[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2542 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2542

  To require the Secretary of the Interior to carry out an expedited 
negotiated settlement of the land rights of the owners of patented and 
 unpatented mining claims within Denali National Park, Alaska, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 7 (legislative day, September 12), 1994

 Mr. Murkowski (for himself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of the Interior to carry out an expedited 
negotiated settlement of the land rights of the owners of patented and 
 unpatented mining claims within Denali National Park, Alaska, 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 ``Denali Mining Claims Act of 1994''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) As a result of the enactment of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 410hh et seq.) on 
        December 2, 1980--
                    (A) the exterior boundaries of the Denali National 
                Park, Alaska, surround all active patented and 
                unpatented mining claims in the Denali National Park; 
                and
                    (B) the mining claims referred to in subparagraph 
                (A) are under the management jurisdiction of the 
                National Park Service and are subject to applicable 
                restrictions under the Act popularly known as the 
                ``Mining in the Parks Act'' (Public Law 94-429; 16 
                U.S.C. 1901 et seq.).
            (2) With respect to the mining claims described in 
        paragraph (1), the restrictions on mining under the Mining in 
        the Parks Act and the Alaska National Interest Lands 
        Conservation Act, the management of claims by the National Park 
        Service and the effect of litigation relating to the management 
        of such mining claims has resulted in the cessation of all 
        significant mining operations in the Denali area.
            (3) After completing an environmental impact statement on 
        the effects of mining in Denali National Park, the National 
        Park Service determined that the preferred alternative with 
        respect to mining would be for the United States to acquire all 
        mining claims for locations in the Park.
            (4) There is little possibility that significant mining 
        operations in the Denali area will resume.
            (5) The owners of the patented and unpatented mining claims 
        in the Denali area have suffered great hardships, including the 
        loss of livelihood, great economic deprivation, and the loss of 
        all economically beneficial and productive use of the mineral 
        property rights associated with the mining claims.
            (6) The fairest and most expeditious way to relieve the 
        hardships referred to in paragraph (5) is for the United States 
        to acquire title (if practicable, from willing sellers) to all 
        affected mining claims in the Denali area in exchange for just 
        compensation (determined in accordance with this Act) by means 
        of--
                    (A) the good-faith, full disclosure, and expedited 
                negotiations described in section 4;
                    (B) a declaration of a takings made under section 
                5; or
                    (C) a cash settlement made under section 6.

SEC. 3. DEFINITIONS.

    Except as otherwise specifically provided, as used in this Act:
            (1) Certified mail.--The term ``certified mail'' means 
        certified mail, return receipt requested, delivered by the 
        United States Postal Service.
            (2) Denali area.--The term ``Denali area'' means the area 
        comprising Denali National Park.
            (3) Denali national park.--The term ``Denali National 
        Park'' means the Denali National Park, Alaska.
            (4) DOWL report.--The term ``DOWL report'' means the 1983 
        report entitled ``Mining Properties Acquisition Costs--
        Kantishna Hills and Dunkle Mine Study Area, Denali National 
        Park, Alaska'', prepared for the Bureau of Mines by DOWL 
        Industries pursuant to the Bureau of Mines Contract numbered 
        SO134043.
            (5) Mining claim.--The term ``mining claim'' means a 
        patented or unpatented mining claim.
            (6) Owner.--With respect to a mining claim the term 
        ``owner'' means the owner on record (as determined by the 
        Secretary pursuant to section 7) of the mining claim.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. GOOD-FAITH NEGOTIATIONS WITH FULL DISCLOSURE.

    (a) In General.--
            (1) Good-faith negotiations.--(A) Except as provided in 
        sections 5 and 6, not later than 180 days after the date of 
        enactment of this Act, the Secretary shall enter into expedited 
        good-faith negotiations with all willing owners of mining 
        claims within the Denali area for the purpose of entering into 
        voluntary land acquisition agreements described in paragraph 
        (2). Notwithstanding any other provision of law, in carrying 
        out the negotiations, the Secretary shall provide full 
        disclosure of all available information compiled, or made 
        available to the Secretary, before or during the period of the 
        negotiations relating to the subject of the negotiations. The 
        Secretary shall maintain an inventory of the information 
        referred to in the preceding sentence and disclose such 
        inventory to interested parties.
            (B) Such information shall include any appraisals and other 
        related reports, information, data, and analyses of the values 
        relating to mining claims (including values for minerals, 
        commercial, residential, and recreational purposes) within the 
        Denali area, and any other information described in subsection 
        (b).
            (2) Voluntary land acquisition agreements.--A voluntary 
        land acquisition agreement described in this paragraph is an 
        agreement that the Secretary may enter into with an owner of a 
        mining claim within Denali National Park for purchasing the 
        claim from the owner.
            (3) Termination of negotiations.--The Secretary shall 
        terminate any negotiations required under paragraph (1) not 
        later than 2 years after the date of enactment of this Act, 
        except that the termination date shall be extended--
                    (A) for a reasonable period of time after a title 
                dispute described in section 7 is resolved; or
                    (B) for a period not to exceed 1 year if an owner 
                of a mining claim requests that such period be extended 
                to allow for the collection of samples pursuant to 
                subsection (b)(2)(E).
            (4) Negotiations concerning claims that are the subject of 
        pending litigation.--(A) With respect to an owner of a mining 
        claim described in subsection (a)(1) that is the subject of an 
        action pending in a Federal court on the date of enactment of 
        this Act concerning the taking of property or inverse 
        condemnation by the Federal Government in violation of the 
        fifth amendment of the Constitution, notwithstanding any other 
        provision of law--
                    (i) such owner may enter into negotiations with the 
                Secretary pursuant to subsection (a); and
                    (ii) at the same time as such owner enters into the 
                negotiations, such owner may submit, in accordance with 
                applicable procedures, a motion to the court to stay 
                proceedings for the period of the negotiations.
            (B) If the court grants a stay of proceedings pursuant to 
        subparagraph (A), notwithstanding any other provision of law, 
        no details of the negotiations shall be admissible as evidence 
        in the action subject to the stay without mutual agreement of 
        the owner and the appropriate official of the Federal 
        Government.
    (b) Information To Be Considered With Respect to Negotiations.--
            (1) In general.--In carrying out the negotiations described 
        in subsection (a)(1), the Secretary shall determine--
                    (A) with respect to each patented mining claim that 
                is the subject of negotiations, the property values 
                associated with the claim, including any associated 
                mineral, commercial, residential, or recreational 
                value; and
                    (B) with respect to each unpatented mining claim 
                that is the subject of the negotiations, the associated 
                mineral values.
            (2) Reports and appraisals.--(A) In making a determination 
        of the value of a mining claim under paragraph (1), the 
        Secretary shall take into consideration all relevant data and 
        reports, including the DOWL report, and any appraisal relating 
        to the mining claim that meets the requirements of subparagraph 
        (B) conducted by--
                    (i) an individual who is not otherwise an employee 
                of the Federal Government; or
                    (ii) the owner of the mining claim.
            (B) An appraisal that meets the requirements of this 
        subparagraph--
                    (i) includes the mineral, commercial, residential, 
                and recreational values associated with a mining claim; 
                and
                    (ii) notwithstanding any other provision of law, 
                shall be determined on the basis of the commercial, 
                residential, and recreational activities that were 
                permissible under the laws that were in effect on the 
                day before the date of enactment of the Alaska National 
                Interest Lands Conservation Act (16 U.S.C. 410hh et 
                seq.).
            (C)(i) To assist in making a determination of the property 
        values associated with a mining claim described in paragraph 
        (1), the Secretary may, with the concurrence of the owner of a 
        mining claim, appoint--
                    (I) an individual who is not an employee of the 
                Federal Government or the owner to serve as an 
                independent real estate appraiser; and
                    (II) an individual who is not an employee of the 
                Federal Government or the owner to serve as an 
                independent mineral appraiser,
        to carry out an independent third party appraisal in accordance 
        with this section.
            (ii) If the Secretary provides for an independent third 
        party appraisal pursuant to clause (i)--
                    (I) the Secretary shall pay the cost of the 
                appraisal from funds made available to the Secretary 
                for use by the National Park Service;
                    (II) the alternative dispute procedures under 
                subchapter IV of chapter 5 of title 5, United States 
                Code, shall apply to any dispute between the Secretary 
                and the owner of the mining claim concerning the 
                appraisal; and
                    (III) the Secretary shall consider the income 
                approach to mineral property valuation, as well as 
                other established appraisal methodologies and indicate 
                the relative usefulness of such methodologies as a 
                function of available data concerning the mineral 
                claims.
            (D) The Secretary may not deny the owner or the agent of an 
        owner of a mining claim access to the location of the claim to 
        evaluate and appraise the claim for the purposes of this 
        section. Such access shall include access with mechanical 
        equipment by way of the road leading to the district of the 
        National Park Service that includes the Denali area or any 
        other road within such area in the district, at any time during 
        the period specified in subparagraph (E)(iii) if the weather 
        conditions are amenable to such access.
            (E)(i) The Secretary shall permit the owner of a mining 
        claim or an individual conducting an independent third party 
        appraisal described in subparagraph (C) to collect samples for 
        the purposes of conducting appraisals under this section 
        through the use of mechanical equipment, including the types of 
        mechanical equipment that are traditionally used to evaluate 
        placer or lode deposits, including churn, reverse circulation, 
        or core drilling, and tracked or wheeled vehicles, excavators, 
        or bulldozers.
            (ii) Any sampling conducted pursuant to this subparagraph 
        shall be conducted on the condition that the land subject to 
        the sampling shall be reclaimed, in conformance with applicable 
        Federal laws (including regulations) and laws of the State of 
        Alaska (including regulations) that are generally applicable to 
        mining operations within the State of Alaska, not later than 90 
        days after the surface of the land is disturbed for the purpose 
        of the sampling.
            (iii) Any sampling and reclamation activities conducted 
        under this subparagraph shall be conducted during the period 
        beginning on May 15 and ending on September 15.
            (iv)(I) Except as provided in subclause (II), before 
        permitting the collection of samples by a person authorized to 
        collect such samples, the Secretary may require that such 
        person post a bond to ensure compliance with requirements for 
        the reclamation of the land of the site of the sampling in 
        conformance with applicable Federal laws (including 
        regulations) and laws of the State of Alaska (including 
        regulations) that are generally applicable to mining operations 
        within the State of Alaska.
            (II) The owner of a mining claim may propose that the 
        Secretary attach a lien to the mining claim in lieu of 
        requiring the owner to post a bond pursuant to subclause (I). 
        If the owner of the claim makes such proposal in a timely 
        manner, the Secretary shall attach a lien to the mining claim 
        in lieu of requiring the owner of the mining claim to post a 
        bond pursuant to subclause (I). Such lien shall be effective 
        during the period beginning on the date the Secretary attaches 
        the lien and ending on the date on which the Secretary makes a 
        determination that the applicable requirements for the 
        reclamation of the land that is the site of sampling under this 
        subparagraph have been met. The Secretary shall take all 
        actions that the Secretary determines are necessary to ensure 
        that any lien attached to a claim pursuant to this subclause is 
        removed on the termination date specified in the preceding 
        sentence.
            (III) The owner of a mining claim may request, by certified 
        mail, the Secretary to extend the termination date of 
        negotiations conducted with respect to the claim under this 
        section to a date that is 1 year after the termination date 
        otherwise specified in subsection (a)(3) to allow for the 
        collection of samples pursuant to this subparagraph. If the 
        owner makes such request, the Secretary shall extend the 
        termination date in accordance with this subclause.
    (c) Alternative Dispute Resolution Act.--At any time during the 
negotiations initiated between the owner and the Secretary under 
subsections (a) and (b), the parties may agree to resolve the issue of 
property valuation pursuant to the alternative dispute provisions of 
subchapter IV of chapter 5 of title 5, United States Code, if the 
parties agree to such dispute resolution, the provisions of subsections 
(a) and (b) shall continue to apply to such dispute resolution process. 
Nothing in this subsection is intended to affect the requirement under 
subsection (b)(2)(B) with respect to the application of such 
alternative disputed provisions.
    (d) Duties of the Secretary After the Termination of 
Negotiations.--
            (1) In general.--With respect to the mining claims that are 
        the subject of negotiations conducted under this section, the 
        Secretary shall submit to Congress not later than 60 days after 
        the date of enactment of this Act and every 60 days thereafter, 
        a report on the activities of the Secretary carried out 
        pursuant to this Act.
            (2) Report to congress.--(A) In any case in which the 
        Secretary commences negotiations with the owner of a mining 
        claim pursuant to subsection (a) and fails to enter into a 
        voluntary land acquisition agreement with the owner of the 
        mining claim, the Secretary shall include an explanation of the 
        reasons for the failure in a report that summarizes each such 
        case.
            (B) In preparing the report under this subsection, the 
        Secretary shall solicit, and include in such report, a 
        statement from owners of mining claims who have refused to 
        enter into a voluntary land acquisition agreement described in 
        subsection (a)(2) concerning the reasons for the refusal.
            (C) The Secretary shall submit such report to the Committee 
        on Energy and Natural Resources of the Senate and the Committee 
        on Natural Resources of the House of Representatives. The 
        report shall include a description of any dispute between the 
        owner of a mining claim and the Secretary concerning any value 
        associated with the claim and an explanation of the reasons for 
        the difference in the determination by the Secretary of the 
        value of the claim and the assertion of the value of the claim 
        made by the owner.
            (3) Administrative dispute resolution act.--In any case in 
        which the Secretary and the owner of the mining claim have 
        agreed to follow the procedures for alternative dispute 
        resolution pursuant to subsection (c), and such process has not 
        reached resolution or the Secretary has otherwise rejected the 
        decision of the arbitrator pursuant to section 580(c) of title 
        5, United States Code, then the reporting obligations of the 
        Secretary to Congress under paragraphs (1) and (2) shall apply 
        to such failed dispute resolution process.
    (e) Statutory Construction.--Nothing in this section may be 
construed to authorize the Secretary to enter negotiations with any 
owner of a mining claim who is not a willing seller or submit proposed 
legislation for the acquisition of the mining claims of such owner.

SEC. 5. DECLARATION OF TAKINGS LIABILITY.

    (a) Declaration of Takings Liability.--Except as provided in 
section 6, if, not later than 60 days after the date of enactment of 
this Act, the Secretary determines, with respect to a mining claim 
described in section 4(a)(1), that it is not in the public interest to 
enter into the negotiations described in section 4(a), then the 
Secretary shall commence a declaration of takings procedure under 
section 1 of the Act of February 26, 1931 (46 Stat. 1421, chapter 307; 
40 U.S.C. 258a) for a compensable taking under the fifth amendment of 
the Constitution. For the purposes of this section, with respect to the 
actions of the Federal Government concerning the mining claim, a 
compensable taking shall be deemed to have occurred.
    (b) Action.--
            (1) In general.--As soon as practicable after the Secretary 
        makes any determination under subsection (a) that it is not in 
        the public interest to enter into negotiations pursuant to 
        section 4(a), the Secretary shall file a declaration of taking 
        pursuant to section 1 of the Act of February 26, 1931 (46 Stat. 
        1421, chapter 307; 40 U.S.C. 258a) in the appropriate district 
        court of the United States. In accordance with such section 1, 
        the court shall have the power to determine the date of the 
        taking and the amount of compensation due to the parties in 
        interest (as described in such section 1).
            (2) Deadline for application for compensation.--
        Notwithstanding any other provision of law, no party in 
        interest may submit an application for compensation for a 
        taking described in subsection (a) after December 1, 1999.
            (3) Effect of payment.--With respect to a mining claim, the 
        payment of just compensation to each party in interest in 
        accordance with this subsection shall constitute the full 
        satisfaction of any liabilities and duties of the United 
        States.

SEC. 6. CASH SETTLEMENT.

    (a) In General.--If, not later than 60 days after the date of 
enactment of this Act, the Secretary determines, with respect to a 
mining claim described in section 4(a)(1), that it is not in the public 
interest to enter into the negotiations described in section 4(a), and 
if the owner of the mining claim objects to the application of the 
procedures for a declaration of taking under section 5, the Secretary 
shall, in accordance with procedures established by the Secretary, make 
an offer to the owner of the mining claim in accordance with subsection 
(b).
    (b) Requirements for Settlements.--
            (1) Amount of settlement for mining claims.--(A) The amount 
        of a cash settlement offered by the Secretary under this 
        section shall be determined by the Secretary, acting through 
        the Director of the Bureau of Mines and the Director of the 
        United States Geological Survey, on the basis of the 
        information contained in the DOWL report, and the Secretary 
        shall establish a per acre amount in order for each cash 
        settlement for the following categories of land:
                    (i) An unpatented mining claim.
                    (ii) A patented mining claim for a location without 
                a view of the Denali Range, and an access road that 
                crosses other claims.
                    (iii) A patented mining claim for a location with a 
                view of the Denali Range, and an access road that 
                crosses other claims.
                    (iv) A patented mining claim for a location without 
                a view of the Denali Range, and an access road that 
                does not cross other claims.
                    (v) A patented mining clam for a location with a 
                view of the Denali Range, and an access road that does 
                not cross other claims.
            (B) In a determination whether a location of a mining claim 
        has a view of the Denali Range shall be made the location on 
        the claim at a height of 6 feet above the ground. The 
        Secretary, acting through the Director of the Bureau of Mines 
        and the Director of the United States Geological Survey, shall 
        provide that a view of the Denali Range and road access shall 
        increase the per acre amount determined under this paragraph 
        for a claim.
            (2) Rejection of offer.--An owner of a mining claim that 
        receives an offer of a cash settlement made by the Secretary 
        pursuant to paragraph (1) may reject the offer by submitting a 
        written rejection to the Secretary by certified mail.
            (3) Treatment of rejection.--Notwithstanding any other 
        provision of law, a rejection made by the owner of a mining 
        claim pursuant to paragraph (3) shall not be admissible as 
        evidence with respect to any action in a Federal court 
        concerning the taking of property or inverse condemnation by 
        the Federal Government in violation of the fifth amendment of 
        the Constitution.
            (4) Payment and transfer of property rights.--(A) Except as 
        provided in subparagraph (B), in accordance with applicable 
        Federal laws relating to the acquisition of real property, if 
        an owner accepts in writing an offer made by the Secretary 
        under this subsection, the Secretary shall make a payment in an 
        amount determined under this subsection to the owner not later 
        than 180 days after the date on which the owner accepts the 
        offer. At the same time as the owner receives the payment, the 
        owner shall convey the title to the mining claim to the Federal 
        Government.
            (B) In any case in which there is a dispute with respect to 
        the ownership of a mining claim, the Secretary may not make a 
        settlement payment under this paragraph for the mining claim 
        until such time as a court of competent jurisdiction makes a 
        final disposition in an action to quiet title described in 
        section 7.
            (5) Effect of payment.--With respect to a mining claim, the 
        payment of a settlement to the owner of the mining claim in 
        accordance with this subsection shall constitute the full 
        satisfaction of any liabilities and duties of the United 
        States.

SEC. 7. DETERMINATION OF OWNERSHIP.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary shall determine the owner on record of each 
mining claim within the Denali area and publish in the Federal Register 
and in newspapers of general circulation in the 5 cities of Alaska with 
the greatest population, the names of the owners of mining claims and 
the mining claims owned by such owners. Not later than 60 days after 
the date of enactment of this Act, the Secretary shall provide to each 
owner described in the preceding sentence, by certified mail, a notice 
of the provisions of this Act relating to the acquisition by the 
Secretary of mining claims.
    (b) Disputed Ownership.--
            (1) In general.--Not later than 120 days after the date of 
        publication of the names described in subsection (a), any other 
        person who the Secretary did not determine to be an owner on 
        record who contends to be the owner of a claim may notify the 
        Secretary by certified mail concerning any dispute relating to 
        the title to the mining claim.
            (2) Action to quiet title.--(A) If, within 60 days after 
        notifying the Secretary of any dispute relating to the 
        ownership of a mining claim by certified mail, a person 
        described in paragraph (1) commences an action to quiet title 
        in a court of competent jurisdiction--
                    (i) if the Secretary is conducting negotiations 
                pursuant to section 4(a), the Secretary shall suspend 
                such negotiations and the Secretary shall extend the 
                date for the termination of the negotiations under such 
                section to provide for a reasonable period of time for 
                the negotiations to continue after the dispute is 
                resolved by means of an agreement between the affected 
                parties or a final disposition of the action by the 
                court and the suspension shall not affect the priority 
                for the acquisition established by the Secretary; or
                    (ii) if the Secretary has made an offer to an owner 
                of a mining claim pursuant to section 6, the Secretary 
                shall, pursuant to section 6(b)(6), refrain from making 
                a payment under such section until such time as the 
                dispute is resolved in a manner described in clause 
                (i).
            (B) As soon as practicable after a dispute is resolved in a 
        manner prescribed in subparagraph (A) with respect to a mining 
        claim subject to negotiations under section 4, the Secretary 
        shall resume the negotiations, or with respect to a settlement 
        offer made under section 6, the Secretary shall proceed with 
        the terms of the offer.

SEC. 8. VALIDITY OF UNPATENTED MINING CLAIMS.

    (a) In General.--Notwithstanding any other provision of law, a 
payment made by the Federal Government to any party pursuant to a 
voluntary land acquisition agreement entered into under section 4 or a 
declaration of takings made under section 5 shall not constitute an 
acknowledgment by the Federal Government of the validity of an 
unpatented mining claim.
    (b) Effect of Validity of Unpatented Mining Claim.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall carry out this Act without regard to 
        whether an unpatented mining claim has been determined to be 
        valid in a court of competent jurisdiction, unless not later 
        than 60 days after the date of enactment of this Act, the 
        Secretary, acting through the appropriate official of the 
        Bureau of Land Management, files in good faith an action 
        contesting the validity of the unpatented mining claim.
            (2) Exclusion of national park service.--Notwithstanding 
        any other provision of law, or any policy or procedure of the 
        Department of the Interior, including any memorandum of 
        understanding between the Secretary and the head of any other 
        Federal agency, no official of the National Park Service shall 
        have jurisdiction or authority to make administrative decisions 
        with respect to an action to determine the validity of an 
        unpatented mining claim located in the Denali area.
                                 <all>
S 2542 IS----2