[Congressional Record Volume 142, Number 119 (Wednesday, September 4, 1996)]
[House]
[Pages H9958-H9961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        KENAI NATIVES ASSOCIATION EQUITY ACT AMENDMENTS OF 1996

  Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 401) entitled the ``Kenai Natives Association Equity Act,'' 
as amended.
  The Clerk read as follows:

                                H.R. 401

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Kenai Natives Association 
     Equity Act Amendments of 1996''.

     SEC. 2. FINDINGS AND PURPOSE.

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

[[Page H9959]]

       (4) It is in the public interest to complete the 
     conveyances provided for in this Act.
       (b) Purpose.--The purpose of this Act is to authorize and 
     direct the Secretary, at the election of KNA, to complete the 
     conveyances provided for in this Act.

     SEC. 3. DEFINITIONS.

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

     SEC. 4. ACQUISITION OF LANDS.

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

[[Page H9960]]

     inspection in the appropriate offices of the United States 
     Department of the Interior, and the Secretary shall, no later 
     than 90 days after enactment of this Act, prepare a legal 
     description of the lands described in subsection (b)(1)(G). 
     Such maps and legal description shall have the same force and 
     effect as if included in the Act, except that the Secretary 
     may correct clerical and typographical errors.
       (3) Acceptance.--KNA may accept the offer made in this Act 
     by notifying the Secretary in writing of its decision within 
     180 days of receipt of the offer. In the event the offer is 
     rejected, the Secretary shall notify the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources and the Committee on 
     Environment and Public Works of the Senate.
       (4) Final maps.--Not later than 120 days after the 
     conclusion of the acquisition authorized by subsection (a), 
     the Secretary shall transmit a final report and maps 
     accurately depicting the lands transferred and conveyed 
     pursuant to this Act and the acreage and legal descriptions 
     of such lands to the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources and the Committee on Environment and Public Works 
     of the Senate.

     SEC. 5. ADJUSTMENTS TO NATIONAL WILDERNESS SYSTEM.

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

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

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Doolittle] and the gentleman from California [Mr. 
Miller] each will control 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Doolittle].
  (Mr. DOOLITTLE asked and was given permission to revise and extend 
his remarks.)
  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 401 was reported by the Resources Committee by a 
voice vote on June 19. The bill enjoys broad bipartisan support, 
including the support of the Department of the Interior.
  H.R. 401 does several things, a few of which I will briefly mention.
  First, the bill solves a longstanding dispute between the U.S. Fish 
and Wildlife Service and the Kenai Natives Association [KNA] over lands 
owned by KNA that are located within the Kenai Wildlife Refuge. KNA has 
been precluded from developing approximately 15,500 acres that were 
conveyed to them pursuant to passage of the Alaska Native Claims 
Settlement Act in 1971. Under H.R. 401, those 15,500 acres of KNA-owned 
land will be removed from the Refuge and all associated development 
restrictions will be lifted.
  Second, H.R. 401 will allow the Fish and Wildlife Service to acquire 
three highly desirable parcels of land owned by KNA and KNA's remaining 
land entitlement at appraised value. A total of 2,253 acres of KNA 
lands will be acquired with Exxon Valdez oil spill settlement funds for 
approximately $4.5 million.
  Finally, KNA will receive title to the old Kenai National Wildlife 
Refuge headquarters site in downtown Kenai, Alaska, which consists of a 
building and a 5-acre parcel--KNA would like to use this site for 
economic development purposes.
  The Fish and Wildlife Service has proposed in order to maintain 
natural resource protection and values, that Congress designate 
approximately 37,000 acres as a BLM Special Management Area in exchange 
for removing 15,500 acres from the Refuge. This proposal has been 
incorporated into H.R. 401. The Special Management Area would be 
created adjacent to an existing refuge in north-central Alaska. 
Management of the area will be subject to existing subsistence 
preferences and valid existing rights. Furthermore, public access will 
be protected and residents of surrounding villages will be given the 
ability to participate in decisions relative to management of the area.
  The Kenai Natives have waited long enough to resolve these land use 
issues. Hopefully the Senate will move similar legislation prior to the 
end of this legislative session. I urge Members support for this 
noncontroversial legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in support of this legislation. I thank the 
gentleman from Alaska, the chairman of the Committee on Resources, for 
his sponsorship of this bill and his long-standing interest in the 
concerns of the Kenai Native Association.
  This bill would ratify an agreement negotiated between KNA and the 
Department of the Interior. The bill provides the Native corporation 
with clear title to lands received under the Alaska Native Claims 
Settlement Act which are within the boundaries of the Kenai National 
Wildlife Refuge and subject to development restrictions. To equalize 
values in the exchange, KNA also would receive $4.4 million from the 
Exxon Valdez oil spill trust fund. Accordingly, this bill has no 
negative impact on the Federal budget.
  In return, the Kenai National Wildlife Refuge would benefit by the 
acquisition of over 3,000 acres of prime fish and wildlife habitat 
along the Kenai River, one of the most important fishing and 
recreational watersheds in Alaska. About 592 acres of these acquired 
lands would be designated part of the refuge wilderness. The habitat 
values of the lands have been evaluated and their acquisition approved 
by the State-Federal trustee council which administers the Exxon Valdez 
trust fund. I have long supported prudent use of the Exxon Valdez 
monies for habitat protection in the region affected by the oil spill 
and I commend both Interior Secretary Babbitt and Alaska Governor Tony 
Knowles for their leadership within the council.
  In addition, to help compensate for the removal of KNA lands from the 
refuge boundaries, a 37,000 acre special fish and wildlife management 
area would be designated adjacent to the Kanuti National Wildlife 
Refuge in

[[Page H9961]]

nothern Alaska and administered by the BLM.
  Mr. Speaker, this legislation provides significant opportunities for 
a Native corporation that has struggled for well over a decade to find 
an accommodation between the economic interests of its shareholders and 
the land management interests of the Fish and Wildlife Service. While 
other administrations have been indifferent to KNA's plight, the 
Interior Department has attempted in this bill to strike a reasonable 
balance between the interests of Native Alaskans and fish and wildlife 
protection. I urge the other body to avoid the temptation to rewrite 
the environmental designations or otherwise generate controversy and 
opposition. It is clearly in the best interests of KNA to have this 
legislation enacted into law this Congress.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DOOLITTLE. Mr. Speaker, I have no further requests for time, I 
yield back the balance of my time, and I urge passage of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Doolittle] that the House suspend the 
rules and pass the bill, H.R. 401, 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.

                          ____________________