[105th Congress Public Law 60]
[From the U.S. Government Printing Office]
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[DOCID: f:publ60.105]
[[Page 111 STAT. 1269]]
Public Law 105-60
105th Congress
An Act
To provide for the exchange of lands within Admiralty Island National
Monument, and for other purposes. <<NOTE: Oct. 10, 1997 - [H.R.
1948]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Hood Bay Land Exchange Act of
1997. Alaska.>> Congress assembled,
SECTION 1. <<NOTE: 16 USC 431 note, 1132 note.>> SHORT TITLE.
This Act may be cited as the ``Hood Bay Land Exchange Act of 1997''.
SEC. <<NOTE: 16 USC 431 note, 1132 note.>> 2. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act
established the Admiralty Island National Monument which is
managed by the Secretary of Agriculture, by and through the
Forest Service.
(2) The Forest Service has established a policy of
encouraging the acquisition of private land inholdings within
Admiralty Island National Monument on a willing buyer/willing
seller basis. Congress has supported this policy, for example by
passage of the Greens Creek Land Exchange Act of 1996 which
provided for a land exchange of certain public and private lands
in Admiralty Island National Monument.
(3) Lands owned by Alaska Pulp Corporation, consisting of 54
acres, more or less, located in Hood Bay on Admiralty Island
within the boundaries of the Kootznoowoo Wilderness are
available for transfer to Federal ownership on a willing seller/
willing buyer basis. The acquisition of these lands would
provide Federal ownership of this valuable land in a critical
area of Admiralty Island National Monument.
(4) The United States is the owner of certain reversionary
interests to 143.87 acres, more or less, located adjacent to
Silver Bay near Sitka, Alaska, which interests were reserved in
patent No. 1213671 issued to the Alaska Pulp Corporation on
October 18, 1960. The transfer of the reversionary interests of
the United States in such lands adjacent to Silver Bay to the
Alaska Pulp Corporation would facilitate future use and
development of that land.
(5) The future acquisition by the United States of the Chaik
Bay property on Admiralty Island to be incorporated into the
Kootznoowoo Wilderness would be in the public interest.
[[Page 111 STAT. 1270]]
SEC. 3. <<NOTE: 16 USC 431 note, 1132 note.>> DEFINITIONS.
As used in this Act:
(1) The term ``ANILCA'' means the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101 et seq.).
(2) The term ``Company'' means the Alaska Pulp Corporation,
an Alaska corporation, its successors, and assigns.
(3) The term ``Company Property'' means the property
depicted on United States Survey Plat 1058 approved March 20,
1917, consisting of approximately 54 acres of land.
(4) The term ``Federal Property'' means the reversionary
interest of the United States described in paragraphs (6) and
(7) of the patent dated October 18, 1960, granted by the Bureau
of Land Management to Alaska Lumber & Pulp Co., which was
recorded at Book 15, Pages 271-273, Sitka Recording District on
November 9, 1960. The term ``Federal Property'' does not include
the interests described in paragraphs (1) through (5) of the
said patent.
(5) The term ``Monument'' means the Admiralty Island
National Monument, which was established by section 503 of
ANILCA and which is managed by the Secretary of Agriculture as a
unit of the National Forest System.
(6) The term ``Secretary'' means the Secretary of
Agriculture.
(7) The term ``Sitka'' means the city and borough of Sitka,
Alaska, a home-rule borough formed in accordance with the laws
of the State of Alaska.
(8) The term ``Sitka Property'' means the property depicted
on the maps entitled ``Sitka Property'', dated August 29, 1997,
consisting of approximately 49 acres of land.
SEC. 4. <<NOTE: 16 USC 431 note, 1132 note.>> LAND EXCHANGE, TRANSFER,
RELINQUISHMENT.
(a) Exchange of Company and Federal Property.--After the Company
conveys to the United States, by general warranty deed, all right,
title, and interest of the Company in and to the Company Property, the
Secretary shall within 60 days of acceptance of delivery of said deed,
unconditionally and without limitation except as provided herein,
relinquish to the Company all right, title, and interest of the United
States in and to the Federal Property and shall evidence that
relinquishment by conveying to the Company a quitclaim deed to the
Federal Property.
(b) Relinquishment of Property to Sitka.--Upon relinquishment of the
Federal Property to the Company under subsection (a), the Company shall
transfer all right, title, and interest of the Company in the Sitka
Property to Sitka.
(c) Availability of Maps.--The maps referred to in section 3(3)
depicting the Company Property and in section 3(4) depicting the Federal
Property shall be on file and available for public inspection in the
Office of the Forest Supervisor, Chatham Area, Tongass National Forest,
in Sitka, Alaska. The maps referred to in section 3(8) depicting the
Sitka Property shall be on file and available for public inspection in
the Office of the Manager of the city and borough of Sitka, Alaska,
until the conveyance described in subsection (b), at which time the maps
shall be recorded along with the deed.
[[Page 111 STAT. 1271]]
SEC. 5. <<NOTE: 16 USC 431 note, 1132 note.>> PROCESSING OF AND TERMS
AND CONDITIONS RELATING TO LAND EXCHANGE.
(a) Surveys.--Notwithstanding any other provision of law, the
Secretary of the Interior may conduct and approve all cadastral surveys
that are necessary for completion of the exchange. The cost of any
surveys shall be borne by the Company.
(b) Equal Value Exchange.--The values of the Federal Property and
the Company Property are deemed to be of equal value.
(c) Administration.--The Secretary is directed to implement and
administer the rights and obligations of the United States under this
Act.
(d) Cleanup Obligations.--Nothing in this Act shall impact or alter
the Company's rights, duties, and obligations regarding investigation,
remediation, cleanup, and restoration under its September 10, 1995,
Commitment Agreement with the State of Alaska or other applicable law.
The Company shall use its property consistent with all restrictive
covenants, including those restrictive covenants recorded on September
4, 1997.
(e) Title Standards.--Title to the Company Property to be conveyed
to the United States shall be acceptable to the Secretary consistent
with the title review standard of the Attorney General of the United
States.
SEC. 6. <<NOTE: 16 USC 431 note, 1132 note.>> GENERAL PROVISIONS.
(a) Management of Company Property.--Upon acquisition of the Company
Property by the United States pursuant to this Act, said property shall
be managed as a part of the Admiralty Island National Monument and the
Kootznoowoo Wilderness.
(b) Authorization To Negotiate for Acquisition of
Property.--In furtherance of the purposes of the Kootznoowoo Wilderness,
the Secretary, acting through the Forest Service, is authorized to enter
into negotiations with the owners of private property in Chaik Bay on
Admiralty Island, with the objective of acquiring such property. The
Secretary is authorized to enter into an option to purchase or an
exchange agreement with the owners of such property to be effected
either through existing administrative mechanisms provided by law and
regulation, or by subsequent ratification by Act of Congress.
Approved October 10, 1997.
LEGISLATIVE HISTORY--H.R. 1948 (S. 1015):
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HOUSE REPORTS: No. 105-261 (Comm. on Resources).
SENATE REPORTS: No. 105-90 accompanying S. 1015 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Sept. 23, considered and passed House.
Sept. 30, considered and passed Senate.
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