II

105TH CONGRESS

1ST SESSION S. 1015

To provide for the exchange of lands within Admiralty Island National

Monument, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 14, 1997

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

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 ‘‘Hood Bay Land Ex5 change Act of 1997’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) The Alaska National Interest Lands Con9 servation Act established the Admiralty Island Na-
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1 tional Monument which is managed by the United

2 States Forest Service.

3 (2) The Forest Service has established a policy

4 of encouraging the acquisition of private land

5 inholdings within Admiralty Island National Monu6 ment on a willing buyer/willing seller basis. Congress

7 has supported this policy, for example by passage of

8 the Greens Creek Land Exchange Act of 1996 which

9 provided for a land exchange of certain public and

10 private lands in Admiralty Island National Monu11 ment.

12 (3) Hood Bay, which is located on Admiralty

13 Island, is available for transfer to Federal ownership

14 on a willing seller/willing buyer basis. The acquisi15 tion of Hood Bay would provide Federal ownership

16 of this very valuable land in a critical area of Admi17 ralty Island National Monument.

18 (4) Transfer of the Federal Government’s re19 versionary interest in land in Silver Bay near Sitka,

20 Alaska, to Alaska Pulp Corporation will facilitate

21 transfer of a portion of that land by Alaska Pulp

22 Corporation to Sitka, Alaska.

23 SEC. 3. DEFINITIONS.

24 As used in this Act—
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1 (1) the term ‘‘ANILCA’’ means the Alaska Na2 tional Interest Lands Conservation Act (16 U.S.C.

3 3101 et seq.);

4 (2) the term ‘‘Company’’ means the Alaska

5 Pulp Corporation, an Alaska corporation;

6 (3) the term ‘‘Company Property’’ means the

7 property depicted on the map entitled ‘‘Hood Bay

8 Exchange Lands’’, dated May ll, 1997, consisting

9 of approximately 50 acres of land.

10 (4) the term ‘‘Federal Property’’ means the re11 versionary interest of the United States described in

12 paragraphs (6) and (7) of the patent dated October

13 18, 1960, granted by the Bureau of Land Manage14 ment to Alaska Lumber & Pulp Co., which was re15 corded at Book 15, Pages 271–23, Sitka Recording

16 District on November 9, 1960;

17 (5) the term ‘‘Monument’’ means the Admiralty

18 Island National Monument, which is managed as a

19 unit of the United States Forest System and was es20 tablished by section 503 of ANILCA;

21 (6) the term ‘‘Secretary’’ means the Secretary

22 of Agriculture;

23 (7) the term ‘‘Sitka’’ means the city and bor24 ough of Sitka, Alaska, a home-rule borough formed

25 in accordance with the laws of the State of Alaska.
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1 (8) the term ‘‘Sitka Property’’ means the prop2 erty depicted on the map entitled ‘‘Sitka Lands’’,

3 dated May ll, 1997, consisting of approximately

4 ll acres of land.

5 SEC. 4. LAND EXCHANGE AND TRANSFER.

6 (a) EXCHANGE OF COMPANY AND FEDERAL PROP7 ERTY.—Not later than 60 days after the Company trans8 fers all right, title, and interest of the Company in and

9 to the Company Property to the United States, the Sec10 retary shall transfer to the Company all right, title, and

11 interest of the United States in and to the Federal Prop12 erty.

13 (b) TRANSFER OF PROPERTY TO SITKA.—Upon

14 transfer of the Federal Property to the Company under

15 subsection (a), the Company shall transfer all right, title,

16 and interest of the Company in the Sitka Property to

17 Sitka.

18 (c) AVAILABILITY OF MAPS.—The map referred to

19 in section 3(3) depicting the Company Property and the

20 map referred to in section 3(8) depicting the Sitka Prop21 erty shall be on file and available for public inspection in

22 the office of the Supervisor of the Chatham Area, Tongass

23 National Forest in Sitka, Alaska.
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1 SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RE2 LATING TO LAND EXCHANGE.

3 (a) SURVEYS.—Notwithstanding any other provision

4 of law, the Secretary may conduct and approve all cadas5 tral surveys that are necessary for completion of the ex6 change.

7 (b) WAIVER OF ADDITIONAL CONSIDERATION.—The

8 values of the Federal Property and the Company Property

9 are not deemed to be of equal value. The value of the Com10 pany Property is deemed to exceed the value of the Fed11 eral Property. As a condition of this exchange, the Com12 pany shall waive any additional consideration not provided

13 in this Act.

14 (c) ADMINISTRATION.—The Secretary is authorized

15 to implement and administer the rights and obligations

16 of the United States under the Agreement.

17 (d) SAVINGS PROVISIONS.—Implementation of this

18 Act shall not be deemed a major Federal action signifi19 cantly affecting the quality of the human environment, nor

20 shall implementation require further consideration pursu21 ant to the National Historic Preservation Act, title VIII

22 of ANILCA, or any other law.

23 SEC. 6. ADMINISTRATION OF LAND ACQUIRED BY THE

24 UNITED STATES.

25 After transfer to the United States pursuant to sec26 tion 4(a)—
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1 (1) the Company Property shall be added to

2 and administered as part of the Admiralty Island

3 National Monument; and

4 (2) the portions of the Company Property lo5 cated within the Admiralty Island Wilderness area

6 shall be added to and administered as part of such

7 wilderness area.

Æ