[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1015 Reported in Senate (RS)]



                                                       Calendar No. 176

105th CONGRESS

  1st Session

                                S. 1015

_______________________________________________________________________

                                 A BILL

 To provide for the exchange of lands within Admiralty Island National 
                   Monument, and for other purposes.

_______________________________________________________________________

                           September 24, 1997

                       Reported with an amendment
                                                       Calendar No. 176
105th CONGRESS
  1st Session
                                S. 1015

 To provide for the exchange of lands within Admiralty Island National 
                   Monument, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 1997

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

                           September 24, 1997

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for the exchange of lands within Admiralty Island National 
                   Monument, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Hood Bay Land Exchange Act 
of 1997''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress makes the following findings:</DELETED>
        <DELETED>    (1) The Alaska National Interest Lands 
        Conservation Act established the Admiralty Island National 
        Monument which is managed by the United States Forest 
        Service.</DELETED>
        <DELETED>    (2) The Forest Service has established a policy of 
        encouraging the acquisition of private land inholdings within 
        Admiralty Island National Monument on a willing buyer/willing 
        seller basis. Congress has supported this policy, for example 
        by passage of the Greens Creek Land Exchange Act of 1996 which 
        provided for a land exchange of certain public and private 
        lands in Admiralty Island National Monument.</DELETED>
        <DELETED>    (3) Hood Bay, which is located on Admiralty 
        Island, is available for transfer to Federal ownership on a 
        willing seller/willing buyer basis. The acquisition of Hood Bay 
        would provide Federal ownership of this very valuable land in a 
        critical area of Admiralty Island National Monument.</DELETED>
        <DELETED>    (4) Transfer of the Federal Government's 
        reversionary interest in land in Silver Bay near Sitka, Alaska, 
        to Alaska Pulp Corporation will facilitate transfer of a 
        portion of that land by Alaska Pulp Corporation to Sitka, 
        Alaska.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    As used in this Act--</DELETED>
        <DELETED>    (1) the term ``ANILCA'' means the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 3101 et 
        seq.);</DELETED>
        <DELETED>    (2) the term ``Company'' means the Alaska Pulp 
        Corporation, an Alaska corporation;</DELETED>
        <DELETED>    (3) the term ``Company Property'' means the 
        property depicted on the map entitled ``Hood Bay Exchange 
        Lands'', dated May </DELETED>____<DELETED>, 1997, consisting of 
        approximately 50 acres of land.</DELETED>
        <DELETED>    (4) the term ``Federal Property'' means the 
        reversionary interest of the United States described in 
        paragraphs (6) and (7) of the patent dated October 18, 1960, 
        granted by the Bureau of Land Management to Alaska Lumber & 
        Pulp Co., which was recorded at Book 15, Pages 271-23, Sitka 
        Recording District on November 9, 1960;</DELETED>
        <DELETED>    (5) the term ``Monument'' means the Admiralty 
        Island National Monument, which is managed as a unit of the 
        United States Forest System and was established by section 503 
        of ANILCA;</DELETED>
        <DELETED>    (6) the term ``Secretary'' means the Secretary of 
        Agriculture;</DELETED>
        <DELETED>    (7) the term ``Sitka'' means the city and borough 
        of Sitka, Alaska, a home-rule borough formed in accordance with 
        the laws of the State of Alaska.</DELETED>
        <DELETED>    (8) the term ``Sitka Property'' means the property 
        depicted on the map entitled ``Sitka Lands'', dated May 
        </DELETED>____<DELETED>, 1997, consisting of approximately 
        </DELETED>____ <DELETED>acres of land.</DELETED>

<DELETED>SEC. 4. LAND EXCHANGE AND TRANSFER.</DELETED>

<DELETED>    (a) Exchange of Company and Federal Property.--Not later 
than 60 days after the Company transfers all right, title, and interest 
of the Company in and to the Company Property to the United States, the 
Secretary shall transfer to the Company all right, title, and interest 
of the United States in and to the Federal Property.</DELETED>
<DELETED>    (b) Transfer of Property to Sitka.--Upon transfer of the 
Federal Property to the Company under subsection (a), the Company shall 
transfer all right, title, and interest of the Company in the Sitka 
Property to Sitka.</DELETED>
<DELETED>    (c) Availability of Maps.--The map referred to in section 
3(3) depicting the Company Property and the map referred to in section 
3(8) depicting the Sitka Property shall be on file and available for 
public inspection in the office of the Supervisor of the Chatham Area, 
Tongass National Forest in Sitka, Alaska.</DELETED>

<DELETED>SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO 
              LAND EXCHANGE.</DELETED>

<DELETED>    (a) Surveys.--Notwithstanding any other provision of law, 
the Secretary may conduct and approve all cadastral surveys that are 
necessary for completion of the exchange.</DELETED>
<DELETED>    (b) Waiver of Additional Consideration.--The values of the 
Federal Property and the Company Property are not deemed to be of equal 
value. The value of the Company Property is deemed to exceed the value 
of the Federal Property. As a condition of this exchange, the Company 
shall waive any additional consideration not provided in this 
Act.</DELETED>
<DELETED>    (c) Administration.--The Secretary is authorized to 
implement and administer the rights and obligations of the United 
States under the Agreement.</DELETED>
<DELETED>    (d) Savings Provisions.--Implementation of this Act shall 
not be deemed a major Federal action significantly affecting the 
quality of the human environment, nor shall implementation require 
further consideration pursuant to the National Historic Preservation 
Act, title VIII of ANILCA, or any other law.</DELETED>

<DELETED>SEC. 6. ADMINISTRATION OF LAND ACQUIRED BY THE UNITED 
              STATES.</DELETED>

<DELETED>    After transfer to the United States pursuant to section 
4(a)--</DELETED>
        <DELETED>    (1) the Company Property shall be added to and 
        administered as part of the Admiralty Island National Monument; 
        and</DELETED>
        <DELETED>    (2) the portions of the Company Property located 
        within the Admiralty Island Wilderness area shall be added to 
        and administered as part of such wilderness area.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hood Bay Land Exchange Act of 
1997''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The Alaska National Interest Lands Conservation Act 
        established the Admiralty Island National Monument which is 
        managed by the Secretary of Agriculture, by and through the 
        Forest Service.
            (2) The Forest Service has established a policy of 
        encouraging the acquisition of private land inholdings within 
        Admiralty Island National Monument on a willing buyer/willing 
        seller basis. Congress has supported this policy, for example 
        by passage of the Greens Creek Land Exchange Act of 1996 which 
        provided for a land exchange of certain public and private 
        lands in Admiralty Island National Monument.
            (3) Lands owned by Alaska Pulp Corporation, consisting of 
        54 acres, more or less, located in Hood Bay on Admiralty Island 
        within the boundaries of the Kootznoowoo Wilderness are 
        available for transfer to Federal ownership on a willing 
        seller/willing buyer basis. The acquisition of these lands 
        would provide Federal ownership of this very valuable land in a 
        critical area of Admiralty Island National Monument.
            (4) The United States is the owner of certain reversionary 
        interests of 143.87 acres, more or less, located adjacent to 
        Silver Bay near Sitka, Alaska, which interests were reserved in 
        patent No. 1213671 issued to Alaska Pulp Corporation on October 
        18, 1960. The transfer of the reversionary interests of the 
        United States in such lands adjacent to Silver Bay to the 
        Alaska Pulp Corporation would facilitate future use and 
        development of that land.
            (5) The future acquisition by the United States of the 
        Chaik Bay property on Admiralty Island to be incorporated into 
        the Kootznoowoo Wilderness would be in the public interest.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``ANILCA'' means the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3101 et seq.).
            (2) The term ``Company'' means the Alaska Pulp Corporation, 
        an Alaska corporation, its successors, and assigns.
            (3) The term ``Company Property'' means the property 
        depicted on United States Survey Plat 1058 approved March 20, 
        1917, consisting of approximately 54 acres of land.
            (4) The term ``Federal Property'' means the revisionary 
        interest of the United States described in paragraphs (6) and 
        (7) of the patent dated October 18, 1960, granted by the Bureau 
        of Land Management to Alaska Lumber & Pulp Co., which was 
        recorded at Book 15, Pages 271-273, Sitka Recording District on 
        November 9, 1960. The term ``Federal Property'' does not 
        include the interests described in paragraphs (1) through (5) 
        of the said patent.
            (5) The term ``Monument'' means the Admiralty Island 
        National Monument, which was established by section 503 of 
        ANILCA and which is managed by the Secretary of Agriculture as 
        a unit of the National Forest System.
            (6) The term ``Secretary'' means the Secretary of 
        Agriculture.
            (7) The term ``Sitka'' means the city and borough of Sitka, 
        Alaska, a home-rule borough formed in accordance with the laws 
        of the State of Alaska.
            (8) The term ``Sitka Property'' means the property depicted 
        on the maps entitled ``Sitka Property'', dated August 29, 1997, 
        consisting of approximately 49 acres of land.

SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT.

    (a) Exchange of Company and Federal Property.--After the Company 
conveys to the United States, by general warranty deed, all right, 
title, and interest of the Company in and to the Company Property, the 
Secretary shall within 60 days of acceptance of delivery of said deed, 
unconditionally and without limitation except as provided herein, 
relinquish to the Company all right, title, and interest of the United 
States in and to the Federal Property and shall evidence that 
relinquishment by conveying to the Company a quitclaim deed to the 
Federal Property.
    (b) Relinquishment of Property to Sitka.--Upon relinquishment of 
the Federal Property to the Company under subsection (a), the Company 
shall transfer all right, title, and interest of the Company in the 
Sitka Property to Sitka.
    (c) Availability of Maps.--The maps referred to in section 3(3), 
depicting the Company Property, and in section 3(4), depicting the 
Federal Property, shall be on file and available for public inspection 
in the Office of the Forest Supervisor, Chatham Area, Tongass National 
Forest, in Sitka, Alaska. The Maps referred to in section 3(8), 
depicting the Sitka Property, shall be on file in the office of the 
Manager of the City and Borough of Sitka until the conveyance described 
in subsection (b), at which time the map shall be recorded along with 
the deed.

SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND 
              EXCHANGE.

    (a) Surveys.--Notwithstanding any other provision of law, the 
Secretary of the Interior may conduct and approve all cadastral surveys 
that are necessary for completion of the exchange. The cost of any 
surveys shall be borne by the Company.
    (b) Equal Value Exchange.--The values of the Federal Property and 
the Company Property are deemed to be of equal value.
    (c) Administration.--The Secretary is directed to implement and 
administer the rights and obligations of the United States under this 
Act.
    (d) Cleanup Obligations.--Nothing in this Act shall impact or alter 
the Company's rights, duties, and obligations regarding investigation, 
remediation, cleanup, and restoration under its September 10, 1995, 
Commitment Agreement with the State of Alaska or other applicable law. 
The Company shall use its property consistent with all restrictive 
covenants, including those restrictive covenants recorded on September 
4, 1997.
    (e) Title Standards.--Title to the Company Property to be conveyed 
to the United States shall be acceptable to the Secretary consistent 
with the title review standard of the Attorney General of the United 
States.

SEC. 6. GENERAL PROVISIONS.

    (a) Management of Company Property.--Upon acquisition of the 
Company Property by the United States pursuant to this Act, said 
Property shall be managed as a part of the Admiralty Island National 
Monument and the Kootznoowoo Wilderness.
    (b) Authorization To Negotiate for Acquisition of Property.--In 
furtherance of the purposes of the Kootznoowoo Wildnerness, the 
Secretary, acting through the Forest Service, is authorized to enter 
into negotiations with the owners of private property in the Chaik Bay 
on Admiralty Island, with the objective of acquiring such property. The 
Secretary is authorized to enter into an option to purchase or exchange 
agreement with the owners of such property to be effected either 
through existing administrative mechanisms provided by law and 
regulation, or by subsequent ratification by Act of Congress.