[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3613 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3613

         Entitled the ``Kenai Natives Association Equity Act''.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 1993

 Mr. Young of Alaska introduced the following bill; which was referred 
jointly to the Committees on Natural Resources and Merchant Marine and 
                               Fisheries

_______________________________________________________________________

                                 A BILL


 
         Entitled the ``Kenai Natives Association Equity Act''.

    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 ``Kenai Natives Association Equity Act 
of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the acquisition by the United States of certain lands 
        owned by the Kenai Natives Association, Inc. (KNA) will enhance 
        the purposes for which the Kenai National Wildlife Refuge (the 
        Refuge) was established, as set forth in section 303(4)(B) of 
        the Alaska National Interest Lands Conservation Act, as amended 
        (43 U.S.C. 3101 et seq.) (ANILCA);
            (2) the Service and KNA have agreed to an exchange and 
        acquisition program pursuant to Public Law 102-458, of lands 
        and interests in land;
            (3) the lands to be conveyed to KNA are of lower quality 
        habitat in relation to lands to be acquired by the United 
        States. Conveyance of lands to KNA would not significantly 
        impact the purposes for which the Refuge was established;
            (4) this acquisition of and exchange of lands will 
        significantly enhance the ability of the Service to conserve 
        fish and wildlife populations and habitats, fulfill migratory 
        bird treaties, ensure water quality and quantity, provide 
        opportunities for environmental research and education, improve 
        access to fish and wildlife oriented recreation, and further 
        enhance the Refuge management objectives;
            (5) the amount to be paid for the Swanson River Road West 
        Tract, the sole issue upon which the Service and KNA could not 
        agree, is established by Congress at $7,500,000; and
            (6) it is in the public interest to complete this exchange, 
        and to provide for the economic and beneficial use of lands 
        conveyed to KNA in fulfillment of the purpose of the Alaska 
        Native Claims Settlement Act of 1971, as amended (43 U.S.C. 
        1601 et seq.) (Settlement Act).
    (b) Purpose.--The purpose of this Act is to authorize and direct 
the Secretary to complete an exchange and acquisition as provided by 
Public Law 102-458 of lands owned by KNA that will provide for and 
enhance the management opportunities and objectives of the Refuge, and 
assist KNA in achieving economic viability and use of its retained 
lands in furtherance of the Settlement Act.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the term--
            (a) ``ANILCA'' means the Alaska National Interest Lands 
        Conservation Act, as amended (16 U.S.C. 3101 et seq.);
            (b) ``conservation system unit'' has the same meaning as in 
        ANILCA;
            (c) ``KNA'' means the Kenai Natives Association, Inc., an 
        urban corporation incorporated in the State of Alaska pursuant 
        to the terms of the Settlement Act;
            (d) ``lands'' means both the surface and subsurface estates 
        or any interest therein whenever both estates are owned by the 
        United States or KNA, as applicable;
            (e) ``property'' has the same meaning given such term by 
        section 12(b)(7) of the Settlement Act;
            (f) ``refuge'' means the Kenai National Wildlife Refuge;
            (g) ``region'' means Cook Inlet Region, Incorporated, an 
        Alaska Native Regional Corporation which is the appropriate 
        Regional Corporation for KNA, under section 1613(h) of the 
        Settlement Act;
            (h) ``Secretary'' means the Secretary of the Interior;
            (i) ``Service'' means the United States Fish and Wildlife 
        Service; and
            (j) ``Settlement Act'' means the Alaska Native Claims 
        Settlement Act of 1971, as amended (43 U.S.C. 1601 et seq.).

SEC. 4. EXCHANGE AND ACQUISITION OF LANDS

    (a) Exchange of Lands.--
            (1) In general.--Within 180 days of the enactment of this 
        Act and upon receipt by KNA of funds for the payments provided 
        by this Act, the Secretary shall convey to KNA, in accordance 
        with the provisions of ANILCA and subject to the provisions of 
        section 4(a)(3) and valid existing rights, approximately 1,831 
        acres of land, portions of the Federal subsurface estate 
        underlying the same, and portions of the Federal subsurface 
        estate underlying another 3,238 acres, all as identified in 
        section 4(b)(2), in exchange for approximately 14,338 acres of 
        KNA land, and the relinquishment by KNA of its unpatented 
        selections and all entitlement to selections under the 
        Settlement Act, consisting of approximately 1,207 acres, all 
        located within the Refuge and identified in section 4(b)(1).
            (2) Limitation.--The Secretary may not convey any lands or 
        make any payment to KNA under this section unless title to the 
        lands to be conveyed by KNA in exchange for such lands and 
        payments is in accordance with the Department of Justice 
        standards for preparation of title evidence in land 
        acquisitions by the United States.
    (b) Exchange and Acquisition Lands.--
            (1) KNA lands to be acquired.--The lands or interests to be 
        conveyed by KNA to the United States, all situated within the 
        existing authorized boundary of the Refuge, and identified on 
        the map titled ``Kenai Natives Association, Inc. and United 
        States Fish and Wildlife Service Negotiated Exchange/
        Acquisition Package,'' dated October 1993, on file and 
        available for inspection in the Office of the Secretary, 
        generally include--
                    (A) approximately 803 acres located along the Kenai 
                River, known as the Stephanka Tract;
                    (B) approximately 1,243 acres located along the 
                Moose River, known as the Moose River Patented Lands 
                Tract;
                    (C) approximately 2,120 acres located along 
                Marathon Road, known as the Beaver Creek Tract;
                    (D) approximately 10,172 acres located along the 
                Swanson River Road and the Sunken Island Lake Road, 
                known as the Swanson River Road West Tract;
                    (E) all of the remaining KNA selections under the 
                Settlement Act, consisting of approximately 1,207 
                acres, are hereby relinquished and all remaining 
                entitlement of KNA is hereby extinguished; and
                    (F) an easement for access to and use of less than 
                one acre of land, located in the NE\1/4\ NE\1/4\ of 
                section 24, T.6N., R.9W., Seward Meridian, within the 
                Swanson River Road East Tract, for so long as the site 
                is used by the Service as a radio communications 
                repeater site.
            (2) Lands to be exchanged.--The lands or interests to be 
        conveyed by the United States to KNA, and identified (except 
        for the parcel identified in section 4(b)(2)(A)) on the map 
        titled ``Kenai Natives Association, Inc. and United States Fish 
        and Wildlife Service Negotiated Exchange/Acquisition package,'' 
        dated October 1993, on file and available for inspection in the 
        Office of the Secretary, generally include--
                    (A) approximately five acres, located within the 
                city of Kenai, Alaska, identified as United States 
                Survey 1435, and known as the old Fish and Wildlife 
                Service Headquarters site;
                    (B) approximately 1,826 acres located along the 
                Swanson River Road, known as the Swanson River Road 
                East Tract; and
                    (C) the subsurface estate (less oil, coal, and gas) 
                to approximately 5,064 acres, including approximately 
                1,826 acres underlying the Swanson River Road East 
                Tract and approximately 3,238 adjacent acres underlying 
                lands previously patented to KNA which are located east 
                of the Swanson River Road.
            (3) The lands identified for acquisition by the United 
        States, specifically identified on the maps referenced in 
        section 4(c) as the Stephanka Tract, the Beaver Creek Tract, 
        and the Moose River Patented Lands Tract, collectively referred 
        to as the ``Kenai River Project,'' shall be acquired by the 
        United States pursuant to the Land and Water Conservation Fund 
        Act.
            (4) National register of historic places.--Upon completion 
        of the exchange authorized in section 4(a), the Secretary shall 
        promptly undertake to nominate the Stepanka Tract to the 
        National Register of Historic Places, in recognition of the 
        archeological artifacts from the original Kenaitze Indian 
        settlement.
    (c) General Provisions.--
            (1) Removal of restrictions.--(A) Those lands retained by 
        KNA, and those parcels within the Refuge, including designated 
        wilderness, conveyed to KNA pursuant to the terms of this Act, 
        shall be removed in their entirety from inclusion within the 
        boundaries of the Refuge by operation of this Act. Such removal 
        from the boundaries of the Refuge shall terminate any 
        application of Federal management and patent restrictions 
        applicable to lands within the Refuge for which conveyance was 
        made pursuant to the terms of the Settlement Act or any other 
        law or regulation applicable solely to Federal lands.
            (B) The Secretary shall execute and file such instruments 
        as are necessary to convey lands and remove the restrictions 
        referred to in this section at the time of the conveyances 
        provided in section 4(a)(1).
            (C) Any lands KNA shall receive from the United States 
        pursuant to this Act shall be deemed to have been conveyed 
        pursuant to the Settlement Act.
            (2) Maps and legal descriptions.--The maps described in 
        section 4 and a legal description of the lands depicted on the 
        maps shall be on file and available for public inspection in 
        the appropriate offices of the United States Department of the 
        Interior. Not later than 120 days after the day of enactment of 
        this Act, the Secretary shall prepare a legal description of 
        the lands depicted on the maps referred to in section 4. Such 
        maps and legal descriptions shall have the same force and 
        effect as if included in this Act, except that the Secretary 
        may correct clerical and typographical errors.
            (3) Cancellation.--Prior to implementation of the exchange 
        required by section 4(a), if KNA notifies the Secretary in 
        writing that it no longer intends to complete the exchange, the 
        lands referenced in section 4(a) shall revert to their status 
        as of the day before the date of enactment of this Act.
            (4) Final maps.--Not later than 120 days after the 
        conclusion of the exchange required by section 4(a), the 
        Secretary shall transmit maps accurately depicting the lands 
        transferred and conveyed pursuant to this Act and the acreage 
        and legal descriptions of such lands to the Committee on 
        Natural Resources and the Committee on Merchant Marine and 
        Fisheries of the House of Representatives and the Committee on 
        Energy and Natural Resources and the Committee on Environment 
        and Public Works of the Senate.

SEC. 5. ADJUSTMENTS TO NATIONAL WILDLIFE REFUGE SYSTEM.

    (a) Addition to the Kenai National Wildlife Refuge.--The Secretary 
shall add the lands conveyed to the United States pursuant to section 
4(a)(1) to the Refuge. The Secretary shall manage such lands in 
accordance with the provisions of the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd-668ee) and ANILCA.
    (b) Kenai National Wildlife Refuge Boundary Adjustment.--The 
boundaries of the Refuge as set forth in section 303(4)(A) of ANILCA 
are hereby adjusted to include those lands generally depicted on the 
map described in section 4(c)(4) entitled ``Proposed Boundary 
Extension'', dated October 1993.
    (c) Addition to Wilderness Area.--Upon acquisition of lands by the 
United States pursuant to section 4(a)(1), that portion of the 
Stephanka Tract lying south and west of the Kenai River, consisting of 
approximately 592 acres and as generally depicted as ``To be included 
in wilderness'' on the map referenced in section 4(b)(1), shall be 
included in and managed as part of the Kenai Wilderness. Upon their 
inclusion into the Kenai Wilderness, such lands shall be managed in 
accordance with the applicable provisions of the Wilderness Act and 
ANILCA.
    (d) Removal of Conveyed Lands from Wilderness Area.--Upon 
conveyance to KNA of those lands under section 4(b)(2), a portion of 
which is currently designated wilderness, consisting of approximately 
623.5 acres and identified as ``To be removed from wilderness'' on the 
map referenced in section 4(b)(2), such lands are removed from the 
Kenai Wilderness and the National Wilderness Preservation System.

SEC. 6. SURPLUS PROPERTY 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 KNA account. The valuation of 
        the account shall be established at $6,457,000, the amount 
        necessary to equalize values in the land exchange and 
        acquisition program agreed to by the Service and KNA.
            (2) Beginning on October 1, 1996, the balance of the 
        account shall--
                    (i) be available to KNA for bidding on and 
                purchasing property sold at public sale, subject to the 
                conditions described in section 6(a)(3);
                    (ii) remain available until expended; and
                    (iii) KNA may use the account established under 
                section 6(a)(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.
            (3) In conducting a transaction described in section 
        (6)(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 section 6(a)(1). The Secretary of the 
        Treasury shall adjust the balance of the account to reflect the 
        transaction.
            (4) The Secretary of the Treasury, in consultation with the 
        Secretary, shall establish procedures to permit the account 
        established under section 6(a)(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) Implementation.--
            (1) Notwithstanding any other provision of law, KNA may 
        assign without restriction any or all of the account to any 
        party upon written notification to the Secretary of the 
        Treasury and the Secretary. Notwithstanding any other 
        provisions of this Act, in the event such assignment is to the 
        Region on notice from KNA to the Secretary of the Treasury and 
        the Secretary, the amount of such assignment shall be added to 
        or made a part of the Region's Property Account in the Treasury 
        established pursuant to section 12(b) of Public Law 94-204 as 
        amended, and may be used in the same manner as that account.
            (2) KNA shall be deemed to have accepted the terms of this 
        section in lieu of any other land entitlement it would have 
        received pursuant to the Settlement Act and such acceptance 
        shall satisfy any and all claims KNA had against the United 
        States on the date of this enactment;
    (c) Treatment of Amounts From Account.--
            (1) The Secretary of the Treasury shall deem as cash 
        receipts any amount tendered from the account established 
        pursuant to section 6(a)(1) 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) Subject to section 6(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).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.

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