[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1889 Reported in Senate (RS)]





                                                       Calendar No. 593

104th CONGRESS

  2d Session

                                S. 1889

_______________________________________________________________________

                                 A BILL

   To authorize the exchange of certain lands conveyed to the Kenai 
  Natives Association pursuant to the Alaska Native Claims Settlement 
  Act, to make adjustments to the National Wilderness System, and for 
                            other purposes.

_______________________________________________________________________

                           September 13, 1996

                       Reported with an amendment





                                                       Calendar No. 593
104th CONGRESS
  2d Session
                                S. 1889

   To authorize the exchange of certain lands conveyed to the Kenai 
  Natives Association pursuant to the Alaska Native Claims Settlement 
  Act, to make adjustments to the National Wilderness System, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 1996

 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 13, 1996

              Reported by Mr. Murkowski, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To authorize the exchange of certain lands conveyed to the Kenai 
  Natives Association pursuant to the Alaska Native Claims Settlement 
  Act, to make adjustments to the National Wilderness System, 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 ``Kenai Natives Association Equity Act 
Amendments of 1996''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The United States Fish and Wildlife Service and Kenai 
        Natives Association, Inc., have agreed to transfers of certain 
        land rights, in and near the Kenai National Wildlife Refuge, 
        negotiated as directed by Public Law 102-458.
            (2) The lands to be acquired by the Service are within the 
        area impacted by the Exxon Valdez oil spill of 1989, and these 
        lands included important habitat for various species of fish 
        and wildlife for which significant injury resulting from the 
        spill has been documented through the EVOS Trustee Council 
        restoration process. This analysis has indicated that these 
        lands generally have value for the restoration of such injured 
        natural resources as pink salmon, dolly varden, bald eagles, 
        river otters, and cultural and archaeological resources. This 
        analysis has also indicated that these lands generally have 
        high value for the restoration of injured species that rely on 
        these natural resources, including wilderness quality, 
        recreation, tourism, and subsistence.
            (3) Restoration of the injured species will benefit from 
        acquisition and the prevention of disturbances which may 
        adversely affect their recovery.
            (4) It is in the public interest to complete the 
        conveyances provided for in this Act.
    (b) Purpose.--The purpose of this Act is to authorize and direct 
the Secretary, at the election of KNA, to complete the conveyances 
provided for in this Act.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the term--
            (1) ``ANCSA'' means the Alaska Native Claims Settlement Act 
        of 1971 (43 U.S.C. 1601 et seq.);
            (2) ``ANILCA'' means the Alaska National Interest Lands 
        Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.);
            (3) ``conservation system unit'' has the same meaning as in 
        section 102(4) of ANILCA (16 U.S.C. 3102(4));
            (4) ``CIRI'' means the Cook Inlet Region, Inc., a Native 
        Regional Corporation incorporated in the State of Alaska 
        pursuant to the terms of ANCSA;
            (5) ``EVOS'' means the Exxon Valdez oil spill;
            (6) ``KNA'' means the Kenai Natives Association, Inc., an 
        urban corporation incorporated in the State of Alaska pursuant 
        to the terms of ANCSA;
            (7) ``lands'' means any lands, waters, or interests 
        therein;
            (8) ``Refuge'' means the Kenai National Wildlife Refuge;
            (9) ``Secretary'' means the Secretary of the Interior;
            (10) ``Service'' means the United States Fish and Wildlife 
        Service; and
            (11) ``Terms and Conditions'' means the Terms and 
        Conditions for Land Consolidation and Management in the Cook 
        Inlet Area, as clarified on August 31, 1976, ratified by 
        section 12 of Public Law 94-204 (43 U.S.C. 1611 note).

SEC. 4. ACQUISITION OF LANDS.

    (a) Offer to KNA.--
            (1) In general.--Subject to the availability of the funds 
        identified in subsection (b)(3), no later than 90 days after 
        the date of enactment of this Act, the Secretary shall offer to 
        convey to KNA the interests in land and rights set forth in 
        subsection (b)(2), subject to valid existing rights, in return 
        for the conveyance by KNA to the United States of the interests 
        in land or relinquishment of ANCSA selections set forth in 
        subsection (b)(1). Payment for the lands conveyed to the United 
        States by KNA is contingent upon KNA's acceptance of the entire 
        conveyance outlined herein.
            (2) Limitation.--The Secretary may not convey any lands or 
        make payment to KNA under this section unless title to the 
        lands to be conveyed by KNA under this Act has been found by 
        the United States to be sufficient in accordance with the 
        provisions of section 355 of the Revised Statutes (40 U.S.C. 
        255).
    (b) Acquisition Lands.--
            (1) Lands to be conveyed to the united states.--The lands 
        to be conveyed by KNA to the United States, or the valid 
        selection rights under ANCSA to be relinquished, all situated 
        within the boundary of the Refuge, are the following:
                    (A) The conveyance of approximately 803 acres 
                located along and on islands within the Kenai River, 
                known as the Stephanka Tract.
                    (B) The conveyance of approximately 1,243 acres 
                located along the Moose River, known as the Moose River 
                Patented Lands Tract.
                    (C) The relinquishment of KNA's selection known as 
                the Moose River Selected Tract, containing 
                approximately 753 acres located along the Moose River.
                    (D) The relinquishment of KNA's remaining ANCSA 
                entitlement of approximately 454 acres.
                    (E) The relinquishment of all KNA's remaining 
                overselections. Upon completion of all relinquishments 
                outlined above, all KNA's entitlement shall be deemed 
                to be extinguished and the completion of this 
                acquisition will satisfy all of KNA's ANCSA 
                entitlement.
                    (F) The conveyance of an access easement providing 
                the United States and its assigns access across KNA's 
                surface estate in the SW\1/4\ of section 21, T. 6 N., 
                R. 9 W., Seward Meridian, Alaska.
                    (G) The conveyance of approximately 100 acres 
                within the Beaver Creek Patented Tract, which is 
                contiguous to lands being retained by the United States 
                contiguous to the Beaver Creek Patented Tract, in 
                exchange for 180 acres of Service lands currently 
                situated within the Beaver Creek Selected Tract.
            (2) Lands to be conveyed to kna.--The rights provided or 
        lands to be conveyed by the United States to KNA, are the 
        following:
                    (A) The surface and subsurface estate to 
                approximately 5 acres, subject to reservations of 
                easements for existing roads and utilities, located 
                within the city of Kenai, Alaska, identified as United 
                States Survey 1435, withdrawn by Executive Order 2934, 
                and known as the old Fish and Wildlife Service 
                Headquarters site.
                    (B) The remaining subsurface estate held by the 
                United States to approximately 13,811 acres, including 
                portions of the Beaver Creek Patented Tract, the Beaver 
                Creek Selected Tract, and portions of the Swanson River 
                Road West Tract and the Swanson River Road East Tract, 
                where the surface was previously or will be conveyed to 
                KNA pursuant to this Act. The conveyance of these 
                subsurface interests will be subject to the rights of 
                CIRI to the coal, oil, and gas, and to all rights CIRI, 
                its successors, and assigns would have under paragraph 
1(B) of the Terms and Conditions, including the right to sand and 
gravel, to construct facilities, to have rights-of-way, and to 
otherwise develop its subsurface interests.
                    (C)(i) The nonexclusive right to use sand and 
                gravel which is reasonably necessary for onsite 
                development without compensation or permit on those 
                portions of the Swanson River Road East Tract, 
                comprising approximately 1,738.04 acres; where the 
                entire subsurface of the land is presently owned by the 
                United States. The United States shall retain the 
                ownership of all other sand and gravel located within 
                the subsurface and KNA shall not sell or dispose of 
                such sand and gravel.
                    (ii) The right to excavate within the subsurface 
                estate as reasonably necessary for structures, 
                utilities, transportation systems, and other 
                development of the surface estate.
                    (D) The nonexclusive right to excavate within the 
                subsurface estate as reasonably necessary for 
                structures, utilities, transportation systems, and 
                other development of the surface estate on the SW\1/4\, 
                section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska, 
                where the entire subsurface of the land is owned by the 
                United States and which public lands shall continue to 
                be withdrawn from mining following their removal from 
                the Refuge boundary under subsection (c)(1)(B). The 
                United States shall retain the ownership of all other 
                sand and gravel located within the subsurface of this 
                parcel.
                    (E) The surface estate of approximately 280 acres 
                known as the Beaver Creek Selected Tract. This tract 
                shall be conveyed to KNA in exchange for lands conveyed 
                to the United States as described in subsection 
                (b)(1)(B).
            (3) Payment.--The United States shall make a total cash 
        payment to KNA for the above-described lands of $4,443,000, 
        contingent upon the appropriate approvals of the Federal or 
        State of Alaska EVOS Trustees (or both) necessary for any 
        expenditure of the EVOS settlement funds.
            (4) National register of historic places.--Upon completion 
        of the acquisition authorized in subsection (a), the Secretary 
        shall, at no cost to KNA, in coordination with KNA, promptly 
        undertake to nominate the Stephanka Tract to the National 
        Register of Historic Places, in recognition of the 
        archaeological artifacts from the original Dena'ina Settlement. 
        If the Department of the Interior establishes a historical, 
        cultural, or archaeological interpretive site, KNA shall have 
        the exclusive right to operate a Dena'ina interpretive site on 
        the Stephanka Tract under the regulations and policies of the 
        department. If KNA declines to operate such a site, the 
        department may do so under its existing authorities. Prior to 
        the department undertaking any archaeological activities 
        whatsoever on the Stephanka Tract, KNA shall be consulted.
    (c) General Provisions.--
            (1) Removal of kna lands from the national wildlife refuge 
        system.--
                    (A) Effective on the date of closing for the 
                Acquisition Lands identified in subsection (b)(2), all 
                lands retained by or conveyed to KNA pursuant to this 
                Act, and the subsurface interests of CIRI underlying 
                such lands shall be automatically removed from the 
                National Wildlife Refuge System and shall neither be 
                considered as part of the Refuge nor subject to any 
                laws pertaining solely to lands within the boundaries 
                of the Refuge. The conveyance restrictions imposed by 
                section 22(g) of ANCSA (i) shall then be ineffective 
                and cease to apply to such interests of KNA and CIRI, 
                and (ii) shall not be applicable to the interests 
                received by KNA in accordance with subsection (b)(2) or 
                to the CIRI interests underlying them. The Secretary 
                shall adjust the boundaries of the Refuge so as to 
                exclude all interests in lands retained or received in 
                exchange by KNA in accordance with this Act, including 
                both surface and subsurface, and shall also exclude all 
                interests currently held by CIRI. On lands within the 
                Swanson River Road East Tract, the boundary adjustment 
                shall only include the surface estate where the 
                subsurface estate is retained by the United States.
                    (B)(i) The Secretary, KNA, and CIRI shall execute 
                an agreement within 45 days of the date of enactment of 
                this Act which preserves CIRI's rights under paragraph 
                1(B)(1) of the Terms and Conditions, addresses CIRI's 
                obligations under such paragraph, and adequately 
                addresses management issues associated with the 
                boundary adjustment set forth in this Act and with the 
                differing interests in land resulting from enactment of 
                this Act.
                    (ii) In the event that no agreement is executed as 
                provided for in clause (i), solely for the purposes of 
                administering CIRI's rights under paragraph 1(B)(1) of 
                the Terms and Conditions, the Secretary and CIRI shall 
                be deemed to have retained their respective rights and 
                obligations with respect to CIRI's subsurface interests 
                under the requirements of the Terms and Conditions in 
                effect on June 18, 1996. Notwithstanding the boundary 
                adjustments made pursuant to this Act, conveyances to 
                KNA shall be deemed to remain subject to the 
                Secretary's and CIRI's rights and obligations under 
                paragraph 1(B)(1) of the Terms and Conditions.
                    (C) The Secretary is authorized to acquire by 
                purchase or exchange, on a willing seller basis only, 
                any lands retained by or conveyed to KNA. In the event 
                that any lands owned by KNA are subsequently acquired 
                by the United States, they shall be automatically 
                included in the Refuge System. The laws and regulations 
                applicable to Refuge lands shall then apply to these 
                lands and the Secretary shall then adjust the 
                boundaries accordingly.
                    (D) Nothing in this Act is intended to enlarge or 
                diminish the authorities, rights, duties, obligations, 
                or the property rights held by CIRI under the Terms and 
                Conditions, or otherwise except as set forth in this 
                Act. In the event of the purchase by the United States 
                of any lands from KNA in accordance with paragraph 
                (1)(B), the United States shall reassume from KNA the 
                rights it previously held under the Terms and 
                Conditions and the provisions in any patent 
                implementing section 22(g) of ANCSA will again apply.
                    (E) By virtue of implementation of this Act, CIRI 
                is deemed entitled to 1,207 acres of in-lieu subsurface 
                entitlement under section 12(a)(1) of ANCSA. Such 
                entitlement shall be fulfilled in accordance with 
                paragraph 1(B)(2)(A) of the Terms and Conditions.
            (2) Maps and legal descriptions.--Maps and a legal 
        description of the lands described above shall be on file and 
        available for public inspection in the appropriate offices of 
        the United States Department of the Interior, and the Secretary 
        shall, no later than 90 days after enactment of this Act, 
        prepare a legal description of the lands described in 
        subsection (b)(1)(G). Such maps and legal description shall 
        have the same force and effect as if included in the Act, 
        except that the Secretary may correct clerical and 
        typographical errors.
            (3) Acceptance.--KNA may accept the offer made in this Act 
        by notifying the Secretary in writing of its decision within 
        180 days of receipt of the offer. In the event the offer is 
        rejected, the Secretary shall notify the Committee on Resources 
        of the House of Representatives and the Committee on Energy and 
        Natural Resources and the Committee on Environment and Public 
        Works of the Senate.
            (4) Final maps.--Not later than 120 days after the 
        conclusion of the acquisition authorized by subsection (a), the 
        Secretary shall transmit a final report and maps accurately 
        depicting the lands transferred and conveyed pursuant to this 
        Act and the acreage and legal descriptions of such lands to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources and the Committee on 
        Environment and Public Works of the Senate.

SEC. 5. ADJUSTMENTS TO NATIONAL WILDERNESS SYSTEM.

    Upon acquisition of lands by the United States pursuant to section 
4(b)(1), that portion of the Stephanka Tract lying south and west of 
the Kenai River, consisting of approximately 592 acres, shall be 
included in and managed as part of the Kenai Wilderness and such lands 
shall be managed in accordance with the applicable provisions of the 
Wilderness Act and ANILCA.

<DELETED>SEC. 6. DESIGNATION OF LAKE TODATONTEN SPECIAL MANAGEMENT 
              AREA.</DELETED>

<DELETED>    (a) Purpose.--To balance the potential effects on fish, 
wildlife, and habitat of the removal of KNA lands from the Refuge 
System, the Secretary is hereby directed to withdraw, subject to valid 
existing rights, from location, entry, and patent under the mining laws 
and to create as a special management unit for the protection of fish, 
wildlife, and habitat, certain unappropriated and unreserved public 
lands, totaling approximately 37,000 acres adjacent to the west 
boundary of the Kanuti National Wildlife Refuge to be known as the 
``Lake Todatonten Special Management Area'', as depicted on the map 
entitled Proposed: Lake Todatonten Special Management Area, dated June 
13, 1996, and to be managed by the Bureau of Land Management.</DELETED>
<DELETED>    (b) Management.--</DELETED>
        <DELETED>    (1) Such designation is subject to all valid 
        existing rights as well as the subsistence preferences provided 
        under title VIII of ANILCA. Any lands conveyed to the State of 
Alaska shall be removed from the Lake Todatonten Special Management 
Area.</DELETED>
        <DELETED>    (2) The Secretary may permit any additional uses 
        of the area, or grant easements, only to the extent that such 
        use, including leasing under the mineral leasing laws, is 
        determined to not detract from nor materially interfere with 
        the purposes for which the Special Management Area is 
        established.</DELETED>
        <DELETED>    (3)(A) The BLM shall establish the Lake Todatonten 
        Special Management Area Committee. The membership of the 
        Committee shall consist of 11 members as follows:</DELETED>
                <DELETED>    (i) Two residents each from the villages 
                of ALatna, Allakaket, Hughes, and Tanana.</DELETED>
                <DELETED>    (ii) One representative from each of Doyon 
                Corporation, the Tanana Chiefs Conference, and the 
                State of Alaska.</DELETED>
        <DELETED>    (B) Members of the Committee shall serve without 
        pay.</DELETED>
        <DELETED>    (C) The BLM shall hold meetings of the Lake 
        Todatonten Special Management Area Committee at least once per 
        year to discuss management issues within Special Management 
        Area. The BLM shall not allow any new type of activity in the 
        Special Management Area without first conferring with the 
        Committee in a timely manner.</DELETED>
<DELETED>    (c) Access.--The Secretary shall allow the 
following:</DELETED>
        <DELETED>    (1) Private access for any purpose, including 
        economic development, to lands within the boundaries of the 
        Special Management Area which are owned by third parties or are 
        held in trust by the Secretary for third parties pursuant to 
        the Alaska Native Allotment Act (25 U.S.C. 336). Such rights 
        may be subject to restrictions issued by the BLM to protect 
        subsistence uses of the Special Management Area.</DELETED>
        <DELETED>    (2) Existing public access across the Special 
        Management Area. Section 1110(a) of ANILCA shall apply to the 
        Special Management Area.</DELETED>
<DELETED>    (c) Secretarial Order and Maps.--The Secretary shall file 
with the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources and the Committee on 
Environment and Public Works of the Senate, the Secretarial Order and 
maps setting forth the boundaries of the Area within 90 days of the 
completion of the acquisition authorized by this Act. Once established, 
this Order may only be amended or revoked by Act of Congress.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out the 
purposes of this Act.</DELETED>

SEC. 6. DESIGNATION OF LAKE TODATONTEN SPECIAL MANAGEMENT AREA.

    (a) Purpose.--To offset the removal of KNA lands from the Refuge 
System, the Secretary is hereby authorized to withdraw, subject to 
valid existing rights, and to create as a special management unit for 
uses other than wilderness, including the protection of fish, wildlife, 
and habitat, certain unappropriated and unreserved public lands, 
totaling approximately 15,500 acres adjacent to the west boundary of 
the Kanuti National Wildlife Refuge to be known as the ``Lake 
Todatonten Special Management Area'', from the 37,000 acres as depicted 
on the map entitled ``Proposed: Lake Todatonten Special Management 
Area'', dated June 13, 1996, and to be managed by the Bureau of Land 
Management. Such withdrawal shall not include any validly selected land 
by the State of Alaska or Alaska Native Corporation or any lands that 
the Secretary determines has mineral potential based on surveys 
conducted or to be conducted by the United States Geological Survey. 
Such withdrawals shall not occur, however, until the Secretary has 
complied with the requirements of subparagraphs (1) through (12) of 
paragraph 204(c)(2) of FLPMA. The Secretary may study the remaining 
lands within the area depicted on the map for future potential 
withdrawal pursuant to section 204 of FLPMA.
    (b) Management.--
            (1) Such designation is subject to all valid existing 
        rights including R.S. 2477 Rights-of-Way, as well as the 
        subsistence preferences provided under title VIII of ANILCA.
            (2)(A) The Bureau of Land Management shall establish the 
        Lake Todatonten Special Management Area Committee. The 
        membership of the Committee shall consist of 11 members as 
        follows:
                    (i) Two residents each from the villages of Alatna, 
                Allakaket, Hughes, and Tanana.
                    (ii) One representative from each of Doyon 
                Corporation, the Tanana Chiefs Conference, and the 
                State of Alaska.
            (B) Members of the Committee shall serve without pay.
                    (C) The Bureau of Land Management shall hold 
                meetings of the Lake Todatonten Special Management Area 
                Committee at least once per year to discuss management 
                issues within the Special Management Area. The Bureau 
                of Land Management shall not allow any new type of 
                activity in the Special Management Area without first 
                conferring with the Committee in a timely manner.
    (c) Access.--The Secretary shall allow the following:
            (1) Private access for any purpose, including economic 
        development, to lands within the boundaries of the Special 
        Management Area which are owned by third parties or are held in 
        trust by the Secretary for third parties pursuant to the Alaska 
        Native Allotment Act (25 U.S.C. 336). Such rights may be 
        subject to restrictions issued by the Bureau of Land Management 
        to protect subsistence uses of Special Management Area.
            (2) Section 1110 of ANILCA shall apply to the Special 
        Management Area.
    (d) Secretarial Order and Maps.--The Secretary shall file with the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources, the Secretarial Order and 
maps setting forth the boundaries of the Area within 90 days of the 
completion of the acquisition authorized by this Act. Once established, 
this Order may only be amended or revoked by Act of Congress.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the purposes of 
this Act.