Calendar No. 213

104TH CONGRESS

1ST SESSION H. R. 1266

[Report No. 104–163]

AN ACT

To provide for the exchange of lands within Admipurposes. ralty Island National Monument, and for other

OCTOBER 19 (legislative day, OCTOBER 18), 1995

Reported without amendment
II

Calendar No. 213

104TH CONGRESS

1ST SESSION H. R. 1266

[Report No. 104–163]

IN THE SENATE OF THE UNITED STATES

MAY 16 (legislative day, MAY 15), 1995

Received; read twice and referred to the Committee on Energy and Natural

Resources

OCTOBER 19 (legislative day, OCTOBER 18), 1995

Reported by Mr. MURKOWSKI, without amendment

AN ACT

To provide for the exchange of lands within Admiralty Island

National Monument, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Greens Creek Land

5 Exchange Act of 1995’’.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) The Alaska National Interest Lands Con4 servation Act established the Admiralty Island Na5 tional Monument and sections 503 and 504 of that

6 Act provided special provisions under which the

7 Greens Creek Claims would be developed. The provi8 sions supplemented the general mining laws under

9 which these claims were staked.

10 (2) The Kennecott Greens Creek Mining Com11 pany, Inc., currently holds title to the Greens Creek

12 Claims, and the area surrounding these claims has

13 further mineral potential which is yet unexplored.

14 (3) Negotiations between the United States

15 Forest Service and the Kennecott Greens Creek

16 Mining Company, Inc., have resulted in an agree17 ment by which the area surrounding the Greens

18 Creek Claims could be explored and developed under

19 terms and conditions consistent with the protection

20 of the values of the Admiralty Island National

21 Monument.

22 (4) The full effectuation of the Agreement, by

23 its terms, requires the approval and ratification by

24 Congress.

25 SEC. 3. DEFINITIONS.

26 As used in this Act—
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1 (1) the term ‘‘Agreement’’ means the document

2 entitled the ‘‘Greens Creek Land Exchange Agree3 ment’’ executed on December 14, 1994, by the

4 Under Secretary of Agriculture for Natural Re5 sources and Environment on behalf of the United

6 States and the Kennecott Greens Creek Mining

7 Company and Kennecott Corporation;

8 (2) the term ‘‘ANILCA’’ means the Alaska Na9 tional Interest Lands Conservation Act, Public Law

10 96–487 (94 Stat. 2371);

11 (3) the term ‘‘conservation system unit’’ has

12 the same meaning as defined in section 102(4) of

13 ANILCA;

14 (4) the term ‘‘Greens Creek Claims’’ means

15 those patented mining claims of Kennecott Greens

16 Creek Mining Company within the Monument recog17 nized pursuant to section 504 of ANILCA;

18 (5) the term ‘‘KGCMC’’ means the Kennecott

19 Greens Creek Mining Company, Inc., a Delaware

20 corporation;

21 (6) the term ‘‘Monument’’ means the Admiralty

22 Island National Monument in the State of Alaska

23 established by section 503 of ANILCA;
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1 (7) the term ‘‘Royalty’’ means Net Island Re2 ceipts Royalty as that latter term is defined in Ex3 hibit C to the Agreement; and

4 (8) the term ‘‘Secretary’’ means the Secretary

5 of Agriculture.

6 SEC. 4. RATIFICATION OF THE AGREEMENT.

7 The Agreement is hereby ratified and confirmed as

8 to the duties and obligations of the United States and its

9 agencies, and KGCMC and Kennecott Corporation, as a

10 matter of Federal law. The agreement may be modified

11 or amended, without further action by the Congress, upon

12 written agreement of all parties thereto and with notifica13 tion in writing being made to the appropriate committees

14 of the Congress.

15 SEC. 5. IMPLEMENTATION OF THE AGREEMENT.

16 (a) LAND ACQUISITION.—Without diminishment of

17 any other land acquisition authority of the Secretary in

18 Alaska and in furtherance of the purposes of the Agree19 ment, the Secretary is authorized to acquire lands and in20 terests in land within conservation system units in the

21 Tongass National Forest, and any land or interest in land

22 so acquired shall be administered by the Secretary as part

23 of the National Forest System and any conservation sys24 tem unit in which it is located. Priority shall be given to

25 acquisition of non-Federal lands within the Monument.
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1 (b) ACQUISITION FUNDING.—There is hereby estab2 lished in the Treasury of the United States an account

3 entitled the ‘‘Greens Creek Land Exchange Account’’ into

4 which shall be deposited the first $5,000,000 in royalties

5 received by the United States under part 6 of the Agree6 ment after the distribution of the amounts pursuant to

7 subsection (c) of this section. Such moneys in the special

8 account in the Treasury may, to the extent provided in

9 appropriations Acts, be used for land acquisition pursuant

10 to subsection (a) of this section.

11 (c) TWENTY-FIVE PERCENT FUND.—All royalties

12 paid to the United States under the Agreement shall be

13 subject to the 25 percent distribution provisions of the Act

14 of May 23, 1908, as amended (16 U.S.C. 500) relating

15 to payments for roads and schools.

16 (d) MINERAL DEVELOPMENT.—Notwithstanding any

17 provision of ANILCA to the contrary, the lands and inter18 ests in lands being conveyed to KGCMC pursuant to the

19 Agreement shall be available for mining and related activi20 ties subject to and in accordance with the terms of the

21 Agreement and conveyances made thereunder.

22 (e) ADMINISTRATION.—The Secretary of Agriculture

23 is authorized to implement and administer the rights and

24 obligations of the Federal Government under the Agree25 ment, including monitoring the Government’s interests re-
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1 lating to extralateral rights, collecting royalties, and con2 ducting audits. The Secretary may enter into cooperative

3 arrangements with other Federal agencies for the per4 formance of any Federal rights or obligations under the

5 Agreement or this Act.

6 (f) REVERSIONS.—Before reversion to the United

7 States of KGCMC properties located on Admiralty Island,

8 KGCMC shall reclaim the surface disturbed in accordance

9 with an approved plan of operations and applicable laws

10 and regulations. Upon reversion to the United States of

11 KGCMC properties located on Admiralty, those properties

12 located within the Monument shall become part of the

13 Monument and those properties lying outside the Monu14 ment shall be managed as part of the Tongass National

15 Forest.

16 (g) SAVINGS PROVISIONS.—Implementation of the

17 Agreement in accordance with this Act shall not be

18 deemed a major Federal action significantly affecting the

19 quality of the human environment, nor shall implementa20 tion require further consideration pursuant to the Na21 tional Historic Preservation Act, title VIII of ANILCA,

22 or any other law.

23 SEC. 6. RECISION RIGHTS.

24 Within 60 days of the enactment of this Act, KGCMC

25 and Kennecott Corporation shall have a right to rescind
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1 all rights under the Agreement and this Act. Recision shall

2 be effected by a duly authorized resolution of the Board

3 of Directors of either KGCMC or Kennecott Corporation

4 and delivered to the Chief of the Forest Service at the

5 Chief’s principal office in Washington, District of Colum6 bia. In the event of a recision, the status quo ante provi7 sions of the Agreement shall apply.

Passed the House of Representatives May 15, 1995.

Attest: ROBIN H. CARLE,

Clerk.