S.340

Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act (Introduced in Senate - IS)

S 340 IS

113th CONGRESS

1st Session

S. 340

To provide for the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 14, 2013

Ms. MURKOWSKI (for herself and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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A BILL

To provide for the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act'.

SEC. 2. DEFINITIONS.

In this Act:

(1) MAPS- The term `maps' means the maps entitled `Sealaska Land Entitlement Finalization', numbered 1 through 17 and dated October 17, 2012, and numbered 18 and dated December 21, 2012.

(2) SEALASKA- The term `Sealaska' means the Sealaska Corporation, a Regional Native Corporation established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(4) STATE- The term `State' means the State of Alaska.

SEC. 3. FINALIZATION OF ENTITLEMENT.

(a) In General- If, not later than 90 days after the date of enactment of this Act, the Secretary receives a corporate resolution adopted by the board of directors of Sealaska agreeing to accept the conveyance of land described in subsection (b) in accordance with this Act as full and final satisfaction of the remaining land entitlement of Sealaska under section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)), the Secretary shall--

(1) implement the provisions of this Act; and

(2) charge the entitlement pool under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the number of acres deducted under subsection (b)(2), in fulfillment of the remaining land entitlement for Sealaska under that Act, notwithstanding whether the surveyed acreage of the 18 parcels of land generally depicted on the maps as `Sealaska Selections' and patented under section 4 is less than or more than 69,585 acres, reduced by the number of acres deducted under subsection (b)(2).

(b) Final Entitlement-

(1) IN GENERAL- Except as provided in paragraph (2), the land described in subsection (a) shall consist of--

(A) the 18 parcels of Federal land comprising approximately 69,585 acres that is generally depicted as `Sealaska Selections' on the maps; and

(B) a total of not more than 490 acres of Federal land for cemetery sites and historical places comprised of parcels that are applied for in accordance with section 5.

(2) DEDUCTION-

(A) IN GENERAL- The Secretary shall deduct from the number of acres of Federal land described in paragraph (1)(A) the number of acres of Federal land for which the Secretary has issued a conveyance during the period beginning on August 1, 2012, and ending on the date of receipt of the resolution under subsection (a).

(B) AGREEMENT- The Secretary, the Secretary of Agriculture, and Sealaska shall negotiate in good faith to make a mutually agreeable adjustment to the parcel of Federal land generally depicted on the maps entitled `Sealaska Land Entitlement Finalization', numbered 1 of 17, and dated October 17, 2012, and the map numbered 18 and dated December 21, 2012, to implement the deduction of acres required by subparagraph (A).

(c) Effect of Acceptance- The resolution filed by Sealaska in accordance with subsection (a) shall--

(1) be final and irrevocable; and

(2) without any further administrative action by the Secretary, result in--

(A) the relinquishment of all existing selections made by Sealaska under subsection 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and

(B) the termination of all withdrawals by section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615), except to the extent a selection by a Village Corporation under subsections (b) and (d) of section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) remains pending, until the date on which those selections are resolved.

(d) Failure To Accept- If Sealaska fails to file the resolution in accordance with subsection (a)--

(1) the provisions of this Act shall cease to be effective; and

(2) the Secretary shall, not later than 27 months after the date of enactment of this Act, complete the interim conveyance of the remaining land entitlement to Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) from prioritized selections on file with the Secretary on the date of enactment of this Act.

(e) Scope of Law- Except as provided in subsections (d) and (f), this Act provides the exclusive authority under which the remaining land entitlement of Sealaska under section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) may be fulfilled.

(f) Effect- Nothing in this Act affects any land that is--

(1) the subject of an application under subsection (h)(1) of section 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613) that is pending on the date of enactment of this Act; and

(2) conveyed in accordance with that subsection.

SEC. 4. CONVEYANCES TO SEALASKA.

(a) Interim Conveyance- Subject to valid existing rights, subsections (c), (d), and (e), section 3(b), and section 6(a), the Secretary shall complete the interim conveyance of the 18 parcels of Federal land comprising approximately 69,585 acres generally depicted on the maps by the date that is 60 days after the date of receipt of the resolution under section 3(a), subject to the Secretary identifying and reserving, by the date that is 2 years after the date of enactment of this Act, any easement that could have been reserved in accordance with this Act prior to the interim conveyance.

(b) Withdrawal-

(1) IN GENERAL- Subject to valid existing rights, the Federal land described in subsection (a) is withdrawn from--

(A) all forms of appropriation under the public land laws;

(B) location, entry, and patent under the mining laws;

(C) disposition under laws relating to mineral or geothermal leasing; and

(D) selection under the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508).

(2) TERMINATION- The withdrawal under paragraph (1) shall remain in effect until--

(A) if Sealaska fails to file a resolution in accordance with section 3(a), the date that is 90 days after the date of enactment of this Act; or

(B) the date on which the Federal land is conveyed under subsection (a).

(c) Treatment of Land Conveyed- Except as otherwise provided in this Act, any land conveyed to Sealaska under subsection (a) shall be--

(1) considered to be land conveyed by the Secretary under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and

(2) subject to all laws (including regulations) applicable to entitlements under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)).

(d) Easements-

(1) PUBLIC EASEMENTS- The deeds of conveyance for the land under subsection (a) shall be subject to the reservation of public easements under section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)).

(2) CONSERVATION EASEMENTS-

(A) IN GENERAL- In the deeds of conveyance for the land under subsection (a), the Secretary shall reserve a conservation easement to protect the aquatic and riparian habitat extending 100 feet on each side of the anadromous water bodies depicted as `100 Foot Conservation Easement' on the maps numbered 3, 4, and 6.

(B) PROHIBITION- The commercial harvest of timber within the conservation easements described in subparagraph (A) shall be prohibited, except that Sealaska may, for the purpose of harvesting timber outside of the conservation easement--

(i) maintain roads within the conservation easement that are in existence on the date of enactment of this Act; and

(ii) construct temporary roads and yarding corridors across the conservation easements in accordance with the applicable National Forest System construction standards.

(C) ADMINISTRATION- The Secretary of Agriculture shall administer the conservation easements described in subparagraph (A).

(3) RESEARCH EASEMENT- In the deed of conveyance for the land generally depicted on the map entitled `Sealaska Land Entitlement Finalization', numbered 7 of 17, and dated October 17, 2012, the Secretary shall reserve an easement--

(A) to access and continue Forest Service research activities on the study plots located on the land; and

(B) that shall remain in effect for a 10-year period beginning on the date of enactment of this Act.

(4) KOSCUISKO ISLAND ROAD EASEMENT-

(A) IN GENERAL- The deeds of conveyance for the land on Koscuisko Island under subsection (a) shall grant to Sealaska an easement providing access to and use by Sealaska of the log transfer facility at Shipley Bay on Koscuisko Island, subject to--

(i) the agreement under subparagraph (C); and

(ii) the agreement under section 6(b).

(B) SCOPE OF THE EASEMENT- The easement under subparagraph (A) shall enable Sealaska--

(i) to construct, use, and maintain a road connecting the Forest Service Road known as `Cape Pole Road' to the Forest Service Road known as `South Shipley Bay Road' within the corridor depicted on the map entitled `Sealaska Land Entitlement Finalization', numbered 3 of 17, and dated October 17, 2012;

(ii) to use, maintain, and if necessary, reconstruct the Forest Service Road known as `South Shipley Bay Road' referred to in clause (i) to access the log transfer facility at Shipley Bay; and

(iii) to use, maintain, and expand the log transfer and sort yard facility at Shipley Bay that is within the area depicted on the map entitled `Sealaska Land Entitlement Finalization', numbered 3 of 17 and dated October 17, 2012.

(C) ROADS AND FACILITIES USE AGREEMENT- In addition to the agreement under section 6(b), the Secretary and Sealaska shall enter into an agreement relating to the access, use, maintenance, and improvement of the roads and facilities under this paragraph.

(D) DETERMINATION OF LOCATION; LEGAL DESCRIPTION- Sealaska shall--

(i) in consultation with the Secretary, determine the location within the corridor of the centerline of the road described in subparagraph (B)(i); and

(ii) provide to the Secretary a legal description of the centerline acceptable for granting the easement described in subparagraph (B)(i).

(e) Hunting, Fishing, and Recreation-

(1) IN GENERAL- Any land conveyed under subsection (a) that is located outside a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall remain open and available to subsistence uses, as that term is defined in section 803 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3113), and noncommercial recreational hunting and fishing and other recreational uses by the public under applicable law--

(A) without liability on the part of Sealaska, except for willful acts, to any user as a result of the use; and

(B) subject to--

(i) any reasonable restrictions that may be imposed by Sealaska on the public use--

(I) to ensure public safety;

(II) to minimize conflicts between recreational and commercial uses;

(III) to protect cultural resources;

(IV) to conduct scientific research; or

(V) to provide environmental protection; and

(ii) the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on use.

(2) EFFECT- Access provided to any individual or entity under paragraph (1) shall not--

(A) create an interest in any third party in the land conveyed under subsection (a); or

(B) provide standing to any third party in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the land conveyed under subsection (a), except as against Sealaska for the management of public access under paragraph (1).

SEC. 5. CEMETERY SITES AND HISTORICAL PLACES.

(a) In General- Notwithstanding section 14(h)(1)(E) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may submit applications for the conveyance under section 14(h)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of not more than 76 cemetery sites and historical places--

(1) that are listed in the document entitled `Sealaska Cemetery Sites and Historical Places' and dated October 17, 2012;

(2) that are cemetery sites and historical places included in the report by Wilsey and Ham, Inc., entitled `1975 Native Cemetery and Historic Sites of Southeast Alaska (Preliminary Report)' and dated October 1975;

(3) for which Sealaska has not previously submitted an application; and

(4) that are not located within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)).

(b) Procedure for Evaluating Applications- Except as otherwise provided in this section, the Secretary shall consider all applications submitted under this section in accordance with the criteria and procedures set forth in applicable regulations in effect as of the date of enactment of this Act.

(c) Conveyance- The Secretary may convey cemetery sites and historical places under this section that result in the conveyance of a total of approximately 490 acres of Federal land comprised of parcels that are--

(1) applied for in accordance with this section; and

(2) subject to--

(A) valid existing rights;

(B) the public access provisions of subsection (g);

(C) the condition that the conveyance of land for the site listed under subsection (a)(1) as `Bay of Pillars Portage' is limited to 25 acres in T.60 S., R.72 E., Sec. 28, Copper River Meridian; and

(D) the condition that any access to or use of the cemetery sites and historical places shall be consistent with the management plans for adjacent public land, if the management plans are more restrictive than the laws (including regulations) applicable under subsection (i).

(d) Timeline- No application for a cemetery site or historical place may be submitted under subsection (a) after the date that is 2 years after the date of enactment of this Act.

(e) Consultation With Recognized Tribal Entity- Sealaska shall--

(1) consult with any affected federally recognized Indian tribe before submitting any application for a cemetery site or historical place located within the traditional territory of the Indian tribe; and

(2) include with each application described in paragraph (1) a statement that the required consultation was carried out in accordance with that paragraph.

(f) Selection of Additional Cemetery Sites- If Sealaska submits timely applications to the Secretary in accordance with subsections (a), (d), and (e), for all 76 sites listed under subsection (a)(1), and the Secretary rejects any of those applications in whole or in part--

(1) not later than 2 years after the date on which the Secretary completes the conveyance of eligible cemetery sites and historical places applied for under subsection (a), and subject to subsection (e), Sealaska may submit applications for the conveyance under section 14 (h)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of additional cemetery sites that are not located in a conservation system unit described in (a)(4), the total acreage of which, together with the cemetery sites and historical places previously conveyed by the Secretary under subsection (c), shall not exceed 490 acres; and

(2) the Secretary shall--

(A) consider any applications for the conveyance of additional cemetery sites in accordance with subsection (b); and

(B) if the applications are approved, provide for the conveyance of the sites in accordance with subsection (c).

(g) Public Access-

(1) IN GENERAL- Subject to paragraph (2), any land conveyed under this section shall be subject to--

(A) the reservation of public easements under section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b));

(B) public access across the conveyed land in cases in which no reasonable alternative access around the land is available, without liability to Sealaska, except for willful acts, to any user by reason of the use; and

(C) public access within 25 feet of any Class I stream described in section 705(e) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 539d(e)) for noncommercial recreational and subsistence fishing, without liability to Sealaska, except for willful acts, to any user by reason of the use.

(2) LIMITATIONS- The public access and use under subparagraphs (B) and (C) of paragraph (1) shall be subject to--

(A) any reasonable restrictions that may be imposed by Sealaska on the public access and use--

(i) to ensure public safety;

(ii) to protect and conduct research on the historic, archaeological, and cultural resources of the conveyed land; or

(iii) to provide environmental protection;

(B) the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on the public access and use; and

(C) the condition that the public access and use shall not be incompatible with or in derogation of the values of the area as a cemetery site or historical place, as provided in section 2653.11 of title 43, Code of Federal Regulations (or a successor regulation).

(3) EFFECT- Access provided to any individual or entity by paragraph (1) shall not--

(A) create an interest in any third party in the land conveyed under this section; or

(B) provide standing to any third party in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the land conveyed under this section, except as against Sealaska for the management of public access under paragraph (2).

(h) Prohibition on Transfer or Loss-

(1) PROHIBITION ON TRANSFER- Notwithstanding any other provision of law, Sealaska shall not--

(A) alienate, transfer, assign, mortgage, or pledge any cemetery site or historical place conveyed under this section to any person or entity other than the United States; or

(B) permit development or improvement of the cemetery site or historical place for any use which is incompatible with, or is in derogation of, the values of the area as a cemetery site or historical place.

(2) PROHIBITION ON LOSS- Notwithstanding any other provision of law, any cemetery site or historical place conveyed to Sealaska under this section shall be exempt from--

(A) adverse possession and similar claims based on estoppel;

(B) real property taxes by any governmental entity;

(C) title 11 of the United States Code or a successor law, any other insolvency or moratorium law, or any other law generally affecting creditors' rights;

(D) judgments in any action at law or in equity to recover sums owed or penalties incurred by Sealaska or any employee, officer, director, or shareholder of Sealaska; and

(E) involuntary distributions or conveyances to any person or entity other than the United States related to the involuntary dissolution of Sealaska.

(i) Treatment of Land Conveyed- Except as otherwise provided in this Act, any land conveyed to Sealaska under this section shall be--

(1) considered land conveyed by the Secretary under section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)); and

(2) subject to all laws (including regulations) applicable to conveyances under section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)).

SEC. 6. MISCELLANEOUS.

(a) Special Use Authorizations-

(1) IN GENERAL- On the conveyance of land to Sealaska under section 4(a)--

(A) any guiding or outfitting special use authorization issued by the Forest Service for the use of the conveyed land shall terminate; and

(B) as a condition of the conveyance and consistent with section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), Sealaska shall allow the holder of the special use authorization terminated under subparagraph (A) to continue the authorized use, subject to the terms and conditions that were in the special use authorization issued by the Forest Service, for--

(i) the remainder of the term of the authorization; and

(ii) 1 additional consecutive 10-year renewal period.

(2) NOTICE OF COMMERCIAL ACTIVITIES- Sealaska and any holder of a guiding or outfitting authorization under this subsection shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to Sealaska under section 4(a).

(3) NEGOTIATION OF NEW TERMS- Nothing in this subsection precludes Sealaska and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization.

(4) LIABILITY- Neither Sealaska nor the United States shall bear any liability, except for willful acts of Sealaska or the United States, regarding the use and occupancy of any land conveyed to Sealaska under this Act, as provided in any outfitting or guiding authorization under this subsection.

(b) Roads and Facilities- Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture and Sealaska shall negotiate in good faith to develop a binding agreement--

(1) for the use of National Forest System roads and related transportation facilities by Sealaska; and

(2) the use of Sealaska roads and related transportation facilities by the Forest Service.

(c) Traditional Trade and Migration Route Designations-

(1) DESIGNATIONS-

(A) THE INSIDE PASSAGE- The route from Yakutat to Dry Bay, as generally depicted on the map entitled `Traditional Trade and Migration Route, Neix naax aan nax--The Inside Passage' and dated October 17, 2012, is designated as `Neix naax aan nax' (`The Inside Passage').

(B) CANOE ROAD- The route from the Bay of Pillars to Port Camden, as generally depicted on the map entitled `Traditional Trade and Migration Route, Yakwdeiyi--Canoe Road' and dated October 17, 2012, is designated as `Yakwdeiyi' (`Canoe Road').

(C) THE PEOPLE'S ROAD- The route from Portage Bay to Duncan Canal, as generally depicted on the map entitled `Traditional Trade and Migration Route, Lingit Deiyi--The People's Road' and dated October 17, 2012, is designated `Lingit Deiyi' (`The People's Road').

(2) ACCESS TO TRADITIONAL TRADE AND MIGRATION ROUTES- The culturally and historically significant trade and migration routes designated by paragraph (1) shall be open to travel by Sealaska and the public in accordance with applicable law, subject to such terms, conditions, and special use authorizations as the Secretary of Agriculture may require.

(d) Effect on Other Laws-

(1) IN GENERAL- Nothing in this Act delays the duty of the Secretary to convey land to--

(A) the State under the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508); or

(B) a Native Corporation under--

(i) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or

(ii) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452).

(2) CONVEYANCES- The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with--

(A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and

(B) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452).

(e) Escrow Funds- If Sealaska files the resolution in accordance with section 3(a)--

(1) the escrow requirements of section 2 of Public Law 94-204 (43 U.S.C. 1613 note) shall apply to proceeds (including interest) derived from the land withdrawn under section 4(b) from the date of receipt of the resolution; and

(2) Sealaska shall have no right to any proceeds (including interest) held pursuant to the escrow requirements of section 2 of Public Law 94-204 (43 U.S.C. 1613 note) that were derived from land originally withdrawn for selection by section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615), but not conveyed.

(f) Maps-

(1) AVAILABILITY- Each map referred to in this Act shall be available in the appropriate offices of the Secretary and the Secretary of Agriculture.

(2) CORRECTIONS- The Secretary of Agriculture may make any necessary correction to a clerical or typographical error in a map referred to in this Act.

SEC. 7. CONSERVATION AREAS.

(a) LUD II Management Areas- If Sealaska files a resolution in accordance with section 3(a), section 508 of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 104 Stat. 4428) is amended by adding at the end the following:

`(13) BAY OF PILLARS- Certain land which comprises approximately 21,106 acres, as generally depicted on the map entitled `Bay of Pillars LUD II Management Area--Proposed' and dated October 17, 2012.

`(14) KUSHNEAHIN CREEK- Certain land which comprises approximately 36,624 acres, as generally depicted on the map entitled `Kushneahin Creek LUD II Management Area--Proposed' and dated October 17, 2012.

`(15) NORTHERN PRINCE OF WALES- Certain land which comprises approximately 9,064 acres, as generally depicted on the map entitled `Northern Prince of Wales LUD II Management Area--Proposed' and dated October 17, 2012.

`(16) WESTERN KOSCIUSKO- Certain land which comprises approximately 7,786 acres, as generally depicted on the map entitled `Western Kosciusko LUD II Management Area--Proposed' and dated October 17, 2012.

`(17) EASTERN KOSCIUSKO- Certain land which comprises approximately 1,664 acres, as generally depicted on the map entitled `Eastern Kosciusko LUD II Management Area--Proposed' and dated October 17, 2012.

`(18) SARKAR LAKES- Certain land which comprises approximately 25,402 acres, as generally depicted on the map entitled `Sarkar Lakes LUD II Management Area--Proposed' and dated October 17, 2012.

`(19) HONKER DIVIDE- Certain land which comprises approximately 15,584 acres, as generally depicted on the map entitled `Honker Divide LUD II Management Area--Proposed' and dated October 17, 2012.

`(20) EEK LAKE AND SUKKWAN ISLAND- Certain land which comprises approximately 34,873 acres, as generally depicted on the map entitled `Eek Lake and Sukkwan Island LUD II Management Area--Proposed' and dated October 17, 2012.'.

(b) No Buffer Zones-

(1) IN GENERAL- The designation of the conservation areas by paragraphs (13) through (20) of section 508 of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 104 Stat. 4428) (as added by subsection (a)) (referred to in this subsection as the `conservation areas') is not intended to lead to the creation of protective perimeters or buffer zones around the conservation areas.

(2) OUTSIDE ACTIVITIES- The fact that activities outside of the conservation areas are not consistent with the purposes of the conservation areas or can be seen or heard within the conservation areas shall not preclude the activities or uses outside the boundary of the conservation areas.