[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 855 Reported in Senate (RS)]

                                                       Calendar No. 700

103d CONGRESS

  2d Session

                                 S. 855

_______________________________________________________________________

                                 A BILL

 To authorize the Secretary of the Interior to consolidate the surface 
 and subsurface estates of certain lands within 3 conservation system 
         units on the Alaska Peninsula, and for other purposes.

_______________________________________________________________________

           September 30 (legislative day, September 12), 1994

                        Reported with amendments
                                                       Calendar No. 700
103d CONGRESS
  2d Session
                                 S. 855

 To authorize the Secretary of the Interior to consolidate the surface 
 and subsurface estates of certain lands within 3 conservation system 
         units on the Alaska Peninsula, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 29 (legislative day, April 19), 1993

 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

           September 30 (legislative day, September 12), 1994

               Reported by Mr. Johnston, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Interior to consolidate the surface 
 and subsurface estates of certain lands within 3 conservation system 
         units on the Alaska Peninsula, 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 Subsurface 
Consolidation Act of 1993''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Agency.--The term agency--
                    (A) means--
                            (i) any instrumentality of the United 
                        States; and
                            (ii) any Government corporation (as defined 
                        in section 9101(1) of title 31, United States 
                        Code); and
                    (B) includes any element of an agency.
            (2) Alaska native corporation.--The term ``Alaska Native 
        Corporation'' has the same meaning as is provided for ``Native 
        Corporation'' in section 3(m) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602(m)).
            (3) Koniag.--The term ``Koniag'' means Koniag, 
        Incorporated, which is a Regional Corporation.
            (4) Koniag account.--The term ``Koniag Account'' means the 
        account established under section 4.
            (5) Property.--The term ``property'' has the same meaning 
        as is provided in section 12(b)(7)(vii) of Public Law 94-204 
        (43 U.S.C. 1611 note).
            (6) Regional corporation.--The term ``Regional 
        Corporation'' has the same meaning as is provided in section 
        3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602(g)).
            (7) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
            (8) Selection rights.--The term ``selection rights'' means 
        those rights granted to Koniag, pursuant to subsections (a) and 
        (b) of section 12, and section 14(h)(8), of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to 
        receive title to the oil and gas rights and other interests in 
        the subsurface estate of the approximately 275,000 acres of 
        public lands in the State of Alaska identified as ``Koniag 
        Selections'' on the map entitled ``Koniag Interest Lands, 
        Alaska Peninsula'', dated May 1989.

SEC. 3. ACQUISITION OF KONIAG SELECTION RIGHTS.

    -(-a-) -I-n -G-e-n-e-r-a-l-.--
            -(-1-) -T-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t 
        -a-n-d -a-c-c-e-p-t-a-n-c-e-.----I-f -t-h-e -S-e-c-r-e-t-a-r-y 
        -r-e-c-e-i-v-e-s -f-r-o-m -K-o-n-i-a-g -a -t-i-m-e-l-y 
        -t-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t -o-f -t-h-e 
        -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s-, -t-h-e -S-e-c-r-e-t-a-r-y 
        -s-h-a-l-l---
                    -(-A-) -a-c-c-e-p-t -t-h-e -t-e-n-d-e-r -n-o-t 
                -l-a-t-e-r -t-h-a-n -6-0 -d-a-y-s -a-f-t-e-r -t-h-e 
                -d-a-t-e -o-f -t-h-e -r-e-c-e-i-p-t -o-f -t-h-e 
                -t-e-n-d-e-r-; -a-n-d
                    -(-B-) -n-o-t-i-f-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f 
                -t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e 
                -a-c-c-e-p-t-a-n-c-e -o-f -t-h-e -t-e-n-d-e-r-.
            -(-2-) -T-i-m-e-l-i-n-e-s-s-.---
                    -(-A-) -I-n -g-e-n-e-r-a-l-.----F-o-r -t-h-e 
                -p-u-r-p-o-s-e -o-f -p-a-r-a-g-r-a-p-h -(-1-) -a-n-d 
                -s-u-b-j-e-c-t -t-o -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)-, 
                -a -t-e-n-d-e-r -b-y -K-o-n-i-a-g -s-h-a-l-l -b-e 
                -t-i-m-e-l-y -i-f -t-h-e -t-e-n-d-e-r -i-s 
                -r-e-c-e-i-v-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -n-o-t 
                -l-a-t-e-r -t-h-a-n -1-8-0 -d-a-y-s -a-f-t-e-r -t-h-e 
                -l-a-t-e-r -o-f---
                            -(-i-) -t-h-e -d-a-t-e -o-f -t-h-e 
                        -r-e-c-e-i-p-t -b-y -K-o-n-i-a-g -o-f -t-h-e 
                        -d-e-t-e-r-m-i-n-a-t-i-o-n -b-y -t-h-e 
                        -S-e-c-r-e-t-a-r-y -o-f -t-h-e -v-a-l-u-e -o-f 
                        -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s 
                        -p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n 
                        -(-b-)-; -o-r
                            -(-i-i-) -t-h-e -d-a-t-e -o-f -t-h-e 
                        -f-i-n-a-l -r-e-s-o-l-u-t-i-o-n -o-f -a-n-y 
                        -d-i-s-p-u-t-e -r-e-g-a-r-d-i-n-g -t-h-e 
                        -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n 
                        -r-i-g-h-t-s -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n 
                        -(-b-)-.
                    -(-B-) -M-o-d-i-f-i-c-a-t-i-o-n-.----T-h-e 
                -S-e-c-r-e-t-a-r-y -a-n-d -K-o-n-i-a-g -m-a-y 
                -a-g-r-e-e -t-o -m-o-d-i-f-y -t-h-e -d-e-a-d-l-i-n-e 
                -e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r 
                -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)-.
    (a) The Secretary shall determine, pursuant to subsection (b) 
hereof, the value of Selection Rights which Koniag possesses within the 
boundaries of Aniakchak National Monument and Preserve, Alaska 
Peninsula National Wildlife Refuge, and Becharof National Wildlife 
Refuge.
    (b) Value.--
            (1) In general.--The value of the selection rights shall be 
        equal to the fair market value of--
                    (A) the oil and gas interests in the lands or 
                interests in lands that are the subject of the 
                selection rights; and
                    (B) in the case of the lands or interests in lands 
                for which Koniag is to receive the entire subsurface 
                estate, the subsurface estate of the lands or interests 
                in lands that are the subject of the selection rights.
            (2) Appraisal.--
                    (A) Selection of appraiser.--
                            (i) In general.--Not later than 90 days 
                        after the date of enactment of this Act, the 
                        Secretary and Koniag shall meet to select a 
                        qualified appraiser to conduct an appraisal of 
                        the selection rights. Subject to clause (ii), 
                        the appraiser shall be selected by the mutual 
                        agreement of the Secretary and Koniag.
                            (ii) Failure to agree.--If the Secretary 
                        and Koniag fail to agree on an appraiser by the 
                        date that is 60 days after the date of the 
                        initial meeting referred to in clause (i), the 
                        Secretary and Koniag shall, by the date that is 
                        not later than 90 days after the date of the 
                        initial meeting, 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.
                    (B) Standards and methodology.--The appraisal 
                shall--
                            (i) be conducted in conformity with the 
                        standards of the Appraisal Foundation (as 
                        defined in section 1121(9) of the Financial 
                        Institutions Reform, Recovery, and Enforcement 
                        Act of 1989 (12 U.S.C. 3350(9)); and
                            -(-i-i-) -u-t-i-l-i-z-e -t-h-e 
                        -m-e-t-h-o-d-o-l-o-g-y -c-u-s-t-o-m-a-r-i-l-y 
                        -u-s-e-d -b-y -t-h-e -M-i-n-e-r-a-l-s 
                        -M-a-n-a-g-e-m-e-n-t -S-e-r-v-i-c-e -o-f -t-h-e 
                        -D-e-p-a-r-t-m-e-n-t -o-f -t-h-e 
                        -I-n-t-e-r-i-o-r-.
                            (ii) utilize risk adjusted discounted cash 
                        flow methodology.
                    (C) Submission of appraisal report.--Not later than 
                180 days after the selection of an appraiser pursuant 
                to subparagraph (A), the appraiser shall submit to the 
                Secretary and to Koniag a written appraisal report 
                specifying the value of the selection rights and the 
                methodology used to arrive at the value.
            (3) Determination of value.--
                    (A) Determination by the secretary.--Not later than 
                60 days after the date of the receipt of the appraisal 
                report under paragraph (2)(C), the Secretary shall 
                determine the value of the selection rights and shall 
                notify Koniag of the determination.
                    (B) Alternative determination of value.--
                            (i) In general.--Subject to clause (ii), if 
                        Koniag does not agree with the value determined 
                        by the Secretary under subparagraph (A), the 
                        procedures specified in section 206(d) of the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1716(d)) shall be used to establish 
                        the value.
                            (ii) Average value limitation.--The average 
                        value per acre of the selection rights shall 
                        not be more than $300.

-S-E-C-. -4-. -K-O-N-I-A-G -A-C-C-O-U-N-T-.

    -(-a-) -E-s-t-a-b-l-i-s-h-m-e-n-t-.--
            -(-1-) -I-n -g-e-n-e-r-a-l-.----I-f -t-h-e 
        -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -i-s 
        -n-o-t-i-f-i-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n 
        -3-(-a-)-(-1-)-(-B-)-, -o-n -O-c-t-o-b-e-r -1-, -1-9-9-7-, 
        -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y-, -i-n 
        -c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h -t-h-e -S-e-c-r-e-t-a-r-y-, 
        -s-h-a-l-l -e-s-t-a-b-l-i-s-h -i-n -t-h-e -T-r-e-a-s-u-r-y -o-f 
        -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -a-n -a-c-c-o-u-n-t -t-o -b-e 
        -k-n-o-w-n -a-s -t-h-e -`-`-K-o-n-i-a-g -A-c-c-o-u-n-t-'-'-.
            -(-2-) -I-n-i-t-i-a-l -b-a-l-a-n-c-e-.----T-h-e 
        -i-n-i-t-i-a-l -b-a-l-a-n-c-e -o-f -t-h-e -K-o-n-i-a-g 
        -A-c-c-o-u-n-t -s-h-a-l-l -b-e -e-q-u-a-l -t-o -t-h-e 
        -v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -a-s 
        -d-e-t-e-r-m-i-n-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n 
        -3-(-b-)-.

SEC. 4. KONIAG ACCOUNT.

    (a) In General.--
            (1) The Secretary shall enter into negotiations for an 
        agreement or agreements to exchange Federal lands or interests 
        therein which are in the State of Alaska for the Koniag 
        Selection Rights referred to in section 3.
            (2) If the value of the Federal lands to be exchanged is 
        less than the value of the Koniag Selection Rights established 
        in section 3, then the Secretary may exchange the Federal lands 
        for an equivalent portion of the Koniag Selection Rights. The 
        remaining selection rights shall remain available for 
        additional exchanges.
            (3) For purposes of this section, the term ``Federal 
        lands'' means lands or interests therein located in Alaska, 
        administered by the Secretary and the title to which is in the 
        United States but excluding all lands and interests therein 
        which are located within a conservation system unit as defined 
        in the Alaska National Interest Lands Conservation Act section 
        102(4).
    (b) Account.--
            (1) In general.--With respect to any Koniag Selection 
        Rights for which an exchange has not been completed by October 
        1, 2004 (hereafter in this section referred to as ``remaining 
        selection rights''), the Secretary of the Treasury, in 
        consultation with the Secretary, shall, notwithstanding any 
        other provision of law, establish in the Treasury of the United 
        States, an account to be known as the Koniag Account. Upon the 
        relinquishment of the remaining selection rights to the United 
        States, the Secretary shall credit the Koniag Account in the 
        amount of the appraised value of the remaining selection 
        rights.
            (2) Initial balance.--The initial balance of the Koniag 
        Account shall be equal to the value of the selection rights as 
        determined pursuant to section 3(b).
            (3) Use of account.--
                    (A) In general.--Amounts in the Koniag Account 
                shall--
                            (i) be made available by the Secretary of 
                        the Treasury to Koniag for bidding on and 
                        purchasing property sold at public sale, 
                        subject to the conditions described in this 
                        paragraph; and
                            (ii) remain available until expended.
                    (B) Assignment.--
                            (i) In general.--Subject to clause (ii) and 
                        notwithstanding any other provision of law, the 
                        right to request the Secretary of the Treasury 
                        to withdraw funds from the Koniag Account shall 
                        be assignable in whole or in part by Koniag.
                            (ii) Notice of assignment.--No assignment 
                        shall be recognized by the Secretary of the 
                        Treasury until Koniag files written notice of 
                        the assignment with the Secretary of the 
                        Treasury and the Secretary.
                    (C) Bidding and purchasing.--
                            (i) In general.--Koniag may use the Koniag 
                        Account to--
                                    (I) bid, in the same manner as any 
                                other bidder, for any property at any 
                                public sale by an agency; and
                                    (II) purchase the property in 
                                accordance with applicable laws, 
                                including the regulations of the agency 
                                offering the property for sale.
                            (ii) Requirements for agencies.--In 
                        conducting a transaction described in clause 
                        (i), an agency shall accept, in the same manner 
                        as cash, an amount tendered from the Koniag 
                        Account.
                            (iii) Adjustment of balance.--The Secretary 
                        of the Treasury shall adjust the balance of the 
                        Koniag Account to reflect each transaction 
                        under clause (i).
            (4) Special procedures.--The Secretary of the Treasury, in 
        consultation with the Secretary, shall establish procedures to 
        permit the Koniag Account to--
                    (A) receive deposits;
                    (B) make deposits into escrow when an escrow is 
                required for the sale of any property; and
                    (C) reinstate to the Koniag Account any unused 
                escrow deposits if a sale is not consummated.
    -(-b-) (c) Treatment of Amounts From Account.--The Secretary of the 
Treasury shall--
            (1) deem as a cash payment any amount tendered from the 
        Koniag Account and received by an agency as a proceed from a 
        public sale of property; and
            (2) make any transfer necessary to permit the agency to use 
        the proceed in the event an agency is authorized by law to use 
        the proceed for a specific purpose.
    -(-c-) (d) Requirement for the Administration of Sales.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        the Treasury and the heads of agencies shall administer sales 
        described in subsection (a)(3)(C) in the same manner as is 
        provided for any other Alaska Native Corporation that--
                    (A) is authorized by law as of the date of 
                enactment of this Act; and
                    (B) has an account similar to the Koniag Account 
                for bidding on and purchasing property sold for public 
                sale.
            (2) Prohibition.--Amounts in an account established 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-) -D-i-v-i-s-i-o-n -o-f -R-e-v-e-n-u-e-s-.----T-h-e 
-s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -s-h-a-l-l -b-e -d-e-e-m-e-d -t-o -b-e 
-a-n -i-n-t-e-r-e-s-t -i-n -t-h-e -s-u-b-s-u-r-f-a-c-e -e-s-t-a-t-e 
-f-o-r -t-h-e -p-u-r-p-o-s-e -o-f -s-e-c-t-i-o-n -7-(-i-) -o-f -t-h-e 
-A-l-a-s-k-a -N-a-t-i-v-e -C-l-a-i-m-s -S-e-t-t-l-e-m-e-n-t -A-c-t 
-(-4-3 -U-.-S-.-C-. -1-6-0-6-(-i-)-)-.
    (e) Revenues.--The Koniag Account 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.).

SEC. 5. CERTAIN CONVEYANCES.

    (a) Interests in Land.--For the purpose of section 21(c) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the following 
shall be deemed to be an interest in land:
            (1) The establishment of the Koniag Account and the right 
        of Koniag to request the Secretary of the Treasury to withdraw 
        funds from the Koniag Account.
            (2) The receipt by a Settlement Trust (as defined in 
        section 3(t) of such Act (43 U.S.C. 1602(t)) of a conveyance by 
        Koniag of any right in the Koniag Account.
    (b) Authority to Appoint Trustees.--In establishing a Settlement 
Trust under section 39 of such Act (43 U.S.C. 1629e), Koniag may 
delegate the authority granted to Koniag under subsection (b)(2) of 
such section to any entity that Koniag may select without affecting the 
status of the Settlement Trust under this section.
S 855 RS----2