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103D CONGRESS

1ST SESSION H. R. 3613

Entitled the ‘‘Kenai Natives Association Equity Act’’.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 21, 1993

Mr. YOUNG of Alaska introduced the following bill; which was referred jointly

to the Committees on Natural Resources and Merchant Marine and Fisheries

A BILL

Entitled the ‘‘Kenai Natives Association Equity Act’’.

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 ‘‘Kenai Natives Associa5 tion Equity Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

8 (1) the acquisition by the United States of cer9 tain lands owned by the Kenai Natives Association,

10 Inc. (KNA) will enhance the purposes for which the

11 Kenai National Wildlife Refuge (the Refuge) was es12 tablished, as set forth in section 303(4)(B) of the
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1 Alaska National Interest Lands Conservation Act, as

2 amended (43 U.S.C. 3101 et seq.) (ANILCA);

3 (2) the Service and KNA have agreed to an ex4 change and acquisition program pursuant to Public

5 Law 102–458, of lands and interests in land;

6 (3) the lands to be conveyed to KNA are of

7 lower quality habitat in relation to lands to be ac8 quired by the United States. Conveyance of lands to

9 KNA would not significantly impact the purposes for

10 which the Refuge was established;

11 (4) this acquisition of and exchange of lands

12 will significantly enhance the ability of the Service to

13 conserve fish and wildlife populations and habitats,

14 fulfill migratory bird treaties, ensure water quality

15 and quantity, provide opportunities for environ16 mental research and education, improve access to

17 fish and wildlife oriented recreation, and further en18 hance the Refuge management objectives;

19 (5) the amount to be paid for the Swanson

20 River Road West Tract, the sole issue upon which

21 the Service and KNA could not agree, is established

22 by Congress at $7,500,000; and

23 (6) it is in the public interest to complete this

24 exchange, and to provide for the economic and bene25 ficial use of lands conveyed to KNA in fulfillment of
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1 the purpose of the Alaska Native Claims Settlement

2 Act of 1971, as amended (43 U.S.C. 1601 et seq.)

3 (Settlement Act).

4 (b) PURPOSE.—The purpose of this Act is to author5 ize and direct the Secretary to complete an exchange and

6 acquisition as provided by Public Law 102–458 of lands

7 owned by KNA that will provide for and enhance the man8 agement opportunities and objectives of the Refuge, and

9 assist KNA in achieving economic viability and use of its

10 retained lands in furtherance of the Settlement Act.

11 SEC. 3. DEFINITIONS.

12 For purposes of this Act, the term—

13 (a) ‘‘ANILCA’’ means the Alaska National In14 terest Lands Conservation Act, as amended (16

15 U.S.C. 3101 et seq.);

16 (b) ‘‘conservation system unit’’ has the same

17 meaning as in ANILCA;

18 (c) ‘‘KNA’’ means the Kenai Natives Associa19 tion, Inc., an urban corporation incorporated in the

20 State of Alaska pursuant to the terms of the Settle21 ment Act;

22 (d) ‘‘lands’’ means both the surface and sub23 surface estates or any interest therein whenever both

24 estates are owned by the United States or KNA, as

25 applicable;
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1 (e) ‘‘property’’ has the same meaning given

2 such term by section 12(b)(7) of the Settlement Act;

3 (f) ‘‘refuge’’ means the Kenai National Wildlife

4 Refuge;

5 (g) ‘‘region’’ means Cook Inlet Region, Incor6 porated, an Alaska Native Regional Corporation

7 which is the appropriate Regional Corporation for

8 KNA, under section 1613(h) of the Settlement Act;

9 (h) ‘‘Secretary’’ means the Secretary of the

10 Interior;

11 (i) ‘‘Service’’ means the United States Fish and

12 Wildlife Service; and

13 (j) ‘‘Settlement Act’’ means the Alaska Native

14 Claims Settlement Act of 1971, as amended (43

15 U.S.C. 1601 et seq.).

16 SEC. 4. EXCHANGE AND ACQUISITION OF LANDS

17 (a) EXCHANGE OF LANDS.—

18 (1) IN GENERAL.—Within 180 days of the en19 actment of this Act and upon receipt by KNA of

20 funds for the payments provided by this Act, the

21 Secretary shall convey to KNA, in accordance with

22 the provisions of ANILCA and subject to the provi23 sions of section 4(a)(3) and valid existing rights, ap24 proximately 1,831 acres of land, portions of the Fed25 eral subsurface estate underlying the same, and por-
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1 tions of the Federal subsurface estate underlying an2 other 3,238 acres, all as identified in section 4(b)(2),

3 in exchange for approximately 14,338 acres of KNA

4 land, and the relinquishment by KNA of its

5 unpatented selections and all entitlement to selec6 tions under the Settlement Act, consisting of ap7 proximately 1,207 acres, all located within the Ref8 uge and identified in section 4(b)(1).

9 (2) LIMITATION.—The Secretary may not con10 vey any lands or make any payment to KNA under

11 this section unless title to the lands to be conveyed

12 by KNA in exchange for such lands and payments

13 is in accordance with the Department of Justice

14 standards for preparation of title evidence in land

15 acquisitions by the United States.

16 (b) EXCHANGE AND ACQUISITION LANDS.—

17 (1) KNA LANDS TO BE ACQUIRED.—The lands

18 or interests to be conveyed by KNA to the United

19 States, all situated within the existing authorized

20 boundary of the Refuge, and identified on the map

21 titled ‘‘Kenai Natives Association, Inc. and United

22 States Fish and Wildlife Service Negotiated Ex23 change/Acquisition Package,’’ dated October 1993,

24 on file and available for inspection in the Office of

25 the Secretary, generally include—
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1 (A) approximately 803 acres located along

2 the Kenai River, known as the Stephanka

3 Tract;

4 (B) approximately 1,243 acres located

5 along the Moose River, known as the Moose

6 River Patented Lands Tract;

7 (C) approximately 2,120 acres located

8 along Marathon Road, known as the Beaver

9 Creek Tract;

10 (D) approximately 10,172 acres located

11 along the Swanson River Road and the Sunken

12 Island Lake Road, known as the Swanson River

13 Road West Tract;

14 (E) all of the remaining KNA selections

15 under the Settlement Act, consisting of approxi16 mately 1,207 acres, are hereby relinquished and

17 all remaining entitlement of KNA is hereby ex18 tinguished; and

19 (F) an easement for access to and use of

less than one acre of land, located in the NE1 20 ⁄4

NE1 21 ⁄4 of section 24, T.6N., R.9W., Seward Me22 ridian, within the Swanson River Road East

23 Tract, for so long as the site is used by the

24 Service as a radio communications repeater site.
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1 (2) LANDS TO BE EXCHANGED.—The lands or

2 interests to be conveyed by the United States to

3 KNA, and identified (except for the parcel identified

4 in section 4(b)(2)(A)) on the map titled ‘‘Kenai Na5 tives Association, Inc. and United States Fish and

6 Wildlife Service Negotiated Exchange/Acquisition

7 package,’’ dated October 1993, on file and available

8 for inspection in the Office of the Secretary, gen9 erally include—

10 (A) approximately five acres, located with11 in the city of Kenai, Alaska, identified as

12 United States Survey 1435, and known as the

13 old Fish and Wildlife Service Headquarters site;

14 (B) approximately 1,826 acres located

15 along the Swanson River Road, known as the

16 Swanson River Road East Tract; and

17 (C) the subsurface estate (less oil, coal,

18 and gas) to approximately 5,064 acres, includ19 ing approximately 1,826 acres underlying the

20 Swanson River Road East Tract and approxi21 mately 3,238 adjacent acres underlying lands

22 previously patented to KNA which are located

23 east of the Swanson River Road.

24 (3) The lands identified for acquisition by the

25 United States, specifically identified on the maps
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1 referenced in section 4(c) as the Stephanka Tract,

2 the Beaver Creek Tract, and the Moose River Pat3 ented Lands Tract, collectively referred to as the

4 ‘‘Kenai River Project,’’ shall be acquired by the

5 United States pursuant to the Land and Water Con6 servation Fund Act.

7 (4) NATIONAL REGISTER OF HISTORIC

8 PLACES.—Upon completion of the exchange author9 ized in section 4(a), the Secretary shall promptly un10 dertake to nominate the Stepanka Tract to the Na11 tional Register of Historic Places, in recognition of

12 the archeological artifacts from the original Kenaitze

13 Indian settlement.

14 (c) GENERAL PROVISIONS.—

15 (1) REMOVAL OF RESTRICTIONS.—(A) Those

16 lands retained by KNA, and those parcels within the

17 Refuge, including designated wilderness, conveyed to

18 KNA pursuant to the terms of this Act, shall be re19 moved in their entirety from inclusion within the

20 boundaries of the Refuge by operation of this Act.

21 Such removal from the boundaries of the Refuge

22 shall terminate any application of Federal manage23 ment and patent restrictions applicable to lands

24 within the Refuge for which conveyance was made

25 pursuant to the terms of the Settlement Act or any
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1 other law or regulation applicable solely to Federal

2 lands.

3 (B) The Secretary shall execute and file such

4 instruments as are necessary to convey lands and re5 move the restrictions referred to in this section at

6 the time of the conveyances provided in section

7 4(a)(1).

8 (C) Any lands KNA shall receive from the Unit9 ed States pursuant to this Act shall be deemed to

10 have been conveyed pursuant to the Settlement Act.

11 (2) MAPS AND LEGAL DESCRIPTIONS.—The

12 maps described in section 4 and a legal description

13 of the lands depicted on the maps shall be on file

14 and available for public inspection in the appropriate

15 offices of the United States Department of the Inte16 rior. Not later than 120 days after the day of enact17 ment of this Act, the Secretary shall prepare a legal

18 description of the lands depicted on the maps re19 ferred to in section 4. Such maps and legal descrip20 tions shall have the same force and effect as if in21 cluded in this Act, except that the Secretary may

22 correct clerical and typographical errors.

23 (3) CANCELLATION.—Prior to implementation

24 of the exchange required by section 4(a), if KNA no25 tifies the Secretary in writing that it no longer in-
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1 tends to complete the exchange, the lands referenced

2 in section 4(a) shall revert to their status as of the

3 day before the date of enactment of this Act.

4 (4) FINAL MAPS.—Not later than 120 days

5 after the conclusion of the exchange required by sec6 tion 4(a), the Secretary shall transmit maps accu7 rately depicting the lands transferred and conveyed

8 pursuant to this Act and the acreage and legal de9 scriptions of such lands to the Committee on Natu10 ral Resources and the Committee on Merchant Ma11 rine and Fisheries of the House of Representatives

12 and the Committee on Energy and Natural Re13 sources and the Committee on Environment and

14 Public Works of the Senate.

15 SEC. 5. ADJUSTMENTS TO NATIONAL WILDLIFE REFUGE

16 SYSTEM.

17 (a) ADDITION TO THE KENAI NATIONAL WILDLIFE

18 REFUGE.—The Secretary shall add the lands conveyed to

19 the United States pursuant to section 4(a)(1) to the Ref20 uge. The Secretary shall manage such lands in accordance

21 with the provisions of the National Wildlife Refuge System

22 Administration Act of 1966 (16 U.S.C. 668dd–668ee) and

23 ANILCA.

24 (b) KENAI NATIONAL WILDLIFE REFUGE BOUND25 ARY ADJUSTMENT.—The boundaries of the Refuge as set
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1 forth in section 303(4)(A) of ANILCA are hereby adjusted

2 to include those lands generally depicted on the map de3 scribed in section 4(c)(4) entitled ‘‘Proposed Boundary

4 Extension’’, dated October 1993.

5 (c) ADDITION TO WILDERNESS AREA.—Upon acqui6 sition of lands by the United States pursuant to section

7 4(a)(1), that portion of the Stephanka Tract lying south

8 and west of the Kenai River, consisting of approximately

9 592 acres and as generally depicted as ‘‘To be included

10 in wilderness’’ on the map referenced in section 4(b)(1),

11 shall be included in and managed as part of the Kenai

12 Wilderness. Upon their inclusion into the Kenai Wilder13 ness, such lands shall be managed in accordance with the

14 applicable provisions of the Wilderness Act and ANILCA.

15 (d) REMOVAL OF CONVEYED LANDS FROM WILDER16 NESS AREA.—Upon conveyance to KNA of those lands

17 under section 4(b)(2), a portion of which is currently des18 ignated wilderness, consisting of approximately 623.5

19 acres and identified as ‘‘To be removed from wilderness’’

20 on the map referenced in section 4(b)(2), such lands are

21 removed from the Kenai Wilderness and the National Wil22 derness Preservation System.

23 SEC. 6. SURPLUS PROPERTY ACCOUNT

24 (a) ESTABLISHMENT.—
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1 (1) Notwithstanding any other provision of law,

2 on October 1, 1996, the Secretary of the Treasury,

3 in consultation with the Secretary, shall establish a

4 KNA account. The valuation of the account shall be

5 established at $6,457,000, the amount necessary to

6 equalize values in the land exchange and acquisition

7 program agreed to by the Service and KNA.

8 (2) Beginning on October 1, 1996, the balance

9 of the account shall—

10 (i) be available to KNA for bidding on and

11 purchasing property sold at public sale, subject

12 to the conditions described in section 6(a)(3);

13 (ii) remain available until expended; and

14 (iii) KNA may use the account established

15 under section 6(a)(1) to bid as any other bidder

16 for property (wherever located) at any public

17 sale by an agency and may purchase the prop18 erty in accordance with applicable laws and reg19 ulations of the agency offering the property for

20 sale.

21 (3) In conducting a transaction described in

22 section (6)(a), an agency shall accept, in the same

23 manner as cash, any amount tendered from the ac24 count established by the Secretary of the Treasury

25 under section 6(a)(1). The Secretary of the Treasury
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1 shall adjust the balance of the account to reflect the

2 transaction.

3 (4) The Secretary of the Treasury, in consulta4 tion with the Secretary, shall establish procedures to

5 permit the account established under section 6(a)(1)

6 to—

7 (i) receive deposits;

8 (ii) make deposits into escrow when an es9 crow is required for the sale of any property;

10 and

11 (iii) reinstate to the account any unused

12 escrow deposits in the event sales are not con13 summated.

14 (b) IMPLEMENTATION.—

15 (1) Notwithstanding any other provision of law,

16 KNA may assign without restriction any or all of

17 the account to any party upon written notification to

18 the Secretary of the Treasury and the Secretary.

19 Notwithstanding any other provisions of this Act, in

20 the event such assignment is to the Region on notice

21 from KNA to the Secretary of the Treasury and the

22 Secretary, the amount of such assignment shall be

23 added to or made a part of the Region’s Property

24 Account in the Treasury established pursuant to sec-
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1 tion 12(b) of Public Law 94–204 as amended, and

2 may be used in the same manner as that account.

3 (2) KNA shall be deemed to have accepted the

4 terms of this section in lieu of any other land enti5 tlement it would have received pursuant to the Set6 tlement Act and such acceptance shall satisfy any

7 and all claims KNA had against the United States

8 on the date of this enactment;

9 (c) TREATMENT OF AMOUNTS FROM ACCOUNT.—

10 (1) The Secretary of the Treasury shall deem

11 as cash receipts any amount tendered from the ac12 count established pursuant to section 6(a)(1) and re13 ceived by agencies as proceeds from a public sale of

14 property, and shall make any transfers necessary to

15 allow an agency to use the proceeds in the event an

16 agency is authorized by law to use the proceeds for

17 a specific purpose.

18 (2) Subject to section 6(b), the Secretary of the

19 Treasury and the heads of agencies shall administer

20 sales pursuant to this section in the same manner as

21 is provided for any other Alaska Native corporation

22 authorized by law as of the date of enactment of this

23 section (including the use of similar accounts for

24 bidding on and purchasing property sold for public

25 sale).
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as may be necessary to carry out the purposes of this Act.

Æ