[Congressional Record Volume 141, Number 109 (Friday, June 30, 1995)]
[Senate]
[Pages S9561-S9563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 THE ANAKTUVUK PASS LAND EXCHANGE AND WILDERNESS REDESIGNATION ACT OF 
                                  1995

                                 ______


               MURKOSWKI (AND BREAUX) AMENDMENT NO. 1489

  Mr. DOLE (for Mr. Murkowski, for himself, and Mr. Breaux) proposed an 
amendment to the bill (H.R. 400) to provide for the exchange of lands 
within Gates of the Arctic National Park and Preserve, and for other 
purposes; as follows:

       On page 12 of the reported measure, beginning on line 13, 
     delete all of Title II and insert in lieu thereof the 
     following:

          TITLE II--ALASKA PENINSULA SUBSURFACE CONSOLIDATION

     SEC. 201. DEFINITIONS.

       As used in this Act:
       (1) Agency.--The term agency--
       (A) means--
       (i) any instrumentality of the United States; and
       (ii) any Government corporation (as defined in section 
     9101(1) of title 31 United States Code); and
       (B) includes any element of an agency.
       (2) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' has the same meaning as is provided for 
     ``Native Corporation'' in section 3(m) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602(m)).
       (3) Federal lands or interest therein--The term ``Federal 
     lands or interests therein'' means any lands or properties 
     owned by the United States (i) which are administered by the 
     Secretary, or (ii) which are subject to a lease to third 
     parties, or (iii) which have been made available to the 
     Secretary for exchange under this section through the 
     concurrence of the director of the agency administering such 
     lands or properties; provided, however, excluded from such 
     lands shall be those lands which are within an existing 
     conservation system unit as defined in section 102(4) of the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3102(4)), and those lands the mineral interest for which are 
     currently under mineral lease.
       (4) Koniag.--The term ``Koniag'' means Koniag, 
     Incorporated, which is a Regional Corporation.
       (5) Regional corporation.--The term ``Regional 
     Corporation'' has the same meaning as is provided in section 
     3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1602(g)).
       (6) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of the Interior.
       (7) Selection rights.--The term ``selection rights'' means 
     those rights granted to Koniag, pursuant to subsections (a) 
     and (b) of section 12, and section 14(h)(8), of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), 
     to receive title to the oil and gas rights and other 
     interests in the subsurface estate of the approximately 
     275,000 acres of public lands in the State of Alaska 
     identified as ``Koniag Selections'' on the map entitled 
     ``Koniag Interest Lands, Alaska Peninsula,'' dated May 1989.

     SEC. 202. VALUATION OF KONIAG SELECTION RIGHTS.

       (a) Pursuant to the provisions of subsection (b) hereof, 
     the Secretary shall value the selection rights which Koniag 
     possesses within the boundaries of Aniakchak National 
     Monument and Preserve, Alaska Peninsula National Wildlife 
     Refuge, and Becharof National Wildlife Refuge.
       (b) Value.--
       (1) In general.--The value of the selection rights shall be 
     equal to the fair market value of--
       (A) the oil and gas interests in the lands or interests in 
     lands that are the subject of the selection rights; and
       (B) in the case of the lands or interests in lands for 
     which Koniag is to receive the entire subsurface estate, the 
     subsurface estate of the lands or interests in lands that are 
     the subject of the selection rights.
       (2) Appraisal.--
       (A) Selection of appraiser.--
       (i) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary and Koniag shall meet to 
     select a qualified appraiser to conduct an appraisal of the 
     selection rights. Subject to clause (ii), the appraiser shall 
     be selected by the mutual agreement of the Secretary and 
     Koniag.
       (ii) Failure to agree.--If the Secretary and Koniag fail to 
     agree on an appraiser by the date that is 60 days after the 
     date of the initial meeting referred to in clause (i), the 
     Secretary and Koniag shall, by the date that is not later 
     than 90 days after the date of the initial meeting, each 
     designate an appraiser who is qualified to perform the 
     appraisal. The 2 appraisers so identified shall select a 
     third qualified appraiser who shall perform the appraisal.
       (B) Standards and methodology.--The appraisal shall be 
     conducted in conformity with the standards of the Appraisal 
     Foundation (as defined in section 1121(9) of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 3350(9)).
       (C) Submission of appraisal report.--Not later than 180 
     days after the selection of an appraiser pursuant to 
     subparagraph (A), the appraiser shall submit to the Secretary 
     and to Koniag a written appraisal report specifying the value 
     of the selection rights and the methodology used to arrive at 
     the value.
       (3) Determination of value.--
       (A) Determination by the secretary.--Not later than 60 days 
     after the date of the receipt of the appraisal report under 
     paragraph (2)(C), the Secretary shall determine the value of 
     the selection rights and shall notify Koniag of the 
     determination.
       (B) Alternative determination of value.--

[[Page S9562]]

       (i) In general.--Subject to clause (ii), if Koniag does not 
     agree with the value determined by the Secretary under 
     subparagraph (A), the procedures specified in section 206(d) 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1716(d)) shall be used to establish the value.
       (ii) Average value limitation.--The average value per acre 
     of the selection rights shall not be less than the value 
     utilizing the risk adjusted discount cash flow methodology, 
     but in no event may exceed $300.

     SEC. 203. KONIAG EXCHANGE.

       (a) In General.--
       (1) The Secretary shall enter into negotiations for an 
     agreement or agreements to exchange Federal lands or 
     interests therein which are in the State of Alaska for the 
     selection rights.
       (2) if the value of the federal property to be exchanged is 
     less than the value of the selection rights established in 
     Section 202, and if such federal property to be exchanged is 
     not generating receipts to the federal government in excess 
     of one million dollars per year, than the Secretary may 
     exchange the federal property for that portion of the 
     selection rights having a value equal to that of the federal 
     property. The remaining selection rights shall remain 
     available for additional exchanges.
       (3) For the purposes of any exchange to be consummated 
     under this Title II, if less than all of the selection rights 
     are being exchanged, then the value of the selection rights 
     being exchanged shall be equal to the number of acres of 
     selection rights being exchanged multiplied by a fraction, 
     the numerator of which is the value of all the selection 
     rights as determined pursuant to Section 202 hereof and the 
     denominator of which is the total number of acres of 
     selection rights.
       (b) Additional Exchanges.--If, after ten years from the 
     date of enactment of this Act, the Secretary has been unable 
     to conclude such exchanges as may be required to acquire all 
     of the selection rights, he shall conclude exchanges for the 
     remaining selection rights for such federal property as may 
     be identified by Koniag, which property is available for 
     transfer to the administrative jurisdiction of the Secretary 
     under any provision of law and which property, at the time of 
     the proposed transfer to Koniag is not generating receipts to 
     the federal government in excess of one million dollars per 
     year. The Secretary shall keep Koniag advised in a timely 
     manner as to which properties may be available for such 
     transfer. Upon receipt of such identification by Koniag, the 
     Secretary shall request in a timely manner the transfer of 
     such identified property to the administrative jurisdiction 
     of the Department of the Interior. Such property shall not be 
     subject to the geographic limitations of section 206(b) of 
     the Federal Land Policy and Management Act and may be 
     retained by the Secretary solely for the purposes of 
     transferring it to Koniag to complete the exchange. Should 
     the value of the property so identified by Koniag be in 
     excess of the value of the remaining selection rights, then 
     Koniag shall have the option of (i) declining to proceed with 
     the exchange and identifying other property or (ii) paying 
     the difference in value between the property rights.
       (c) Revenues.--Any property received by Koniag in an 
     exchange entered into pursuant to subsection (a) or (b) of 
     this section shall be deemed to be an interest in the 
     subsurface for purposes of section 7(i) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601, et seq.); provided, 
     however, should Koniag make a payment to equalize the value 
     in any such exchange, then Koniag will be deemed to hold an 
     undivided interest in the property equal in value to such 
     payment which interest shall not be subject to the provisions 
     of section 9(j).

     SEC. 204. CERTAIN CONVEYANCES.

       (a) Interests in Land.--For the purposes of section 21(c) 
     of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1620(e)), the receipt of consideration, including, but not 
     limited to, lands, cash or other property, by a Native 
     Corporation for the relinquishment to the United States of 
     land selection rights granted to any Native Corporation under 
     such Act shall be deemed to be an interest in land.
       (b) Authority to Appoint and Remove Trustee.--In 
     establishing a Settlement Trust under section 39 of such Act 
     (43 U.S.C. 1629c), Koniag may delegate, in whole or part, the 
     authority granted to Koniag under subsection (b)(2) of such 
     section to any entity that Koniag may select without 
     affecting the status of the trust as a Settlement Trust under 
     such section.

                       TITLE III--STERLING FOREST

     SECTION 301. SHORT TITLE.

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

     SEC. 302. FINDINGS.

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

     SEC. 303. PURPOSES.

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

     SEC. 304 DEFINITIONS.

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

     SEC. 305. ESTABLISHMENT OF THE STERLING FOREST RESERVE.

       (A) Establishment.--Upon the certification by the 
     Commission to the Secretary that the Commission has acquired 
     sufficient lands or interests therein to constitute a 
     manageable unit, there is established the Sterling Forest 
     Reserve in the State of New York.
       (b) Map.--
       (1) Composition.--The Reserve shall consist of lands and 
     interests therein acquired by the Commission with the 
     approximately 17,500 acres of lands as generally depicted on 
     the map entitled ``Boundary Map, Sterling Forest Reserve'', 
     numbered SFR-60,001 and dated July 1, 1994.
       (2) Availability for public inspection.--The map described 
     in paragraph (1) shall be on file and available for public 
     inspection in the offices of the Commission and the 
     appropriate offices of the National Park Service.
       (c) Transfer of Funds.--Subject to subjection (d), the 
     Secretary shall transfer to the Commission such funds as are 
     appropriated for the acquisition of lands and interests 
     therein within the Reserve.
       (d) Conditions of Funding.--
       (1) Agreement by the commission.--Prior to the receipt of 
     any Federal funds authorized by this Act, the Commission 
     shall agree to the following:
       (A) Conveyance of Lands in event of failure to manage.--If 
     the Commission fails to manage the lands acquired within the 
     Reserve in a manner that is consistent with this title, the 
     Commission shall convey fee title to such lands to the United 
     States, and the agreement stated in this subparagraph shall 
     be recorded at the time of purchase of all lands acquired 
     within the Reserve.
       (B) Consent of owners.--No lands or interest in land may be 
     acquired with any Federal funds authorized or transferred 
     pursuant to this title except with the consent of the owner 
     of the land or interest in land.
       (C) Inability to acquire lands.--If the Commission is 
     unable to acquire all of the lands within the Reserve, to the 
     extent Federal funds are utilized pursuant to this title, the 
     Commission shall acquire all or a portion of the lands 
     identified as ``National Park Service Wilderness Easement 
     Lands'' and ``National Park Service Conservation Easement 
     Lands'' on the map described in section 305(b) before 
     proceeding with the acquisition of any other lands within the 
     Reserve.

[[Page S9563]]

       (D) Conveyance of easement.--Within 30 days after acquiring 
     any of the lands identified as ``National Park Service 
     Wilderness Easement Lands'' 29 and ``National Park Service 
     Conservation Easement Lands'' on the map described in section 
     305(b), the Commission shall convey to the United States--
       (i) conservation easements on the lands described as 
     ``National Park Service Wilderness Easement Lands'' on the 
     map described in section 305(b), which easements shall 
     provide that the lands shall be managed to protect their 
     wilderness character; and
       (ii) conservation easements on the lands described as 
     ``National Park Service Conservation Easement Lands'' on the 
     map described in section 305(b), which easements shall 
     restrict and limit development and use of the property to 
     that development and use that is--
       (I) compatible with the protection of the Appalachian 
     National Scenic Trail; and
       (II) consistent with the general management plan prepared 
     pursuant to section 306(b).
       (2) Matching funds.--Funds may be transferred to the 
     Commission only to the extent that they are matched from 
     funds contributed by non-Federal sources.
                  SEC. 306. MANAGEMENT OF THE RESERVE.
       (a) In General.--The Commission shall manage the lands 
     acquired within the Reserve in a manner that is consistent 
     with the Commission's authorities and with the purposes of 
     this title.
       (b) General Management Plan.--Within 3 years after the date 
     of enactment of this title, the Commission shall prepare a 
     general management plan for the Reserve and submit the plan 
     to the Secretary for approval.

     SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

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

     

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