PUBLIC LAW 104–123—APR. 1, 1996 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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) 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

Kennecott

Greens Creek

Mining

Company, Inc.

Greens Creek

Land Exchange

Act of 1995.

Alaska.

16 USC 431 note.

Apr. 1, 1996

[H.R. 1266]

110 STAT. 880 PUBLIC LAW 104–123—APR. 1, 1996

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) 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.—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) 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.

Royalties.

Royalties.

National Forest

System.

PUBLIC LAW 104–123—APR. 1, 1996 110 STAT. 881

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.

Æ

(f) 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. 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.

Kennecott

Greens Creek

Mining

Company, Inc.

Kennecott

Corporation.

National Forest

System.