[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              KENAI NATIVES ASSOCIATION EQUITY ACT OF 1994

  Mr. MILLER of California. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 3613) entitled the ``Kenai Natives Association 
Equity Act,'' as amended.
  The Clerk read as follows:

                               H.R. 3613

       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 of 1994''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the United States Fish and Wildlife Service and Kenai 
     Natives Association, Inc. (KNA), have agreed to an exchange 
     and acquisition program pursuant to Public Law 102-458, of 
     lands and interests in lands in and near the Kenai National 
     Wildlife Refuge (Refuge);
       (2) this acquisition of and exchange of lands will 
     significantly enhance the ability of the Service to conserve 
     fish and wildlife populations and habitats, fulfill migratory 
     bird treaties, ensure water quality and quantity, provide 
     opportunities for environmental research and education, 
     improve access to fish and wildlife oriented recreation, and 
     further enhance the Refuge management objectives;
       (3) the amount to be paid for the Swanson River Road West 
     Tract, the sole issue upon which the Service and KNA could 
     not agree, is established by Congress at $7,500,000; and
       (4) it is in the public interest to complete this exchange, 
     and to provide for the economic and beneficial use of lands 
     conveyed to KNA in fulfillment of the purpose of the Alaska 
     Native Claims Settlement Act of 1971, as amended (43 U.S.C. 
     1601 et seq.) (Settlement Act).
       (b) Purpose.--The purpose of this Act is to authorize and 
     direct the Secretary to complete an exchange and acquisition 
     as provided by Public Law 102-458 of lands owned by KNA that 
     will provide for and enhance the management opportunities and 
     objectives of the Refuge, and assist KNA in achieving 
     economic viability and use of its retained lands in 
     furtherance of the Settlement Act.

     SEC. 3. DEFINITIONS.

       For purposes of this Act, the term--
       (1) ``ANILCA'' means the Alaska National Interest Lands 
     Conservation Act, as amended (16 U.S.C. 3101 et seq.);
       (2) ``conservation system unit'' has the same meaning as in 
     ANILCA;
       (3) ``KNA'' means the Kenai Natives Association, Inc., an 
     urban corporation incorporated in the State of Alaska 
     pursuant to the terms of the Settlement Act;
       (4) ``lands'' means both the surface and subsurface estates 
     or any interest therein whenever both estates are owned by 
     the United States or KNA, as applicable;
       (5) ``property'' has the same meaning given such term by 
     section 12(b)(7) of the Settlement Act;
       (6) ``refuge'' means the Kenai National Wildlife Refuge;
       (7) ``Secretary'' means the Secretary of the Interior;
       (8) ``Service'' means the United States Fish and Wildlife 
     Service; and
       (9) ``Settlement Act'' means the Alaska Native Claims 
     Settlement Act of 1971, as amended (43 U.S.C. 1601 et seq.).

     SEC. 4. EXCHANGE AND ACQUISITION OF LANDS.

       (a) Exchange of Lands; Acquisition and Equalization 
     Payment.--
       (1) In general.--No later than June 1, 1995, the Secretary 
     shall offer to convey to KNA, in accordance with the 
     provisions of the report to Congress issued pursuant to 
     Public Law 102-458 and subject to the provisions of paragraph 
     (3) and valid existing rights, approximately 1,831 acres of 
     land, portions of the Federal subsurface estate underlying 
     the same, and portions of the Federal subsurface estate 
     underlying another 3,238 acres, all as identified in 
     subsection (b)(2), in exchange for approximately 14,338 acres 
     of KNA land, and the relinquishment by KNA of its unpatented 
     selections and all entitlement to selections under the 
     Settlement Act, consisting of approximately 1,207 acres, all 
     located within the Refuge and identified in subsection 
     (b)(1). The Secretary shall develop the offer required by 
     this section in consultation with KNA.
       (2) Limitation.--The Secretary may not convey any lands or 
     make any payment to KNA under this section unless title to 
     the lands to be conveyed by KNA in exchange for such lands 
     and payments is in accordance with the Department of Justice 
     standards for preparation of title evidence in land 
     acquisitions by the United States.
       (3) Sources of funds.--The Secretary shall utilize any 
     combination of Land and Water Conservation Act of 1965 funds, 
     funds otherwise appropriated by the Congress, Exxon Valdez 
     Oil Spill settlement funds, and lands or other Federal 
     property within the Secretary's jurisdiction as payment to 
     KNA to equalize the values in the exchange.
       (4) Interest.--If a bonafide offer required by this section 
     is not made by June 1, 1995, interest on the value of the 
     property and interests to be conveyed to KNA shall accrue 
     beginning October 1, 1993.
       (b) Exchange and Acquisition Lands.--
       (1) KNA lands to be acquired.--The lands or interests to be 
     conveyed by KNA to the United States, all situated within the 
     existing authorized boundary of the Refuge, and identified on 
     the map titled ``Kenai Natives Association, Inc. and United 
     States Fish and Wildlife Service Negotiated Exchange/
     Acquisition Package,'' dated October 1993, on file and 
     available for inspection in the Office of the Secretary, 
     generally include, subject to reservations of existing road 
     easements--
       (A) approximately 803 acres located along the Kenai River, 
     known as the Stephanka Tract;
       (B) approximately 1,243 acres located along the Moose 
     River, known as the Moose River Patented Lands Tract;
       (C) approximately 2,120 acres located along Marathon Road, 
     known as the Beaver Creek Tract;
       (D) approximately 10,172 acres located along the Swanson 
     River Road and the Sunken Island Lake Road, known as the 
     Swanson River Road West Tract;
       (E) all of the remaining KNA selections under the 
     Settlement Act, consisting of approximately 1,207 acres, are 
     hereby relinquished and all remaining entitlement of KNA is 
     hereby extinguished; and
       (F) an easement for access to and use of less than one acre 
     of land, located in the NE\1/4\ NE\1/4\ of section 24, T.6N., 
     R.9W., Seward Meridian, within the Swanson River Road East 
     Tract, for so long as the site is used by the Service as a 
     radio communications repeater site.
       (2) Lands to be exchanged.--The lands or interests to be 
     conveyed by the United States to KNA, and identified (except 
     for the parcel identified in subparagraph (A)) on the map 
     titled ``Kenai Natives Association, Inc. and United States 
     Fish and Wildlife Service Negotiated Exchange/Acquisition 
     package,'' dated October 1993, on file and available for 
     inspection in the Office of the Secretary, generally include, 
     subject to reservations of existing road easements--
       (A) approximately five acres, located within the city of 
     Kenai, Alaska, identified as United States Survey 1435, and 
     known as the old Fish and Wildlife Service Headquarters site;
       (B) approximately 1,826 acres located along the Swanson 
     River Road, known as the Swanson River Road East Tract; and
       (C) the subsurface estate (less oil, coal, and gas) to 
     approximately 5,064 acres, including approximately 1,826 
     acres underlying the Swanson River Road East Tract and 
     approximately 3,238 adjacent acres underlying lands 
     previously patented to KNA which are located east of the 
     Swanson River Road.
       (3) Acquisition authority.--The lands identified for 
     acquisition by the United States, specifically identified on 
     the maps referenced in subsection (c) as the Stephanka Tract, 
     the Beaver Creek Tract, and the Moose River Patented Lands 
     Tract, collectively referred to as the ``Kenai River 
     Project'', may be acquired by the United States pursuant to 
     the Land and Water Conservation Fund Act of 1965.
       (4) National register of historic places.--Upon completion 
     of the exchange authorized in subsection (a), the Secretary 
     shall promptly undertake to nominate the Stephanka Tract to 
     the National Register of Historic Places, in recognition of 
     the archeological artifacts from the original Kenaitze Indian 
     settlement.
       (5) Valuations.--This exchange and acquisition shall be 
     accomplished utilizing the valuations established in the 
     report to Congress issued pursuant to Public Law 102-458, 
     with the exception of the Swanson River Road West Tract which 
     value is established at $7,500,000.
       (c) General Provisions.--
       (1) Removal of restrictions.--(A) Those lands retained by 
     KNA, and those parcels within the Refuge, including 
     designated wilderness, conveyed to KNA pursuant to the terms 
     of this Act, shall be removed in their entirety from 
     inclusion within the boundaries of the Refuge by operation of 
     this Act. Such removal from the boundaries of the Refuge 
     shall terminate any application of Federal management and 
     patent restrictions applicable to lands within the Refuge for 
     which conveyance was made pursuant to the terms of the 
     Settlement Act or any other law or regulation applicable 
     solely to Federal lands.
       (B) The Secretary shall execute and file such instruments 
     as are necessary to convey lands and remove the restrictions 
     referred to in this section at the time of the conveyances 
     provided in subsection (a)(1).
       (C) Any lands KNA shall receive from the United States 
     pursuant to this Act shall be deemed to have been conveyed 
     pursuant to the Settlement Act.
       (2) Maps and legal descriptions.--The maps described in 
     this section and a legal description of the lands depicted on 
     the maps shall be on file and available for public inspection 
     in the appropriate offices of the United States Department of 
     the Interior. Not later than 120 days after the day of 
     enactment of this Act, the Secretary shall prepare a legal 
     description of the lands depicted on the maps referred to in 
     this section. Such maps and legal descriptions shall have the 
     same force and effect as if included in this Act, except that 
     the Secretary may correct clerical and typographical errors.
       (3) Acceptance.--KNA may accept the offer made pursuant to 
     subsection (a) by notifying the Secretary in writing of its 
     decision within 120 days of receipt of the offer. In the 
     event the offer is rejected, the Secretary shall submit a 
     report to Congress describing the reasons why agreement was 
     not reached.
       (4) Final maps.--Not later than 120 days after the 
     conclusion of the exchange 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 Natural Resources and the Committee on 
     Merchant Marine and Fisheries 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 WILDLIFE REFUGE SYSTEM.

       (a) Addition to the Kenai National Wildlife Refuge.--The 
     Secretary shall add the lands conveyed to the United States 
     pursuant to subsection (a)(1) to the Refuge. The Secretary 
     shall manage such lands in accordance with the provisions of 
     the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668dd-668ee) and ANILCA.
       (b) Kenai National Wildlife Refuge Boundary Adjustment.--
     The boundaries of the Refuge as set forth in section 
     303(4)(A) of ANILCA are hereby adjusted to include those 
     lands generally depicted on the map described in section 
     4(c)(4) entitled ``Proposed Boundary Extension'', dated 
     October 1993.
       (c) Addition to Wilderness Area.--Upon acquisition of lands 
     by the United States pursuant to section 4(a)(1), that 
     portion of the Stephanka Tract lying south and west of the 
     Kenai River, consisting of approximately 592 acres and as 
     generally depicted as ``To be included in wilderness'' on the 
     map referenced in section 4(b)(1), shall be included in and 
     managed as part of the Kenai Wilderness. Upon their inclusion 
     into the Kenai Wilderness, such lands shall be managed in 
     accordance with the applicable provisions of the Wilderness 
     Act and ANILCA.
       (d) Removal of Conveyed Lands from Wilderness Area.--Upon 
     conveyance to KNA of those lands under section 4(b)(2), a 
     portion of which is currently designated wilderness, 
     consisting of approximately 623.5 acres and identified as 
     ``To be removed from wilderness'' on the map referenced in 
     section 4(b)(2), such lands are removed from the Kenai 
     Wilderness and the National Wilderness Preservation System.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 7. LIMITATION ON APPLICATION OF REQUIREMENT FOR 
                   ACQUISITIONS BY UNITED STATES UNDER MIGRATORY 
                   BIRD CONSERVATION ACT.

       Section 7 of the Migratory Bird Conservation Act (16 U.S.C. 
     715f) is amended by inserting ``in fee'' after 
     ``conveyance''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Miller] will be recognized for 20 minutes, and the 
gentleman from Alaska [Mr. Young] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Miller].
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. MILLER of California asked and received permission to revise and 
extend his remarks.)
  Mr. MILLER of California. Mr. Speaker, I rise in support of H.R. 
3613, the Kenai Natives Association Equity Act, which was sponsored by 
the gentleman from Alaska.
  H.R. 3613, as amended by the committee, authorizes and directs the 
Secretary of the Interior to complete an exchange and acquisition as 
provided by Public Law 102-458 that will both enhance the management 
objectives of the Kenai Wildlife Refuge and assist the Kenai Natives 
Association in use of its retained lands.
  KNA is an urban corporation created pursuant to the Alaska Native 
Claims Settlement Act [ANCSA] which was enacted in 1971 to settle the 
aboriginal land claims of Alaska Natives. KNA was entitled under ANCSA 
to receive 23,040 acres of land, most of which had to be selected from 
within the boundaries of the Kenai National Wildlife Refuge subject to 
a development restriction under section 22(g) of ANCSA. KNA, unlike 
most ANCSA corporations, received no cash payment under ANCSA.
  This exchange strikes a reasonable balance between the property and 
economic interests of KNA and the public interest in enhancing the fish 
and wildlife values of the Kenai Wildlife Refuge. It addresses a unique 
situation faced by one of four urban corporations in Alaska and is not 
intended to set a precedent in the resolution of 22(g) issues faced by 
other ANCSA corporation.
  Under the terms of the exchange, the USFWS would receive 15,545 acres 
of KNA lands within the Refuge and entitlements. The land returning to 
the Refuge contains high-value riparian habitat, wetlands and forested 
uplands and important Kenai River watersheds which support valuable 
sport and commercial fisheries. Upon completion of the exchange, the 
Secretary is directed to nominate one of the tracts to the National 
Register of Historic Places in recognition of the unique archaeological 
artifacts that remain from the orgial Kenaitze Indian settlement.
  KNA would receive 1,826 acres of Refuge lands, a 5-acre site in the 
town of Kenai, known as the old USFWS headquarters site, and subsurface 
estate, less oil, gas and coal, to the 1,826 acres of Refuge lands and 
to 3,233 acres of surface DNA already owns within the refuge, subject 
to certain rights previously granted to Cook Inlet Region, Inc. All 
5,064 acres owned by DNA would be removed from the Refuge and be 
available to KNA to develop for economic return to the corporation.

  With adjustments and additional designations, the exchange results in 
a net gain of 330 wilderness acres within the Refuge.
  The exchange has a difference in values of $10.9 million in favor of 
the USFWS. To fund the exchange, H.R. 3613 provides for an equalization 
payment be paid to KNA by the Secretary from any combination of funds 
from the Land and Water Conservation Fund or other funds appropriated 
by Congress, Exxon Valdez oil spill settlement funds, and lands or 
other Federal property within the Secretary's jurisdiction.
  The Committee intends that the Exxon Valdez Oil Spill Trustee Council 
give serious consideration to funding the acquisition of the KNA lands 
as part of the effort to restore and protect important Kenai River 
watershed habitat. The Kenai Peninsula was one of three major areas 
affected by the Exxon Valdez oil spill and the KNA lands would make an 
ideal restoration in this area.

                              {time}  2020

  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of H.R. 3613, and 
again thank the chairman of the full committee and the chairman of the 
subcommittee.
  Mr. Speaker, I rise in strong support of H.R. 3613, the Kenai Natives 
Association Equity Act. The Kenai Natives Association [KNA] was one of 
four urban corporations formed pursuant to the Alaska Native Claims 
Settlement Act of 1971 [ANCSA]. As an ANCSA corporation, KNA was 
entitled to receive 23,040 acres of land, most of which had to be 
selected within the Kenai National Wildlife Refuge. The land selected 
within the refuge had a development restriction under section 22(g) of 
ANCSA.
  Since 1982, KNA has sought to exchange the property within the 
boundaries of this refuge with the U.S. Fish and Wildlife. With the 
22(g) development restriction on this property, KNA could not provide 
any economic opportunities for its shareholders.
  Public Law 102-458, which was enacted last Congress, directed the 
Secretary of Interior to enter into accelerated negotiations with KNA 
and CIRI and submit to Congress within 6 months a settlement proposal 
that included land acquisitions or exchanges. Since that time, KNA has 
reached a tentative exchange agreement with the U.S. Fish and Wildlife 
on lands within this refuge. I believe that the Kenai Natives have 
waited long enough for ratification of the agreement reached, and 
believe they deserve to have this behind them. This Act will authorize 
and direct the Secretary to complete an exchange and acquisition of 
lands owned by KNA. I thank the gentleman for the time to explain this 
bill and I urge its adoption.
  Mr. STUDDS. Mr. Speaker, H.R. 3613, the Kenai Natives Association 
Equity Act, promises to bring long overdue resolution to the interests 
of the Kenai Natives Association [KNA] in Alaska. This settlement is 
the product of several years of negotiation between the U.S. Fish and 
Wildlife Service and the Kenai Natives and is in keeping with the 
intent of the Alaska Native Claims Settlement Act of 1971.
  Specifically, H.R. 3613 directs the Fish and Wildlife Service to 
acquire 14,300 acres from the KNA for inclusion in the Kenai National 
Wildlife Refuge, in exchange for conveying to the KNA 1,800 acres of 
federally owned land and an equalization payment of $7.5 million. In so 
doing, the land exchange will not only improve the economic viability 
of the Kenai Natives, but will also enhance the management and 
protection of fish and wildlife populations and habitat in the Kenai 
Refuge.
  Mr. Speaker, this legislation has been reviewed by both the Committee 
on Merchant Marine and Fisheries and the Committee on Natural 
Resources. I encourage my colleagues to support the gentleman from 
Alaska, Mr. Young, in his efforts to bring this matter to a mutually 
beneficial resolution.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Inslee). The question is on the motion 
offered by the gentleman from Minnesota [Mr. Vento] that the House 
suspend the rules and pass the bill, H.R. 3613, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________