[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:
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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.
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