[House Report 104-8]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                      104-8
_______________________________________________________________________


 
 ANAKTUVUK PASS LAND EXCHANGE AND WILDERNESS REDESIGNATION ACT OF 1995

                                _______


January 27, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 400]

      [Including cost estimate of the Congressional Budget Office]
    The Committee on Resources, to whom was referred 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, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    H.R. 400 will provide for the exchange of lands within 
Gates of the Arctic National Park and Preserve, and for other 
purposes.

                      Summary of the Reported Bill

    H.R. 400 would ratify and agreement among the United 
States, two Alaska Native Corporations, and a local government 
that provides for the exchange of lands within the boundaries 
of the Gates of the Arctic National Park and Gates of the 
Arctic Wilderness, in Alaska, and would expand the Noatak 
National Preserve and Noatak Wilderness, also in Alaska, by the 
addition of certain adjacent federal lands. H.R. 400 would 
further settle a longstanding and difficult dispute between the 
National Park Service and Alaska Native landowners over the use 
of all-terrain vehicles (ATVs), by the local residents of 
Anaktuvuk Pass, for subsistence purposes, on certain park 
lands.

                  Background and Need for Legislation

    The residents of Anaktuvuk Pass and the National Park 
Service have had a longstanding dispute over the use by village 
residents, of certain ATVs for subsistence purposes on national 
park and wilderness lands adjacent to the village. In an effort 
to resolve this conflict, Arctic Slope Regional Corporation 
(the regional corporation established by the Inupiat Eskimo 
people of Alaska's North Slope under the provisions of the 
Alaska Native Claims Settlement Act (ANCSA)), Nunamiut 
Corporation (the Anaktuvuk Pass ANCSA Village Corporation), the 
city of Anaktuvuk Pass and the National Park Service have 
entered into and innovative agreement both guaranteeing 
dispersed ATV access on specific tracts of park land and 
limiting development of Native land in the area. The agreement 
will limit the types of ATVs allowed and will also lead to 
enhanced recreational opportunities by improving public access 
across Native lands.
    The village of Anaktuvuk Pass is located on the North Slope 
of Alaska in the remote Brooks Mountain Range, completely 
within the boundary of and surrounded by the Gates of the 
Arctic National Park and Preserve. Anaktuvuk Pass is unique in 
that it is one of a very few villages located entirely within 
the boundaries of a National Park. Village residents have long 
relied upon the use of ATVs for summer access to subsistence 
resources, primarily caribou, on certain nearby park, and park 
wilderness lands. As there are no rivers near the community for 
motorboat access to park lands, ATVs provide the primary means 
by which to reach and transport game in the summer. The only 
alternative to ATV use is to walk, which is not feasible in 
these remote areas. Snowmobiles are the primary mode of 
transportation for subsistence activities in the winter.
    With the passage of the Alaska National Interest Lands 
Conservation Act (ANILCA) in 1980, Congress expressly reserved 
the rights of rural Alaska residents to continued, reasonable 
access to subsistence resources on public lands, by providing 
in section 811(a), ``rural residents engaged in subsistence 
uses shall have reasonable access to subsistence resources on 
public lands.'' Section 811(b) of ANILCA provides further that 
``the Secretary shall permit on the public lands appropriate 
use for subsistence purposes of snowmobiles, motorboats, and 
other means of surface transportation traditionally employed 
for such purposes by local residents, subject to reasonable 
regulation.'' The National Park Service and the native 
landowners disagree about whether ATVs are ``other means of 
surface transportation traditionally employed'' for subsistence 
purposes in Gates of the Arctic National Park and Preserve. But 
there is no dispute that ATVs are necessary for the summertime 
subsistence activities of the residents of Anaktuvuk Pass.
    Following several years of discussions, the native 
landowners and the National Park Service have reached an 
agreement which will finally resolve the ATV controversy on the 
public lands surrounding Anaktuvuk Pass. In April 1992, the 
Park Service issued a final legislative environmental impact 
statement embracing the proposed agreement, and in November 
1992, the Secretary of the Interior endorsed the agreement in a 
Record of Decision. The parties executed the agreement on 
December 17, 1992.
    The parties have since executed two technical amendments to 
the original agreement.
    The agreement involves an exchange of land and interests in 
lands between the native landowners and the Park Service. 
Specifically, the Federal Government will convey in fee 
approximately 30,642 acres of park land to Arctic Slope 
Regional Corporation and Nunamiut Corporation. Of the Federal 
land conveyed to the native corporations, the National Park 
Service will reserve surface and subsurface access and 
development rights as well as broad public access easements. In 
addition, certain non-wilderness areas of Federally-owned park 
land will be opened to dispersed ATV use. In return, the native 
landowners will convey to the Federal Government approximately 
38,840 acres in fee for inclusion in both the national park and 
national wilderness systems. Native landowners will also convey 
to the National Park Service, additional surface and subsurface 
development rights on 86,307 acres as well as a series of 
conservation, scenic, and public access easements on other 
Native-owned lands within the boundaries of Gates of the Arctic 
National Park and Preserve. Finally, the City of Anaktuvuk Pass 
will convey a city lot to the National Park Service for 
administrative purposes.
    Congressional ratification of this agreement will be 
required to remove 73,993 acres of Federal land from the 
National Wilderness Preservation System, as well as to 
designate approximately 56,825 acres of other park and 
presently Native-owned lands as new National Wilderness. If 
ratified by Congress, the agreement will expressly authorize 
dispersed ATV use on certain lands within the park boundary. 
Without congressional approval, the agreement will become null 
and void, and none of the conveyances or creation of easements 
proposed by the agreement will occur.
    It is intended that this agreement will resolve the 
longstanding dispute over subsistence use of ATVs only on 
public lands in and around Anaktuvuk Pass. It is important to 
note that neither this agreement nor the accompanying Federal 
legislation will diminish, or otherwise affect in any way, 
anyone's rights and privileges to access public lands in Alaska 
for subsistence purposes. This agreement does not conform or 
deny that ATV access to public lands for subsistence use is a 
statutorily protected traditional access right under ANILCA, 
and consequently, this agreement does not purport to resolve 
this issue.
    H.R. 400 would remove 73,993 acres of wilderness from the 
Park and designate 56,825 acres of new wilderness. Consistent 
with agreements reached during the 103rd session of Congress, 
17,168 acres of wilderness will be designated along the Nigu 
River, adjacent to the Park, hence, a no-net-loss, no-net gain 
of wilderness in the area.

                            Committee Action

    H.R. 400 was favorably reported to the House of 
Representatives by a unanimous roll call vote of 40-0.


                      Section-by-Section Analysis

    Section 1 would provide a short title, namely ``Anaktuvuk 
Pass Land Exchange and Wilderness Redesignation Act of 1995.''
    Section 2 sets forth a series of finding concerning the 
relevant history discussed in the Background and Need portion 
of this Report.
    Section 3 would ratify the exchange agreement (set forth in 
the Appendix to this Report), provide for appropriate 
management of the lands which the United States is to acquire, 
and provide appropriate map references. In connection with this 
ratification, the Committee notes its understanding that the 
specific details of the easements for ATVs will be specified in 
the conveyance documents to be executed pursuant to the 
exchange agreement. The Committee notes the importance of this, 
especially since the linear ATV easements established in the 
1983 land exchange were not successful in resolving problems 
and anticipates that the parties can successfully resolve such 
important points as the extent to which ATV use will occur 
generally in a dispersed fashion on the lands the exchange 
agreement designates as open to ATV access. The Committee 
further understands that the parties agree that the easements 
will permit ATVs to wander freely on the lands designated in 
the agreement as open to ATV access and that the ATVs will not 
be confined in narrow trails. Similarly, the Committee is 
optimistic that the cooperative-management approach adopted in 
the exchange agreement will enable to the parties to work 
together successfully to assure protection of park resources.
    Section 4 would amend section 701(2) of the Alaska National 
Interest Lands Conservation Act (ANILCA) to exclude certain 
lands from the Gates of the Arctic Wilderness and to add 
certain other lands to that wilderness area. The new effect of 
enactment of this section would be to reduce that size of this 
wilderness by approximately 17,168 acres.
    This section would also amend sections 201(4) and 701(3) of 
ANILCA to add approximately 17,168 acres of public lands in the 
Nigu River area to the Noatak National Preserve and Noatak 
Wilderness.
    Section 5 is intended to clarify the relationship of this 
bill to other provisions of law.
    Subsection 5(a) provides that all of the lands and 
interests in land conveyed to and received by Arctic Slope 
Regional Corporation or Nunamiut Corporation under the exchange 
agreement are to be deemed conveyed and received pursuant to 
section 22(f) of the Alaska Native Claims Settlement Act 
(ANCSA), as amended, and that all of the lands or interests in 
land conveyed pursuant to the exchange agreement shall be 
conveyed subject to valid existing rights. These include rights 
arising under federal law, such as the Alaska Native Allotment 
Act, and, in the case of lands currently owned by the Nunamiut 
Corporation, rights arising under section 14(c) of ANCSA. 
However, section 14(c) rights to not apply to the lands the 
Native Corporations are to receive as part of the land exchange 
under section 22(f) of ANCSA.
    Subsection 5(b) provides that except to the extent 
specifically set forth in this bill or the exchange agreement 
if ratifies, nothing in this bill is to be construed as 
enlarging or diminishing the rights, obligations, or privileges 
of any persons, including specifically the preference for 
subsistence uses and access to subsistence resources provided 
under ANILCA.

            Committee Oversight Findings and Recommendations

    Pursuant to clause 2(l)(3) of rule XI of the Rules of the 
House of Representatives and clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, the Committee's 
oversight findings and recommendations are contained in the 
body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 400 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 400. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
400 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 400.
    With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 400 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 25, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 400, the Anaktuvuk Pass Land Exchange and 
Wilderness Redesignation Act of 1995, as ordered reported by 
the House Committee on Resources on January 18, 1995. We 
estimate that enactment of this legislation would have no 
impact on the federal budget. H.R. 400 would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    H.R. 400 would ratify an agreement among the National Park 
Service (NPS), the Numamiut Corporation, the city of Anaktuvuk 
Pass, and the Arctic Slope Regional Corporation (ASRC). The 
agreement, which was originally executed in 1992, provides for 
an exchange of land between the United States and the ASCR.
    Because the 30,642 acres to be transferred to the ASRC are 
currently managed as wilderness, their conveyance would have no 
impact on federal timber or mining receipts. The 38,840 acres 
to be acquired by the United States through the exchange would 
be managed by the NPS as wilderness. CBO expects that there 
would be no additional costs associated with managing this 
land.
    Enactment of this legislation would have no impact on the 
budgets of state or local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
            Sincerely,
                                    Robert D. Reischauer, Director.
                          Departmental Reports

    The Committee has received no departmental reports on H.R. 
400.

                          Legislative History

    A hearing was held on similar legislation H.R. 4746 and 
H.R. 4754 in the 103rd Congress by the Subcommittee on National 
Parks, Forests and Public Lands on August 4, 1994. H.R. 4746, 
which was identical to H.R. 400, was ordered reported with 
amendments by the Full Committee on September 29, 1994. H.R. 
4746 passed the House by voice vote on October 3, 1994.

                        Changes in Existing Law

    In compliance with rule XIII of the Rules of the House of 
Representatives, changes in existing law made by the bill, as 
reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no changes are proposed is shown 
in roman type):

            ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT

          * * * * * * *
    Section 1. This Act may be cited as the ``Alaska National 
Interest Lands Conservation Act''.
          * * * * * * *

                     TITLE II--NATIONAL PARK SYSTEM

                       establishment of new areas

    Sec. 201. The following areas are hereby established as 
units of the National Park System and shall be administered by 
the Secretary under the laws governing the administration of 
such lands and under the provisions of this Act:
          (1) * * *
          * * * * * * *
          (8)(a) Noatak National Preserve, containing 
        [approximately six million four hundred and sixty 
        thousand acres] approximately 6,477,168 acres of public 
        lands, as generally depicted on map numbered NOAT-
        90,004, and dated July 1980 and the map entitled 
        ``Noatak National Preserve and Noatak Wilderness 
        Addition'' dated September 1994. The preserve shall be 
        managed for the following purposes, among others: To 
        maintain the environmental integrity of the Noatak 
        River and adjacent uplands within the preserve in such 
        a manner as to assure the continuation of geological 
        and biological processes unimpaired by adverse human 
        activity; to protect habitat for, and populations of, 
        fish and wildlife, including but not limited to 
        caribou, grizzly bears, Dall sheep, moose, wolves, and 
        for waterfowl, raptors, and others species of birds; to 
        protect archeological resources; and in a manner 
        consistent with the foregoing, to provide opportunities 
        for scientific research. The Secretary may establish a 
        board consisting of scientists and other experts in the 
        field of arctic research in order to assist him in the 
        encouragement and administration of research efforts 
        within the preserve.
          * * * * * * *

           TITLE VII--NATIONAL WILDERNESS PRESERVATION SYSTEM

         designation of wilderness within national park system

    Sec. 701. In accordance with subsection 3(c) of the 
Wilderness Act (78 Stat. 892), the public lands within the 
boundaries depicted as ``Proposed Wilderness'' on the maps 
referred to in sections 201 and 202 of this Act are hereby 
designated as wilderness, with the nomenclature and approximate 
acreage as indicated below:
          (1) * * *
          * * * * * * *
          (7) Noatak Wilderness of [approximately five million 
        eight hundred thousand acres]; approximately 5,817,168 
        acres; and
          * * * * * * *
                            A P P E N D I X

                              ----------                              

                        Department of the Interior,
                                   Office of the Secretary,
                                     Washington, DC, June 16, 1994.
Hon. Thomas S. Foley,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: There is enclosed a draft bill, the 
``Anaktuvuk Pass Exchange and Wilderness Redesignation Act of 
1994.'' We strongly recommend that the bill be introduced, 
referred to the appropriate committee for consideration, and 
enacted.
    Enactment of the enclosed bill would enable the National 
Park Service (NPS) and the Department of the Interior 
(Department) to resolve a long-standing land management issue 
at Gates of the Arctic National Park and Preserve in Alaska.
    The Nunamiut people are the indigenous inhabitants of the 
Anaktuvuk Pass area and have traditionally used many of the 
natural resources of the area for their physical cultural 
existence. The permanent establishment of a village at 
Anaktuvuk Pass is unusual in that it is not located on a major 
river system, lake or coastline like most Alaska Native 
villages. As technology developed, residents of the village 
began to use motorized all-terrain vehicles (ATVs), during the 
summer months, rather than the usual motorized boats many other 
villages use to travel to traditional subsistence use areas.
    Today, subsistence activities involving ATVs include lands 
that became wilderness portions of Gates of the Arctic National 
Park when the park was established in 1980. Although 
traditional hunting is authorized by law for subsistence 
purposes in the park, the use of ATVs in wilderness areas is 
not authorized.
    In order to resolve this matter, an agreement has been 
reached with the affected parties under which the residents of 
Anaktuvuk Pass could continue to use ATVs on certain park 
lands, subject to congressional action to remove the land from 
wilderness designation and authorize ATV use on this limited 
area of park land. In addition, the Nunamiut Corporation and 
the city of Anaktuvuk Pass have agreed to place a conservation 
easement on village lands and provide public recreation access 
across the lands.
    The enclosed bill would give effect to the agreement. 
Because the agreement would result in the ``net loss'' of 
designated wilderness acreage within Gates of the Arctic 
National Park and Preserve, the Nigu wilderness area on 
adjacent Bureau of Land Management (BLM) lands has been added 
to the bill. The Nigu area was recommended for wilderness by a 
1988 BLM wilderness study and Environmental Impact Statement 
(EIS), and Transmitted to Congress on April 28, 1992.
    The National Park Service has prepared an Environmental 
Impact Statement on the proposed exchange which has undergone 
public review and comment. A Record of Decision was signed on 
October 10, 1992.
    The agreement has been amended in two respects by mutual 
accord of the parties. The first amendment extended the time to 
adopt the legislation through December of 1994. The second 
amendment added a cooperative management provision for ATV use 
on park lands. Neither amendment will have any adverse 
environmental effect beyond those identified in the final 
Environmental Impact Statement.
    In addition, the enclosed bill would:
          Ratify the document entitled ``Donation, Exchange of 
        Lands and Interests in Lands and Wilderness 
        Redesignation Agreement Among Arctic Slope Regional 
        Corporation, Nunamiut Corporation, City of Anaktuvuk 
        Pass and the United States of America'', executed by 
        the parties on December 17, 1992, that provides for 
        30,642 acres of Federal park land to be conveyed in fee 
        to Arctic Slope Regional Corporation and Nunamiut 
        Corporation in return for 38,840 acres to be conveyed 
        to the United States;
          Deauthorize approximately 73,993 acres within the 
        boundaries of Gates of the Arctic National Park as 
        wilderness.
          Designate approximately 56,825 additional acres 
        within the park unit as wilderness;
          Designate 41,000 acres of wilderness on BLM land 
        adjacent to Gates of the Arctic National Park;
          Relinquish surface and subsurface development rights 
        to 116,435 acres of Native Corporation land adjacent to 
        park lands;
          Provide for public pedestrian access and camping 
        across 148,484 acres of Native Corporation land 
        providing improved recreational access to the park;
          Provide for ATV access to 126,632 acres of non-
        wilderness park lands for the purpose of subsistence 
        activities by Anaktuvuk Pass residents; and
          Establish a cooperative program between residents of 
        Anaktuvuk Pass and the National Park Service to manage 
        the effects of ATV use on park lands.
    The agreement represents a cooperative solution to this 
long standing issue reached by the NPS, BLM, Alaska Native 
groups and conservation groups. The parties feel that this 
legislation will ensure the protection of park-related values, 
allow for local subsistence uses and avoid protracted 
litigation. This agreement is specific to the Anaktuvuk Pass 
area and does not affect ATV use in other parts of Gates of the 
Arctic National Park and Preserve or in any other National Park 
unit in Alaska.
    The Omnibus Budget Reconciliation Act (OBRA) requires that 
all revenue and direct spending legislation meet a pay-as-you-
go (PAYGO) requirement. That is, no such bill should result in 
an increase in the deficit; and if it does, it must trigger a 
sequester if it is not fully offset. The draft bill would 
withdraw certain public lands from mining and mineral leasing 
laws and access for timber harvesting, thereby potentially 
reducing receipts from public land uses. However, because the 
withdrawn lands are currently managed as wilderness study 
areas, no receipts are assumed to be collected under current 
law before fiscal year 1999. Consequently, this bill results in 
a new zero PAYGO effect and meets the PAYGO requirement of 
OBRA.
    We have enclosed a copy of the agreement, with amendments, 
and recommend that the agreement be printed in the Committee 
report to establish a clear legislative history on the exact 
language to be approved by enactment of this legislation.
    The Office of Management and Budget has advised that there 
is no objection to the submission of this proposed legislation 
from the standpoint of the Administration's program.
            Sincerely,
                                   George T. Frampton, Jr.,
               Assistant Secretary for Fish and Wildlife and Parks.
    Enclosures.
   Donation, Exchange of Lands and Interests in Lands and Wilderness 
  Redesignation Agreement Among Arctic Slope Regional Corp., Nunamiut 
     Corp., City of Anaktuvuk Pass and the United States of America

    This agreement entered into this 17th day of December 1992 
is by Arctic Slope Regional Corporation (hereinafter ``ASRC''), 
Nunamiut Corporation (hereinafter ``Nunamiut''), both 
corporations authorized pursuant to the Alaska Native Claims 
Settlement Act (hereinafter ``ANCSA''), 85 Stat. 688, as 
amended, 43 U.S.C. 1601, et seq., and duly organized under the 
laws of the State of Alaska, the City of Anaktuvuk Pass, a 
political subdivision of the State of Alaska (hereinafter 
``City''), and the United States of America, and the Secretary 
of the Interior, acting through the Assistant Secretary for 
Fish and Wildlife and Parks of the Department of the Interior 
(hereinafter ``Secretary''). ASRC, Nunamiut, the City and the 
Secretary are collectively referred to as ``the parties''.

                               witnesseth

    Whereas, the United States of America, acting through the 
Secretary of the Interior, entered into an agreement with ASRC 
on June 29, 1979 (hereinafter 1979 Agreement), that was 
ratified and confirmed by section 1431 of the Alaska National 
Interest Lands Conservation Act of December 2, 1980, 94 Stat. 
2371, 16 U.S.C. 3101 (hereinafter ``ANILCA''); and
    Whereas, paragraph II, section I of the 1979 Agreement 
provided certain benefits to the residents of Anaktuvuk Pass, 
including the shareholders of Nunamiut, which benefits were 
intended to balance the subsistence activities and lifestyle of 
the residents of Anaktuvuk Pass with the Secretary's need for 
reasonable access by members of the public to federally-owned 
lands within Gates of the Arctic National Monument, 
subsequently redesignated Gates of the Arctic National Park and 
Preserve (hereinafter ``Park'') by section 201(4) of ANILCA, 16 
U.S.C. 410hh(4); and
    Whereas, the 1979 Agreement sets forth a commitment by the 
United States to negotiate with ASRC and Nunamiut, within 18 
months of the execution of the 1979 Agreement, non-site-
specific easements for public access across lands and interests 
in lands owned by ASRC and Nunamiut within the Park; and
    Whereas, Congress on December 2, 1980 in establishing the 
Gates of the Arctic National Park and Preserve designated 
public lands adjacent to and surrounding lands conveyed or to 
be conveyed to ASRC and Nunamiut pursuant to ANCSA and section 
1431(c) of ANILCA as wilderness pursuant to section 701 of 
ANILCA, 16 U.S.C. 1131; and
    Whereas, subparagraphs 2(a) and (b) of an Agreement of 
August 9, 1983 (hereinafter ``1983 Agreement'') between ASRC 
and the United States of America provided, among other things, 
for the transfer to the United States of the surface estate of 
certain lands owned by ASRC and the relinquishment by ASRC, to 
the United States of the surface estate of certain lands ASRC 
was entitled to receive by the land exchange provided in 
section 1431(c) of ANILCA, subject to the establishment of 
specified All-Terrain Vehicle (hereinafter ``ATV'') easements 
necessary to permit ATV access by ASRC, its shareholders and 
invitees, and for subsistence uses by local rural residents of 
Anaktuvuk Pass; and
    Whereas, the use of ATVs on federally owned lands by 
Anaktuvuk Pass residents has been the subject of controversy, 
leading to study, discussion, negotiation, resource analysis, 
and reconsideration of wilderness boundaries; and
    Whereas, the Native Village of Anaktuvuk Pass has no rivers 
that are suitable for summertime subsistence access, and is 
located entirely within the boundaries of a national park; and 
its residents have increasingly used ATVs for subsistence 
access on lands in the vicinity of Anaktuvuk Pass; and
    Whereas, the parties have reached agreement on appropriate 
conservation and access easements on ASRC and Nunamiut private 
lands for the benefit of the public, and on proposals' to 
exchange lands and specifically define areas of ATV use on 
federally owned lands within the Park; and
    Whereas, the City is considered a necessary party to this 
Agreement, and has expressed an interest in being a party to 
this Agreement, in order that the residents of Anaktuvuk Pass 
may benefit from this Agreement, and in order that the City may 
provide land for a National Park Service office and residence; 
and
    Whereas, recognizing the effects that changing patterns of 
land use and land ownership have had on Anaktuvuk Pass and on 
effective management of federally owned lands, the Secretary 
considers it to be in the public interest, through consultation 
with the Parties and subsequent enactment by Congress, to 
redefine wilderness boundaries and authorized land uses within 
the Park; to provide improved access for the general public to 
federally owned lands within the Park; to protect natural 
values on extensive tracts of ASRC and Nunamiut lands within 
the Park; and to further park purposes and protect remaining 
wilderness values, while fairly accommodating the concerns of 
the residents of Anaktuvuk Pass, and
    Whereas, development on certain ASRC and Nunamiut lands 
within the Park would adversely affect the values of adjacent 
federally owned lands and would make protection their resources 
more difficult; and
    Whereas, ASRC, Nunamiut and the City consider the Agreement 
to also be in the public interest, to provide necessary ATV 
access within the Park for Anaktuvuk Pass residents who are 
otherwise eligible to make subsistence uses of the Park; and
    Whereas, the ATV easements established under the 1983 
Agreement are considered unsatisfactory; the acquisition of 
ASRC land by the United States and its inclusion as part of the 
Park precluded dispersed ATV use on such lands; and the 
residents of Anaktuvuk Pass desire assured access to certain 
federally owned Park lands; and
    Whereas, the parties recognize that legislation by the 
Congress of the United States is required to effectuate this 
Agreement;
    Now, therefore, in consideration of the mutual promises set 
forth in this Agreement and other good and valuable 
consideration, the parties covenant and agree as follows:

1. Legislative responsibilities and obligations

    (a) Upon execution of this Agreement, the parties agree to 
pursue the exchange of lands and interests in lands, as 
described in this Agreement, recognizing the legislation by the 
Congress of the United States authorizing, ratifying and 
confirming this Agreement is required. In the event of 
enactment of such legislation by the Congress of the United 
States, which authorizes or directs the Secretary to enter into 
the obligations described in this Agreement, the parties agree 
to the provisions specified in the Agreement and to be bound 
thereby.
    (b) The parties further agree that the performance of the 
obligations and commitments made in this Agreement is expressly 
conditioned upon the enactment of legislation by the Congress 
of the United States authorizing, ratifying and confirming the 
terms of this Agreement, and that the obligation and 
commitments made in this Agreement are not binding on the 
parties except upon enactment of legislation by the Congress of 
the United States authorizing and permitting the commitments 
made by the parties.
    (c) Prior to the enactment of legislation by the Congress 
of the United States authorizing, ratifying and confirming the 
terms of this Agreement, no party shall be required to 
undertake any action required by this Agreement or receive any 
benefit hereunder, except that the parties agree hereafter to 
undertake the efforts described in subparagraphs (a) and (d) of 
this paragraph 1 and further agree not to alienate, encumber, 
substantially alter the physical condition, or otherwise effect 
a material change in the management of any lands or interests 
in lands proposed to be exchanged or conveyed under this 
Agreement.
    (d) ASRC, Nunamiut and the City agree to support the terms 
of this Agreement during consideration by the Congress of the 
United States of legislation authorizing and ratifying the 
terms of this Agreement, and the Secretary similarly agrees to 
support the terms of this Agreement to the extent consistent 
with the legislative, Budgetary, legal and programmatic 
policies of the Executive Branch of the United States. The 
parties mutually agree that they will not seek to alter or have 
altered, prior to legislative ratification and confirmation, 
the terms of this Agreement without first attempting in good 
faith and with due diligence to obtain the concurrence of the 
other parties to this Agreement in any such alteration, and 
will keep the other parties to this agreement fully and timely 
informed of any efforts in which they are involved or of which 
they are aware, individually or collectively, to make or obtain 
such alteration.
    (e) Notwithstanding any other provision of this Agreement, 
if the Congress of the United States enacts ratifying and 
confirming legislation which amends or alters any of the terms 
of this Agreement in the absence of specific written 
concurrence of the parties in such amendment or alteration, 
ASRC, Nunamiut, the City, or the Secretary (unless the 
Secretary's right to terminate the agreement is limited by 
legislation) shall have the right to terminate this Agreement 
within sixty days of the enactment of such legislation by 
written notice to and receive by all the other parties within 
such 60-day period. Upon the receipt of such notice by all the 
other parties, this agreement shall be null and void and shall 
have no further force or effect whatsoever. Absent such notice 
the parties, within the period provided above, shall be deemed 
to have accepted and concurred in the Agreement as altered or 
amended by Congress in the same manner as if the parties had 
executed an amendment to the Agreement.
    (f) This Agreement is expressly conditioned upon Congress 
enacting legislation providing authorization for ATVs for 
subsistence purposes on federally owned Park lands within the 
area specified in section 4(c) of this Agreement, and 
deauthorizing approximately 73,993 acres of land within the 
Park as wilderness and designating in lieu thereof 
approximately 56,825 acres of land within the Park as 
wilderness, as described and set forth in the maps attached as 
Exhibits A and B which are incorporated as part of this 
Agreement.

2. ASRC conveyances

    (a) ASRC, as the owner of the subsurface to approximately 
31,163 acres of land in the vicinity of Itkillik Lake, pursuant 
to section 1431(c)(3) of ANILCA, and the owner of access and 
surface use rights to said 31,163 acres for the purpose of 
exploration and removal of oil and gas, subject to rules and 
regulations applicable to the National Park System, as provided 
for in section 1431(l) of ANILCA, agrees that:
          (i) ASRC, its successors, assigns and lessees shall 
        relinquish by conveyance to the United States by 
        special warranty deed all surface use and access rights 
        established by section 1431(l) of ANILCA to 
        approximately 17,580 acres of subsurface estate, 
        generally depicted on the map attached as Exhibit C1 
        which is incorporated as a part of this agreement.
          (ii) Notwithstanding any applicable regulations, 
        ASRC, its successors, assigns and lessees agree that 
        all exploratory work in the remaining subsurface estate 
        open to surface access will be conducted only when 
        there is adequate snow cover and frozen ground, and 
        using the least damaging technology currently 
        available, in order to minimize damage to federally 
        owned Park resources. Said lands are generally depicted 
        on the map attached as Exhibit C2 which is incorporated 
        as part of this agreement.
    (b) ASRC, as the owner of the subsurface and surface rights 
to approximately 15,790 acres of land in the vicinity of 
Chandler Lake, generally depicted on the map attached as 
Exhibit D which is incorporated as a part of this Agreement, 
shall relinquish by conveyance to the United States by special 
warranty deed its right to extract or develop the subsurface 
estate including sand and gravel.

3. ASRC and Nunamiut conveyances

    (a) ASRC and Nunamiut, as the owners of the surface and 
subsurface estate pursuant to sections 12(a) and 12(c) of 
ANCSA, and section 1431 of ANILCA, to approximately 38,840 
acres of land in the Park, as depicted on the map attached as 
Exhibit E, which is incorporated and made a part of this 
Agreement, agree that they shall, convey by special warranty 
deed to the United States the surface and subsurface estate of 
said 38,840 acres. Access to said 38,840 acres for subsistence 
purposes with motorized vehicles shall be prohibited (except 
for snowmachines as defined in 36 CFR 13.1(q)), and the area 
designated as park wilderness. Subsistence uses will be 
permitted as on other park wilderness.
    (b) ASRC and Nunamiut, as the owners of the surface and 
subsurface estate pursuant to sections 12(a) and 12(c) of 
ANCSA, and section 1431 of ANILCA, to approximately 52,937 
acres of land in the Park, as depicted on the map attached as 
Exhibit F, which is incorporated and made a part of the 
Agreement, agree that they shall, subject to valid existing 
rights, by conveyance by special warranty deed to the United 
States in the form of a conservation and scenic easement 
running with the land, binding on their successor, assigns, and 
lessees encumber and restrict the use of the said 52,937 acres 
in a manner that will prohibit all development, improvement or 
associated surface disturbing activities on said 52,937 acres, 
including but not limited to, permanent or temporary 
structures, roads, constructed trails, and exploration for or 
development of all subsurface resources, including sand and 
gravel, provided that the right to construct temporary 
facilities and structures which disturb the surface of the 
ground and are directly related to subsistence uses only, as 
defined in Title VIII of ANILCA, shall be reserved in the 
conveyance under this subparagraph. A temporary facility or 
structure includes tents, tent platforms, drying racks, caches 
for food or equipment, or other manmade improvements that can 
be readily and completely dismantled and removed from the site 
even though it may remain for a period longer than 12 months.
    (c) In order to terminate the off road vehicle access 
easements established under the 1983 Agreement, Nunamiut shall 
convey by special warranty deed to the United States the 
easements previously conveyed to or reserved in ASRC under the 
1983 Agreement and subsequently transferred by ASRC to 
Nunamiut. The existing float or ski plane access easement 
(ASRC-F) to Chandler Lake shall be retained.
    (d) ASRC and Nunamiut shall convey to the United States by 
special warranty deed public access easements across all ASRC 
and Nunamiut Corporation lands and interests in lands within 
the Park to further the public access, use and enjoyment of 
federally-owned lands in the Park for wilderness recreational 
activities and park management. Said lands (approximately 
117,842 acres) are depicted in Exhibit G, which is incorporated 
and made part of this Agreement. The easements will permit only 
pedestrian and dog team access, overnight camping, and 
nonlinear rights of access to federally-owned lands within the 
boundaries of the Part, provided that the Superintendent and 
the State of Alaska may utilize mechanical access for 
management purposes on these easements, only to the extent that 
the method and means of mechanical access used is as permitted 
for similar management purposes on federally owned Park lands.
    (e) The Secretary, in consultation with Nunamiut, shall 
manage public access across such easements under the authority 
of applicable regulations, to avoid conflicts with subsistence 
uses on ASRC and Nunamiut lands, while ensuring that the public 
retains reasonable pedestrian and dog team access to the 
federally owned lands in the Park, subject to a priority for 
subsistence uses on ASRC and Nunamiut lands. Camping within 
one-half mile of an active subsistence hunting camp, or camping 
for more than one night at the same site on Nunamiut or ASRC 
lands is prohibited, except in emergencies.
    (f) In the event Nunamiut or ASRC acquires additional lands 
within the Park pursuant to the provisions of ANCSA that are 
within, adjacent or contiguous to the lands described in 
subparagraphs (a) or (b) of this paragraph 3, Nunamiut and ASRC 
agree that they shall convey to the United States the same 
conservation, scenic and public access easements running with 
the land as provided for in subparagraphs (b) and (d).
4. Conveyances by the United States

    (a) The United States, as the owner, for the use and 
benefit of the public, of section 17(b) easements retained and 
reserved by the United States under the provisions of section 
17(b) of ANCSA in various conveyances to ASRC and Nunamiut 
under section 12(a) and 12(c) of ANCSA and section 1431(c) of 
ANILCA, agrees that the Secretary shall convey by quitclaim 
deed to ASRC and Nunamiut jointly the said 17(b) easements 
identified and reserved in previous conveyances by the 
Secretary to ASRC and Nunamiut on the lands described in 
Exhibit G referenced in paragraph 3(d).
    (b) The Secretary shall convey by interim conveyance and 
patent to ASRC and Nunamiut the surface and subsurface estate 
to approximately 30,642 acres of land in the Akmagolik and 
Contact Creek areas, as depicted on the map attached as Exhibit 
H, in proportion to the surface and subsurface estate ASRC and 
Nunamiut shall convey to the United States under paragraph 3(a) 
of this Agreement and as depicted by Exhibit E. Prior to the 
Secretary's conveyance under this paragraph 4(b), ASRC and 
Nunamiut shall mutually designate the specific lands to be 
conveyed to them. The conveyances under this paragraph 4(b) 
shall reserve to the United States the conservation, scenic and 
public access easements as described in paragraphs 3 (b) and 
(d) of this Agreement.
    (c) The Secretary shall convey by quitclaim deed to 
Nunamiut easements only for ATV access for subsistence purposes 
over approximately 126,632 acres of land as depicted by the map 
attached as Exhibit I, which is incorporated and made part of 
this Agreement.
          (i) An ATV is defined as a 6- or 8-wheeled vehicle 
        with low pressure tires, with a maximum weight of 1200 
        lbs. empty or 2000 lbs. fully loaded. Other vehicles 
        may be permitted on the lands identified in this 
        subsection (c) if the Secretary determines their 
        cumulative impact, both physical and aesthetic (visual 
        and audible), will be no more detrimental than the 6- 
        or 8-wheeled vehicles currently in use at the time this 
        Agreement is executed.
          (ii) Said easements shall provide ATV access for 
        subsistence purposes on the specified Park lands only 
        for those persons whose primary permanent place of 
        residence is Anaktuvuk Pass (hereinafter ``resident'' 
        or ``residents''), and who are otherwise eligible to 
        make subsistence uses of the Park, pursuant to Title 
        VIII of ANILCA, its implementing regulations or other 
        applicable law.
          (iii) Said easements shall allow residents to invite 
        non-resident relatives by blood, marriage, or adoption 
        to accompany a resident who is operating an ATV in 
        accordance with the provisions of this Agreement. Non-
        resident invitees do not by reason of their status as 
        invitees become eligible to make subsistence uses of 
        the park pursuant to Title VIII or section 201(4) of 
        ANILCA. Non-resident invitees are not authorized to 
        operate an ATV.
    (d) ATV use on the above lands may be modified only to the 
extent reasonably necessary to carry out the Secretary's 
responsibilities for the protection of archaeological or 
historic resources, endangered species of plants or animals, or 
the maintenance of natural and healthy populations of wildlife.
    (e) In the event of a substantiated pattern of conflict 
between recreational use and subsistence use, the Secretary, in 
consultation with Nunamiut, shall manage use of federally owned 
Park lands so as to minimize user conflicts and ensure 
recreational use while allowing reasonable opportunity for 
subsistence activities.
    (f) The Secretary shall convey to Nunamiut an easement that 
will permit residents who are otherwise eligible to make 
subsistence uses of the Park to have airplane access to the 
surface of Itkillik Lake by float or ski plane for the limited 
purpose of engaging in subsistence activities.

5. City conveyance

    The City shall donate to the Secretary by warranty deed, 
free and clear of all encumbrances, liens and taxes, the tract 
of land described as Block 7, Lot 11B within the corporate 
limits of the City of Anaktuvuk Pass. The donation shall occur 
within 180 days of the enactment of the authorizing and 
ratifying legislation.

6. Conveyancing

    (a) The conveyances set forth in this Agreement shall be 
made by the simultaneous exchange of deeds of conveyance within 
180 days of the enactment of legislation by the Congress of the 
United States that ratifies and confirms this agreement, unless 
the parties mutually agree to a later date.
    (b) In the event Nunamiut or ASRC becomes obligated to make 
conveyances to the United States pursuant to Paragraph 3(f) of 
this Agreement, the conveyances shall be made within 180 days 
of the receipt from the United States of interim conveyances or 
patents to the affected lands, whichever occurs first.
    (c) ASRC, Nunamiut, and the City will be responsible for 
the costs of title evidence reasonably satisfactory to the 
Secretary for their respective conveyances to the United States 
under this Agreement.
    (d) ASRC, Nunamiut, and the City will be responsible for 
assuring that all taxes, liens and other encumbrances are 
removed from the lands or interests in lands that they are 
respectively obligated to convey under the terms of this 
Agreement.
    (e) ASRC, Nunamiut, and the City agree that all taxes, 
assessments, and encumbrances which are a lien against the land 
at the time of their respective conveyances to the United 
States of the lands or interests in lands described in this 
Agreement shall be satisfied of record at or before their 
respective conveyance of such lands or interests in lands to 
the United States; and, if ASRC, Nunamiut, or the City fail to 
do so, the United States may pay any taxes, assessments, and 
encumbrances which are a lien against such interests in lands; 
that the amount of such payments by the United States shall be 
paid to the Secretary within 90 days of closing, and failure to 
reimburse the Secretary shall be a lien against other lands or 
interests in lands owned by ASRC, Nunamiut, or the City 
respectively and that ASRC, Nunamiut, and the City at the 
request of the United States, shall obtain and record such 
other curative evidence of title as may be required by the 
United States.
    (f) Prior to the execution of the Agreement and prior to 
the conveyances by ASRC and Nunamiut to the United States of 
the interests in lands described in this Agreement, ASRC and 
Nunamiut shall provide to the Secretary opinions of counsel 
stating that ASRC and Nunamiut have the legal power to execute 
the Agreement, are authorized to convey the interests in lands 
identified in the Agreement, and are corporations in good 
standing under the laws of the State of Alaska.
    (g) ASRC and Nunamiut shall also provide copies of 
appropriate Corporate resolutions authorizing the execution of 
the Agreement and the conveyance of the interests in land 
provided for in this Agreement.

7. Research

    ASRC and Nunamiut agree to such cooperation as they 
consider appropriate on research projects or surveys that will 
assist the Secretary in carrying out his management 
responsibilities within the boundaries of the Park for 
preservation of resources, and that will assist him to manage 
recreational and subsistence uses of all federally-owned lands 
administered by the National Park Service, and assist him to 
manage access easements across ASRC and Nunamiut lands. No 
commitment of funds by any party is implied in this statement, 
and the commitment of the Secretary is subject to the 
availability of appropriated funds.

8. General provisions

    (a) Nothing in this Agreement shall abridge the right of 
Anaktuvuk Pass or of other local rural residents to make use of 
subsistence resources on Park lands, where such uses are 
traditional, in accordance with the provisions of Title VIII of 
the Alaska National Interest Lands Conservation Act (PL 96-
487), as now or hereafter amended, its implementing regulations 
or other applicable law.
    (b) Nothing in this Agreement shall preclude inclusion of 
ASRC or Nunamiut lands subject to this Agreement in the Alaska 
Land Bank, as authorized by section 907 of ANILCA, 43 U.S.C. 
1636, or defeat the application of section 11 of the Alaska 
Native Claims Settlement Act Amendments of 1987 P.L. 100-241, 
or any similar subsequent legislation of general application to 
Alaska Native corporations.
    (c) Nothing in this Agreement shall affect the rights or 
status of pending Alaska Native Allotment applications or 
allottees taking title under the Alaska Native Allotment Act 
from developing and improving their lands or interests in 
lands. These rights include, without limitation, all rights of 
access provided by sections 1110 and 1111 of ANILCA.
    (d) The parties agree that the donation or exchange of 
lands or interests in lands under this Agreement will not 
affect the acreage entitlement of ASRC or Nunamiut under ANCSA 
or ANILCA.
    (e) ASRC and Nunamiut waive any rights that they may have 
to require a survey of the interests in lands conveyed by this 
Agreement, notwithstanding any other provision of law; 
provided, that such waiver shall not apply to lands conveyed to 
Nunamiut and ASRC by patent under this agreement.
    (f) The maps attached as Exhibits A through I and 
incorporated into the Agreement accurately depict the lands 
subject to the wilderness deauthorization, wilderness 
designation, conveyances, retention of surface access rights, 
access easements and ATV easements, as appropriate, and are 
evidence of such wilderness deauthorization, wilderness 
designation, conveyances, retention of surface access rights, 
access easements and ATV easements. Controlling 1:63,360 
series, topographic maps are on file with the Alaska Regional 
Office of the National Park Service and the Gates of the Arctic 
Superintendent.
    (g) ASRC and Nunamiut agree not to assign to any third 
party the rights under this Agreement to receive the conveyance 
of the interests in lands provided for in this Agreement.
    (h) The Secretary, his assigns, successors and agents shall 
have the right of access to and inspection of the lands subject 
to this Agreement to determine whether the terms of the 
Agreement or the conveyance have been met.
    (i) Based on his review of the lands or interests in lands 
and other consideration being donated or exchanged pursuant to 
this Agreement, the Secretary finds that the exchange is in the 
public interest.
    (j) Any failure by any party to this Agreement to object to 
or to seek a remedy of any violation by another party of any 
provision of this Agreement shall not be deemed a waiver of or 
estop any future right to object to or to seek a remedy of a 
subsequent violation, whether the later violation is of the 
same or another provision of this Agreement.
    (k) In the event that this Agreement is terminated as 
provided for in sections 1(b) or 10(d), or is set aside because 
of a final and non-appealable order of a court of competent 
jurisdiction, the parties shall return to their status and 
rights prior to the execution of this Agreement, and the 
parties agree to take whatever actions and execute whatever 
documents are necessary to restore the status quo ante; 
provided, that if any provision of this Agreement is set aside 
by such court order the Agreement may be reformed, with the 
consent of the parties to the Agreement, so as to comply with 
the court's order and without further Congressional action.
    (l) Except by virtue of the legislation authorizing and 
ratifying this agreement, nothing in this Agreement shall be 
construed as creating any rights of enforcement by or imposing 
any obligation on any person or entity that is not a party to 
this Agreement. It is specifically understood that the effect 
of the authorizing and ratifying legislation will be to impose 
obligations of compliance with the terms of this Agreement on 
Park visitors, the residents of Anaktuvuk Pass and other 
persons and entities not parties to this Agreement.
    (m) For the purpose of expediting execution of this 
Agreement, it may be signed in separate counterparts, which 
when all parties have so signed, shall be deemed a single 
Agreement.
    (n) To the extent not prohibited by legislation 
authorizing, ratifying and confirming this Agreement, this 
Agreement may be amended, modified or supplemented by mutual 
consent of all the parties hereto. Such amendment, modification 
or supplementation may be made upon 30 days prior written 
notice to the House Interior and Insular Affairs and Senate 
Energy and Natural Resources Committees.
    (o) The parties mutually covenant and agree not to sue each 
other challenging the legal authority or capacity to effectuate 
any provision herein; provided, that nothing herein shall be 
construed to prevent any party from suing to enforce this 
Agreement or seeking any other available remedy for breach of 
this Agreement, consistent with the terms of this Agreement.
    (p) No member of or delegate to Congress, or Resident 
Commissioner, shall be admitted to any share or part of this 
Agreement or to any benefit that may arise therefrom; but this 
provision shall not be construed to extend to this Agreement if 
made with a corporation for its general benefit.

9. Hazardous and toxic waste

    (a) ASRC, Nunamiut and the City have received no actual 
notice and are not aware that any of the lands or interests in 
lands to be conveyed to the United States pursuant to this 
Agreement have ever been listed by the State of Alaska, or any 
agency of the United States, as containing any hazardous waste, 
hazardous material, chemical waste, or any other toxic 
substance, or that any of the aforesaid substances has been 
spilled or dumped on such lands or interests in lands.
    (b) ASRC, Nunamiut and the City, severally but not jointly, 
agree to indemnify the United States, as the owners of the 
lands or interests in lands to be conveyed by each party to the 
United States pursuant to this Agreement, from any claim, loss, 
liability, damages or response costs whatsoever against the 
United States under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, Public Law 96-510 
(``CERCLA''), as amended by the Superfund Amendments and 
Reauthorization Act of 1986, Public Law 99-499, involving the 
lands or interests in lands to be conveyed by each party to the 
United States pursuant to this Agreement, arising solely with 
respect to the release or threatened release into the 
environment of any hazardous substance shown to have been 
created or placed upon such lands or interests in lands while 
such lands or interests in lands were owned by ASRC, Nunamiut 
or the City and prior to the conveyance of such lands or 
interests in lands to the United States, or resulting from 
activities undertaken by ASRC, Nunamiut or the City (including 
lessees, invitees, assigns, agents or contractors of each 
party) while such lands or interests in lands were owned by 
ASRC, Nunamiut or the City and prior to the conveyance of such 
lands or interests in lands to the United States. This 
indemnification shall include all reasonable costs and expenses 
(including reasonable attorney's fees) incurred by the United 
States in connection with any claim, loss, suit, demand, 
assessment, judgment or response cost incident to the matters 
indemnified against pursuant to this paragraph. This indemnity 
shall extend only to the release or threatened release into the 
environment of a hazardous substance (as defined by federal 
law) shown to have been created or placed upon such lands or 
interests in lands while such lands or interests in lands were 
owned by ASRC, Nunamiut or the City and prior to the conveyance 
of such lands or interests in lands to the United States, as to 
which the United States, ASRC, Nunamiut or the City receives 
legal process or other official notification from a competent 
court or administrative agency, including the United States, or 
as to which the United States initiates notice pursuant to 
Section 120 of CERCLA as amended, within 25 years from the 
effective date of this Agreement, involving ASRC, Nunamiut, the 
City or the United States in a judicial, administrative, 
investigative or other proceeding the purpose of which is to 
determine the necessity and scope of clean-up, response, or 
remedial activity and liability for the related costs or 
damages.
    (c) Whenever the United States shall learn of the existence 
of any liability for which ASRC, Nunamiut of the City is or may 
be responsible under the undertakings set forth in subparagraph 
(b) of this paragraph 9, the United States shall notify ASRC, 
Nunamiut or the City promptly and furnish such copies of 
documents or other information as the United States may have 
which may be used or useful in the defense thereof and shall 
afford ASRC, Nunamiut or the City full opportunity to 
participate in the defense of the same at its own expense with 
counsel of its own selection, and shall upon request and at 
ASRC's, Nunamiut's or the City's expense cooperate with ASRC, 
Nunamiut or the City in the defense thereof.

10. Encumbrances and other rights

    (a) The parties mutually covenant and agree that, prior to 
the conveyance of the lands or interests in lands provided for 
in this Agreement, the parties shall not encumber any interests 
in lands proposed to be exchanged or conveyed to any party 
under this Agreement, provided that if this Agreement has 
terminated pursuant to any provision of this Agreement, this 
paragraph shall no longer be effective.
    (b) The parties mutually covenant and agree that, prior to 
the conveyance of the lands or interests in lands provided for 
in this Agreement, the parties shall not substantially alter 
the physical condition or otherwise effect a material change in 
the management of any lands or interests in lands proposed to 
be exchanged or conveyed to any party under this Agreement.
    (c) Except as provided for in this Agreement, this 
Agreement neither enlarges nor diminishes the rights of ASRC or 
Nunamiut under ANCSA, ANILCA or any other law, including 
specifically the right to control access to and across ASRC and 
Nunamiut lands.
    (d) If Congress has not enacted a law authorizing and 
ratifying this Agreement within one year after the last dated 
signature, the Agreement shall terminate, unless extended for 
an additional period by mutual agreement of all the parties.
    (e) All of the lands or interests in lands conveyed to or 
received by Nunamiut and ASRC under the Agreement shall be 
deemed to be conveyed and received pursuant to exchange under 
section 22(f) of ANCSA, as amended.
    For:
                                   City of Anaktuvuk Pass, AK,
                                   (By) Reid Nay, Mayor.

                                   Nunamiut Corp.
                                   (By) ------ ------, President.

                                   Arctic Slope Regional Corp.,
                                   (By) Jacob Adams, President.

                                   Secretary of the Interior,
                                   (By) John Michael Hayden,
                                           Assistant Secretary for Fish 
                                               and Wildlife and Parks.
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                                               
                               amendment

    This Amendment entered into effect the 17th day of December 
1993, by Arctic Slope Regional Corporation (hereinafter 
``ASRC''), Nunamiut Corporation (hereinafter ``Nunamiut''), the 
City of Anaktuvuk Pass (hereinafter ``City''), and the United 
States of America, and the Secretary of the Interior, acting 
through the Assistant Secretary of the Interior for Fish and 
Wildlife and Parks of the Department of the Interior 
(hereinafter ``the Secretary''). ASRC, Nunamiut, City, and the 
Secretary are collectively referred to as ``the Parties.''
    This document amends the agreement between the Parties 
titled ``Donation, Exchange of Lands and Interests in Lands and 
Wilderness Redesignation Agreement Among Arctic Slope Regional 
Corp., Nunamiut Corp., City of Anaktuvuk Pass and the United 
States of America'' entered into on the 17th day of December 
1992 (hereinafter ``the Agreement'').
    Whereas, Section 10(d) the Agreement provides, ``If 
Congress has not enacted a law authorizing and ratifying the 
Agreement within one year after the last dated signature, the 
Agreement shall terminate, unless extended for an additional 
period by mutual agreement of all the Parties,'' and
    Whereas, Congress has not enacted a law authorizing and 
ratifying the Agreement, and
    Whereas, all the Parties mutually agree that the Agreement 
shall be extended for an additional period.
    Now, therefore, in consideration of the foregoing, the 
Parties covenant and agree that section 10(d) of the Agreement 
shall be replaced and amended as follows:

          (d) If Congress has not enacted a law authorizing and 
        ratifying this Agreement by December 31, 1994, the 
        Agreement shall terminate, unless extended for an 
        additional period by mutual agreement of all the 
        Parties.

    For the purpose of expediting execution of this Amendment 
it may be signed in separate counterparts. When all Parties 
have so signed, the separate counterparts shall be deemed a 
single Amendment.
    For:
                                   Secretary of the Interior,
                                   (By) George T. Trampton,
                  Assistant Secretary, Fish and Wildlife and Parks.

                                   Nunamiut Corp.
                                   (By) ------ ------, President.
                 Gates of the Arctic Exchange Agreement

                            amendment no. 2

    This Amendment is entered into effective the 15th day of 
February 1994 and except as otherwise provided by this 
Amendment, is by and among the Arctic Slope Regional 
Corporation (hereinafter ``ASRC''), Nunamiut Corporation 
(hereinafter ``Nunamiut''), the City of Anaktuvuk Pass 
(hereinafter ``City''), and the United States of America, and 
the Secretary of the Interior, acting through the Assistant 
Secretary of the Interior for Fish and Wildlife and Parks of 
the Department of the Interior (hereinafter ``the Secretary''). 
ASRC, Nunamiut, the City, and the Secretary (or any two or more 
of them) are collectively referred to as ``the Parties.''
    This document amends the Agreement between the Parties 
entitled ``Donation, Exchange of Lands and Interests in Lands 
and Wilderness Redesignation Agreement Among Arctic Slope 
Regional Corp., Nunamiut Corp., City of Anaktuvuk Pass and the 
United States of America'' entered into on the 17th day 
December 1992 (hereinafter ``the Agreement'') and referred to 
above as ``Gates of the Arctic Exchange Agreement.''
    Whereas, section 4(d) of the Agreement provides:

          (d) ATV use on the above lands may be modified only 
        to the extent reasonably necessary to carry out the 
        Secretary's responsibilities for the protection of 
        archaeological or historic resources, endangered 
        species of plants or animals or the maintenance of 
        healthy populations of wildlife.

and
    Whereas, it will further the purposes of the Agreement to 
provide for a mutually satisfactory way for the Nunamiut and 
the Secretary, in consultation with the City, to cooperatively 
evaluate and cooperatively act to ensure the effects of ATV use 
on Park lands will remain at acceptable levels; and
    Whereas, the undersigned Parties mutually agree that the 
Agreement should be amended to achieve this goal.
    Now, therefore, in consideration of the foregoing and the 
mutual covenants contained in this Amendment, the undersigned 
Parties covenant and agree that Section 4(d) of the Agreement 
shall be replaced and amended to read as follows:

          (d) ATV use on Park lands may be modified only to the 
        extent necessary to ensure the protection of Park 
        resources, including archaeologic or historic 
        resources, endangered species, the maintenance of 
        natural and healthy populations of wildlife, water 
        quality, vegetation, and soils. In consultation with 
        the City, the Nunamiut and the Secretary will 
        cooperatively establish a program to evaluate the 
        effects of ATV use on Park lands. In consultation with 
        the City, the Nunamiut and the Secretary will annually 
        review the data from the evaluation program. Should the 
        evaluation program show that effects are approaching an 
        unacceptable level, actions to insure effects will 
        remain at acceptable levels will be undertaken for the 
        following ATV use seasons. The actions to be taken to 
        reduce the effects to insure they are at an acceptable 
        level will be determined by mutual agreement of the 
        Nunamiut and the Secretary, in consultation with the 
        City. Whether the effects of ATV use are acceptable or 
        not shall be determined by reference to the predicted 
        environmental consequences of ``Alternative C'' as 
        described on pages 168 through 194 of the Final 
        Legislative Environmental Impact Statement, released in 
        association with this Agreement on May 1, 1992, or on 
        other mutually agreed upon criteria that result from 
        analysis of data from the evaluation program.

    For the purpose of expediting execution of this Amendment, 
it may be signed in separate counterparts. When all parties 
have so signed, the separate counterparts shall be deemed a 
single amendment.

                                   Nunamiut Corp.,
                                   (By)------ ------, President.

                                   Arctic Slope Regional Corp.,
                                   (By) Jacob Adams, President.

                                   Secretary of the Interior,
                                   (By) George T. Frampton, Jr.,
                                           Assistant Secretary, Fish 
                                               and Wildlife and Parks.

                                   City of Anaktuvuk Pass,
                                   (By) Reid Nay, Mayor.
                   Additional Views of George Miller

    This legislation is the result of lengthy negotiations 
between the National Park Service and the Native Alaskan 
residents and inholders of land within the Gates of the Arctic 
National Park in Alaska. The Department of the Interior and the 
Alaskans who participated in the negotiations deserve 
recognition for their efforts to bring this agreement to the 
Congress to ratify.
    As a Member of the House Resources Committee, I have worked 
to carefully scrutinize proposed federal land exchanges to 
ensure that they are in the best interests of the taxpayers and 
promote proper resource management. While I support HR 400, 
this legislation is necessary because of an ill-advised 1983 
land exchange with far-reaching effects upon the national 
interest.
    The provisions of HR 400 address management problems 
created--or not resolved by--the 1983 Chandler Lake Land 
exchange between the Department of the Interior and the Arctic 
Slope Regional Corporation (ASRC), an Alaska Native 
Corporation. In this exchange, the Department traded 92,160 
acres of subsurface oil and gas rights within the Arctic 
National Wildlife Refuge (ANWR) for 101,272 surface acres of 
ASRC inholdings within the Gates of the Arctic National Park. 
While the acreage involved in the land exchange was similar, 
the values of the property were vastly skewed in favor of the 
Native Corporation. The Department valued the lands acquired by 
the government at only $5.1 million, while the ANWR oil and gas 
rights traded to ASRC were valued at $395.5 million.
    In addition to agreeing to an exchange involving assets of 
grossly disproportionate value, the Department of the Interior 
offered many concessions to ASRC--further tipping the scales in 
the Native Corporation's favor. For example, ASRC was permitted 
to drill exploratory wells within the ANWR lands and retain the 
exclusive rights to the test-well data obtained. As a result, 
ASRC has access to the data from the only well drilled in the 
coastal plain, giving them and their oil company partners a 
significant advantage over the federal government in assessing 
the oil and gas potential of ANWR. Moreover, the exchange was 
structured to ASRC's advantage so that section 7(i) of the 
Alaska Native Claims Settlement Act, which requires sharing 70 
percent of oil and gas revenues with other Alaska Native 
corporations, did not apply.
    As detailed in hearings on the Arctic National Wildlife 
Refuge (Serial No. 100-52, Subcommittee on Water and Power 
Resources of the Committee on Interior and Insular Affairs, 
June 9-10, 1988), the Chandler Lake exchange was negotiated and 
executed by the Department of the Interior with neither public 
hearings nor Congressional approval. The Department's 
assurances that the exchange was a fair deal for the taxpayers 
proved to be false. A 1989 investigative report, ``Chandler 
Lake Land Exchange Not in the Government's Best Interest'' 
(GAO/RCED-90-5), concluded that the exchange, in addition to 
being a rip-off of public resources, created more problems than 
it solved. According to GAO, ``Interior stated that the 
exchange would `assure sound use of natural resource lands and 
protect critical natural values.' However, the exchange has had 
much the opposite effect. It has created a land management 
problem for the park service and has harmed the wild and 
undeveloped character of the park.''
    It is unfortunate that HR 400 is needed to repair the 
problems created by the seriously-flawed 1983 Chandler Lake 
exchange. This legislation should serve as a reminder to all 
Members to carefully consider the details and implications of 
federal land exchanges prior to voting.

                                   George Miller.