[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1688 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1688

  To designate wilderness, acquire certain valuable inholdings within 
National Wildlife Refuges and National Park System Units, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 1993

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To designate wilderness, acquire certain valuable inholdings within 
National Wildlife Refuges and National Park System Units, 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 ``Alaska Peninsula Wilderness 
Designation Act of 1993''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) The term ``land'' means lands, waters, and interests 
        therein;
            (2) The term ``public lands'' means land situated in Alaska 
        which, after the date of enactment of this Act, the title is in 
        the United States, except--
                    (A) land selections of the State of Alaska which 
                have been tentatively approved or validly selected 
                under the Alaska Statehood Act and lands which have 
                been confirmed to, validly selected by, or granted to 
                the Territory of Alaska or the State under any other 
                provisions of Federal law; and
                    (B) land selections of a Native Corporation made 
                under the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.) which have not been conveyed to a 
                Native Corporation, unless any such selection is 
                determined to be invalid or is relinquished.
            (3) The term ``Native Corporation'' means any Regional 
        Corporation, any Village Corporation, any Native group and 
        those Native entities which have incorporated pursuant to 
        section 14(h)(3) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1613(h)(3)).
            (4) The term ``Regional Corporation'' has the same meaning 
        as such term has under section 3(g) of the Alaska Native Claims 
        Settlement Act.
            (5) The term ``Village Corporation'' has the same meaning 
        as such term has under section 3(j) of the Alaska Native Claims 
        Settlement Act.
            (6) The term ``Native group'' has the same meaning as such 
        term has under sections 3(d) and 14(h)(2) of the Alaska Native 
        Claims Settlement Act.
            (7) The term ``Secretary'' means the Secretary of the 
        Interior.
            (8) The term ``Alaska Statehood Act'' means the Act 
        entitled ``An Act to provide for the admission of the State of 
        Alaska into the Union'', approved July 7, 1958 (72 Stat. 339), 
        as amended.
            (9) The term ``State'' means the State of Alaska.
            (10) The term ``Koniag'' means Koniag, Incorporated, a 
        Regional Corporation.
            (11) The term ``Selection Rights'' means those rights 
        granted to Koniag pursuant to sections 12(a), 12(b), and 
        14(h)(8) of the Alaska Native Claims Settlement Act (85 Stat. 
        688), as amended, to receive title to the oil and gas rights 
        and other interests in the subsurface estate of approximately 
        two hundred and seventy-five thousand acres of public lands in 
        the State of Alaska which lands are identified as ``Koniag 
        Selections'' on the map entitled ``Koniag Interest Lands, 
        Alaska Peninsula'', dated May 1989.
            (12) The term ``agency'' includes--
                    (A) any instrumentality of the United States;
                    (B) any element of an agency; and
                    (C) any wholly owned or mixed-owned corporation of 
                the United States Government identified in chapter 91 
                of title 31, United States Code.
            (13) The term ``property'' has the same meaning as is 
        provided the term in section 12(b)(7) of Public Law 94-9204 (43 
        U.S.C. 1611 note), as amended.''.

SEC. 3. DESIGNATION OF WILDERNESS.

    (a) Designation of Wilderness.--The public lands within the 
boundaries depicted as ``Proposed Wilderness'' on the following 
identified maps are hereby designated as wilderness, and therefore as 
components of the National Wilderness Preservation System, with the 
nomenclature and approximate acreage as indicated below:
            (1) Aniakchak Wilderness of approximately five hundred and 
        three thousand acres within the Aniakchak National Monument and 
        Preserve and which is generally depicted upon the map entitled 
        ``Aniakchak Wilderness'' dated July 1992.
            (2) Alaska Peninsula Wilderness of approximately one 
        million eight hundred and seventy-six thousand acres within the 
        Alaska Peninsula National Wildlife Refuge and which is 
        generally depicted upon the map entitled ``Alaska Peninsula 
        Wilderness'' dated July 1992.
            (3) Approximately three hundred and forty-seven thousand 
        acres within the Becharof National Wildlife Refuge as an 
        addition to the existing Becharof Wilderness, as generally 
        depicted upon the map entitled ``Becharof Additional 
        Wilderness'' dated July 1992.
    (b) Map and Legal Description.--As soon as practicable after the 
enactment of this Act, a map and legal description of each wilderness 
area designated by this Act shall be published in the Federal Register 
and filed with the Committee on Interior and Insular Affairs and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives and with the Committee on Energy and Natural Resources 
of the Senate. Each such legal description shall have the same force 
and effect as if included in this Act, except that the Secretary may 
correct clerical and typographical errors in such legal description and 
map. A copy of each map shall be available for public inspection in an 
appropriate office of the National Park Service and the Fish and 
Wildlife Service, Department of the Interior.
    (c) Lands Included.--Except for those lands subject to Koniag 
Selection Rights which are subsequently relinquished pursuant to 
section 5, only those lands within the boundaries of any wilderness 
area which are public lands (as such term is defined in this Act) shall 
be deemed to be included as a portion of such area. No lands within the 
boundaries of any wilderness area designated pursuant to section 3(a) 
hereof and which, before, on, or after the date of enactment of this 
Act, are conveyed to the State, to any Native Corporation, or to any 
private party, shall be subject to the regulations applicable solely to 
public lands within such wilderness areas. Any lands subject to Koniag 
Selection Rights relinquished to the United States pursuant to section 
5 which are within the boundaries of a wilderness area designated by 
this Act shall become part of such wilderness areas and be administered 
accordingly.

SEC. 4. MANAGEMENT OF WILDERNESS AREAS.

    (a) Generally.--Except as provided in subsection (b) of this 
section, and subject to valid existing rights, the lands designated as 
Aniakchak Wilderness by this Act shall be managed by the Secretary of 
the Interior in the same manner as the lands designated as wilderness 
by section 701 of the Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3101 et seq.), and the other lands designated as wilderness 
by this Act shall be managed by such Secretary in the same manner as 
the lands designated as wilderness by section 702 of such Act.
    (b) Permits.--(1) Any special use or concession permit which was in 
existence during 1991 for operations on lands designated as wilderness 
by this Act and which except for designation of such lands as 
wilderness could have remained in effect or been renewed by or reissued 
to the same permittee, may be renewed or reissued to such permittee, 
subject to the provisions of this subsection.
    (2) Nothing in this Act shall require renewal or reissuance of a 
permit if the Secretary, for reasons other than the designation of 
lands as wilderness, determines that such action would be inconsistent 
with applicable law or established regulations. Nothing in this Act 
shall preclude the Secretary from canceling or otherwise restricting 
any permit for any reason other than the designation of lands as 
wilderness.
    (3) No renewal or reissuance of a permit described in paragraph (1) 
of this subsection shall be for a period longer than the lifetime of 
the permittee, and no such permit shall be transferable or assignable.
    (4) Designation of lands as wilderness shall not prevent any 
structures and other improvements authorized by a permit described in 
paragraph (1), including cabins, from continuing to be used, 
maintained, and if necessary, replaced, to the extent otherwise 
permissible, but no additional structures or other improvements shall 
be permitted on lands so designated.

SEC. 5. ACQUISITION OF KONIAG SELECTION RIGHTS.

    (a) In General.--(1) If the Secretary receives from Koniag a timely 
tender of relinquishment of the Selection Rights, the Secretary shall 
accept such tender no later than 60 days after its receipt, and shall 
notify the Secretary of the Treasury of such acceptance.
    (2) For purposes of this subsection, a tender by Koniag shall be 
timely if it is received by the Secretary no later than 180 days after 
either--
            (A) receipt by Koniag of the Secretary's determination of 
        the value of the Selection Rights pursuant to subsection (b) of 
        this section, or
            (B) the outcome of the procedures established by subsection 
        (b) of this section for resolution of any dispute regarding 
        such value,
whichever last occurs, unless the Secretary and Koniag agree to modify 
his deadline.
    (b) Value.--(1) The value of the Selection Rights shall be equal to 
the fair market value of the oil and gas interests, and where 
appropriate the fair market value of the subsurface estate of the lands 
or interests in lands.
    (2) Within 90 days after the date of enactment of this Act, Koniag 
and the Secretary shall meet to determine the identity of a qualified 
appraiser who shall perform an appraisal of the Selection Rights in 
conformity with the standards of the Appraisal Foundation and utilizing 
the methodology customarily used by the Minerals Management Service of 
the Department of the Interior in valuing such interests. Such 
appraiser shall be selected by the mutual agreement of Koniag and the 
Secretary, or if such agreement is not reached within 60 days after 
such initial meeting, then Koniag and the Secretary, no later than 90 
days after such initial meeting, shall each designate an appraiser who 
is qualified to perform the appraisal. The 2 appraisers so identified 
shall select a third qualified appraiser who shall perform the 
appraisal. Within 180 days after the selection of the third appraiser, 
a written appraisal report setting out the value of the Selection 
Rights and the methodology used to arrive at it, shall be delivered to 
the Secretary and to Koniag.
    (3) Within 60 days after the receipt of the appraisal report 
described in paragraph (2), the Secretary shall determine the value of 
the Selection Rights and shall immediately notify Koniag of such 
determination. If Koniag does not agree with the value as determined by 
the Secretary, the procedures specified in section 206(d) of Public Law 
94-579, as amended, shall be used to establish the value, but the 
average value per acre of the Selection Rights shall not be more than 
$300.

SEC. 6. KONIAG ACCOUNT.

    (a) Establishment.--(1) Notwithstanding any other provision of law, 
on October 1, 1996, the Secretary of the Treasury, in consultation with 
the Secretary, shall establish a Koniag Account.
    (2) Beginning on October 1, 1996, the balance of the account 
shall--
            (A) be available to Koniag for bidding on and purchasing 
        property sold at public sale, subject to the conditions 
        described in paragraph (3); and
            (B) remain available until expended.
    (3)(A) Koniag may use the account established under paragraph (1) 
to bid as any other bidder for property (wherever located) at any 
public sale by an agency and may purchase the property in accordance 
with applicable laws and regulations of the agency offering the 
property for sale. Notwithstanding any other provision of law, the 
right to draw against such account shall be assignable in whole or in 
part by Koniag, but no assignment shall be recognized by the Secretary 
of the Treasury until written notice thereof is filed with the 
Secretary of the Treasury and the Secretary of the Interior by Koniag.
    (B) In conducting a transaction described in subparagraph (A), an 
agency shall accept, in the same manner as cash, any amount tendered 
from the account established by the Secretary of the Treasury under 
paragraph (1). The Secretary of the Treasury shall adjust the balance 
of the account to reflect the transaction.
    (C) The Secretary of the Treasury, in consultation with the 
Secretary of the Interior, shall establish procedures to permit the 
account established under paragraph (1) to--
            (i) receive deposits;
            (ii) make deposits into escrow when an escrow is required 
        for the sale of any property; and
            (iii) reinstate to the account any unused escrow deposits 
        in the event sales are not consummated.
    (b) Amount.--The initial balance of the account established in 
subsection (a) shall be equal to the value of the Selection Rights as 
determined pursuant to section 5 of this Act.
    (c) Treatment of Amounts From Account.--(1) The Secretary of the 
Treasury shall deem as cash payments any amount tendered from the 
account established pursuant to subsection (a) and received by agencies 
as proceeds from a public sale of property, and shall make any 
transfers necessary to allow an agency to use the proceeds in the event 
an agency is authorized by law to use the proceeds for a specific 
purpose.
    (2)(A) Subject to subparagraph (B), the Secretary of the Treasury 
and the heads of agencies shall administer sales pursuant to this 
section in the same manner as is provided for any other Alaska native 
corporation authorized by law as of the date of enactment of this 
section (including the use of similar accounts for bidding on and 
purchasing property sold for public sale).
    (B) Amounts in an account created for the benefit of a specific 
Alaska native corporation may not be used to satisfy the property 
purchase obligations of any other Alaska native corporation.
    (d) Revenues.--The Selection Rights shall be deemed to be an 
interest in the subsurface for purposes of section 7(i) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

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