[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3907 Received in Senate (RDS)]

  2d Session
                                H. R. 3907


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 1996

                                Received

_______________________________________________________________________

                                 AN ACT


 
  To facilitate the 2002 Winter Olympic Games in the State of Utah at 
the Snowbasin Ski Area, to provide for the acquisition of lands within 
          the Sterling Forest Reserve, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                      TITLE I--SNOWBASIN SKI AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``2002 Winter Olympic Games 
Facilitation Act''.

SEC. 102. FINDINGS AND DETERMINATION.

    (a) Findings.--The Congress finds that--
            (1) in June 1995, Salt Lake City, Utah, was selected to 
        host the 2002 Winter Olympic Games, and the Snowbasin Ski 
        Resort, which is owned by the Sun Valley Company, was 
        identified as the site of six Olympic events: the men's and 
        women's downhills, men's and women's Super-Gs, and men's and 
        women's combined downhills;
            (2) in order to adequately accommodate these events, which 
        are traditionally among the most popular and heavily attended 
        at the Winter Olympic Games, major new skiing, visitor, and 
        support facilities will have to be constructed at the Snowbasin 
        Ski Resort on land currently administered by the United States 
        Forest Service;
            (3) while certain of these new facilities can be 
        accommodated on National Forest land under traditional Forest 
        Service permitting authorities, the base area facilities 
        necessary to host visitors to the ski area and the Winter 
        Olympics are of such a nature that they should logically be 
        located on private land;
            (4) land exchanges have been routinely utilized by the 
        Forest Service to transfer base area lands to many other ski 
        areas, and the Forest Service and the Sun Valley Company have 
        concluded that a land exchange to transfer base area lands at 
        the Snowbasin Ski Resort to the Sun Valley Company is both 
        logical and advisable;
            (5) an environmental impact statement and numerous resource 
        studies have been completed by the Forest Service and the Sun 
        Valley Company for the lands proposed to be transferred to the 
        Sun Valley Company by this title;
            (6) the Sun Valley Company has assembled lands with 
        outstanding environmental, recreational, and other values to 
        convey to the Forest Service in return for the lands it will 
        receive in the exchange, and the Forest Service has identified 
        such lands as desirable for acquisition by the United States; 
        and
            (7) completion of a land exchange and approval of a 
        development plan for Olympic related facilities at the 
        Snowbasin Ski Resort is essential to ensure that all necessary 
        facilities can be constructed, tested for safety and other 
        purposes, and become fully operational in advance of the 2002 
        Winter Olympics and earlier pre-Olympic events.
    (b) Determination.--The Congress has reviewed the previous analyses 
and studies of the lands to be exchanged and developed pursuant to this 
title, and has made its own review of these lands and issues involved, 
and on the basis of those reviews hereby finds and determines that a 
legislated land exchange and development plan approval is necessary to 
meet Olympic goals and timetables.

SEC. 103. SNOWBASIN LAND EXCHANGE.

    (a) Purpose and Intent.--The purpose of this section is to 
authorize and direct the Secretary to exchange 1,320 acres of 
federally-owned land within the Cache National Forest in the State of 
Utah for lands of approximately equal value owned by the Sun Valley 
Company. It is the intent of Congress that this exchange be completed 
without delay within the period specified by subsection (d).
    (b) Definitions.--As used in this section:
            (1) The term ``Sun Valley Company'' means the Sun Valley 
        Company, a division of Sinclair Oil Corporation, a Wyoming 
        Corporation, or its successors or assigns.
            (2) The term ``Secretary'' means the Secretary of 
        Agriculture.
    (c) Exchange.--
            (1) Federal selected lands.--(A) Not later than 45 days 
        after the final determination of value of the Federal selected 
        lands, the Secretary shall, subject to this section, transfer 
        all right, title, and interest of the United States in and to 
        the lands referred to in subparagraph (B) to the Sun Valley 
        Company.
            (B) The lands referred to in subparagraph (A) are certain 
        lands within the Cache National Forest in the State of Utah 
        comprising 1,320 acres, more or less, as generally depicted on 
        the map entitled ``Snowbasin Land Exchange--Proposed'' and 
        dated October 1995.
            (2) Non-federal offered lands.--Upon transfer of the 
        Federal selected lands under paragraph (1), and in exchange for 
        those lands, the Sun Valley Company shall simultaneously convey 
        to the Secretary all right, title and interest of the Sun 
        Valley Company in and to so much of the following offered lands 
        which have been previously identified by the United States 
        Forest Service as desirable by the United States, or which are 
        identified pursuant to subparagraph (E) prior to the transfer 
        of lands under paragraph (1), as are of approximate equal value 
        to the Federal selected lands:
                    (A) Certain lands located within the exterior 
                boundaries of the Cache National Forest in Weber 
                County, Utah, which comprise approximately 640 acres 
                and are generally depicted on a map entitled 
                ``Lightning Ridge Offered Lands'', dated October 1995.
                    (B) Certain lands located within the Cache National 
                Forest in Weber County, Utah, which comprise 
                approximately 635 acres and are generally depicted on a 
                map entitled ``Wheeler Creek Watershed Offered Lands--
                Section 21'' dated October 1995.
                    (C) Certain lands located within the exterior 
                boundaries of the Cache National Forest in Weber 
                County, Utah, and lying immediately adjacent to the 
                outskirts of the City of Ogden, Utah, which comprise 
                approximately 800 acres and are generally depicted on a 
                map entitled ``Taylor Canyon Offered Lands'', dated 
                October 1995.
                    (D) Certain lands located within the exterior 
                boundaries of the Cache National Forest in Weber 
                County, Utah, which comprise approximately 2,040 acres 
                and are generally depicted on a map entitled ``North 
                Fork Ogden River--Devil's Gate Valley'', dated October 
                1995.
                    (E) Such additional offered lands in the State of 
                Utah as may be necessary to make the values of the 
                lands exchanged pursuant to this section approximately 
                equal, and which are acceptable to the Secretary.
            (3) Substitution of offered lands.--If one or more of the 
        precise offered land parcels identified in subparagraphs (A) 
        through (D) of paragraph (2) is unable to be conveyed to the 
        United States due to appraisal or other reasons, or if the 
        Secretary and the Sun Valley Company mutually agree and the 
        Secretary determines that an alternative offered land package 
        would better serve long term public needs and objectives, the 
        Sun Valley Company may simultaneously convey to the United 
        States alternative offered lands in the State of Utah 
        acceptable to the Secretary in lieu of any or all of the lands 
        identified in subparagraphs (A) through (D) of paragraph (2).
            (4) Valuation and appraisals.--(A) Values of the lands to 
        be exchanged pursuant to this section shall be equal as 
        determined by the Secretary utilizing nationally recognized 
        appraisal standards and in accordance with section 206 of the 
        Federal Land Policy and Management Act of 1976. The appraisal 
        reports shall be written to Federal standards as defined in the 
        Uniform Appraisal Standards for Federal Land Acquisitions. If, 
        due to size, location, or use of lands exchanged under this 
        section, the values are not exactly equal, they shall be 
        equalized by the payment of cash equalization money to the 
        Secretary or the Sun Valley Company as appropriate in 
        accordance with section 206(b) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1716(b)). In order to 
        expedite the consummation of the exchange directed by this 
        section, the Sun Valley Company shall arrange and pay for 
        appraisals of the offered and selected lands by a qualified 
        appraiser with experience in appraising similar properties and 
        who is mutually acceptable to the Sun Valley Company and the 
        Secretary. The appraisal of the Federal selected lands shall be 
        completed and submitted to the Secretary for technical review 
        and approval no later than 120 days after the date of enactment 
        of this Act, and the Secretary shall make a determination of 
        value not later than 30 days after receipt of the appraisal. In 
        the event the Secretary and the Sun Valley Company are unable 
        to agree to the appraised value of a certain tract or tracts of 
        land, the appraisal, appraisals, or appraisal issues in dispute 
        and a final determination of value shall be resolved through a 
        process of bargaining or submission to arbitration in 
        accordance with section 206(d) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1716(d)).
            (B) In order to expedite the appraisal of the Federal 
        selected lands, such appraisal shall--
                    (i) value the land in its unimproved state, as a 
                single entity for its highest and best use as if in 
                private ownership and as of the date of enactment of 
                this Act;
                    (ii) consider the Federal lands as an independent 
                property as though in the private marketplace and 
                suitable for development to its highest and best use;
                    (iii) consider in the appraisal any encumbrance on 
                the title anticipated to be in the conveyance to Sun 
                Valley Company and reflect its effect on the fair 
                market value of the property; and
                    (iv) not reflect any enhancement in value to the 
                Federal selected lands based on the existence of 
                private lands owned by the Sun Valley Company in the 
                vicinity of the Snowbasin Ski Resort, and shall assume 
                that private lands owned by the Sun Valley Company are 
                not available for use in conjunction with the Federal 
                selected lands.
    (d) General Provisions Relating to the Exchange.--
            (1) In general.--The exchange authorized by this section 
        shall be subject to the following terms and conditions:
                    (A) Reserved rights-of-way.--In any deed issued 
                pursuant to subsection (c)(1), the Secretary shall 
                reserve in the United States a right of reasonable 
                access across the conveyed property for public access 
                and for administrative purposes of the United States 
                necessary to manage adjacent federally-owned lands. The 
                terms of such reservation shall be prescribed by the 
                Secretary within 30 days after the date of the 
                enactment of this Act.
                    (B) Right of rescission.--This section shall not be 
                binding on either the United States or the Sun Valley 
                Company if, within 30 days after the final 
                determination of value of the Federal selected lands, 
                the Sun Valley Company submits to the Secretary a duly 
                authorized and executed resolution of the Company 
                stating its intention not to enter into the exchange 
                authorized by this section.
            (2) Withdrawal.--Subject to valid existing rights, 
        effective on the date of enactment of this Act, the Federal 
        selected lands described in subsection (c)(1) and all National 
        Forest System lands currently under special use permit to the 
        Sun Valley Company at the Snowbasin Ski Resort are hereby 
        withdrawn from all forms of appropriation under the public land 
        laws (including the mining laws) and from disposition under all 
        laws pertaining to mineral and geothermal leasing.
            (3) Deed.--The conveyance of the offered lands to the 
        United States under this section shall be by general warranty 
        or other deed acceptable to the Secretary and in conformity 
        with applicable title standards of the Attorney General of the 
        United States.
            (4) Status of lands.--Upon acceptance of title by the 
        Secretary, the land conveyed to the United States pursuant to 
        this section shall become part of the Wasatch or Cache National 
        Forests as appropriate, and the boundaries of such National 
        Forests shall be adjusted to encompass such lands. Once 
        conveyed, such lands shall be managed in accordance with the 
        Act of March 1, 1911, as amended (commonly known as the ``Weeks 
        Act''), and in accordance with the other laws, rules and 
        regulations applicable to National Forest System lands. This 
        paragraph does not limit the Secretary's authority to adjust 
        the boundaries pursuant to section 11 of the Act of March 1, 
        1911 (``Weeks Act''). For the purposes of section 7 of the Land 
        and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the 
        boundaries of the Wasatch and Cache National Forests, as 
        adjusted by this section, shall be considered to be boundaries 
        of the forests as of January 1, 1965.
    (e) Phase Facility Construction and Operation.--
            (1) Phase i facility finding and review.--(A) The Congress 
        has reviewed the Snowbasin Ski Area Master Development Plan 
        dated October 1995 (hereinafter in this subsection referred to 
        as the ``Master Plan''). On the basis of such review, and 
        review of previously completed environmental and other resource 
        studies for the Snowbasin Ski Area, Congress hereby finds that 
        the ``Phase I'' facilities referred to in the Master Plan to be 
        located on National Forest System land after consummation of 
        the land exchange directed by this section are limited in size 
        and scope, are reasonable and necessary to accommodate the 2002 
        Olympics, and in some cases are required to provide for the 
        safety of skiing competitors and spectators.
            (B) Within 60 days after the date of enactment of this Act, 
        the Secretary and the Sun Valley Company shall review the 
        Master Plan insofar as such plan pertains to Phase I facilities 
        which are to be constructed and operated wholly or partially on 
        National Forest System lands retained by the Secretary after 
        consummation of the land exchange directed by this section. The 
        Secretary may modify such Phase I facilities upon mutual 
        agreement with the Sun Valley Company or by imposing conditions 
        pursuant to paragraph (2) of this subsection.
            (C) Within 90 days after the date of enactment of this Act, 
        the Secretary shall submit the reviewed Master Plan on the 
        Phase I facilities, including any modifications made thereto 
        pursuant to subparagraph (B), to the Committee on Energy and 
        Natural Resources of the United States Senate and the Committee 
        on Resources of the United States House of Representatives for 
        a 30-day review period. At the end of the 30-day period, unless 
        otherwise directed by Act of Congress, the Secretary may issue 
        all necessary authorizations for construction and operation of 
        such facilities or modifications thereof in accordance with the 
        procedures and provisions of paragraph (2) of this subsection.
            (2) Phase i facility approval, conditions, and timetable.--
        Within 120 days of receipt of an application by the Sun Valley 
        Company to authorize construction and operation of any 
        particular Phase I facility, facilities, or group of 
        facilities, the Secretary, in consultation with the Sun Valley 
        Company, shall authorize construction and operation of such 
        facility, facilities, or group of facilities, subject to the 
        general policies of the Forest Service pertaining to the 
        construction and operation of ski area facilities on National 
        Forest System lands and subject to reasonable conditions to 
        protect National Forest System resources. In providing 
        authorization to construct and operate a facility, facilities, 
        or group of facilities, the Secretary may not impose any 
        condition that would significantly change the location, size, 
        or scope of the applied for Phase I facility unless--
                    (A) the modification is mutually agreed to by the 
                Secretary and the Sun Valley Company; or
                    (B) the modification is necessary to protect health 
                and safety.
        Nothing in this subsection shall be construed to affect the 
        Secretary's responsibility to monitor and assure compliance 
        with the conditions set forth in the construction and operation 
        authorization.
            (3) Congressional directions.--Notwithstanding any other 
        provision of law, Congress finds that consummation of the land 
        exchange directed by this section and all determinations, 
        authorizations, and actions taken by the Secretary pursuant to 
        this section pertaining to Phase I facilities on National 
        Forest System lands, or any modifications thereof, to be 
        nondiscretionary actions authorized and directed by Congress 
        and hence to comply with all procedural and other requirements 
        of the laws of the United States. Such determinations, 
        authorizations, and actions shall not be subject to 
        administrative or judicial review.
    (f) No Precedent.--Nothing in subsection (c)(4)(B) of this section 
relating to conditions or limitations on the appraisal of the Federal 
lands, or any provision of subsection (e), relating to the approval by 
the Congress or the Forest Service of facilities on National Forest 
System lands, shall be construed as a precedent for subsequent 
legislation.

                       TITLE II--STERLING FOREST

SEC. 201. FUNDING FOR PALISADES INTERSTATE PARK COMMISSION.

    The Secretary of the Interior is authorized to provide funding to 
the Palisades Interstate Park Commission to be used for the acquisition 
of lands and interests in lands within the area generally depicted on 
the map entitled ``Boundary Map, Sterling Forest Reserve'', numbered 
SFR-60,001 and dated July 1, 1994. There are authorized to be 
appropriated for purposes of this section not more than $17,500,000. No 
funds made available under this section may be used for the acquisition 
of any lands or interest in lands without the consent of the owner 
thereof.

SEC. 202. LAND EXCHANGE.

    The Secretary of the Interior is authorized to exchange unreserved 
unappropriated Federal lands under the administrative jurisdiction of 
the Secretary for the lands comprising approximately 2,220 acres 
depicted on the map entitled ``Sterling Forest, Proposed Sale of 
Sterling Forest Lands'' and dated July 25, 1996. The Secretary shall 
consult with the Governor of any State in which such unreserved 
unappropriated lands are located prior to carrying out such exchange. 
The lands acquired by the Secretary under this section shall be 
transferred to the Palisades Interstate Park Commission to be included 
within the Sterling Forest Reserve. The lands exchanged under this 
section shall be of equal value, as determined by the Secretary 
utilizing nationally recognized appraisal standards. The authority to 
exchange lands under this section shall expire on the date 18 months 
after the date of enactment of this Act.

  TITLE III--ANAKTUVUK PASS LAND EXCHANGE AND WILDERNESS REDESIGNATION

SEC. 301. ANAKTUVUK PASS LAND EXCHANGE.

    (a) Findings.--The Congress makes the following findings:
            (1) The Alaska National Interest Lands Conservation Act (94 
        Stat. 2371), enacted on December 2, 1980, established Gates of 
        the Arctic National Park and Preserve and Gates of the Arctic 
        Wilderness. The village of Anaktuvuk Pass, located in the 
        highlands of the central Brooks Range, is virtually surrounded 
        by these national park and wilderness lands and is the only 
        Native village located within the boundary of a National Park 
        System unit in Alaska.
            (2) Unlike most other Alaskan Native communities, the 
        village of Anaktuvuk Pass is not located on a major river, 
        lake, or coastline that can be used as a means of access. The 
        residents of Anaktuvuk Pass have relied increasingly on snow 
        machines in winter and all-terrain vehicles in summer as their 
        primary means of access to pursue caribou and other subsistence 
        resources.
            (3) In a 1983 land exchange agreement, linear easements 
        were reserved by the Inupiat Eskimo people for use of all-
        terrain vehicles across certain national park lands, mostly 
        along stream and river banks. These linear easements proved 
        unsatisfactory, because they provided inadequate access to 
        subsistence resources while causing excessive environmental 
        impact from concentrated use.
            (4) The National Park Service and the Nunamiut Corporation 
        initiated discussions in 1985 to address concerns over the use 
        of all-terrain vehicles on park and wilderness land. These 
        discussions resulted in an agreement, originally executed in 
        1992 and thereafter amended in 1993 and 1994, among the 
        National Park Service, Nunamiut Corporation, the City of 
        Anaktuvuk Pass, and Arctic Slope Regional Corporation. Full 
        effectuation of this agreement, as amended, by its terms 
        requires ratification by the Congress.
    (b) Ratification of Agreement.--
            (1) Ratification.--
                    (A) In general.--The terms, conditions, procedures, 
                covenants, reservations and other provisions set forth 
                in the document entitled ``Donation, Exchange of Lands 
                and Interests in Lands and Wilderness Redesignation 
                Agreement Among Arctic Slope Regional Corporation, 
                Nunamiut Corporation, City of Anaktuvuk Pass and the 
                United States of America'' (hereinafter referred to in 
                this section as ``the Agreement''), executed by the 
                parties on December 17, 1992, as amended, are hereby 
                incorporated in this title, are ratified and confirmed, 
                and set forth the obligations and commitments of the 
                United States, Arctic Slope Regional Corporation, 
                Nunamiut Corporation and the City of Anaktuvuk Pass, as 
                a matter of Federal law.
                    (B) Land acquisition.--Lands acquired by the United 
                States pursuant to the Agreement shall be administered 
                by the Secretary of the Interior (hereinafter referred 
                to as the ``Secretary'') as part of Gates of the Arctic 
                National Park and Preserve, subject to the laws and 
                regulations applicable thereto.
            (2) Maps.--The maps set forth as Exhibits C1, C2, and D 
        through I to the Agreement depict the lands subject to the 
        conveyances, retention of surface access rights, access 
        easements and all-terrain vehicle easements. These lands are 
        depicted in greater detail on a map entitled ``Land Exchange 
        Actions, Proposed Anaktuvuk Pass Land Exchange and Wilderness 
        Redesignation, Gates of the Arctic National Park and 
        Preserve'', Map No. 185/80,039, dated April 1994, and on file 
        at the Alaska Regional Office of the National Park Service and 
        the offices of Gates of the Arctic National Park and Preserve 
        in Fairbanks, Alaska. Written legal descriptions of these lands 
        shall be prepared and made available in the above offices. In 
        case of any discrepancies, Map No. 185/80,039 shall be 
        controlling.
    (c) National Park System Wilderness.--
            (1) Gates of the arctic wilderness.--
                    (A) Redesignation.--Section 701(2) of the Alaska 
                National Interest Lands Conservation Act (94 Stat. 
                2371, 2417) establishing the Gates of the Arctic 
                Wilderness is hereby amended with the addition of 
                approximately 56,825 acres as wilderness and the 
                rescission of approximately 73,993 acres as wilderness, 
                thus revising the Gates of the Arctic Wilderness to 
                approximately 7,034,832 acres.
                    (B) Map.--The lands redesignated by subparagraph 
                (A) are depicted on a map entitled ``Wilderness 
                Actions, Proposed Anaktuvuk Pass Land Exchange and 
                Wilderness Redesignation, Gates of the Arctic National 
                Park and Preserve'', Map No. 185/80,040, dated April 
                1994, and on file at the Alaska Regional Office of the 
                National Park Service and the office of Gates of the 
                Arctic National Park and Preserve in Fairbanks, Alaska.
            (2) Noatak national preserve.--Section 201(8)(a) of the 
        Alaska National Interest Land Conservation Act (94 Stat. 2380) 
        is amended by--
                    (A) striking ``approximately six million four 
                hundred and sixty thousand acres'' and inserting in 
                lieu thereof ``approximately 6,477,168 acres''; and
                    (B) inserting ``and the map entitled ``Noatak 
                National Preserve and Noatak Wilderness Addition'' 
                dated September 1994'' after ``July 1980''.
            (3) Noatak wilderness.--Section 701(7) of the Alaska 
        National Interest Lands Conservation Act (94 Stat. 2417) is 
        amended by striking ``approximately five million eight hundred 
        thousand acres'' and inserting in lieu thereof ``approximately 
        5,817,168 acres''.
    (d) Conformance With Other Law.--
            (1) Alaska native claims settlement act.--All of the lands, 
        or interests therein, conveyed to and received by Arctic Slope 
        Regional Corporation or Nunamiut Corporation pursuant to the 
        Agreement shall be deemed conveyed and received pursuant to 
        exchanges under section 22(f) of the Alaska Native Claims 
        Settlement Act, as amended (43 U.S.C. 1601, 1621(f)). All of 
        the lands or interests in lands conveyed pursuant to the 
        Agreement shall be conveyed subject to valid existing rights.
            (2) Alaska national interest lands conservation act.--
        Except to the extent specifically set forth in this section or 
        the Agreement, nothing in this section or in the Agreement 
        shall be construed to enlarge or diminish the rights, 
        privileges, or obligations of any person, including 
        specifically the preference for subsistence uses and access to 
        subsistence resources provided under the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).

SEC. 302. ALASKA PENINSULA SUBSURFACE CONSOLIDATION.

    (a) Definitions.--As used in this section:
            (1) Agency.--The term agency--
                    (A) means any instrumentality of the United States, 
                and 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) Federal lands or interest therein.--The term ``Federal 
        lands or interests therein'' means any lands or properties 
        owned by the United States (A) which are administered by the 
        Secretary, or (B) which are subject to a lease to third 
        parties, or (C) which have been made available to the Secretary 
        for exchange under this section through the concurrence of the 
        director of the agency administering such lands or properties: 
        Provided however, That excluded from such lands shall be those 
        lands which are within an existing conservation system unit as 
        defined in section 102(4) of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3102(4)), and those lands the 
        mineral interest for which are currently under mineral lease.
            (4) Koniag.--The term ``Koniag'' means Koniag, 
        Incorporated, which is a regional Corporation.
            (5) 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)).
            (6) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
            (7) Selection rights.--The term ``selection rights'' means 
        those rights granted to Koniag, and confirmed as valid 
        selections (within Koniag's entitlement) 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.
    (b) Valuation of Koniag Selection Rights.--
            (1) In general.--Pursuant to paragraph (2) of this 
        subsection, the Secretary shall value the Selection Rights 
        which Koniag possesses within the boundaries of Aniakchak 
        National Monument and Preserve, Alaska Peninsula National 
        Wildlife Refuge, and Becharof National Wildlife Refuge.
            (2) Value.--
                    (A) In general.--The value of the selection rights 
                shall be equal to the fair market value of--
                            (i) the oil and gas interests in the lands 
                        or interests in lands that are the subject of 
                        the selection rights; and
                            (ii) 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.
                    (B) Appraisal.--
                            (i) Selection of appraiser.--
                                    (I) In general.--Not later than 90 
                                days after the date of enactment of 
                                this section the Secretary and Koniag 
                                shall meet to select a qualified 
                                appraiser to conduct an appraisal of 
                                the selection rights. Subject to 
                                subclause (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 subclause (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.
                            (ii) Standards and methodology.--The 
                        appraisal shall 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)).
                            (iii) Submission of appraisal report.--Not 
                        later than 180 days after the selection of an 
                        appraiser pursuant to clause (i), 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.
                    (C) Determination of value.--
                            (i) Determination by the secretary.--Not 
                        later than 60 days after the date of the 
                        receipt of the appraisal report under 
                        subparagraph (B)(iii), the Secretary shall 
                        determine the value of the selection rights and 
                        shall notify Koniag of the determination.
                            (ii) Alternative determination of value.--
                                    (I) In general.--Subject to 
                                subclause (II), if Koniag does not 
                                agree with the value determined by the 
                                Secretary under clause (i), 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 less than the value 
                                utilizing the risk adjusted discount 
                                cash flow methodology, but in no event 
                                may exceed $300.
    (c) Koniag Account.--
            (1) In general.--(A) 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 Selection Rights.
            (B) If the value of the Federal property to be exchanged is 
        less than the value of the Selection Rights established in 
        subsection (b), and if such Federal property to be exchanged is 
        not generating receipts to the Federal Government in excess of 
        $1,000,000 per year, then the Secretary may exchange the 
        Federal property for that portion of the Selection Rights 
        having a value equal to that of the Federal property. The 
        remaining selection rights shall remain available for 
        additional exchanges.
            (C) For the purposes of any exchange to be consummated 
        under this section, if less than all the selection rights are 
        being exchanged, then the value of the selection rights being 
        exchanged shall be equal to the number of acres of selection 
        rights being exchanged multiplied by a fraction, the numerator 
        of which is the value of all the selection rights as determined 
        pursuant to subsection (b) hereof and the denominator of which 
        is the total number of acres of selection rights.
            (2) Additional exchanges.--If, after 10 years from the date 
        of the enactment of this section, the Secretary was unable to 
        conclude such exchanges as may be required to acquire all of 
        the selection rights, he shall conclude exchanges for the 
        remaining selection rights for such Federal property as may be 
        identified by Koniag, which property is available for transfer 
        to the administrative jurisdiction of the Secretary under any 
        provision of law and which property, at the time of the 
        proposed transfer to Koniag is not generating receipts to the 
        Federal Government in excess of $1,000,000 per year. The 
        Secretary shall keep Koniag advised in a timely manner as to 
        which properties may be available for such transfer. Upon 
        receipt of such identification by Koniag, the Secretary shall 
        request in a timely manner the transfer of such identified 
        property to the administrative jurisdiction of the Department 
        of the Interior. Such property shall not be subject to the 
        geographic limitations of section 206(b) of the Federal Land 
        Policy and Management Act and may be retained by the Secretary 
        solely for purposes of transferring it to Koniag to complete 
        the exchange. Should the value of the property so identified by 
        Koniag be in excess of the value of the remaining selection 
        rights, then Koniag shall have the option of (A) declining to 
        proceed with the exchange and identifying other property, or 
        (B) paying the difference in value between the property rights.
            (3) Revenues.--Any property received by Koniag in an 
        exchange entered into pursuant to paragraph (1) or (2) 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.): Provided however, That should Koniag make 
        a payment to equalize the value in any such exchange, then 
        Koniag will be deemed to hold an undivided interest in the 
        property equal in value to such payment which interest shall 
        not be subject to the provisions of section 7(i) of that Act.
    (d) Authority To Appoint and Remove Trustee.--In establishing a 
Settlement Trust under section 39 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1629c), Koniag may delegate, in whole or in 
part, 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 trust as a Settlement Trust under such section.

            Passed the House of Representatives July 30, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.