Union Calendar No. 53

104TH CONGRESS

1ST SESSION H. R. 1266

[Report No. 104–115]

A BILL

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

MAY 9, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 53

104TH CONGRESS

1ST SESSION H. R. 1266

[Report No. 104–115]

To provide for the exchange of lands within Admiralty Island National

Monument, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1995

Mr. YOUNG of Alaska (for himself and Mr. MILLER of California) introduced

the following bill; which was referred to the Committee on Resources

MAY 9, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 16, 1995]

A BILL

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 Ex5 change 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 For15 est Service and the Kennecott Greens Creek Mining

16 Company, Inc., have resulted in an agreement by

17 which the area surrounding the Greens Creek Claims

18 could be explored and developed under terms and con19 ditions consistent with the protection of the values of

20 the Admiralty Island National Monument.

21 (4) The full effectuation of the Agreement, by its

22 terms, requires the approval and ratification by Con23 gress.

24 SEC. 3. DEFINITIONS.

25 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 Under

4 Secretary of Agriculture for Natural Resources and

5 Environment on behalf of the United States and the

6 Kennecott Greens Creek Mining Company and

7 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 the

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

13 ANILCA;

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

15 patented mining claims of Kennecott Greens Creek

16 Mining Company within the Monument recognized

17 pursuant to section 504 of ANILCA;

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

19 Greens Creek Mining Company, Inc., a Delaware cor20 poration;

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

22 Island National Monument in the State of Alaska es23 tablished 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 of

5 Agriculture.

6 SEC. 4. RATIFICATION OF THE AGREEMENT.

7 The Agreement is hereby ratified and confirmed as to

8 the duties and obligations of the United States and its agen9 cies, and KGCMC and Kennecott Corporation, as a matter

10 of Federal law. The agreement may be modified or

11 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 Agreement,

19 the Secretary is authorized to acquire lands and interests

20 in land within conservation system units in the Tongass

21 National Forest, and any land or interest in land so ac22 quired shall be administered by the Secretary as part of

23 the National Forest System and any conservation system

24 unit in which it is located. Priority shall be given to acqui25 sition 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 enti3 tled the ‘‘Greens Creek Land Exchange Account’’ into which

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

5 by the United States under part 6 of the Agreement after

6 the distribution of the amounts pursuant to subsection (c)

7 of this section. Such moneys in the special account in the

8 Treasury may, to the extent provided in appropriations

9 Acts, be used for land acquisition pursuant to subsection

10 (a) of this section.

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

12 to the United States under the Agreement shall be subject

13 to the 25 percent distribution provisions of the Act of May

14 23, 1908, as amended (16 U.S.C. 500) relating to payments

15 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 is

23 authorized to implement and administer the rights and ob24 ligations of the Federal Government under the Agreement,

25 including monitoring the Government’s interests relating to
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1 extralateral rights, collecting royalties, and conducting au2 dits. The Secretary may enter into cooperative arrange3 ments with other Federal agencies for the performance of

4 any Federal rights or obligations under the Agreement or

5 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 Monument

14 shall be managed as part of the Tongass National Forest.

15 (g) SAVINGS PROVISIONS.—Implementation of the

16 Agreement in accordance with this Act shall not be deemed

17 a major Federal action significantly affecting the quality

18 of the human environment, nor shall implementation re19 quire further consideration pursuant to the National His20 toric Preservation Act, title VIII of ANILCA, or any other

21 law.

22 SEC. 6. RECISION RIGHTS.

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

24 and Kennecott Corporation shall have a right to rescind

25 all rights under the Agreement and this Act. Recision shall
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1 be effected by a duly authorized resolution of the Board of

2 Directors of either KGCMC or Kennecott Corporation and

3 delivered to the Chief of the Forest Service at the Chief’s

4 principal office in Washington, District of Columbia. In the

5 event of a recision, the status quo ante provisions of the

6 Agreement shall apply.