass National Forest and the Secretary shall modify
the boundaries of the Tongass National Forest accordingly.

17c2f005ae176aa32c530b922e302e678e6ce4480ac617ca40a09a5168563194

Any lands or interests therein conveyed to Goldbelt pursuant to this title
shall be deemed lands and interests conveyed pursuant to the Settlement
Act and any conveyances effected by this title shall be deemed conveyances
to Native Corporations pursuant to the Settlement Act.

30258b7617995ad022d97f1a3f65f3c7225d70cff4a67f18d826826d380ae74b

Goldbelt shall have such rights of access to the Hobart Bay lands as are
set forth in section 1110(b) of ANILCA, in addition to such rights of
access as may exist under other laws and regulations.

669129cb84d679d8fcd3cdf2d2b8101660b94658c13f1b3f8e10b95b603b040c

The Secretary shall complete the survey of the Hobart Bay lands in
conjunction with the conveyance made pursuant to section 502 within one
year from the date of enactment of this title. Goldbelt shall complete
any surveys as may be necessary with regard to the Echo Cove lands in
conjunction with the conveyance made pursuant to section 502 within
one year from the date of enactment of this title: Provided, however,
That Goldbelt shall not be required to survey or resurvey any boundaries
used in any interim conveyance or patent conveying Echo Cove lands to
Goldbelt. As soon as practicable after the completion of the surveys,
the Secretary shall publish legal descriptions of those lands conveyed
pursuant to this title in the Federal Register. After the surveys are
completed, the Secretary shall deliver to Goldbelt a patent confirming the
legislative exchange of the Hobart Bay lands made pursuant to section 502
and Goldbelt shall deliver to the Secretary a quitclaim deed confirming
its conveyance of the Echo Cove lands referred to in section 502.

8fcc057aa666e93de6768de7e83e169908aacc112cf0d7031115388a9a94965b

(a) The Secretary is directed to continue to engage in expedited negotiations
with Sealaska Corporation for a voluntary exchange agreement through
which the United States would acquire surface and subsurface estates held
by Sealaska in the Tongass National Forest, in exchange for subsurface
estate in the Greens Creek area of Admiralty Island. Within sixty days of
enactment the Secretary shall submit his recommendation as to whether or not
an exchange should be made, and, if so its appropriate terms to Congress,
or shall report to Congress as to why no such recommendation has been made.
(b) The Secretary is directed to engage during the sixty-day period in
expedited negotiations with Shee Atika, Inc., Atikon, Inc., and Sealaska
for independent voluntary exchange agreements through which the United
States would acquire all of the surface estate or all of the surface and
subsurface estates held by these private parties in the Lake Florence, Lake
Kathleen, and Wards Creek drainages of Admiralty Island. The first priority
of such negotiations shall be acquisition of the Lake Florence drainage.
Amend the title so as to read: `An Act to amend the Alaska National Interest
Lands Conservation Act, to protect certain lands in the Tongass National
Forest in perpetuity, to modify certain long-term timber contracts, to
provide for protection of riparian habitat, and for other purposes.'.
Attest:
Secretary.

c01124e36a2c9f4bb933c5ebf207c4ece99dbd7bbbd34d08acf7801cb4fa6f13

Tongass Timber Reform Act

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

TITLE VI

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