Calendar No. 176

105TH CONGRESS

1ST SESSION S. 1015

A BILL

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

SEPTEMBER 24, 1997

Reported with an amendment
II

Calendar No. 176

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

SEPTEMBER 24, 1997

Reported by Mr. MURKOWSKI, with an amendment

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

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:
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1 (1) The Alaska National Interest Lands Con2 servation Act established the Admiralty Island Na3 tional Monument which is managed by the United

4 States Forest Service.

5 (2) The Forest Service has established a policy

6 of encouraging the acquisition of private land

7 inholdings within Admiralty Island National Monu8 ment on a willing buyer/willing seller basis. Congress

9 has supported this policy, for example by passage of

10 the Greens Creek Land Exchange Act of 1996 which

11 provided for a land exchange of certain public and

12 private lands in Admiralty Island National Monu13 ment.

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

15 Island, is available for transfer to Federal ownership

16 on a willing seller/willing buyer basis. The acquisi17 tion of Hood Bay would provide Federal ownership

18 of this very valuable land in a critical area of Admi19 ralty Island National Monument.

20 (4) Transfer of the Federal Government’s re21 versionary interest in land in Silver Bay near Sitka,

22 Alaska, to Alaska Pulp Corporation will facilitate

23 transfer of a portion of that land by Alaska Pulp

24 Corporation to Sitka, Alaska.
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1 SEC. 3. DEFINITIONS.

2 As used in this Act—

3 (1) the term ‘‘ANILCA’’ means the Alaska Na4 tional Interest Lands Conservation Act (16 U.S.C.

5 3101 et seq.);

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

7 Pulp Corporation, an Alaska corporation;

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

9 property depicted on the map entitled ‘‘Hood Bay

10 Exchange Lands’’, dated May , 1997, consisting

11 of approximately 50 acres of land.

12 (4) the term ‘‘Federal Property’’ means the re13 versionary interest of the United States described in

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

15 18, 1960, granted by the Bureau of Land Manage16 ment to Alaska Lumber & Pulp Co., which was re17 corded at Book 15, Pages 271–23, Sitka Recording

18 District on November 9, 1960;

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

20 Island National Monument, which is managed as a

21 unit of the United States Forest System and was es22 tablished by section 503 of ANILCA;

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

24 of Agriculture;
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1 (7) the term ‘‘Sitka’’ means the city and bor2 ough of Sitka, Alaska, a home-rule borough formed

3 in accordance with the laws of the State of Alaska.

4 (8) the term ‘‘Sitka Property’’ means the prop5 erty depicted on the map entitled ‘‘Sitka Lands’’,

6 dated May , 1997, consisting of approximately

7 acres of land.

8 SEC. 4. LAND EXCHANGE AND TRANSFER.

9 (a) EXCHANGE OF COMPANY AND FEDERAL PROP10 ERTY.—Not later than 60 days after the Company trans11 fers all right, title, and interest of the Company in and

12 to the Company Property to the United States, the Sec13 retary shall transfer to the Company all right, title, and

14 interest of the United States in and to the Federal Prop15 erty.

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

17 transfer of the Federal Property to the Company under

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

19 and interest of the Company in the Sitka Property to

20 Sitka.

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

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

23 map referred to in section 3(8) depicting the Sitka Prop24 erty shall be on file and available for public inspection in
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1 the office of the Supervisor of the Chatham Area, Tongass

2 National Forest in Sitka, Alaska.

3 SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RE4 LATING TO LAND EXCHANGE.

5 (a) SURVEYS.—Notwithstanding any other provision

6 of law, the Secretary may conduct and approve all cadas7 tral surveys that are necessary for completion of the ex8 change.

9 (b) WAIVER OF ADDITIONAL CONSIDERATION.—The

10 values of the Federal Property and the Company Property

11 are not deemed to be of equal value. The value of the Com12 pany Property is deemed to exceed the value of the Fed13 eral Property. As a condition of this exchange, the Com14 pany shall waive any additional consideration not provided

15 in this Act.

16 (c) ADMINISTRATION.—The Secretary is authorized

17 to implement and administer the rights and obligations

18 of the United States under the Agreement.

19 (d) SAVINGS PROVISIONS.—Implementation of this

20 Act shall not be deemed a major Federal action signifi21 cantly affecting the quality of the human environment, nor

22 shall implementation require further consideration pursu23 ant to the National Historic Preservation Act, title VIII

24 of ANILCA, or any other law.
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1 SEC. 6. ADMINISTRATION OF LAND ACQUIRED BY THE

2 UNITED STATES.

3 After transfer to the United States pursuant to sec4 tion 4(a)—

5 (1) the Company Property shall be added to

6 and administered as part of the Admiralty Island

7 National Monument; and

8 (2) the portions of the Company Property lo9 cated within the Admiralty Island Wilderness area

10 shall be added to and administered as part of such

11 wilderness area.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Hood Bay Land Ex14 change Act of 1997’’.

15 SEC. 2. FINDINGS.

16 The Congress makes the following findings:

17 (1) The Alaska National Interest Lands Con18 servation Act established the Admiralty Island Na19 tional Monument which is managed by the Secretary

20 of Agriculture, by and through the Forest Service.

21 (2) The Forest Service has established a policy of

22 encouraging the acquisition of private land

23 inholdings within Admiralty Island National Monu24 ment on a willing buyer/willing seller basis. Congress

25 has supported this policy, for example by passage of

26 the Greens Creek Land Exchange Act of 1996 which
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1 provided for a land exchange of certain public and

2 private lands in Admiralty Island National Monu3 ment.

4 (3) Lands owned by Alaska Pulp Corporation,

5 consisting of 54 acres, more or less, located in Hood

6 Bay on Admiralty Island within the boundaries of

7 the Kootznoowoo Wilderness are available for transfer

8 to Federal ownership on a willing seller/willing buyer

9 basis. The acquisition of these lands would provide

10 Federal ownership of this very valuable land in a

11 critical area of Admiralty Island National Monu12 ment.

13 (4) The United States is the owner of certain re14 versionary interests of 143.87 acres, more or less, lo15 cated adjacent to Silver Bay near Sitka, Alaska,

16 which interests were reserved in patent No. 1213671

17 issued to Alaska Pulp Corporation on October 18,

18 1960. The transfer of the reversionary interests of the

19 United States in such lands adjacent to Silver Bay

20 to the Alaska Pulp Corporation would facilitate fu21 ture use and development of that land.

22 (5) The future acquisition by the United States

23 of the Chaik Bay property on Admiralty Island to be

24 incorporated into the Kootznoowoo Wilderness would

25 be in the public interest.
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1 SEC. 3. DEFINITIONS.

2 As used in this Act:

3 (1) The term ‘‘ANILCA’’ means the Alaska Na4 tional Interest Lands Conservation Act (16 U.S.C.

5 3101 et seq.).

6 (2) The term ‘‘Company’’ means the Alaska Pulp

7 Corporation, an Alaska corporation, its successors,

8 and assigns.

9 (3) The term ‘‘Company Property’’ means the

10 property depicted on United States Survey Plat 1058

11 approved March 20, 1917, consisting of approxi12 mately 54 acres of land.

13 (4) The term ‘‘Federal Property’’ means the revi14 sionary interest of the United States described in

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

16 18, 1960, granted by the Bureau of Land Manage17 ment to Alaska Lumber & Pulp Co., which was re18 corded at Book 15, Pages 271–273, Sitka Recording

19 District on November 9, 1960. The term ‘‘Federal

20 Property’’ does not include the interests described in

21 paragraphs (1) through (5) of the said patent.

22 (5) The term ‘‘Monument’’ means the Admiralty

23 Island National Monument, which was established by

24 section 503 of ANILCA and which is managed by the

25 Secretary of Agriculture as a unit of the National

26 Forest System.
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1 (6) The term ‘‘Secretary’’ means the Secretary of

2 Agriculture.

3 (7) The term ‘‘Sitka’’ means the city and bor4 ough of Sitka, Alaska, a home-rule borough formed in

5 accordance with the laws of the State of Alaska.

6 (8) The term ‘‘Sitka Property’’ means the prop7 erty depicted on the maps entitled ‘‘Sitka Property’’,

8 dated August 29, 1997, consisting of approximately

9 49 acres of land.

10 SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT.

11 (a) EXCHANGE OF COMPANY AND FEDERAL PROP12 ERTY.—After the Company conveys to the United States,

13 by general warranty deed, all right, title, and interest of

14 the Company in and to the Company Property, the Sec15 retary shall within 60 days of acceptance of delivery of said

16 deed, unconditionally and without limitation except as pro17 vided herein, relinquish to the Company all right, title, and

18 interest of the United States in and to the Federal Property

19 and shall evidence that relinquishment by conveying to the

20 Company a quitclaim deed to the Federal Property.

21 (b) RELINQUISHMENT OF PROPERTY TO SITKA.—

22 Upon relinquishment of the Federal Property to the Com23 pany under subsection (a), the Company shall transfer all

24 right, title, and interest of the Company in the Sitka Prop25 erty to Sitka.
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1 (c) AVAILABILITY OF MAPS.—The maps referred to in

2 section 3(3), depicting the Company Property, and in sec3 tion 3(4), depicting the Federal Property, shall be on file

4 and available for public inspection in the Office of the For5 est Supervisor, Chatham Area, Tongass National Forest, in

6 Sitka, Alaska. The Maps referred to in section 3(8), depict7 ing the Sitka Property, shall be on file in the office of the

8 Manager of the City and Borough of Sitka until the convey9 ance described in subsection (b), at which time the map

10 shall be recorded along with the deed.

11 SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RE12 LATING TO LAND EXCHANGE.

13 (a) SURVEYS.—Notwithstanding any other provision

14 of law, the Secretary of the Interior may conduct and ap15 prove all cadastral surveys that are necessary for comple16 tion of the exchange. The cost of any surveys shall be borne

17 by the Company.

18 (b) EQUAL VALUE EXCHANGE.—The values of the Fed19 eral Property and the Company Property are deemed to

20 be of equal value.

21 (c) ADMINISTRATION.—The Secretary is directed to

22 implement and administer the rights and obligations of the

23 United States under this Act.

24 (d) CLEANUP OBLIGATIONS.—Nothing in this Act shall

25 impact or alter the Company’s rights, duties, and obliga-
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1 tions regarding investigation, remediation, cleanup, and

2 restoration under its September 10, 1995, Commitment

3 Agreement with the State of Alaska or other applicable law.

4 The Company shall use its property consistent with all re5 strictive covenants, including those restrictive covenants re6 corded on September 4, 1997.

7 (e) TITLE STANDARDS.—Title to the Company Prop8 erty to be conveyed to the United States shall be acceptable

9 to the Secretary consistent with the title review standard

10 of the Attorney General of the United States.

11 SEC. 6. GENERAL PROVISIONS.

12 (a) MANAGEMENT OF COMPANY PROPERTY.—Upon ac13 quisition of the Company Property by the United States

14 pursuant to this Act, said Property shall be managed as

15 a part of the Admiralty Island National Monument and

16 the Kootznoowoo Wilderness.

17 (b) AUTHORIZATION TO NEGOTIATE FOR ACQUISITION

18 OF PROPERTY.—In furtherance of the purposes of the

19 Kootznoowoo Wildnerness, the Secretary, acting through the

20 Forest Service, is authorized to enter into negotiations with

21 the owners of private property in the Chaik Bay on Admi22 ralty Island, with the objective of acquiring such property.

23 The Secretary is authorized to enter into an option to pur24 chase or exchange agreement with the owners of such prop25 erty to be effected either through existing administrative
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1 mechanisms provided by law and regulation, or by subse2 quent ratification by Act of Congress.