[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2222 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                S. 2222

_______________________________________________________________________

                                 AN ACT


 
    To resolve certain conveyances and provide for alternative land 
  selections under the Alaska Native Claims Settlement Act related to 
 Cape Fox Corporation and Sealaska Corporation, 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--CAPE FOX LAND ENTITLEMENT ADJUSTMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Cape Fox Land Entitlement 
Adjustment Act of 2002''.

SEC. 102. FINDINGS.

    Congress finds that:
            (1) Cape Fox Corporation (Cape Fox) is an Alaska Native 
        Village Corporation organized pursuant to the Alaska Native 
        Claims Settlement Act (ANCSA) (43 U.S.C. 1601 et seq.) for the 
        Native Village of Saxman.
            (2) As with other ANCSA village corporations in Southeast 
        Alaska, Cape Fox was limited to selecting 23,040 acres under 
        section 16 of ANCSA.
            (3) Except for Cape Fox, all other Southeast Alaska ANCSA 
        village corporations were restricted from selecting within two 
        miles of a home rule city.
            (4) To protect the watersheds in the vicinity of Ketchikan, 
        Cape Fox was restricted from selecting lands within six miles 
        from the boundary of the home rule City of Ketchikan under 
        section 22(1) of ANCSA (43 U.S.C. 1621(1)).
            (5) The six mile restriction damaged Cape Fox by precluding 
        the corporation from selecting valuable timber lands, 
        industrial sites, and other commercial property, not only in 
        its core township but in surrounding lands far removed from 
        Ketchikan and its watershed.
            (6) As a result of the 6 mile restriction, only the remote 
        mountainous northeast corner of Cape Fox's core township, which 
        is nonproductive and of no known economic value, was available 
        for selection by the corporation. Selection of this parcel was, 
        however, mandated by section 16(b) of ANCSA (43 U.S.C. 
        1615(b)).
            (7) Cape Fox's land selections were further limited by the 
        fact that the Annette Island Indian Reservation is within its 
        selection area, and those lands were unavailable for ANCSA 
        selection. Cape Fox is the only ANCSA village corporation 
        affected by this restriction.
            (8) Adjustment of Cape Fox's selections and conveyances of 
        land under ANCSA requires adjustment of Sealaska Corporation's 
        (Sealaska) selections and conveyances to avoid creation of 
        additional split estate between National Forest System surface 
        lands and Sealaska subsurface lands.
            (9) There is an additional need to resolve existing areas 
        of Sealaska/Tongass split estate, in which Sealaska holds title 
        or conveyance rights to several thousand acres of subsurface 
        lands that encumber management of Tongass National Forest 
        surface lands.
            (10) The Tongass National Forest lands identified in this 
        title for selection by and conveyance to Cape Fox and Sealaska, 
        subject to valid existing rights, provide a means to resolve 
        some of the Cape Fox and Sealaska ANCSA land entitlement issues 
        without significantly affecting Tongass National Forest 
        resources, uses or values.
            (11) Adjustment of Cape Fox's selections and conveyances of 
        land under ANCSA through the provisions of this title, and the 
        related adjustment of Sealaska's selections and conveyances 
        hereunder, are in accordance with the purposes of ANCSA and 
        otherwise in the public interest.

SEC. 103. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LANDS.

    Notwithstanding the provisions of section 16(b) of ANCSA (43 U.S.C. 
1615(b)), Cape Fox shall not be required to select or receive 
conveyance of approximately 160 acres of Federal unconveyed lands 
within Section 1, T. 75 S., R. 91 E., C.R.M.

SEC. 104. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.

    (a) Selection and Conveyance of Surface Estate.--In addition to 
lands made available for selection under ANCSA, within 24 months after 
the date of enactment of this Act, Cape Fox may select, and, upon 
receiving written notice of such selection, the Secretary of the 
Interior shall convey approximately 99 acres of the surface estate of 
Tongass National Forest lands outside Cape Fox's current exterior 
selection boundary, specifically that parcel described as follows:
            (1) T. 73 S., R. 90 E., C.R.M.
            (2) Section 33: SW portion of SE\1/4\: 38 acres.
            (3) Section 33: NW portion of SE\1/4\: 13 acres.
            (4) Section 33: SE\1/4\ of SE\1/4\: 40 acres.
            (5) Section 33: SE\1/4\ of SW\1/4\: 8 acres.
    (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox 
of the surface estate to the lands identified in subsection (a), the 
Secretary of the Interior shall convey to Sealaska the subsurface 
estate to the lands.
    (c) Timing.--The Secretary of the Interior shall complete the 
interim conveyances to Cape Fox and Sealaska under this section within 
180 days after the Secretary of the Interior receives notice of the 
Cape Fox selection under subsection (a).

SEC. 105. EXCHANGE OF LANDS BETWEEN CAPE FOX AND THE TONGASS NATIONAL 
              FOREST.

    (a) General.--The Secretary of Agriculture shall offer, and if 
accepted by Cape Fox, shall exchange the Federal lands described in 
subsection (b) for lands and interests therein identified by Cape Fox 
under subsection (c) and, to the extent necessary, lands and interests 
therein identified under subsection (d).
    (b) Lands To Be Exchanged to Cape Fox.--The lands to be offered for 
exchange by the Secretary of Agriculture are Tongass National Forest 
lands comprising approximately 2,663.9 acres in T. 36 S., R. 62 E., 
C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map 
entitled ``Proposed Kensington Project Land Exchange'', dated March 18, 
2002, and available for inspection in the Forest Service Region 10 
regional office in Juneau, Alaska.
    (c) Lands To Be Exchanged to the United States.--Cape Fox shall be 
entitled, within 60 days after the date of enactment of this Act, to 
identify in writing to the Secretaries of Agriculture and the Interior 
the lands and interests in lands that Cape Fox proposes to exchange for 
the Federal lands described in subsection (b). The lands and interests 
in lands shall be identified from lands previously conveyed to Cape Fox 
comprising approximately 2,900 acres and designated as parcels A-1 to 
A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA 
Land Exchange Proposal'', dated March 15, 2002, and available for 
inspection in the Forest Service Region 10 regional office in Juneau, 
Alaska. Lands identified for exchange within each parcel shall be 
contiguous to adjacent National Forest System lands and in reasonably 
compact tracts. The lands identified for exchange shall include a 
public trail easement designated as D on said map, unless the Secretary 
of Agriculture agrees otherwise. The value of the easement shall be 
included in determining the total value of lands exchanged to the 
United States.
    (d) Valuation of Exchange Lands.--The Secretary of Agriculture 
shall determine whether the lands identified by Cape Fox under 
subsection (c) are equal in value to the lands described in subsection 
(b). If the lands identified under subsection (c) are determined to 
have insufficient value to equal the value of the lands described in 
subsection (b), Cape Fox and the Secretary shall mutually identify 
additional Cape Fox lands for exchange sufficient to equalize the value 
of lands conveyed to Cape Fox. Such land shall be contiguous to 
adjacent National Forest System lands and in reasonably compact tracts.
    (e) Conditions.--The offer and conveyance of Federal lands to Cape 
Fox in the exchange shall, notwithstanding section 14(f) of ANCSA, be 
of the surface and subsurface estate, but subject to valid existing 
rights and all other provisions of section 14(g) of ANCSA.
    (f) Timing.--The Secretary of Agriculture shall attempt, within 90 
days after the date of enactment of this Act, to enter into an 
agreement with Cape Fox to consummate the exchange consistent with this 
title. The lands identified in the exchange agreement shall be 
exchanged by conveyance at the earliest possible date after the 
exchange agreement is signed. Subject only to conveyance from Cape Fox 
to the United States of all its rights, title and interests in the Cape 
Fox lands included in the exchange consistent with this title, the 
Secretary of the Interior shall complete the interim conveyance to Cape 
Fox of the Federal lands included in the exchange within 180 days after 
the execution of the exchange agreement by Cape Fox and the Secretary 
of Agriculture.

SEC. 106. EXCHANGE OF LANDS BETWEEN SEALASKA AND THE TONGASS NATIONAL 
              FOREST.

    (a) General.--Upon conveyance of the Cape Fox lands included in the 
exchange under section 105 and conveyance and relinquishment by 
Sealaska in accordance with this title of the lands and interests in 
lands described in subsection (c), the Secretary of the Interior shall 
convey to Sealaska the Federal lands identified for exchange under 
subsection (b).
    (b) Lands To Be Exchanged to Sealaska.--The lands to be exchanged 
to Sealaska are to be selected by Sealaska from Tongass National Forest 
lands comprising approximately 9,329 acres in T. 36 S., R. 62 E., 
C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M., 
as designated upon a map entitled ``Proposed Sealaska Corporation Land 
Exchange Kensington Lands Selection Area'', dated April 2002 and 
available for inspection in the Forest Service Region 10 Regional 
Office in Juneau, Alaska. Within 60 days after receiving notice of the 
identification by Cape Fox of the exchange lands under section 105(c), 
Sealaska shall be entitled to identify in writing to the Secretaries of 
Agriculture and the Interior the lands that Sealaska selects to receive 
in exchange for the Sealaska lands described in subsection (c). Lands 
selected by Sealaska shall be in no more than two contiguous and 
reasonably compact tracts that adjoin the lands described for exchange 
to Cape Fox in section 105(b). The Secretary of Agriculture shall 
determine whether these selected lands are equal in value to the lands 
described in subsection (c) and may adjust the amount of selected lands 
in order to reach agreement with Sealaska regarding equal value. The 
exchange conveyance to Sealaska shall be of the surface and subsurface 
estate in the lands selected and agreed to by the Secretary but subject 
to valid existing rights and all other provisions of section 14(g) of 
ANCSA.
    (c) Lands To Be Exchanged to the United States.--The lands and 
interests therein to be exchanged by Sealaska are the subsurface estate 
underlying the Cape Fox exchange lands described in section 105(c), an 
additional approximately 2,506 acres of the subsurface estate 
underlying Tongass National Forest surface estate, described in Interim 
Conveyance No. 1673, and rights to be additional approximately 2,698 
acres of subsurface estate of Tongass National Forest lands remaining 
to be conveyed to Sealaska from Group 1, 2 and 3 lands as set forth in 
the Sealaska Corporation/United States Forest Service Split Estate 
Exchange Agreement of November 26, 1991, at Schedule B, as modified on 
January 20, 1995.
    (d) Timing.--The Secretary of Agriculture shall attempt, within 90 
days after receipt of the selection of lands by Sealaska under 
subsection (b), to enter into an agreement with Sealaska to consummate 
the exchange consistent with this title. The lands identified in the 
exchange agreement shall be exchanged by conveyance at the earliest 
possible date after the exchange agreement is signed. Subject only to 
the Cape Fox and Sealaska conveyances and relinquishments described in 
subsection (a), the Secretary of the Interior shall complete the 
interim conveyance to Sealaska of the Federal lands selected for 
exchange within 180 days after execution of the agreement by Sealaska 
and the Secretary of Agriculture.
    (e) Modification of Agreement.--The executed exchange agreement 
under this section shall be considered a further modification of the 
Sealaska Corporation/United States Forest Service Split Estate Exchange 
Agreement, as ratified in section 17 of Public Law 102-415 (October 14, 
1992).

SEC. 107. MISCELLANEOUS PROVISIONS.

    (a) Equal Value Requirement.--The exchanges described in this title 
shall be of equal value. Cape Fox and Sealaska shall have the 
opportunity to present to the Secretary of Agriculture estimates of 
value of exchange lands with supporting information.
    (b) Title.--Cape Fox and Sealaska shall convey and provide evidence 
of title satisfactory to the Secretary of Agriculture for their 
respective lands to be exchanged to the United States under this title, 
subject only to exceptions, reservations and encumbrances in the 
interim conveyance or patent from the United States or otherwise 
acceptable to the Secretary of Agriculture.
    (c) Hazardous Substances.--Cape Fox, Sealaska, and the United 
States each shall not be subject to liability for the presence of any 
hazardous substance in land or interests in land solely as a result of 
any conveyance or transfer of the land or interests under this title.
    (d) Effect on ANCSA Selections.--Any conveyance of Federal surface 
or subsurface lands to Cape Fox or Sealaska under this title shall be 
considered, for all purposes, land conveyed pursuant to ANCSA. Nothing 
in this title shall be construed to change the total acreage of land 
entitlement of Cape Fox or Sealaska under ANCSA. Cape Fox and Sealaska 
shall remain charged for any lands they exchange under this title and 
any lands conveyed pursuant to section 4, but shall not be charged for 
any lands received under section 5 or section 6. The exchanges 
described in this title shall be considered, for all purposes, actions 
which lead to the issuance of conveyances to Native Corporations 
pursuant to ANCSA. Lands or interests therein transferred to the United 
States under this title shall become and be administered as part of the 
Tongass National Forest.
    (e) Effect on Statehood Selections.--Lands conveyed to or selected 
by the State of Alaska under the Alaska Statehood Act (Public Law 85-
508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for 
selection or conveyance under this title without the consent of the 
State of Alaska.
    (f) Maps.--The maps referred to in this title shall be maintained 
on file in the Forest Service Region 10 Regional Office in Juneau, 
Alaska. The acreages cited in this title are approximate, and if there 
is any discrepancy between cited acreage and the land depicted on the 
specified maps, the maps shall control. The maps do not constitute an 
attempt by the United States to convey State or private land.
    (g) Easements.--Notwithstanding section 17(b) of ANCSA, Federal 
lands conveyed to Cape Fox or Sealaska pursuant to this title shall be 
subject only to the reservation of public easements mutually agreed to 
and set forth in the exchange agreements executed under this title. The 
easements shall include easements necessary for access across the lands 
conveyed under this title for use of national forest or other public 
lands.
    (h) Old Growth Reserves.--The Secretary of Agriculture shall add an 
equal number of acres to old growth reserves on the Tongass National 
Forest as are transferred out of Federal ownership as a result of this 
title.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Agriculture.--There are authorized to be 
appropriated to the Secretary of Agriculture such sums as may be 
necessary for value estimation and related costs of exchanging lands 
specified in this title, and for road rehabilitation, habitat and 
timber stand improvement, including thinning and pruning, on lands 
acquired by the United States under this title.
    (b) Department of the Interior.--There are authorized to be 
appropriated to the Secretary of the Interior such sums as may be 
necessary for land surveys and conveyances pursuant to this title.

           TITLE II--LAND CONVEYANCE TO CLARK COUNTY, NEVADA

SEC. 201. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA.

    (a) Findings.--Congress finds that--
            (1) the Las Vegas area has experienced such rapid growth in 
        the last few years that traditional locations for target 
        shooting are now too close to populated areas for safety;
            (2) there is a need to designate a centralized location in 
        the Las Vegas valley where target shooters can practice safely; 
        and
            (3) a central facility is also needed for persons training 
        in the use of firearms, such as local law enforcement and 
        security personnel.
    (b) Purposes.--The purposes of this title are--
            (1) to provide a suitable location for the establishment of 
        a centralized shooting facility in the Las Vegas valley; and
            (2) to provide the public with--
                    (A) opportunities for education and recreation; and
                    (B) a location for competitive events and 
                marksmanship training.
    (c) Conveyance.--As soon as practicable after the date of enactment 
of this Act, the Secretary of the Interior shall convey to Clark 
County, Nevada, subject to valid existing rights, for no consideration, 
all right, title, and interest of the United States in and to the 
following parcels of land:
            (1) the approximately 640 acres of land depicted as ``Site 
        Location'' on the map entitled ``Shooting Range, Las Vegas 
        Valley'' and dated October 2, 2002 (hereinafter referred to as 
        the ``Map''), to be conveyed under the Recreation and Public 
        Purposes Act (43 U.S.C. 869), notwithstanding subsection (b) of 
        the Act, to the extent there is any conflict with this 
        subsection; and
            (2) the approximately 2,240 acres of land depicted as 
        ``Open Space'' on the Map.
    (d) Use of Land.--
            (1) Shooting range.--The land depicted as ``Site Location'' 
        on the Map shall be used by Clark County for the purposes 
        described in subsection (b) only.
            (2) Open space.--The land depicted as ``Open Space'' on the 
        Map shall be used by Clark County solely to provide open space, 
        wildlife habitat, and a buffer around the shooting range 
        facility.
            (3) Disposal.--None of the land conveyed under subsection 
        (c) shall be disposed of by the County.
            (4) Reversion.--If Clark County ceases to use any parcel 
        for the purposes described in this subsection, or attempts to 
        dispose of any parcel, title to the parcel shall revert to the 
        United States, at the option of the United States.
    (e) Additional Terms and Conditions.--The Secretary of the Interior 
may require such additional terms and conditions in connection with the 
conveyance as the Secretary considers appropriate to protect the 
interests of the United States.

      TITLE III--BLUNT RESERVOIR AND PIERRE CANAL LAND CONVEYANCE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Blunt Reservoir and Pierre Canal 
Land Conveyance Act of 2002''.

SEC. 302. BLUNT RESERVOIR AND PIERRE CANAL.

    (a) Definitions.--In this section:
            (1) Blunt reservoir feature.--The term ``Blunt Reservoir 
        feature'' means the Blunt Reservoir feature of the Oahe Unit, 
        James Division, authorized by the Act of August 3, 1968 (82 
        Stat. 624), as part of the Pick-Sloan Missouri River Basin 
        program.
            (2) Commission.--The term ``Commission'' means the 
        Commission of Schools and Public Lands of the State.
            (3) Nonpreferential lease parcel.--The term 
        ``nonpreferential lease parcel'' means a parcel of land that--
                    (A) was purchased by the Secretary for use in 
                connection with the Blunt Reservoir feature or the 
                Pierre Canal feature; and
                    (B) was considered to be a nonpreferential lease 
                parcel by the Secretary as of January 1, 2001, and is 
                reflected as such on the roster of leases of the Bureau 
                of Reclamation for 2001.
            (4) Pierre canal feature.--The term ``Pierre Canal 
        feature'' means the Pierre Canal feature of the Oahe Unit, 
        James Division, authorized by the Act of August 3, 1968 (82 
        Stat. 624), as part of the Pick-Sloan Missouri River Basin 
        program.
            (5) Preferential leaseholder.--The term ``preferential 
        leaseholder'' means a person or descendant of a person that 
        held a lease on a preferential lease parcel as of January 1, 
        2001, and is reflected as such on the roster of leases of the 
        Bureau of Reclamation for 2001.
            (6) Preferential lease parcel.--The term ``preferential 
        lease parcel'' means a parcel of land that--
                    (A) was purchased by the Secretary for use in 
                connection with the Blunt Reservoir feature or the 
                Pierre Canal feature; and
                    (B) was considered to be a preferential lease 
                parcel by the Secretary as of January 1, 2001, and is 
                reflected as such on the roster of leases of the Bureau 
                of Reclamation for 2001.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (8) State.--The term ``State'' means the State of South 
        Dakota, including a successor in interest of the State.
            (9) Unleased parcel.--The term ``unleased parcel'' means a 
        parcel of land that--
                    (A) was purchased by the Secretary for use in 
                connection with the Blunt Reservoir feature or the 
                Pierre Canal feature; and
                    (B) is not under lease as of the date of enactment 
                of this Act.
    (b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
    (c) Acceptance of Land and Obligations.--
            (1) In general.--As a condition of each conveyance under 
        subsections (d)(5) and (e), respectively, the State shall agree 
        to accept--
                    (A) in ``as is'' condition, the portions of the 
                Blunt Reservoir Feature and the Pierre Canal Feature 
                that pass into State ownership;
                    (B) any liability accruing after the date of 
                conveyance as a result of the ownership, operation, or 
                maintenance of the features referred to in subparagraph 
                (A), including liability associated with certain 
                outstanding obligations associated with expired 
                easements, or any other right granted in, on, over, or 
                across either feature; and
                    (C) the responsibility that the Commission will act 
                as the agent for the Secretary in administering the 
                purchase option extended to preferential leaseholders 
                under subsection (d).
            (2) Responsibilities of the state.--An outstanding 
        obligation described in paragraph (1)(B) shall inure to the 
        benefit of, and be binding upon, the State.
            (3) Oil, gas, mineral and other outstanding rights.--A 
        conveyance to the State under subsection (d)(5) or (e) or a 
        sale to a preferential leaseholder under subsection (d) shall 
        be made subject to--
                    (A) oil, gas, and other mineral rights reserved of 
                record, as of the date of enactment of this Act, by or 
                in favor of a third party; and
                    (B) any permit, license, lease, right-of-use, or 
                right-of-way of record in, on, over, or across a 
                feature referred to in paragraph (1)(A) that is 
                outstanding as to a third party as of the date of 
                enactment of this Act.
            (4) Additional conditions of conveyance to state.--A 
        conveyance to the State under subsection (d)(5) or (e) shall be 
        subject to the reservations by the United States and the 
        conditions specified in section 1 of the Act of May 19, 1948 
        (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for 
        the transfer of property to State agencies for wildlife 
        conservation purposes.
    (d) Purchase Option.--
            (1) In General.--A preferential leaseholder shall have an 
        option to purchase from the Commission, acting as an agent for 
        the Secretary, the preferential lease parcel that is the 
        subject of the lease.
            (2) Terms.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a preferential leaseholder may elect to purchase a 
                parcel on one of the following terms:
                            (i) Cash purchase for the amount that is 
                        equal to--
                                    (I) the value of the parcel 
                                determined under paragraph (4); minus
                                    (II) ten percent of that value.
                            (ii) Installment purchase, with 10 percent 
                        of the value of the parcel determined under 
                        paragraph (4) to be paid on the date of 
                        purchase and the remainder to be paid over not 
                        more than 30 years at 3 percent annual 
                        interest.
                    (B) Value under $10,000.--If the value of the 
                parcel is under $10,000, the purchase shall be made on 
                a cash basis in accordance with subparagraph (A)(i).
            (3) Option exercise period.--
                    (A) In general.--A preferential leaseholder shall 
                have until the date that is 5 years after enactment of 
                this Act to exercise the option under paragraph (1).
                    (B) Continuation of leases.--Until the date 
                specified in subparagraph (A), a preferential 
                leaseholder shall be entitled to continue to lease from 
                the Secretary the parcel leased by the preferential 
                leaseholder under the same terms and conditions as 
                under the lease, as in effect as of the date of 
                enactment of this Act.
            (4) Valuation.--
                    (A) In general.--The value of a preferential lease 
                parcel shall be its fair market value for agricultural 
                purposes determined by an independent appraisal, 
                exclusive of the value of private improvements made by 
                the leaseholders while the land was federally owned 
                before the date of the enactment of this Act, in 
                conformance with the Uniform Appraisal Standards for 
                Federal Land Acquisition.
                    (B) Fair market value.--Any dispute over the fair 
                market value of a property under subparagraph (A) shall 
                be resolved in accordance with section 2201.4 of title 
                43, Code of Federal Regulations.
            (5) Conveyance to the state.--
                    (A) In general.--If a preferential leaseholder 
                fails to purchase a parcel within the period specified 
                in paragraph (3)(A), the Secretary shall convey the 
                parcel to the State of South Dakota Department of Game, 
                Fish, and Parks.
                    (B) Wildlife habitat mitigation.--Land conveyed 
                under subparagraph (A) shall be used by the South 
                Dakota Department of Game, Fish, and Parks for the 
                purpose of mitigating the wildlife habitat that was 
                lost as a result of the development of the Pick-Sloan 
                project.
            (6) Use of proceeds.--Proceeds of sales of land under this 
        title shall be deposited as miscellaneous funds in the Treasury 
        and such funds shall be made available, subject to 
        appropriations, to the State for the establishment of a trust 
        fund to pay the county taxes on the lands received by the State 
        Department of Game, Fish, and Parks under the bill.
    (e) Conveyance of Nonpreferential Lease Parcels and Unleased 
Parcels.--
            (1) Conveyance by secretary to state.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                convey to the South Dakota Department of Game, Fish, 
                and Parks the nonpreferential lease parcels and 
                unleased parcels of the Blunt Reservoir and Pierre 
                Canal.
                    (B) Wildlife habitat mitigation.--Land conveyed 
                under subparagraph (A) shall be used by the South 
                Dakota Department of Game, Fish, and Parks for the 
                purpose of mitigating the wildlife habitat that was 
                lost as a result of the development of the Pick-Sloan 
                project.
            (2) Land exchanges for nonpreferential lease parcels and 
        unleased parcels.--
                    (A) In general.--With the concurrence of the South 
                Dakota Department of Game, Fish, and Parks, the South 
                Dakota Commission of Schools and Public Lands may allow 
                a person to exchange land that the person owns 
                elsewhere in the State for a nonpreferential lease 
                parcel or unleased parcel at Blunt Reservoir or Pierre 
                Canal, as the case may be.
                    (B) Priority.--The right to exchange 
                nonpreferential lease parcels or unleased parcels shall 
                be granted in the following order or priority:
                            (i) Exchanges with current lessees for 
                        nonpreferential lease parcels.
                            (ii) Exchanges with adjoining and adjacent 
                        landowners for unleased parcels and 
                        nonpreferential lease parcels not exchanged by 
                        current lessees.
                    (C) Easement for water conveyance structure.--As a 
                condition of the exchange of land of the Pierre Canal 
                Feature under this paragraph, the United States 
                reserves a perpetual easement to the land to allow for 
                the right to design, construct, operate, maintain, 
                repair, and replace a pipeline or other water 
                conveyance structure over, under, across, or through 
                the Pierre Canal feature.
    (f) Release from Liability.--
            (1) In general.--Effective on the date of conveyance of any 
        parcel under this title, the United States shall not be held 
        liable by any court for damages of any kind arising out of any 
        act, omission, or occurrence relating to the parcel, except for 
        damages for acts of negligence committed by the United States 
        or by an employee, agent, or contractor of the United States, 
        before the date of conveyance.
            (2) No additional liability.--Nothing in this section adds 
        to any liability that the United States may have under chapter 
        171 of title 28, United States Code (commonly known as the 
        ``Federal Tort Claims Act'').
    (g) Requirements Concerning Conveyance of Lease Parcels.--
            (1) Interim requirements.--During the period beginning on 
        the date of enactment of this Act and ending on the date of 
        conveyance of the parcel, the Secretary shall continue to lease 
        each preferential lease parcel or nonpreferential lease parcel 
        to be conveyed under this section under the terms and 
        conditions applicable to the parcel on the date of enactment of 
        this Act.
            (2) Provision of parcel descriptions.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall provide the State a full legal description of all 
        preferential lease parcels and nonpreferential lease parcels 
        that may be conveyed under this section.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this title $750,000 to reimburse the 
Secretary for expenses incurred in implementing this title, and such 
sums as are necessary to reimburse the Commission for expenses incurred 
implementing this title, not to exceed 10 percent of the cost of each 
transaction conducted under this title.

    TITLE IV--GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Glen Canyon National Recreation 
Area Boundary Revision Act of 2002''.

SEC. 402. GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION.

    (a) In General.--The first section of Public Law 92-593 (16 U.S.C. 
460dd; 86 Stat. 1311) is amended--
            (1) by striking ``That in'' and inserting ``SECTION 1. (a) 
        In''; and
            (2) by adding at the end the following:
    ``(b) In addition to the boundary change authority under subsection 
(a), the Secretary may acquire approximately 152 acres of private land 
in exchange for approximately 370 acres of land within the boundary of 
Glen Canyon National Recreation Area, as generally depicted on the map 
entitled ``Page One Land Exchange Proposal'', number 608/60573a-2002, 
and dated May 16, 2002. The map shall be on file and available for 
public inspection in the appropriate offices of the National Park 
Service. Upon conclusion of the exchange, the boundary of the 
recreation area shall be revised to reflect the exchange.''.
    (b) Change in Acreage Ceiling.--Such section is further amended by 
striking ``one million two hundred and thirty-six thousand eight 
hundred and eighty acres'' and inserting ``1,256,000 acres''.

                      TITLE V--WILD SKY WILDERNESS

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Wild Sky Wilderness Act of 2002''.

SEC. 502. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) Americans cherish the continued existence of diverse 
        wilderness ecosystems and wildlife found on their Federal lands 
        and share a strong sense of moral responsibility to protect 
        their wilderness heritage as an enduring resource to cherish, 
        protect, and bequeath undisturbed to future generations of 
        Americans.
            (2) The values an area of wilderness offer to this and 
        future generations of Americans are greatly enhanced to the 
        degree that the area is diverse in topography, elevation, life 
        zones and ecosystems, and to the extent that it offers a wide 
        range of outdoor recreational and educational opportunities 
        accessible in all seasons of the year.
            (3) Large blocks of wildlands embracing a wide range of 
        ecosystems and topography, including low-elevation forests, 
        have seldom remained undisturbed due to many decades of 
        development.
            (4) Certain wildlands on the western slope of the Cascade 
        Range in the Skykomish River valley of the State of Washington 
        offer an outstanding representation of the original character 
        of the forested landscape, ranging from high alpine meadows and 
        extremely rugged peaks to low-elevation mature and old-growth 
        forests, including groves with some of the largest and most 
        spectacular trees in Washington, with diameters of eight feet 
        and larger.
            (5) These diverse, thickly forested mountain slopes and 
        valleys of mature and old-growth trees in the Skykomish River 
        valley harbor nearly the full complement of the original 
        wildlife and fish species found by settlers of the 19th 
        century, including mountain goats, bald eagles, black bear, 
        pine marten, black-tailed deer, as well as rare and endangered 
        wildlife such as northern spotted owls and goshawks, Chinook 
        and Coho salmon, and steelhead and bull trout.
            (6) An ecologically and topographically diverse wilderness 
        area in the Skykomish River valley accessible in all seasons of 
        the year will be enjoyable to users of various kinds, such as 
        hikers, horse riders, hunters, anglers, and educational groups, 
        but also to the many who cherish clean water and clean air, 
        fish and wildlife (including endangered species such as wild 
        salmon), and pristine mountain and riverside scenery.
    (b) Statement of Policy.--Congress hereby declares that it is the 
policy of the United States--
            (1) to better serve the diverse wilderness and 
        environmental education needs of the people of the State of 
        Washington and its burgeoning metropolitan regions by granting 
        wilderness protection to certain lower elevation wildlands in 
        the Skykomish River valley of the State of Washington; and
            (2) to protect additional lands adjacent to the Henry M. 
        Jackson Wilderness designated by the Washington Wilderness Act 
        of 1984 (Public Law 98-339), in further tribute to the 
        ecologically enlightened vision of the distinguished Senator 
        from the State of Washington and former Chairman of the Senate 
        Committee on Energy and Natural Resources (formerly the Senate 
        Interior and Insular Affairs Committee).

SEC. 503. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Additions.--The following Federal lands in the State of 
Washington are hereby designated as wilderness and, therefore, as 
components of the National Wilderness Preservation System: Certain 
lands which compromise approximately 106,000 acres, as generally 
depicted on a map entitled ``Wild Sky Wilderness Proposal'', dated 
August 2002, which shall be known as the Wild Sky Wilderness.
    (b) Maps and Legal Descriptions.--As soon as practicable after the 
date of enactment of this Act, the Secretary of Agriculture shall file 
a map and a legal description for the wilderness area designated under 
this title with the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Resources of the United 
States House of Representatives. The map and description shall have the 
same force and effect as if included in this title, except that the 
Secretary of Agriculture may correct clerical and typographical errors 
in the legal description and map. The map and legal description shall 
be on file and available for public inspection in the office of the 
Chief of the Forest Service, Department of Agriculture.

SEC. 504. ADMINISTRATIVE PROVISIONS.

    (a) In General.--Subject to valid existing rights, lands designated 
as wilderness by this title shall be managed by the Secretary of 
Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.) and this title, except that, with respect to any wilderness areas 
designated by this title, any reference in the Wilderness Act to the 
effective date of the Wilderness Act shall be deemed to be a reference 
to the date of enactment of this Act.
    (b) New Trails.--(1) The Secretary of Agriculture shall consult 
with interested parties and shall establish a hiking trail plan 
designed to develop a system of hiking trails within or adjacent to or 
to provide access to the wilderness designated by this title in a 
manner consistent with the Wilderness Act, Public Law 88-577 (16 U.S.C. 
1131 et seq.).
    (2) Within 2 years after the date of enactment of this Act, the 
Secretary of Agriculture shall complete a report on the implementation 
of the hiking trail plan required under this title. This report shall 
include the identification of priority hiking trails for development.
    (c) Repeater Site.--Within the Wild Sky Wilderness, the Secretary 
of Agriculture is authorized to use helicopter access to construct and 
maintain a single communication repeater site to be used jointly by the 
Forest Service and Washington State's Snohomish County government to 
provide improved communication for safety and health purposes in a 
manner compatible with the preservation of the wilderness environment.
    (d) Float Plane Access.--As provided by section 4(d)(1) of the 
Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake 
Isabel, where such use has already become established, shall be 
permitted to continue subject to such reasonable restrictions as the 
Secretary of Agriculture deems desirable.

SEC. 505. AUTHORIZATION FOR LAND ACQUISITION.

    (a) In General.--(1) The Secretary of Agriculture is authorized to 
acquire lands and interests therein, by purchase, donation, or 
exchange, and shall give priority consideration to those lands 
identified as ``Priority Acquisition Lands'' on the map entitled ``Wild 
Sky Wilderness Proposal'', dated August 2002. The boundaries of the 
Snoqualmie National Forest and the Wild Sky Wilderness shall be 
adjusted to encompass any land acquired pursuant to this section.
    (2) Corridor.--Upon the acquisition by the Secretary of Agriculture 
of the two Priority Acquisition Lands parcels adjacent to the lands 
identified as the Corridor on the map entitled ``Wild Sky Wilderness 
Proposal'', dated August 2002, the boundary of the Wild Sky Wilderness 
shall be adjusted to encompass the Corridor.
    (b) Access.--Consistent with section 5(a) of the Wilderness Act 
(Public Law 88-577; 16 U.S.C. 1134(a)), the Secretary of Agriculture 
shall assure adequate access to private inholdings within the Wild Sky 
Wilderness.
    (c) Appraisal.--Valuation of private lands shall be determined 
without reference to any restrictions on access or use which arise out 
of designation as a wilderness area as a result of this title.

SEC. 506. LAND EXCHANGES.

    The Secretary of Agriculture shall exchange lands and interests in 
lands, as generally depicted on a map entitled ``Chelan County Public 
Utility District Exchange'' and dated May 22, 2002, with the Chelan 
County Public Utility District in accordance with the following 
provisions:
            (1) If the Chelan County Public Utility District, within 90 
        days after the date of enactment of this Act, offers to the 
        Secretary of Agriculture approximately 371.8 acres within the 
        Snoqualmie National Forest in the State of Washington, the 
        Secretary shall accept such lands.
            (2) Upon acceptance of title by the Secretary of 
        Agriculture to such lands and interests therein, the Secretary 
        of Agriculture shall convey to the Chelan County Public Utility 
        District a permanent easement, including helicopter access, 
        consistent with such levels as used as of the date of 
        enactment, to maintain an existing snowtel site on 1.82 acres 
        on the Wenatchee National Forest in the State of Washington.
            (3) The exchange directed by this title shall be 
        consummated if Chelan County Public Utility District conveys 
        title acceptable to the Secretary and provided there is no 
        hazardous material on the site, which is objectionable to the 
        Secretary.
            (4) In the event Chelan County Public Utility District 
        determines there is no longer a need to maintain a snowtel site 
        to monitor the snow pack for calculating expected runoff into 
        the Lake Chelan hydroelectric project and the hydroelectric 
        projects in the Columbia River Basin, the Secretary shall be 
        notified in writing and the easement shall be extinguished and 
        all rights conveyed by this exchange shall revert to the United 
        States.

           TITLE VI--CONVEYANCE TO THE CITY OF CRAIG, ALASKA

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Craig Recreation Land Purchase 
Act''.

SEC. 602. AUTHORIZATION FOR CONVEYANCE.

    If the City of Craig, Alaska (``City'') tenders all right, title 
and interest of the City in and to the municipal lands identified on 
the map entitled ``Sunnahae Property and Trail'', dated April 22, 1992 
and labeled Attachment A, to the Secretary of Agriculture 
(``Secretary'') within 6 months of the date the City receives the 
results of the appraisal conducted pursuant to section 604, the 
Secretary shall accept such tender.

SEC. 603. ACQUISITION OF LAND BY THE CITY OF CRAIG.

    (a) Funds received by the City under section 602 shall be used by 
the City for the purchase of lands shown on the map entitled ``Wards 
Cove Property'', dated March 24, 1969 and labeled attachment B.
    (b) The purchase of lands by the City under subsection (a) shall be 
for an amount equal to the appraised value of the lands conveyed to the 
Secretary by the City, except that the Secretary and the City may 
equalize the values by adjusting acreage or by payments not to exceed 
$100,000.

SEC. 604. APPRAISAL.

    Prior to any conveyance, the Secretary shall conduct an appraisal 
of the lands identified for conveyance by the City in accordance with 
the United States Department of Justice Uniform Standards of Appraisal 
and shall notify the City of the results of the appraisal.

SEC. 605. MANAGEMENT OF CONVEYED LANDS.

    Lands received by the Secretary shall be included in the Tongass 
National Forest and shall be managed in accordance with the laws, 
regulations, and forest plan applicable to the Tongass National Forest.

SEC. 606. AUTHORIZATION.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this title.

            Passed the Senate November 20 (legislative day, November 
      19), 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 2222

_______________________________________________________________________

                                 AN ACT

    To resolve certain conveyances and provide for alternative land 
  selections under the Alaska Native Claims Settlement Act related to 
 Cape Fox Corporation and Sealaska Corporation, and for other purposes.