[Congressional Record Volume 143, Number 128 (Tuesday, September 23, 1997)]
[House]
[Pages H7648-H7649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   HOOD BAY LAND EXCHANGE ACT OF 1997

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 1948) to provide for the exchange of lands within 
Admiralty Island National Monument, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 1948

       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 ``Hood Bay Land Exchange Act 
     of 1997''.

     SEC. 2. FINDINGS.

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT.

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

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

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

     SEC. 6. GENERAL PROVISIONS.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska [Mr. Young] and the gentleman from California [Mr. Miller] will 
each control 20 minutes.
  The Chair recognizes the gentleman from Alaska [Mr. Young].
  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, H.R. 1948 is the result of several 
months of work on a land exchange proposal to help the City and Borough 
of Sitka, Alaska, to develop new economic opportunities.
  Sitka is located in southeast Alaska, and is not accessible by road. 
Its major source of year-round jobs for several decades was a pulp mill 
which shut down in 1993.
  The land for the pulp mill site was originally granted to the Alaska 
Pulp Corporation in 1960. However, the Federal Government retained a 
reversionary interest in it. This means that the United States may take 
ownership of the site if there is no timber processing on it for 5 
consecutive years.
  With the mill closure, the property cannot be used for anything other 
than timber processing, even though it is one of the best available 
locations for new economic development in Sitka.
  The closure has several severe effects on the local economy. Year-
round jobs were lost, the tax rolls took a hit, and people moved out of 
the city, to name a few.
  Sitka has taken a number of steps to revitalize the community. An 
important component of this effort is to

[[Page H7649]]

reuse the pulp mill land in order to offset the job losses. Since the 
Federal reversionary interest clouds the ownership status of the land, 
the site cannot be put to productive use. H.R. 1948 takes care of this 
problem through a land exchange between the company and the United 
States.
  Under the legislation, the Federal reverter interest in the pulp mill 
will be removed. In exchange, APC will convey to the United States a 
spectacular inholding it holds on Hood Bay, within Admiralty Island 
National Monument. The Hood Bay property is a prime parcel of land that 
the Forest Service seeks to acquire, and it will be incorporated into 
the wilderness.
  Finally, the bill also conveys a portion of the mill site land to the 
city of Sitka, which currently has an easement on the property for its 
hydro project and water supply system.
  The Committee on Resources held a hearing on this legislation during 
the August recess. Major concerns were raised and resolved. The result 
is a fair exchange which benefits Sitka as well as Admiralty Island 
National Monument.
  The committee ordered H.R. 1948 reported with an amendment on 
September 10, 1997, by a unanimous voice vote. The bill is in the best 
interests of the Federal Government and of Sitka. I look forward to its 
passing.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Tennessee [Mr. Tanner].
  (Mr. TANNER asked and was given permission to revise and extend his 
remarks.)
  Mr. TANNER. Mr. Speaker, I rise in support of H.R. 1948.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, it is truly an honor and joy to be here joining the 
gentleman from Alaska in putting additional lands into wilderness. It 
is only 54 acres, but hope springs eternal on this side of the aisle.
  But the fact of the matter is that the gentleman from Alaska [Mr. 
Young], the Alaska Pulp Corporation, and the Forest Service have worked 
out a land swap that is of benefit to the local area and also a benefit 
to the Nation's wilderness system.
  Very often during these land exchanges I have asked whether or not 
these exchanges are of fair and equal value. In this case I am relying 
on the chief appraiser of the Forest Service, who has concluded the 
values of the property interests to be exchanged are equal.
  In addition, my concerns about a NEPA waiver in the bill as 
introduced have been addressed with language to assure us that APC 
meets its clean-up obligations at the former mill site lands. By 
enacting this bill, we do not intend to alter APC's obligations to pay 
for cleaning up pulp-mill-related pollution. So I think the gentleman 
in fact has brought again to the floor a bill that we can all support.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to thank the gentleman from California [Mr. 
Miller]. I am extremely pleased that hope springs eternal. Just do not 
be too hopeful. Fifty-four acres is a lot of land, in my mind. But it 
is a good bill.
  Mr. MILLER of California. If the gentleman will yield, it would be a 
big deal in Delaware.
  Mr. YOUNG of Alaska. And it would be a big deal in Rhode Island.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska [Mr. Young] that the House suspend the rules and 
pass the bill, H.R. 1948, as amended.
  The question was taken.
  Mr. CONDIT. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and I make the point of order that a quorum is 
not present.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule 1 and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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