[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 400 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                              June 30 (legislative day, June 19), 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
400) entitled ``An Act to provide for the exchange of lands within 
Gates of the Arctic National Park and Preserve, and for other 
purposes'', do pass with the following

                               AMENDMENT:
            Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anaktuvuk Pass Land Exchange and 
Wilderness Redesignation Act of 1995''.

   TITLE I--ANAKTUVUK PASS LAND EXCHANGE AND WILDERNESS REDESIGNATION

SEC. 101. 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.

SEC. 102. RATIFICATION OF AGREEMENT.

    (a) Ratification.--
            (1) 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 Act as ``the Agreement''), executed by the 
        parties on December 17, 1992, as amended, are hereby 
        incorporated in this Act, 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.
            (2) 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.
    (b) 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.

SEC. 103. NATIONAL PARK SYSTEM WILDERNESS.

    (a) Gates of the Arctic Wilderness.--
            (1) 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.
            (2) Map.--The lands redesignated by paragraph (1) 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.
    (b) Noatak National Preserve.--Section 201(8)(a) of the Alaska 
National Interest Land Conservation Act (94 Stat. 2380) is amended by--
            (1) striking ``approximately six million four hundred and 
        sixty thousand acres'' and inserting in lieu thereof 
        ``approximately 6,477,168 acres''; and
            (2) inserting ``and the map entitled `Noatak National 
        Preserve and Noatak Wilderness Addition' dated September 1994'' 
        after ``July 1980''.
    (c) 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''.

SEC. 104. CONFORMANCE WITH OTHER LAW.

    (a) 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.
    (b) Alaska National Interest Lands Conservation Act.--Except to the 
extent specifically set forth in this Act or the Agreement, nothing in 
this Act 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.).

          TITLE II--ALASKA PENINSULA SUBSURFACE CONSOLIDATION

SEC. 201. 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) Federal lands or interest therein.--The term ``Federal 
        lands or interests therein'' means any lands or properties 
        owned by the United States (i) which are administered by the 
        Secretary, or (ii) which are subject to a lease to third 
        parties, or (iii) 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 interests 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, 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. 202. VALUATION OF KONIAG SELECTION RIGHTS.

    (a) Pursuant to the provisions of subsection (b) hereof, 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.
    (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 
                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)).
                    (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 less than the value utilizing the risk 
                        adjusted discount cash flow methodology, but in 
                        no event may exceed $300.

SEC. 203. KONIAG EXCHANGE.

    (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 selection 
        rights.
            (2) if the value of the Federal property to be exchanged is 
        less than the value of the selection rights established in 
        section 202, and if such Federal property to be exchanged is 
        not generating receipts to the Federal Government in excess of 
        $1,000,000 per year, than 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.
            (3) For the purposes of any exchange to be consummated 
        under this title II, if less than all of 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 section 202 hereof and the denominator 
        of which is the total number of acres of selection rights.
    (b) Additional Exchanges.--If, after ten years from the date of 
enactment of this Act, the Secretary has been 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 the 
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 (i) declining to proceed with the exchange and identifying 
other property or (ii) paying the difference in value between the 
property and the selection rights.
    (c) Revenues.--Any property received by Koniag in an exchange 
entered into pursuant to subsection (a) or (b) of this section 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).

SEC. 204. CERTAIN CONVEYANCES.

    (a) Interests in Land.--For the purposes of section 21(c) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the receipt of 
consideration, including, but not limited to, lands, cash or other 
property, by a Native Corporation for the relinquishment to the United 
States of land selection rights granted to any Native Corporation under 
such Act shall be deemed to be an interest in land.
    (b) Authority to Appoint and Remove Trustees.--In establishing a 
Settlement Trust under section 39 of such 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.

                       TITLE III--STERLING FOREST

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Sterling Forest Protection Act of 
1995''.

SEC. 302. FINDINGS.

    The Congress finds that--
            (1) the Palisades Interstate Park Commission was 
        established pursuant to a joint resolution of the 75th Congress 
        approved in 1937 (Public Resolution No. 65; ch. 706; 50 Stat. 
        719), and chapter 170 of the Laws of 1937 of the State of New 
        York and chapter 148 of the Laws of 1937 of the State of New 
        Jersey;
            (2) the Palisades Interstate Park Commission is responsible 
        for the management of 23 parks and historic sites in New York 
        and New Jersey, comprising over 82,000 acres;
            (3) over 8,000,000 visitors annually seek outdoor 
        recreational opportunities within the Palisades Park System;
            (4) Sterling Forest is a biologically diverse open space on 
        the New Jersey border comprising approximately 17,500 acres, 
        and is a highly significant watershed area for the State of New 
        Jersey, providing the source for clean drinking water for 25 
        percent of the State;
            (5) Sterling Forest is an important outdoor recreational 
        asset in the northeastern United States, within the most 
        densely populated metropolitan region in the Nation;
            (6) Sterling Forest supports a mixture of hardwood forests, 
        wetlands, lakes, glaciated valleys, is strategically located on 
        a wildlife migratory route, and provides important habitat for 
        27 rare or endangered species;
            (7) the protection of Sterling Forest would greatly enhance 
        the Appalachian National Scenic Trail, a portion of which 
        passes through Sterling Forest, and would provide for enhanced 
        recreational opportunities through the protection of lands 
        which are an integral element of the trail and which would 
        protect important trail viewsheds;
            (8) stewardship and management costs for units of the 
        Palisades Park System are paid for by the States of New York 
        and New Jersey; thus, the protection of Sterling Forest through 
        the Palisades Interstate Park Commission will involve a minimum 
        of Federal funds;
            (9) given the nationally significant watershed, outdoor 
        recreational, and wildlife qualities of Sterling Forest, the 
        demand for open space in the northeastern United States, and 
        the lack of open space in the densely populated tri-state 
        region, there is a clear Federal interest in acquiring the 
        Sterling Forest for permanent protection of the watershed, 
        outdoor recreational resources, flora and fauna, and open 
        space; and
            (10) such an acquisition would represent a cost effective 
        investment, as compared with the costs that would be incurred 
        to protect drinking water for the region should the Sterling 
        Forest be developed.

SEC. 303. PURPOSES.

    The purposes of this title are--
            (1) to establish the Sterling Forest Reserve in the State 
        of New York to protect the significant watershed, wildlife, and 
        recreational resources within the New York-New Jersey highlands 
        region;
            (2) to authorize Federal funding, through the Department of 
        the Interior, for a portion of the acquisition costs for the 
        Sterling Forest Reserve;
            (3) to direct the Palisades Interstate Park Commission to 
        convey to the Secretary of the Interior certain interests in 
        lands acquired within the Reserve; and
            (4) to provide for the management of the Sterling Forest 
        Reserve by the Palisades Interstate Park Commission.

SEC. 304 DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the 
        Palisades Interstate Park Commission established pursuant to 
        Public Resolution No. 65 approved August 19, 1937 (ch. 707; 50 
        Stat. 719).
            (2) Reserve.--The term ``Reserve'' means the Sterling 
        Forest Reserve.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 305. ESTABLISHMENT OF THE STERLING FOREST RESERVE.

    (a) Establishment.--Upon the certification by the Commission to the 
Secretary that the Commission has acquired sufficient lands or 
interests therein to constitute a manageable unit, there is established 
the Sterling Forest Reserve in the State of New York.
    (b) Map.--
            (1) Composition.--The Reserve shall consist of lands and 
        interests therein acquired by the Commission within the 
        approximately 17,500 acres of lands as generally depicted on 
        the map entitled ``Boundary Map, Sterling Forest Reserve'', 
        numbered SFR-60,001 and dated July 1, 1994.
            (2) Availability for public inspection.--The map described 
        in paragraph (1) shall be on file and available for public 
        inspection in the offices of the Commission and the appropriate 
        offices of the National Park Service.
    (c) Transfer of Funds.--Subject to subjection (d), the Secretary 
shall transfer to the Commission such funds as are appropriated for the 
acquisition of lands and interests therein within the Reserve.
    (d) Conditions of Funding.--
            (1) Agreement by the commission.--Prior to the receipt of 
        any Federal funds authorized by this Act, the Commission shall 
        agree to the following:
                    (A) Conveyance of lands in event of failure to 
                manage.--If the Commission fails to manage the lands 
                acquired within the Reserve in a manner that is 
                consistent with this title, the Commission shall convey 
                fee title to such lands to the United States, and the 
                agreement stated in this subparagraph shall be recorded 
                at the time of purchase of all lands acquired within 
                the Reserve.
                    (B) Consent of owners.--No lands or interest in 
                land may be acquired with any Federal funds authorized 
                or transferred pursuant to this title except with the 
                consent of the owner of the land or interest in land.
                    (C) Inability to acquire lands.--If the Commission 
                is unable to acquire all of the lands within the 
                Reserve, to the extent Federal funds are utilized 
                pursuant to this title, the Commission shall acquire 
                all or a portion of the lands identified as ``National 
                Park Service Wilderness Easement Lands'' and ``National 
                Park Service Conservation Easement Lands'' on the map 
                described in section 305(b) before proceeding with the 
                acquisition of any other lands within the Reserve.
                    (D) Conveyance of easement.--Within 30 days after 
                acquiring any of the lands identified as ``National 
                Park Service Wilderness Easement Lands'' and ``National 
                Park Service Conservation Easement Lands'' on the map 
                described in section 305(b), the Commission shall 
                convey to the United States--
                            (i) conservation easements on the lands 
                        described as ``National Park Service Wilderness 
                        Easement Lands'' on the map described in 
                        section 305(b), which easements shall provide 
                        that the lands shall be managed to protect 
                        their wilderness character; and
                            (ii) conservation easements on the lands 
                        described as ``National Park Service 
                        Conservation Easement Lands'' on the map 
                        described in section 305(b), which easements 
                        shall restrict and limit development and use of 
                        the property to that development and use that 
                        is--
                                    (I) compatible with the protection 
                                of the Appalachian National Scenic 
                                Trail; and
                                    (II) consistent with the general 
                                management plan prepared pursuant to 
                                section 306(b).
            (2) Matching funds.--Funds may be transferred to the 
        Commission only to the extent that they are matched from funds 
        contributed by non-Federal sources.

SEC. 306. MANAGEMENT OF THE RESERVE.

    (a) In General.--The Commission shall manage the lands acquired 
within the Reserve in a manner that is consistent with the Commission's 
authorities and with the purposes of this title.
    (b) General Management Plan.--Within 3 years after the date of 
enactment of this title, the Commission shall prepare a general 
management plan for the Reserve and submit the plan to the Secretary 
for approval.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this title, to remain available until 
expended.
    (b) Land Acquisition.--Of amounts appropriated pursuant to 
subsection (a), the Secretary may transfer to the Commission not more 
than $17,500,000 for the acquisition of lands and interests in land 
within the Reserve.
            Attest:

                                                             Secretary.
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104th CONGRESS

  1st Session

                               H. R. 400

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                               AMENDMENT