Calendar No. 593

104TH CONGRESS

2D SESSION S. 1889

A BILL

To authorize the exchange of certain lands conSystem, and for other purposes. make adjustments to the National Wilderness to the Alaska Native Claims Settlement Act, to veyed to the Kenai Natives Association pursuant

SEPTEMBER 13, 1996

Reported with an amendment
II

Calendar No. 593

104TH CONGRESS

2D SESSION S. 1889

To authorize the exchange of certain lands conveyed to the Kenai Natives

Association pursuant to the Alaska Native Claims Settlement Act, to

make adjustments to the National Wilderness System, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 19, 1996

Mr. MURKOWSKI (for himself and Mr. STEVENS) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 13, 1996

Reported by Mr. MURKOWSKI, with an amendment

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize the exchange of certain lands conveyed to the

Kenai Natives Association pursuant to the Alaska Native

Claims Settlement Act, to make adjustments to the National Wilderness System, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Kenai Natives Associa3 tion Equity Act Amendments of 1996’’.

4 SEC. 2. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The United States Fish and Wildlife Service

7 and Kenai Natives Association, Inc., have agreed to

8 transfers of certain land rights, in and near the

9 Kenai National Wildlife Refuge, negotiated as di10 rected by Public Law 102–458.

11 (2) The lands to be acquired by the Service are

12 within the area impacted by the Exxon Valdez oil

13 spill of 1989, and these lands included important

14 habitat for various species of fish and wildlife for

15 which significant injury resulting from the spill has

16 been documented through the EVOS Trustee Coun17 cil restoration process. This analysis has indicated

18 that these lands generally have value for the restora19 tion of such injured natural resources as pink salm20 on, dolly varden, bald eagles, river otters, and cul21 tural and archaeological resources. This analysis has

22 also indicated that these lands generally have high

23 value for the restoration of injured species that rely

24 on these natural resources, including wilderness

25 quality, recreation, tourism, and subsistence.
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1 (3) Restoration of the injured species will bene2 fit from acquisition and the prevention of disturb3 ances which may adversely affect their recovery.

4 (4) It is in the public interest to complete the

5 conveyances provided for in this Act.

6 (b) PURPOSE.—The purpose of this Act is to author7 ize and direct the Secretary, at the election of KNA, to

8 complete the conveyances provided for in this Act.

9 SEC. 3. DEFINITIONS.

10 For purposes of this Act, the term—

11 (1) ‘‘ANCSA’’ means the Alaska Native Claims

12 Settlement Act of 1971 (43 U.S.C. 1601 et seq.);

13 (2) ‘‘ANILCA’’ means the Alaska National In14 terest Lands Conservation Act (Public Law 96–487;

15 94 Stat. 2371 et seq.);

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

17 meaning as in section 102(4) of ANILCA (16

18 U.S.C. 3102(4));

19 (4) ‘‘CIRI’’ means the Cook Inlet Region, Inc.,

20 a Native Regional Corporation incorporated in the

21 State of Alaska pursuant to the terms of ANCSA;

22 (5) ‘‘EVOS’’ means the Exxon Valdez oil spill;

23 (6) ‘‘KNA’’ means the Kenai Natives Associa24 tion, Inc., an urban corporation incorporated in the

25 State of Alaska pursuant to the terms of ANCSA;
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1 (7) ‘‘lands’’ means any lands, waters, or inter2 ests therein;

3 (8) ‘‘Refuge’’ means the Kenai National Wild4 life Refuge;

5 (9) ‘‘Secretary’’ means the Secretary of the In6 terior;

7 (10) ‘‘Service’’ means the United States Fish

8 and Wildlife Service; and

9 (11) ‘‘Terms and Conditions’’ means the Terms

10 and Conditions for Land Consolidation and Manage11 ment in the Cook Inlet Area, as clarified on August

12 31, 1976, ratified by section 12 of Public Law 94–

13 204 (43 U.S.C. 1611 note).

14 SEC. 4. ACQUISITION OF LANDS.

15 (a) OFFER TO KNA.—

16 (1) IN GENERAL.—Subject to the availability of

17 the funds identified in subsection (b)(3), no later

18 than 90 days after the date of enactment of this

19 Act, the Secretary shall offer to convey to KNA the

20 interests in land and rights set forth in subsection

21 (b)(2), subject to valid existing rights, in return for

22 the conveyance by KNA to the United States of the

23 interests in land or relinquishment of ANCSA selec24 tions set forth in subsection (b)(1). Payment for the

25 lands conveyed to the United States by KNA is con-
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1 tingent upon KNA’s acceptance of the entire convey2 ance outlined herein.

3 (2) LIMITATION.—The Secretary may not con4 vey any lands or make payment to KNA under this

5 section unless title to the lands to be conveyed by

6 KNA under this Act has been found by the United

7 States to be sufficient in accordance with the provi8 sions of section 355 of the Revised Statutes (40

9 U.S.C. 255).

10 (b) ACQUISITION LANDS.—

11 (1) LANDS TO BE CONVEYED TO THE UNITED

12 STATES.—The lands to be conveyed by KNA to the

13 United States, or the valid selection rights under

14 ANCSA to be relinquished, all situated within the

15 boundary of the Refuge, are the following:

16 (A) The conveyance of approximately 803

17 acres located along and on islands within the

18 Kenai River, known as the Stephanka Tract.

19 (B) The conveyance of approximately

20 1,243 acres located along the Moose River,

21 known as the Moose River Patented Lands

22 Tract.

23 (C) The relinquishment of KNA’s selection

24 known as the Moose River Selected Tract, con-
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1 taining approximately 753 acres located along

2 the Moose River.

3 (D) The relinquishment of KNA’s remain4 ing ANCSA entitlement of approximately 454

5 acres.

6 (E) The relinquishment of all KNA’s re7 maining overselections. Upon completion of all

8 relinquishments outlined above, all KNA’s enti9 tlement shall be deemed to be extinguished and

10 the completion of this acquisition will satisfy all

11 of KNA’s ANCSA entitlement.

12 (F) The conveyance of an access easement

13 providing the United States and its assigns access across KNA’s surface estate in the SW1 14 ⁄4

15 of section 21, T. 6 N., R. 9 W., Seward Merid16 ian, Alaska.

17 (G) The conveyance of approximately 100

18 acres within the Beaver Creek Patented Tract,

19 which is contiguous to lands being retained by

20 the United States contiguous to the Beaver

21 Creek Patented Tract, in exchange for 180

22 acres of Service lands currently situated within

23 the Beaver Creek Selected Tract.
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1 (2) LANDS TO BE CONVEYED TO KNA.—The

2 rights provided or lands to be conveyed by the

3 United States to KNA, are the following:

4 (A) The surface and subsurface estate to

5 approximately 5 acres, subject to reservations

6 of easements for existing roads and utilities, lo7 cated within the city of Kenai, Alaska, identi8 fied as United States Survey 1435, withdrawn

9 by Executive Order 2934, and known as the old

10 Fish and Wildlife Service Headquarters site.

11 (B) The remaining subsurface estate held

12 by the United States to approximately 13,811

13 acres, including portions of the Beaver Creek

14 Patented Tract, the Beaver Creek Selected

15 Tract, and portions of the Swanson River Road

16 West Tract and the Swanson River Road East

17 Tract, where the surface was previously or will

18 be conveyed to KNA pursuant to this Act. The

19 conveyance of these subsurface interests will be

20 subject to the rights of CIRI to the coal, oil,

21 and gas, and to all rights CIRI, its successors,

22 and assigns would have under paragraph 1(B)

23 of the Terms and Conditions, including the

24 right to sand and gravel, to construct facilities,
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1 to have rights-of-way, and to otherwise develop

2 its subsurface interests.

3 (C)(i) The nonexclusive right to use sand

4 and gravel which is reasonably necessary for on5 site development without compensation or per6 mit on those portions of the Swanson River

7 Road East Tract, comprising approximately

8 1,738.04 acres; where the entire subsurface of

9 the land is presently owned by the United

10 States. The United States shall retain the own11 ership of all other sand and gravel located with12 in the subsurface and KNA shall not sell or dis13 pose of such sand and gravel.

14 (ii) The right to excavate within the sub15 surface estate as reasonably necessary for

16 structures, utilities, transportation systems, and

17 other development of the surface estate.

18 (D) The nonexclusive right to excavate

19 within the subsurface estate as reasonably nec20 essary for structures, utilities, transportation

21 systems, and other development of the surface

estate on the SW1 22 ⁄4, section 21, T. 6 N., R. 9

23 W., Seward Meridian, Alaska, where the entire

24 subsurface of the land is owned by the United

25 States and which public lands shall continue to
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1 be withdrawn from mining following their re2 moval from the Refuge boundary under sub3 section (c)(1)(B). The United States shall re4 tain the ownership of all other sand and gravel

5 located within the subsurface of this parcel.

6 (E) The surface estate of approximately

7 280 acres known as the Beaver Creek Selected

8 Tract. This tract shall be conveyed to KNA in

9 exchange for lands conveyed to the United

10 States as described in subsection (b)(1)(B).

11 (3) PAYMENT.—The United States shall make

12 a total cash payment to KNA for the above-de13 scribed lands of $4,443,000, contingent upon the ap14 propriate approvals of the Federal or State of Alas15 ka EVOS Trustees (or both) necessary for any ex16 penditure of the EVOS settlement funds.

17 (4) NATIONAL REGISTER OF HISTORIC

18 PLACES.—Upon completion of the acquisition au19 thorized in subsection (a), the Secretary shall, at no

20 cost to KNA, in coordination with KNA, promptly

21 undertake to nominate the Stephanka Tract to the

22 National Register of Historic Places, in recognition

23 of the archaeological artifacts from the original

24 Dena’ina Settlement. If the Department of the Inte25 rior establishes a historical, cultural, or archaeologi-
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1 cal interpretive site, KNA shall have the exclusive

2 right to operate a Dena’ina interpretive site on the

3 Stephanka Tract under the regulations and policies

4 of the department. If KNA declines to operate such

5 a site, the department may do so under its existing

6 authorities. Prior to the department undertaking

7 any archaeological activities whatsoever on the

8 Stephanka Tract, KNA shall be consulted.

9 (c) GENERAL PROVISIONS.—

10 (1) REMOVAL OF KNA LANDS FROM THE NA11 TIONAL WILDLIFE REFUGE SYSTEM.—

12 (A) Effective on the date of closing for the

13 Acquisition Lands identified in subsection

14 (b)(2), all lands retained by or conveyed to

15 KNA pursuant to this Act, and the subsurface

16 interests of CIRI underlying such lands shall be

17 automatically removed from the National Wild18 life Refuge System and shall neither be consid19 ered as part of the Refuge nor subject to any

20 laws pertaining solely to lands within the

21 boundaries of the Refuge. The conveyance re22 strictions imposed by section 22(g) of ANCSA

23 (i) shall then be ineffective and cease to apply

24 to such interests of KNA and CIRI, and (ii)

25 shall not be applicable to the interests received
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1 by KNA in accordance with subsection (b)(2) or

2 to the CIRI interests underlying them. The Sec3 retary shall adjust the boundaries of the Refuge

4 so as to exclude all interests in lands retained

5 or received in exchange by KNA in accordance

6 with this Act, including both surface and sub7 surface, and shall also exclude all interests cur8 rently held by CIRI. On lands within the Swan9 son River Road East Tract, the boundary ad10 justment shall only include the surface estate

11 where the subsurface estate is retained by the

12 United States.

13 (B)(i) The Secretary, KNA, and CIRI

14 shall execute an agreement within 45 days of

15 the date of enactment of this Act which pre16 serves CIRI’s rights under paragraph 1(B)(1)

17 of the Terms and Conditions, addresses CIRI’s

18 obligations under such paragraph, and ade19 quately addresses management issues associated

20 with the boundary adjustment set forth in this

21 Act and with the differing interests in land re22 sulting from enactment of this Act.

23 (ii) In the event that no agreement is exe24 cuted as provided for in clause (i), solely for the

25 purposes of administering CIRI’s rights under
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1 paragraph 1(B)(1) of the Terms and Condi2 tions, the Secretary and CIRI shall be deemed

3 to have retained their respective rights and obli4 gations with respect to CIRI’s subsurface inter5 ests under the requirements of the Terms and

6 Conditions in effect on June 18, 1996. Notwith7 standing the boundary adjustments made pur8 suant to this Act, conveyances to KNA shall be

9 deemed to remain subject to the Secretary’s

10 and CIRI’s rights and obligations under para11 graph 1(B)(1) of the Terms and Conditions.

12 (C) The Secretary is authorized to acquire

13 by purchase or exchange, on a willing seller

14 basis only, any lands retained by or conveyed to

15 KNA. In the event that any lands owned by

16 KNA are subsequently acquired by the United

17 States, they shall be automatically included in

18 the Refuge System. The laws and regulations

19 applicable to Refuge lands shall then apply to

20 these lands and the Secretary shall then adjust

21 the boundaries accordingly.

22 (D) Nothing in this Act is intended to en23 large or diminish the authorities, rights, duties,

24 obligations, or the property rights held by CIRI

25 under the Terms and Conditions, or otherwise
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1 except as set forth in this Act. In the event of

2 the purchase by the United States of any lands

3 from KNA in accordance with paragraph

4 (1)(B), the United States shall reassume from

5 KNA the rights it previously held under the

6 Terms and Conditions and the provisions in any

7 patent implementing section 22(g) of ANCSA

8 will again apply.

9 (E) By virtue of implementation of this

10 Act, CIRI is deemed entitled to 1,207 acres of

11 in-lieu subsurface entitlement under section

12 12(a)(1) of ANCSA. Such entitlement shall be

13 fulfilled in accordance with paragraph

14 1(B)(2)(A) of the Terms and Conditions.

15 (2) MAPS AND LEGAL DESCRIPTIONS.—Maps

16 and a legal description of the lands described above

17 shall be on file and available for public inspection in

18 the appropriate offices of the United States Depart19 ment of the Interior, and the Secretary shall, no

20 later than 90 days after enactment of this Act, pre21 pare a legal description of the lands described in

22 subsection (b)(1)(G). Such maps and legal descrip23 tion shall have the same force and effect as if in24 cluded in the Act, except that the Secretary may

25 correct clerical and typographical errors.
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1 (3) ACCEPTANCE.—KNA may accept the offer

2 made in this Act by notifying the Secretary in writ3 ing of its decision within 180 days of receipt of the

4 offer. In the event the offer is rejected, the Secretary

5 shall notify the Committee on Resources of the

6 House of Representatives and the Committee on En7 ergy and Natural Resources and the Committee on

8 Environment and Public Works of the Senate.

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

10 after the conclusion of the acquisition authorized by

11 subsection (a), the Secretary shall transmit a final

12 report and maps accurately depicting the lands

13 transferred and conveyed pursuant to this Act and

14 the acreage and legal descriptions of such lands to

15 the Committee on Resources of the House of Rep16 resentatives and the Committee on Energy and Nat17 ural Resources and the Committee on Environment

18 and Public Works of the Senate.

19 SEC. 5. ADJUSTMENTS TO NATIONAL WILDERNESS SYSTEM.

20 Upon acquisition of lands by the United States pur21 suant to section 4(b)(1), that portion of the Stephanka

22 Tract lying south and west of the Kenai River, consisting

23 of approximately 592 acres, shall be included in and man24 aged as part of the Kenai Wilderness and such lands shall
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1 be managed in accordance with the applicable provisions

2 of the Wilderness Act and ANILCA.

3 SEC. 6. DESIGNATION OF LAKE TODATONTEN SPECIAL

4 MANAGEMENT AREA.

5 (a) PURPOSE.—To balance the potential effects on

6 fish, wildlife, and habitat of the removal of KNA lands

7 from the Refuge System, the Secretary is hereby directed

8 to withdraw, subject to valid existing rights, from location,

9 entry, and patent under the mining laws and to create

10 as a special management unit for the protection of fish,

11 wildlife, and habitat, certain unappropriated and unre12 served public lands, totaling approximately 37,000 acres

13 adjacent to the west boundary of the Kanuti National

14 Wildlife Refuge to be known as the ‘‘Lake Todatonten

15 Special Management Area’’, as depicted on the map enti16 tled Proposed: Lake Todatonten Special Management

17 Area, dated June 13, 1996, and to be managed by the

18 Bureau of Land Management.

19 (b) MANAGEMENT.—

20 (1) Such designation is subject to all valid ex21 isting rights as well as the subsistence preferences

22 provided under title VIII of ANILCA. Any lands

23 conveyed to the State of Alaska shall be removed

24 from the Lake Todatonten Special Management

25 Area.
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1 (2) The Secretary may permit any additional

2 uses of the area, or grant easements, only to the ex3 tent that such use, including leasing under the min4 eral leasing laws, is determined to not detract from

5 nor materially interfere with the purposes for which

6 the Special Management Area is established.

7 (3)(A) The BLM shall establish the Lake

8 Todatonten Special Management Area Committee.

9 The membership of the Committee shall consist of

10 11 members as follows:

11 (i) Two residents each from the villages of

12 ALatna, Allakaket, Hughes, and Tanana.

13 (ii) One representative from each of Doyon

14 Corporation, the Tanana Chiefs Conference,

15 and the State of Alaska.

16 (B) Members of the Committee shall serve with17 out pay.

18 (C) The BLM shall hold meetings of the Lake

19 Todatonten Special Management Area Committee at

20 least once per year to discuss management issues

21 within Special Management Area. The BLM shall

22 not allow any new type of activity in the Special

23 Management Area without first conferring with the

24 Committee in a timely manner.

25 (c) ACCESS.—The Secretary shall allow the following:
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1 (1) Private access for any purpose, including

2 economic development, to lands within the bound3 aries of the Special Management Area which are

4 owned by third parties or are held in trust by the

5 Secretary for third parties pursuant to the Alaska

6 Native Allotment Act (25 U.S.C. 336). Such rights

7 may be subject to restrictions issued by the BLM to

8 protect subsistence uses of the Special Management

9 Area.

10 (2) Existing public access across the Special

11 Management Area. Section 1110(a) of ANILCA

12 shall apply to the Special Management Area.

13 (c) SECRETARIAL ORDER AND MAPS.—The Secretary

14 shall file with the Committee on Resources of the House

15 of Representatives and the Committee on Energy and

16 Natural Resources and the Committee on Environment

17 and Public Works of the Senate, the Secretarial Order and

18 maps setting forth the boundaries of the Area within 90

19 days of the completion of the acquisition authorized by

20 this Act. Once established, this Order may only be amend21 ed or revoked by Act of Congress.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated such sums as may be

24 necessary to carry out the purposes of this Act.
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1 SEC. 6. DESIGNATION OF LAKE TODATONTEN SPECIAL

2 MANAGEMENT AREA.

3 (a) PURPOSE.—To offset the removal of KNA lands

4 from the Refuge System, the Secretary is hereby authorized

5 to withdraw, subject to valid existing rights, and to create

6 as a special management unit for uses other than wilder7 ness, including the protection of fish, wildlife, and habitat,

8 certain unappropriated and unreserved public lands, total9 ing approximately 15,500 acres adjacent to the west bound10 ary of the Kanuti National Wildlife Refuge to be known

11 as the ‘‘Lake Todatonten Special Management Area’’, from

12 the 37,000 acres as depicted on the map entitled ‘‘Proposed:

13 Lake Todatonten Special Management Area’’, dated June

14 13, 1996, and to be managed by the Bureau of Land Man15 agement. Such withdrawal shall not include any validly se16 lected land by the State of Alaska or Alaska Native Cor17 poration or any lands that the Secretary determines has

18 mineral potential based on surveys conducted or to be con19 ducted by the United States Geological Survey. Such with20 drawals shall not occur, however, until the Secretary has

21 complied with the requirements of subparagraphs (1)

22 through (12) of paragraph 204(c)(2) of FLPMA. The Sec23 retary may study the remaining lands within the area de24 picted on the map for future potential withdrawal pursuant

25 to section 204 of FLPMA.

26 (b) MANAGEMENT.—
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1 (1) Such designation is subject to all valid exist2 ing rights including R.S. 2477 Rights-of-Way, as well

3 as the subsistence preferences provided under title

4 VIII of ANILCA.

5 (2)(A) The Bureau of Land Management shall

6 establish the Lake Todatonten Special Management

7 Area Committee. The membership of the Committee

8 shall consist of 11 members as follows:

9 (i) Two residents each from the villages of

10 Alatna, Allakaket, Hughes, and Tanana.

11 (ii) One representative from each of Doyon

12 Corporation, the Tanana Chiefs Conference, and

13 the State of Alaska.

14 (B) Members of the Committee shall serve with15 out pay.

16 (C) The Bureau of Land Management shall

17 hold meetings of the Lake Todatonten Special

18 Management Area Committee at least once per

19 year to discuss management issues within the

20 Special Management Area. The Bureau of Land

21 Management shall not allow any new type of ac22 tivity in the Special Management Area without

23 first conferring with the Committee in a timely

24 manner.

25 (c) ACCESS.—The Secretary shall allow the following:
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1 (1) Private access for any purpose, including

2 economic development, to lands within the boundaries

3 of the Special Management Area which are owned by

4 third parties or are held in trust by the Secretary for

5 third parties pursuant to the Alaska Native Allotment

6 Act (25 U.S.C. 336). Such rights may be subject to

7 restrictions issued by the Bureau of Land Manage8 ment to protect subsistence uses of Special Manage9 ment Area.

10 (2) Section 1110 of ANILCA shall apply to the

11 Special Management Area.

12 (d) SECRETARIAL ORDER AND MAPS.—The Secretary

13 shall file with the Committee on Resources of the House of

14 Representatives and the Committee on Energy and Natural

15 Resources, the Secretarial Order and maps setting forth the

16 boundaries of the Area within 90 days of the completion

17 of the acquisition authorized by this Act. Once established,

18 this Order may only be amended or revoked by Act of Con19 gress.

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated such sums as may be nec22 essary to carry out the purposes of this Act.