[104th Congress Public Law 123]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ123.104]


[[Page 110 STAT. 879]]

Public Law 104-123
104th Congress

                                 An Act


 
 To provide for the exchange of lands within Admiralty Island National 
Monument, and for other purposes. <<NOTE: Apr. 1, 1996 -  [H.R. 1266]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Greens Creek 
Land Exchange Act of 1995. Alaska. 16 USC 431 note.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Greens Creek Land Exchange Act of 
1995''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The Alaska National Interest Lands Conservation Act 
        established the Admiralty Island National Monument and sections 
        503 and 504 of that Act provided special provisions under which 
        the Greens Creek Claims would be developed. The provisions 
        supplemented the general mining laws under which these claims 
        were staked.
            (2) <<NOTE: Kennecott Greens Creek Mining Company, 
        Inc.>> The Kennecott Greens Creek Mining Company, Inc., 
        currently holds title to the Greens Creek Claims, and the area 
        surrounding these claims has further mineral potential which is 
        yet unexplored.
            (3) Negotiations between the United States Forest Service 
        and the Kennecott Greens Creek Mining Company, Inc., have 
        resulted in an agreement by which the area surrounding the 
        Greens Creek Claims could be explored and developed under terms 
        and conditions consistent with the protection of the values of 
        the Admiralty Island National Monument.
            (4) The full effectuation of the Agreement, by its terms, 
        requires the approval and ratification by Congress.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``Agreement'' means the document entitled the 
        ``Greens Creek Land Exchange Agreement'' executed on December 
        14, 1994, by the Under Secretary of Agriculture for Natural 
        Resources and Environment on behalf of the United States and the 
        Kennecott Greens Creek Mining Company and Kennecott Corporation;
            (2) the term ``ANILCA'' means the Alaska National Interest 
        Lands Conservation Act, Public Law 96-487 (94 Stat. 2371);
            (3) the term ``conservation system unit'' has the same 
        meaning as defined in section 102(4) of ANILCA;
            (4) the term ``Greens Creek Claims'' means those patented 
        mining claims of Kennecott Greens Creek Mining Company

[[Page 110 STAT. 880]]

        within the Monument recognized pursuant to section 504 of 
        ANILCA;
            (5) the term ``KGCMC'' means the Kennecott Greens Creek 
        Mining Company, Inc., a Delaware corporation;
            (6) the term ``Monument'' means the Admiralty Island 
        National Monument in the State of Alaska established by section 
        503 of ANILCA;
            (7) the term ``Royalty'' means Net Island Receipts Royalty 
        as that latter term is defined in Exhibit C to the Agreement; 
        and
            (8) the term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 4. RATIFICATION OF THE AGREEMENT.

    The Agreement is hereby ratified and confirmed as to the duties and 
obligations of the United States and its agencies, and KGCMC and 
Kennecott Corporation, as a matter of Federal law. The agreement may be 
modified or amended, without further action by the Congress, upon 
written agreement of all parties thereto and with notification in 
writing being made to the appropriate committees of the Congress.

SEC. 5. IMPLEMENTATION OF THE AGREEMENT.

    (a) <<NOTE: National Forest System.>> Land Acquisition.--Without 
diminishment of any other land acquisition authority of the Secretary in 
Alaska and in furtherance of the purposes of the Agreement, the 
Secretary is authorized to acquire lands and interests in land within 
conservation system units in the Tongass National Forest, and any land 
or interest in land so acquired shall be administered by the Secretary 
as part of the National Forest System and any conservation system unit 
in which it is located. Priority shall be given to acquisition of non-
Federal lands within the Monument.

    (b) Acquisition Funding.-- <<NOTE: Royalties.>> There is hereby 
established in the Treasury of the United States an account entitled the 
``Greens Creek Land Exchange Account'' into which shall be deposited the 
first $5,000,000 in royalties received by the United States under part 6 
of the Agreement after the distribution of the amounts pursuant to 
subsection (c) of this section. Such moneys in the special account in 
the Treasury may, to the extent provided in appropriations Acts, be used 
for land acquisition pursuant to subsection (a) of this section.

    (c) <<NOTE: Royalties.>> Twenty-Five Percent Fund.--All royalties 
paid to the United States under the Agreement shall be subject to the 25 
percent distribution provisions of the Act of May 23, 1908, as amended 
(16 U.S.C. 500) relating to payments for roads and schools.

    (d) Mineral Development.--Notwithstanding any provision of ANILCA to 
the contrary, the lands and interests in lands being conveyed to KGCMC 
pursuant to the Agreement shall be available for mining and related 
activities subject to and in accordance with the terms of the Agreement 
and conveyances made thereunder.
    (e) Administration.--The Secretary of Agriculture is authorized to 
implement and administer the rights and obligations of the Federal 
Government under the Agreement, including monitoring the Government's 
interests relating to extralateral rights, collecting royalties, and 
conducting audits. The Secretary may enter into cooperative arrangements 
with other Federal agencies for the performance of any Federal rights or 
obligations under the Agreement or this Act.

[[Page 110 STAT. 881]]

    (f) <<NOTE: National Forest System.>> Reversions.--Before reversion 
to the United States of KGCMC properties located on Admiralty Island, 
KGCMC shall reclaim the surface disturbed in accordance with an approved 
plan of operations and applicable laws and regulations. Upon reversion 
to the United States of KGCMC properties located on Admiralty, those 
properties located within the Monument shall become part of the Monument 
and those properties lying outside the Monument shall be managed as part 
of the Tongass National Forest.

    (g) Savings Provisions.--Implementation of the Agreement in 
accordance with this Act shall not be deemed a major Federal action 
significantly affecting the quality of the human environment, nor shall 
implementation require further consideration pursuant to the National 
Historic Preservation Act, title VIII of ANILCA, or any other law.

SEC. 6. <<NOTE: Kennecott Greens Creek Mining Company, Inc. Kennecott 
            Corporation.>> RECISION RIGHTS.

    Within 60 days of the enactment of this Act, KGCMC and Kennecott 
Corporation shall have a right to rescind all rights under the Agreement 
and this Act. Recision shall be effected by a duly authorized resolution 
of the Board of Directors of either KGCMC or Kennecott Corporation and 
delivered to the Chief of the Forest Service at the Chief's principal 
office in Washington, District of Columbia. In the event of a recision, 
the status quo ante provisions of the Agreement shall apply.

    Approved April 1, 1996.

LEGISLATIVE HISTORY--H.R. 1266:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-115 (Comm. on Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 141 (1995):
                                    May 15, considered and passed House.
                                                        Vol. 142 (1996):
                                    Mar. 19, considered and passed 
                                        Senate.

                                  <all>