[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3613 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 3613


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 4 (legislative day, September 12), 1994

                                Received

            October 8 (legislative day, September 12), 1994

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 AN ACT


 
         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 1994''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the United States Fish and Wildlife Service and Kenai 
        Natives Association, Inc. (KNA), have agreed to an exchange and 
        acquisition program pursuant to Public Law 102-458, of lands 
        and interests in lands in and near the Kenai National Wildlife 
        Refuge (Refuge);
            (2) 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;
            (3) 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
            (4) 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--
            (1) ``ANILCA'' means the Alaska National Interest Lands 
        Conservation Act, as amended (16 U.S.C. 3101 et seq.);
            (2) ``conservation system unit'' has the same meaning as in 
        ANILCA;
            (3) ``KNA'' means the Kenai Natives Association, Inc., an 
        urban corporation incorporated in the State of Alaska pursuant 
        to the terms of the Settlement Act;
            (4) ``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;
            (5) ``property'' has the same meaning given such term by 
        section 12(b)(7) of the Settlement Act;
            (6) ``refuge'' means the Kenai National Wildlife Refuge;
            (7) ``Secretary'' means the Secretary of the Interior;
            (8) ``Service'' means the United States Fish and Wildlife 
        Service; and
            (9) ``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; Acquisition and Equalization Payment.--
            (1) In general.--No later than June 1, 1995, the Secretary 
        shall offer to convey to KNA, in accordance with the provisions 
        of the report to Congress issued pursuant to Public Law 102-458 
        and subject to the provisions of paragraph (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 subsection (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 subsection (b)(1). The Secretary shall develop 
        the offer required by this section in consultation with KNA.
            (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.
            (3) Sources of funds.--The Secretary shall utilize any 
        combination of Land and Water Conservation Act of 1965 funds, 
        funds otherwise appropriated by the Congress, Exxon Valdez Oil 
        Spill settlement funds, and lands or other Federal property 
        within the Secretary's jurisdiction as payment to KNA to 
        equalize the values in the exchange.
            (4) Interest.--If a bonafide offer required by this section 
        is not made by June 1, 1995, interest on the value of the 
        property and interests to be conveyed to KNA shall accrue 
        beginning October 1, 1993.
    (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, subject to reservations of existing road 
        easements--
                    (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 subparagraph (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, subject to 
        reservations of existing road easements--
                    (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) Acquisition authority.--The lands identified for 
        acquisition by the United States, specifically identified on 
        the maps referenced in subsection (c) as the Stephanka Tract, 
        the Beaver Creek Tract, and the Moose River Patented Lands 
        Tract, collectively referred to as the ``Kenai River Project'', 
        may be acquired by the United States pursuant to the Land and 
        Water Conservation Fund Act of 1965.
            (4) National register of historic places.--Upon completion 
        of the exchange authorized in subsection (a), the Secretary 
        shall promptly undertake to nominate the Stephanka Tract to the 
        National Register of Historic Places, in recognition of the 
        archeological artifacts from the original Kenaitze Indian 
        settlement.
            (5) Valuations.--This exchange and acquisition shall be 
        accomplished utilizing the valuations established in the report 
        to Congress issued pursuant to Public Law 102-458, with the 
        exception of the Swanson River Road West Tract which value is 
        established at $7,500,000.
    (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 subsection (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 
        this section 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 
        this section. 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) Acceptance.--KNA may accept the offer made pursuant to 
        subsection (a) by notifying the Secretary in writing of its 
        decision within 120 days of receipt of the offer. In the event 
        the offer is rejected, the Secretary shall submit a report to 
        Congress describing the reasons why agreement was not reached.
            (4) Final maps.--Not later than 120 days after the 
        conclusion of the exchange authorized by subsection (a), the 
        Secretary shall transmit a final report and 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 
subsection (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. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 7. LIMITATION ON APPLICATION OF REQUIREMENT FOR ACQUISITIONS BY 
              UNITED STATES UNDER MIGRATORY BIRD CONSERVATION ACT.

    Section 7 of the Migratory Bird Conservation Act (16 U.S.C. 715f) 
is amended by inserting ``in fee'' after ``conveyance''.

            Passed the House of Representatives October 3, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.