[Senate Report 104-44]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 67
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-44
_______________________________________________________________________


 
 ANAKTUVUK PASS LAND EXCHANGE AND WILDERNESS REDESIGNATION ACT OF 1995

_______________________________________________________________________


    April 7 (legislative day, April 5), 1995.--Ordered to be printed

                                _______


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 400]
    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, reports 
favorably thereon with an amendment and recommends that the 
Act, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:
SECTION 1. SHORT TITLE

    This Act may be cited as the ``Anaktuvuk Pass Land Exchange and 
Wilderness Redesignation Act of 1995''.

   TITLE I--ANAKTUVUK PASS LAND EXCHANGE AND WILDERNESS REDESIGNATION
SEC. 101. FINDINGS.

    The Congress makes the following findings:
          (1) The Alaska National Interest Lands Conservation Act (94 
        Stat. 2371), enacted on December 2, 1980, established Gates of 
        the Arctic National Park and Preserve and Gates of the Arctic 
        Wilderness. The village of Anaktuvuk Pass, located in the 
        highlands of the central Brooks Range, is virtually surrounded 
        by these national park and wilderness lands and is the only 
        Native village located within the boundary of a National Park 
        System unit in Alaska.
          (2) Unlike most other Alaskan Native communities, the village 
        of Anaktuvuk Pass is not located on a major river, lake, or 
        coastline that can be used as a means of access. The residents 
        of Anaktuvuk Pass have relied increasingly on snow machines in 
        winter and all-terrain vehicles in summer as their primary 
        means of access to pursue caribou and other subsistence 
        resources.
          (3) In a 1983 land exchange agreement, linear easements were 
        reserved by the Inupiat Eskimo people for use of all-terrain 
        vehicles across certain national park lands, mostly along 
        stream and river banks. These linear easements proved 
        unsatisfactory, because they provided inadequate access to 
        subsistence resources while causing excessive environmental 
        impact from concentrated use.
          (4) The National Park Service and the Nunamiut Corporation 
        initiated discussions in 1985 to address concerns over the use 
        of all-terrain vehicles on park and wilderness land. These 
        discussions resulted in an agreement, originally executed in 
        1992 and thereafter amended in 1993 and 1994, among the 
        National Park Service, Nunamiut Corporation, the City of 
        Anaktuvuk Pass, and Arctic Slope Regional Corporation. Full 
        effectuation of this agreement, as amended, by its terms 
        requires ratification by the Congress.

SEC. 102. RATIFICATION OF AGREEMENT.

    (a) Ratification.--
          (1) In general.--The terms, conditions, procedures, 
        covenants, reservations and other provisions set forth in 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'' (hereinafter 
        referred to in this Act as ``the Agreement''), executed by the 
        parties on December 17, 1992, as amended, are hereby 
        incorporated in this Act, are ratified and confirmed, and set 
        forth the obligations and commitments of the United States, 
        Arctic Slope Regional Corporation, Nunamiut Corporation and the 
        City of Anaktuvuk Pass, as a matter of Federal law.
          (2) Land acquisition.--Lands acquired by the United States 
        pursuant to the Agreement shall be administered by the 
        Secretary of the Interior (hereinafter referred to as the 
        ``Secretary'') as part of Gates of the Arctic National Park and 
        Preserve, subject to the laws and regulations applicable 
        thereto.
    (b) Maps.--The maps set forth as Exhibits C1, C2, and D through I 
to the Agreement depict the lands subject to the conveyances, retention 
of surface access rights, access easements and all-terrain vehicle 
easements. These lands are depicted in greater detail on a map entitled 
``Land Exchange Actions, Proposed Anaktuvuk Pass Land Exchange and 
Wilderness Redesignation, Gates of the Arctic National Park and 
Preserve'', Map No. 185/80,039, dated April 1994, and on file at the 
Alaska Regional Office of the National Park Service and the offices of 
Gates of the Arctic National Park and Preserve in Fairbanks, Alaska. 
Written legal descriptions of these lands shall be prepared and made 
available in the above offices. In case of any discrepancies, Map No. 
185/80,039 shall be controlling.

SEC. 103. NATIONAL PARK SYSTEM WILDERNESS.

    (a) Gates of the Arctic Wilderness.--
          (1) Redesignation.--Section 701(2) of the Alaska National 
        Interest Lands Conservation Act (94 Stat. 2371, 2417) 
        establishing the Gates of the Arctic Wilderness is hereby 
        amended with the addition of approximately 56,825 acres as 
        wilderness and the rescission of approximately 73,993 acres as 
        wilderness, thus revising the Gates of the Arctic Wilderness to 
        approximately 7,034,832 acres.
          (2) Map.--The lands redesignated by paragraph (1) are 
        depicted on a map entitled ``Wilderness Actions, Proposed 
        Anaktuvuk Pass Land Exchange and Wilderness Redesignation, 
        Gates of the Arctic National Park and Preserve'', Map No. 185/
        80,040, dated April 1994, and on file at the Alaska Regional 
        Office of the National Park Service and the office of Gates of 
        the Arctic National Park and Preserve in Fairbanks, Alaska.
    (b) Noatak National Preserve.--Section 201(8)(a) of the Alaska 
National Interest Land Conservation Act (94 Stat. 2380) is amended by--
          (1) striking ``approximately six million four hundred and 
        sixty thousand acres'' and inserting in lieu thereof 
        ``approximately 6,477,168 acres''; and
          (2) inserting ``and the map entitled `Noatak National 
        Preserve and Noatak Wilderness Addition' dated September 1994'' 
        after ``July 1980''.
    (c) Noatak Wilderness.--Section 701(7) of the Alaska National 
Interest Lands Conservation Act (94 Stat. 2417) is amended by striking 
``approximately five million eight hundred thousand acres'' and 
inserting in lieu thereof ``approximately 5,817,168 acres''.

SEC. 104. CONFORMANCE WITH OTHER LAW.

    (a) Alaska Native Claims Settlement Act.--All of the lands, or 
interests therein, conveyed to and received by Arctic Slope Regional 
Corporation or Nunamiut Corporation pursuant to the Agreement shall be 
deemed conveyed and received pursuant to exchanges under section 22(f) 
of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, 
1621(f)). All of the lands or interests in lands conveyed pursuant to 
the Agreement shall be conveyed subject to valid existing rights.
    (b) Alaska National Interest Lands Conservation Act.--Except to the 
extent specifically set forth in this Act or the Agreement, nothing in 
this Act or in the Agreement shall be construed to enlarge or diminish 
the rights, privileges, or obligations of any person, including 
specifically the preference for subsistence uses and access to 
subsistence resources provided under the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3101 et seq.).

          TITLE II--ALASKA PENINSULA SUBSURFACE CONSOLIDATION

SEC. 201. DEFINITIONS.

    As used in this Act:
          (1) Agency.--The term agency--
                  (A) means--
                          (i) any instrumentality of the United States; 
                        and
                          (ii) any Government corporation (as defined 
                        in section 9101(1) of title 31, United States 
                        Code); and
                  (B) includes any element of an agency.
          (2) Alaska native corporation.--The term ``Alaska Native 
        Corporation'' has the same meaning as is provided for ``Native 
        Corporation'' in section 3(m) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602(m)).
          (3) Koniag.--The term ``Koniag'' means Koniag, Incorporated, 
        which is a Regional Corporation.
          (4) Koniag account.--The term ``Koniag Account'' means the 
        account established under section 4.
          (5) Property.--The term ``property'' has the same meaning as 
        is provided in section 12(b)(7)(vii) of Public Law 94-204 (43 
        U.S.C. 1611 note).
          (6) Regional corporation.--The term ``Regional Corporation'' 
        has the same meaning as is provided in section 3(g) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)).
          (7) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
          (8) Selection rights.--The term ``selection rights'' means 
        those rights granted to Koniag, pursuant to subsections (a) and 
        (b) of section 12, and section 14(h)(8), of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to 
        receive title to the oil and gas rights and other interests in 
        the subsurface estate of the approximately 275,000 acres of 
        public lands in the State of Alaska identified as ``Koniag 
        Selections'' on the map entitled ``Koniag Interest Lands, 
        Alaska Peninsula'', dated May 1989.
SEC. 202. ACQUISITION OF KONIAG SELECTION RIGHTS.

    (a) The Secretary shall determine, pursuant to subsection (b) 
hereof, the value of Selection Rights which Koniag possesses within the 
boundaries of Aniakchak National Monument and Preserve, Alaska 
Peninsula National Wildlife Refuge, and Becharof National Wildlife 
Refuge.
    (b) Value.--
          (1) In general.--The value of the selection rights shall be 
        equal to the fair market value of--
                  (A) the oil and gas interests in the lands or 
                interests in lands that are the subject of the 
                selection rights; and
                  (B) in the case of the lands or interests in lands 
                for which Koniag is to receive the entire subsurface 
                estate, the subsurface estate of the lands or interests 
                in lands that are the subject of the selection rights.
          (2) Appraisal.--
                  (A) Selection of appraiser.--
                          (i) In general.--Not later than 90 days after 
                        the date of enactment of this Act, the 
                        Secretary and Koniag shall meet to select a 
                        qualified appraiser to conduct an appraisal of 
                        the selection rights. Subject to clause (ii), 
                        the appraiser shall be selected by the mutual 
                        agreement of the Secretary and Koniag.
                          (ii) Failure to agree.--If the Secretary and 
                        Koniag fail to agree on an appraiser by the 
                        date that is 60 days after the date of the 
                        initial meeting referred to in clause (i), the 
                        Secretary and Koniag shall, by the date that is 
                        not later than 90 days after the date of the 
                        initial meeting, each designate an appraiser 
                        who is qualified to perform the appraisal. The 
                        2 appraisers so identified shall select a third 
                        qualified appraiser who shall perform the 
                        appraisal.
                  (B) Standards and methodology.--The appraisal shall--
                          (i) be conducted in conformity with the 
                        standards of the Appraisal Foundation (as 
                        defined in section 1121(9) of the Financial 
                        Institutions Reform, Recovery, and Enforcement 
                        Act of 1989 (12 U.S.C. 3350(9)); and
                          (ii) utilize risk adjusted discounted cash 
                        flow methodology.
                  (C) Submission of appraisal report.--Not later than 
                180 days after the selection of an appraiser pursuant 
                to subparagraph (A), the appraiser shall submit to the 
                Secretary and to Koniag a written appraisal report 
                specifying the value of the selection rights and the 
                methodology used to arrive at the value.
          (3) Determination of value.--
                  (A) Determination by the secretary.--Not later than 
                60 days after the date of the receipt of the appraisal 
                report under paragraph (2)(C), the Secretary shall 
                determine the value of the selection rights and shall 
                notify Koniag of the determination.
                  (B) Alternative determination of value.--
                          (i) In general.--Subject to clause (ii), if 
                        Koniag does not agree with the value determined 
                        by the Secretary under subparagraph (A), the 
                        procedures specified in section 206(d) of the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1716(d)) shall be used to establish 
                        the value.
                          (ii) Average value limitation.--The average 
                        value per acre of the selection rights shall 
                        not be more than $300.
SEC. 203. KONIAG ACCOUNT.

    (a) In General.--
          (1) The Secretary shall enter into negotiations for an 
        agreement or agreements to exchange Federal lands or interests 
        therein which are in the State of Alaska for the Koniag 
        Selection Rights referred to in section 202.
          (2) If the value of the Federal lands to be exchanged is less 
        than the value of the Koniag Selection Rights established in 
        section 202, then the Secretary may exchange the Federal lands 
        for an equivalent portion of the Koniag Selection Rights. The 
        remaining selection rights shall remain available for 
        additional exchanges.
          (3) For purposes of this section, the term ``Federal lands'' 
        means lands or interests therein located in Alaska, 
        administered by the Secretary and the title to which is in the 
        United States but excluding all lands and interests therein 
        which are located within a conservation system unit as defined 
        in the Alaska National Interest Lands Conservation Act section 
        102(4).
    (b) Account.--
          (1) In general.--With respect to any Koniag Selection Rights 
        for which an exchange has not been completed by October 1, 2004 
        (hereafter in this section referred to as ``remaining selection 
        rights''), the Secretary of the Treasury, in consultation with 
        the Secretary, shall, notwithstanding any other provision of 
        law, establish in the Treasury of the United States, an account 
        to be known as the Koniag Account. Upon the relinquishment of 
        the remaining selection rights to the United States, the 
        Secretary shall credit the Koniag Account in the amount of the 
        appraised value of the remaining selection rights.
          (2) Initial balance.--The initial balance of the Koniag 
        Account shall be equal to the value of the selection rights as 
        determined pursuant to section 3(b).
          (3) Use of account.--
                  (A) In general.--Amounts in the Koniag Account 
                shall--
                          (i) be made available by the Secretary of the 
                        Treasury to Koniag for bidding on and 
                        purchasing property sold at public sale, 
                        subject to the conditions described in this 
                        paragraph; and
                          (ii) remain available until expended.
                  (B) Assignment.--
                          (i) In general.--Subject to clause (ii) and 
                        notwithstanding any other provision of law, the 
                        right to request the Secretary of the Treasury 
                        to withdraw funds from the Koniag Account shall 
                        be assignable in whole or in part by Koniag.
                          (ii) Notice of assignment.--No assignment 
                        shall be recognized by the Secretary of the 
                        Treasury until Koniag files written notice of 
                        the assignment with the Secretary of the 
                        Treasury and the Secretary.
                  (C) Bidding and purchasing.--
                          (i) In general.--Koniag may use the Koniag 
                        Account to--
                                  (I) bid, in the same manner as any 
                                other bidder, for any property at any 
                                public sale by an agency; and
                                  (II) purchase the property in 
                                accordance with applicable laws, 
                                including the regulations of the agency 
                                offering the property for sale.
                          (ii) Requirements for agencies.--In 
                        conducting a transaction described in clause 
                        (i), an agency shall accept, in the same manner 
                        as cash, an amount tendered from the Koniag 
                        Account.
                          (iii) Adjustment of balance.--The Secretary 
                        of the Treasury shall adjust the balance of the 
                        Koniag Account to reflect each transaction 
                        under clause (i).
          (4) Special procedures.--The Secretary of the Treasury, in 
        consultation with the Secretary, shall establish procedures to 
        permit the Koniag Account to--
                  (A) receive deposits;
                  (B) make deposits into escrow when an escrow is 
                required for the sale of any property; and
                  (C) reinstate to the Koniag Account any unused escrow 
                deposits if a sale is not consummated.
    (c) Treatment of Amounts From Account.--The Secretary of the 
Treasury shall--
          (1) deem as a cash payment any amount tendered from the 
        Koniag Account and received by an agency as a proceed from a 
        public sale of property; and
          (2) make any transfer necessary to permit the agency to use 
        the proceed in the event an agency is authorized by law to use 
        the proceed for a specific purpose.
    (d) Requirement for the Administration of Sales.--
          (1) In general.--Subject to paragraph (2), the Secretary of 
        the Treasury and the heads of agencies shall administer sales 
        described in subsection (a)(3)(C) in the same manner as is 
        provided for any other Alaska Native Corporation that--
                  (A) is authorized by law as of the date of enactment 
                of this Act; and
                  (B) has an account similar to the Koniag Account for 
                bidding on and purchasing property sold for public 
                sale.
          (2) Prohibition.--Amounts in an account established for the 
        benefit of a specific Alaska Native Corporation may not be used 
        to satisfy the property purchase obligations of any other 
        Alaska Native Corporation.
    (e) Revenues.--The Koniag Account shall be deemed to be an interest 
in the subsurface for purposes of section 7(i) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.).

SEC. 204. CERTAIN CONVEYANCES.

    (a) Interests in Land.--For the purpose of section 21(c) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the following 
shall be deemed to be an interest in land:
          (1) The establishment of the Koniag Account and the right of 
        Koniag to request the Secretary of the Treasury to withdraw 
        funds from the Koniag Account.
          (2) The receipt by a Settlement Trust (as defined in section 
        3(t) of such Act (43 U.S.C. 1602(t)) of a conveyance by Koniag 
        of any right in the Koniag Account.
    (b) Authority To Appoint Trustees.--In establishing a Settlement 
Trust under section 39 of such Act (43 U.S.C. 1629e), Koniag may 
delegate the authority granted to Koniag under subsection (b)(2) of 
such section to any entity that Koniag may select without affecting the 
status of the Settlement Trust under this section.
                         Purpose of the Measure

    The purpose of H.R. 400, as ordered reported, is to provide 
Congressional ratification of a proposed agreement among the 
United States (through the National Park Service), Arctic Slope 
Regional Corporation, Nunamiut Corporation and the city of 
Anaktuvuk Pass to resolve a long standing dispute regarding the 
use of all-terrain vehicles within the boundaries of the Gates 
of the Arctic National Park for subsistence purposes by certain 
Alaska Natives, and to authorize the Secretary of the Interior 
to consolidate the surface and subsurface estates of certain 
lands within 3 conservation system units on the Alaska 
Peninsula.

                          Background and Need

    Following the enactment of the Alaska National Interest 
Lands Conservation Act (ANILCA) in 1980, the village of 
Anaktuvuk Pass was surrounded by the Gates of the Arctic 
National Park and Preserve and the Gates of the Arctic 
Wilderness. This village is unique in that it is completely 
surrounded by conservation system units and not located on a 
major river, lake or coastline that can be used as a means of 
access.
    In recent years, the residents of the village have relied 
increasingly on snow machines and all-terrain vehicles rather 
than dog teams for access to pursue caribou and other 
subsistence resources which are important components of their 
cultural heritage. A 1983 land exchange agreement recognized 
this use by reserving to the Inupiat Eskimo people linear 
easements for the use of all terrain vehicles across certain 
park lands, mostly adjacent to riparian areas. These easements 
proved unsatisfactory because they provided inadequate access 
to subsistence resources while causing considerable 
environmental damage to the riparian environment by 
concentrating use in a relatively few sensitive areas.
    Since 1985, the Park Service and the residents of the 
village have engaged in a series of discussions to address how 
best to balance the needs of the Native people to access 
subsistence resources (primarily caribou) by using all terrain 
vehicles, with the damage that such vehicles can cause to park 
and wilderness values.
    The parties agreed on a proposed settlement, which was the 
subject of an Environmental Impact Statement, in 1992. The 
settlement involves an exchange of fee lands between the 
regional and village corporations and the Department of the 
Interior; adjustment of the existing wilderness boundaries 
through the addition of certain lands and deletion of others; 
the conveyance of certain development rights to the United 
States; the conveyance of public access easements across native 
corporation lands; and conveyance of ATV access rights to 
residents of Anaktuvuk Pass for subsistence purposes.
    Title I of H.R. 400 would provide the Congressional 
ratification necessary to effectuate the agreement.
    Title II affects the Koniag Regional Corporation, Inc. 
(Koniag), one of the thirteen Alaska Native regional 
corporations established by the Alaska Native Claims Settlement 
Act (ANCSA) in 1971. Approximately 3,400 people, most of whom 
are Aleut or Russian Aleut, are enrolled as shareholders in 
Koniag. As part of its entitlement in the Koniag region under 
ANCSA, as amended by the ANILCA, Koniag retains approximately 
275,000 acres of subsurface 
selection rights, including oil and gas rights on the Alaska 
Peninsula. The subsurface selection rights underlie several 
significant conservation system units on the Peninsula; 
Aniakchak National Monument and Preserve; Alaska Peninsula 
National Wildlife Refuge; and Becharof National Wildlife 
Refuge.
    In order to eliminate these inholdings, title II of H.R. 
400 provides for a process for the acquisition, on a willing 
seller basis, of 275,000 acres of subsurface selection rights 
from Koniag. In exchange for Koniag's selection rights, the 
fair market value of which will be determined by the Department 
of the Interior in accordance with an appraisal process set out 
in title II, Koniag will be compensated with a property account 
that can be used to purchase excess federal property. The 
legislation specifies that the revenues received by Koniag will 
be subject to the revenue sharing provisions of section 7(i) of 
ANCSA. Under section 7(i), 70 percent of the revenues received 
by an Alaska Native Regional Corporation from the development 
of subsurface or timber resources are required to be shared 
among the other regional corporations, who in turn make 
distributions to their village corporations and at-large 
shareholders.

                          Legislative History

    Congressman Don Young of Alaska introduced H.R. 400 in the 
House of Representatives on January 4, 1995. H.R. 400 passed 
the House on February 1, 1995, and was subsequently referred to 
the Senate Committee on Energy and Natural Resources. Senator 
Murkowski introduced S. 536 on March 10, 1995.
    In the 103d Congress, Senator Murkowski and Senator Stevens 
introduced similar legislation, S. 2303, on July 21, 1994. At a 
hearing on S. 2303, the Department of the Interior testified in 
favor of the bill, if amended to designate and include the 
``Nigu Wilderness'' as part of the exchange. Legislation 
similar to title II of H.R. 400 provisions was introduced in 
both the 102d and 103d Congresses. A hearing was held on S. 855 
on July 29, 1993. The Committee reported amended versions of 
both S. 2303 and S. 855 on September 21, 1994.
    At the business meeting on March 15, 1995, the Committee on 
Energy and Natural Resources ordered H.R. 400 favorably 
reported, as amended to include S. 536 as Title II.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business on March 15, 1995, by a unanimous vote of a quorum 
present, recommends that the Senate pass H.R. 400 if amended as 
described herein.
    The roll call vote on reporting the measure was 18 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield \1\
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl \1\
Mr. Grams
Mr. Jeffords \1\
Mr. Burns
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman \1\
Mr. Akaka
Mr. Wellstone

    \1\ Indicates voted by proxy.

                          Committee Amendment

    During the consideration of H.R. 400, the Committee adopted 
an amendment which added a new title II, which contained the 
language of S. 536, a bill to authorize the Secretary of the 
Interior to consolidate the surface and subsurface estates of 
certain lands within 3 conservation system units on the Alaska 
Peninsula.
                      Section-by-Section Analysis

   title i--anaktuvuk pass land exchange and wilderness redesignation

    Section 101 sets forth Congressional findings.
    Section 102(a) provides for congressional ratification of 
an Agreement entered into among Arctic Slope Regional 
Corporation (ASRC), Nunamiut Corporation, the city of Anaktuvuk 
Pass and the United States concerning the disposition of 
certain lands located within the boundary of the Gates of the 
Arctic National Park. This Agreement, which was reached in 
December, 1992 and amended twice, sets forth the terms and 
conditions of a proposed exchange/settlement.
    The agreement, which is included as an Appendix to this 
report, includes the following major provisions:
          the conveyance of 30,642 acres of Federal land 
        located inside the boundaries of the park to ASRC and 
        the Nunamiut Corporation in exchange for 38,840 acres 
        of corporation land located within the park boundary;
          the deauthorization of approximately 73,933 acres of 
        existing wilderness within the park;
          the designation of approximately 56,825 acres within 
        the park as new wilderness;
          the conveyance by ASRC and Nunamiut Corporation of 
        surface and subsurface development rights to 
        approximately 116,435 acres within the boundaries of 
        the park to the United States;
          the conveyance of public access easements across 
        approximately 148,484 acres of land inside the park 
        boundary for pedestrian and dog sled access and camping 
        from ASRC and Nunamiut Corporation to the United 
        States;
          the conveyance of easements for all-terrain vehicle 
        (ATV) access for subsistence purposes over 
        approximately 126,632 acres of non-wilderness park land 
        from the United States to the Village Corporation; and
          the implementation of a cooperative management 
        process between the Secretary and the Nunamiut people 
        to evaluate the future effects of ATV use on park 
        lands.
    Subsection (b) identifies the maps and exhibits to 
accompany the Agreement; provides for their retention in the 
appropriate offices of the National Park Service; and provides 
for public inspection of the maps; and identifies which map 
controls in case of discrepancies.
    Section 103 of H.R. 400 amends Sections 201(8)(a), 701(2) 
and 701(7) of the Alaska National Interest Lands Conservation 
Act (94 Stat. 2371) and states new acreage totals for Noatak 
National Preserve, Gates of the Arctic Wilderness and the 
Noatak Wilderness.
    The Committee notes that acreage figures used in the Alaska 
National Interest Lands Conservation Act of 1980 were close 
approximations of public lands acreage within established park 
boundaries. Other enclosed acreage included privately owned 
land, state lands and lands selected by Alaska Native 
Corporations for possible conveyance. Since 1980 considerable 
refinement of park acreage figures has taken place and current 
calculations by the National Park Service vary to some degree 
from original figures. Since the calculated new acreage set 
forth in H.R. 400 differs somewhat from actual total acreage at 
Gates of the Arctic National Park and Noatak National Preserve, 
actual acreage in each area shall be controlled by National 
Park Service maps and legal descriptions of the new boundaries 
or boundary alterations.
    H.R. 400 effects a decrease of 17,168 acres in the Gates of 
the Arctic Wilderness. Noatak National Preserve is expanded by 
17,168 acres as is the Noatak Wilderness.
    Lands added to the Noatak National Preserve are depicted on 
National Park Service Map No. 189/80,041 entitled ``Noatak 
National Preserve and Noatak Wilderness Addition,'' dated 
September 1994, on file at the Alaska Regional Office of the 
National Park Service and the office of the Noatak National 
Preserve at Kotzebue, Alaska. Written legal descriptions of 
these lands shall be available at the above mentioned offices. 
In case of any discrepancy, Map No. 189/80,041 shall be 
controlling.
    Further, it is understood that management of the new park, 
preserve and wilderness lands added or designated by H.R. 400 
shall be subject to the applicable provisions of Public Law 96-
487, Dec. 2, 1980, 94 Stat. 2371.
    Section 104(a) provides that any lands or interests therein 
conveyed to and received by ASRC or Nunamiut Corporation 
pursuant to the agreement shall be deemed to have been conveyed 
and received pursuant to the requirements relating to land 
exchanges under action 22(f) of ANSCA. This subsection states 
that all of the lands and interests therein conveyed pursuant 
to the agreement shall be conveyed subject to valid existing 
rights.
    Subsection (b) is a savings clause which provides that 
nothing in this title or the Agreement may be construed to 
enlarge or diminish the rights, privileges or obligations of 
any person except to the extent provided in the Act or the 
Agreement, including the specific preference for subsistence 
uses and access to subsistence resources provided under ANILCA.
          title II--alaska peninsula subsurface consolidation

    Section 201 sets forth definitions used in the title.
    Section 202(a) directs the Secretary to determine the value 
of Koniag's selection rights within the boundaries of the 
Aniakchak National Monument and Preserve, Alaska Peninsula 
National Wildlife Refuge and Becharof National Wildlife Refuge.
    Subsection (b) sets forth the method the Secretary is to 
use in determining the fair market value of the selection 
rights, including the procedures for conducting appraisals and 
the standards and methodology to be used in the appraisal 
process. Specifically, the appraisal is to be conducted in 
conformance with the standards of the Appraisal Foundation and 
utilize risk adjusted discounted cash flow methodology. The 
subsection also provides for a procedure to be used in the 
event that Koniag does not agree with the value determined by 
the Secretary under the provisions of this subsection (the 
procedure specified in 206(d) of the Federal Lands Policy and 
Management Act) and also places a cap on the valuation. The 
average value per acre of the selection rights cannot exceed 
$300.00.
    Section 203(a) directs the Secretary to enter into 
negotiations with Koniag for a land exchange agreement or 
agreements to exchange Federal lands or interests therein 
located in the State of Alaska for Koniag selection rights.
    Subsection (b) states that with respect to any Koniag 
selection rights for which an exchange has not been completed 
by October 1, 2004, the Secretary of the Treasury shall 
establish, in the Treasury of the United States, an account to 
be known as the Koniag Account. Upon the relinquishment of the 
remaining selection rights to the United States (those not 
acquired by exchange), the Secretary shall credit the Konaig 
Account in the amount of the appraised value of the remaining 
selection rights.
    The Committee has agreed to establish a property account 
for Konaig because of the peculiar situation in Alaska with 
respect to the need to resolve outstanding Alaska Native claims 
and the large amount of federal land located in the State. The 
Committee action in this regard is not to be considered a 
precedent for other states.
    The subsection also sets forth the uses of the Koniag 
Account. Specifically, Koniag is to use the account in the same 
manner as any other bidder for any property at any public sale 
in accordance with applicable laws. In addition, Koniag is 
authorized to assign the account in whole or in part to anther 
party if Koniag files written notice of the assignment with the 
Secretary of the Treasury and the Secretary.
    Subsections (c) and (d) set forth how the Secretary of the 
Treasury and the heads of affected federal agencies shall treat 
expenditures from the account and how the account is to be 
administered.
    Subsection (e) provides that the Koniag Account shall be 
deemed to be an interest in the subsurface for the purposes of 
the section 7(i) of Alaska Native Claims Settlement Act 
(revenue sharing).
    Section 204(a) provides that for the purpose of section 
21(c) of ANCSA, the following shall be deemed an interest in 
land: (1) the establishment of the Koniag Account and the right 
of Koniag to request the Secretary of the Treasury to withdraw 
funds from the Account; and (2) the receipt by a Settlement 
Trust (as defined in section 3(t) of ANCSA) of a conveyance by 
Koniag of any right in the Koniag Account.
    Subsection (b) provides that in establishing a Settlement 
Trust under section 39 of ANCSA, Koniag may delegate the 
authority granted to it under subsection (b)(2) of such section 
to any entity that Koniag may select without affecting the 
status of the Settlement Trust.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 3, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed an updated version of H.R. 400, the Anaktuvuk Pass 
Land Exchange and Wilderness Redesignation Act of 1995, as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on March 15, 1995. This letter supersedes the 
estimate provided on March 17, 1995, which was based on an 
incomplete draft of the act. Based on the new language provided 
by committee staff, we estimate that enactment of H.R. 400 
would cost the Federal government about $200,000 over the next 
five years, assuming appropriation of the necessary funds. 
Enactment of H.R. 400 could affect direct spending if federal 
land currently generating income is given away; therefore, pay-
as-you-go procedures would apply. CBO cannot estimate the 
magnitude of such potential costs.
    Basis of Estimate. Title I of 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 ASRC.
    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.
    Title II would direct the Department of the Interior (DOI) 
to determine the value of subsurface mineral rights currently 
claimed by the Koniag Native Corporation in Alaska and to 
negotiate to exchange these rights for other federal land in 
that state. The act would establish a procedure for determining 
the value of the corporation's rights and places a cap of $300 
per acre on the rights. Any of these mineral rights that are 
not exchanged by October 1, 2004, would be converted to 
monetary credits that could be used by the corporation to 
purchase federal property.
    Based on information provided by DOI and the corporation, 
CBO estimates that DOI would incur costs totaling about 
$200,000 over the next five years to complete the exchange. The 
corporation has claimed rights to about 275,000 acres of oil, 
gas, and mineral rights under the Alaska Native Claims 
Settlement Act of 1971. Until appraisals are complete and the 
land exchange is negotiated, we cannot determine how much these 
rights are worth or which federal lands would be used in the 
exchange. (The legislation would establish a maximum value of 
$83 million.) CBO, therefore, has no basis for determining how 
much federal land would be relinquished in the exchange, what 
its value would be, or whether that land is currently 
generating income for the government. If income-generating land 
is used in the exchange, the federal government would lose 
offsetting receipts. Because the issuance of monetary credits 
constitutes budget authority and outlays, establishment of the 
Koniag account in fiscal year 2005 could result in additional 
direct spending in that year, but we have no basis for 
predicting what mineral rights would remain by that time.
    Enactment of H.R. 400 would not directly affect the budgets 
of state or local governments.
    Previous Estimates. On March 20, 1995, CBO prepared a cost 
estimate for S. 536, the Alaska Peninsula Subsurface 
Consolidation Act of 1995, as ordered reported by the Senate 
Committee on Energy and Natural Resources on March 15, 1995. 
That estimate is identical to the above estimate for Title II 
of H.R. 400.
    On March 17, 1995, CBO prepared a cost estimate for H.R. 
400, the Anaktuvuk Pass Land Exchange and Wilderness 
Redesignation Act of 1995, as ordered reported by the Senate 
Committee on Energy and Natural Resources on March 15, 1995. 
The earlier estimate is identical to the above estimate for 
Title I of this legislation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Theresa 
Gullo and Deborah Reis.
            Sincerely,
                                           June E. O'Neill,
                                                          Director.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 400. The Act is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 400, as ordered reported.
                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 400, as ordered 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 change is proposed is shown in roman):

            ALASKA NATIONAL INTERESTS 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, frizzly bears, Dall sheep, moose, wolves, and 
        for waterfowl, raptors, and others species of birds; to 
        protect archaeological 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) * * *
          (2) Gates of the Arctic Wilderness of [approximately 
        seven million and fifty-two thousand acres] 
        approximately seven million thirty-four thousand eight 
        hundred and thirty-two acres;
          * * * * * * *
          (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

                              ----------                              


   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 the 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 Anaktuvak 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 ANILCAS, 
16 U.S.C. 410hh(4); and
    Whereas, the 1979 Agreement sets froth 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 
ANILCAS, 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 surface estate of certain lands ASRC was 
entitled to received 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 invites, 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 part 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 of 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 the 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 1432 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 
purpose 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 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 
VII 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 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 
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 parked 
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. Conveyance 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 
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 interest 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 interest 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 interest 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 or 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) of 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. Frampton,
                                           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.