II

104TH CONGRESS

2D SESSION H. R. 3907

IN THE SENATE OF THE UNITED STATES

JULY 30, 1996

Received

AN ACT

To facilitate the 2002 Winter Olympic Games in the State

of Utah at the Snowbasin Ski Area, to provide for the

acquisition of lands within the Sterling Forest Reserve,

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 TITLE I—SNOWBASIN SKI AREA

2 SEC. 101. SHORT TITLE.

3 This title may be cited as the ‘‘2002 Winter Olympic

4 Games Facilitation Act’’.

5 SEC. 102. FINDINGS AND DETERMINATION.

6 (a) FINDINGS.—The Congress finds that—

7 (1) in June 1995, Salt Lake City, Utah, was

8 selected to host the 2002 Winter Olympic Games,

9 and the Snowbasin Ski Resort, which is owned by

10 the Sun Valley Company, was identified as the site

11 of six Olympic events: the men’s and women’s

12 downhills, men’s and women’s Super-Gs, and men’s

13 and women’s combined downhills;

14 (2) in order to adequately accommodate these

15 events, which are traditionally among the most pop16 ular and heavily attended at the Winter Olympic

17 Games, major new skiing, visitor, and support facili18 ties will have to be constructed at the Snowbasin Ski

19 Resort on land currently administered by the United

20 States Forest Service;

21 (3) while certain of these new facilities can be

22 accommodated on National Forest land under tradi23 tional Forest Service permitting authorities, the base

24 area facilities necessary to host visitors to the ski
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1 area and the Winter Olympics are of such a nature

2 that they should logically be located on private land;

3 (4) land exchanges have been routinely utilized

4 by the Forest Service to transfer base area lands to

5 many other ski areas, and the Forest Service and

6 the Sun Valley Company have concluded that a land

7 exchange to transfer base area lands at the

8 Snowbasin Ski Resort to the Sun Valley Company is

9 both logical and advisable;

10 (5) an environmental impact statement and nu11 merous resource studies have been completed by the

12 Forest Service and the Sun Valley Company for the

13 lands proposed to be transferred to the Sun Valley

14 Company by this title;

15 (6) the Sun Valley Company has assembled

16 lands with outstanding environmental, recreational,

17 and other values to convey to the Forest Service in

18 return for the lands it will receive in the exchange,

19 and the Forest Service has identified such lands as

20 desirable for acquisition by the United States; and

21 (7) completion of a land exchange and approval

22 of a development plan for Olympic related facilities

23 at the Snowbasin Ski Resort is essential to ensure

24 that all necessary facilities can be constructed, test25 ed for safety and other purposes, and become fully
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1 operational in advance of the 2002 Winter Olympics

2 and earlier pre-Olympic events.

3 (b) DETERMINATION.—The Congress has reviewed

4 the previous analyses and studies of the lands to be ex5 changed and developed pursuant to this title, and has

6 made its own review of these lands and issues involved,

7 and on the basis of those reviews hereby finds and deter8 mines that a legislated land exchange and development

9 plan approval is necessary to meet Olympic goals and

10 timetables.

11 SEC. 103. SNOWBASIN LAND EXCHANGE.

12 (a) PURPOSE AND INTENT.—The purpose of this sec13 tion is to authorize and direct the Secretary to exchange

14 1,320 acres of federally-owned land within the Cache Na15 tional Forest in the State of Utah for lands of approxi16 mately equal value owned by the Sun Valley Company. It

17 is the intent of Congress that this exchange be completed

18 without delay within the period specified by subsection (d).

19 (b) DEFINITIONS.—As used in this section:

20 (1) The term ‘‘Sun Valley Company’’ means the

21 Sun Valley Company, a division of Sinclair Oil Cor22 poration, a Wyoming Corporation, or its successors

23 or assigns.

24 (2) The term ‘‘Secretary’’ means the Secretary

25 of Agriculture.
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1 (c) EXCHANGE.—

2 (1) FEDERAL SELECTED LANDS.—(A) Not later

3 than 45 days after the final determination of value

4 of the Federal selected lands, the Secretary shall,

5 subject to this section, transfer all right, title, and

6 interest of the United States in and to the lands re7 ferred to in subparagraph (B) to the Sun Valley

8 Company.

9 (B) The lands referred to in subparagraph (A)

10 are certain lands within the Cache National Forest

11 in the State of Utah comprising 1,320 acres, more

12 or less, as generally depicted on the map entitled

13 ‘‘Snowbasin Land Exchange—Proposed’’ and dated

14 October 1995.

15 (2) NON-FEDERAL OFFERED LANDS.—Upon

16 transfer of the Federal selected lands under para17 graph (1), and in exchange for those lands, the Sun

18 Valley Company shall simultaneously convey to the

19 Secretary all right, title and interest of the Sun Val20 ley Company in and to so much of the following of21 fered lands which have been previously identified by

22 the United States Forest Service as desirable by the

23 United States, or which are identified pursuant to

24 subparagraph (E) prior to the transfer of lands
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1 under paragraph (1), as are of approximate equal

2 value to the Federal selected lands:

3 (A) Certain lands located within the exte4 rior boundaries of the Cache National Forest in

5 Weber County, Utah, which comprise approxi6 mately 640 acres and are generally depicted on

7 a map entitled ‘‘Lightning Ridge Offered

8 Lands’’, dated October 1995.

9 (B) Certain lands located within the Cache

10 National Forest in Weber County, Utah, which

11 comprise approximately 635 acres and are gen12 erally depicted on a map entitled ‘‘Wheeler

13 Creek Watershed Offered Lands—Section 21’’

14 dated October 1995.

15 (C) Certain lands located within the exte16 rior boundaries of the Cache National Forest in

17 Weber County, Utah, and lying immediately ad18 jacent to the outskirts of the City of Ogden,

19 Utah, which comprise approximately 800 acres

20 and are generally depicted on a map entitled

21 ‘‘Taylor Canyon Offered Lands’’, dated October

22 1995.

23 (D) Certain lands located within the exte24 rior boundaries of the Cache National Forest in

25 Weber County, Utah, which comprise approxi-
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1 mately 2,040 acres and are generally depicted

2 on a map entitled ‘‘North Fork Ogden River—

3 Devil’s Gate Valley’’, dated October 1995.

4 (E) Such additional offered lands in the

5 State of Utah as may be necessary to make the

6 values of the lands exchanged pursuant to this

7 section approximately equal, and which are ac8 ceptable to the Secretary.

9 (3) SUBSTITUTION OF OFFERED LANDS.—If

10 one or more of the precise offered land parcels iden11 tified in subparagraphs (A) through (D) of para12 graph (2) is unable to be conveyed to the United

13 States due to appraisal or other reasons, or if the

14 Secretary and the Sun Valley Company mutually

15 agree and the Secretary determines that an alter16 native offered land package would better serve long

17 term public needs and objectives, the Sun Valley

18 Company may simultaneously convey to the United

19 States alternative offered lands in the State of Utah

20 acceptable to the Secretary in lieu of any or all of

21 the lands identified in subparagraphs (A) through

22 (D) of paragraph (2).

23 (4) VALUATION AND APPRAISALS.—(A) Values

24 of the lands to be exchanged pursuant to this section

25 shall be equal as determined by the Secretary utiliz-
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1 ing nationally recognized appraisal standards and in

2 accordance with section 206 of the Federal Land

3 Policy and Management Act of 1976. The appraisal

4 reports shall be written to Federal standards as de5 fined in the Uniform Appraisal Standards for Fed6 eral Land Acquisitions. If, due to size, location, or

7 use of lands exchanged under this section, the values

8 are not exactly equal, they shall be equalized by the

9 payment of cash equalization money to the Secretary

10 or the Sun Valley Company as appropriate in ac11 cordance with section 206(b) of the Federal Land

12 Policy and Management Act of 1976 (43 U.S.C.

13 1716(b)). In order to expedite the consummation of

14 the exchange directed by this section, the Sun Valley

15 Company shall arrange and pay for appraisals of the

16 offered and selected lands by a qualified appraiser

17 with experience in appraising similar properties and

18 who is mutually acceptable to the Sun Valley Com19 pany and the Secretary. The appraisal of the Fed20 eral selected lands shall be completed and submitted

21 to the Secretary for technical review and approval no

22 later than 120 days after the date of enactment of

23 this Act, and the Secretary shall make a determina24 tion of value not later than 30 days after receipt of

25 the appraisal. In the event the Secretary and the
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1 Sun Valley Company are unable to agree to the ap2 praised value of a certain tract or tracts of land, the

3 appraisal, appraisals, or appraisal issues in dispute

4 and a final determination of value shall be resolved

5 through a process of bargaining or submission to ar6 bitration in accordance with section 206(d) of the

7 Federal Land Policy and Management Act of 1976

8 (43 U.S.C. 1716(d)).

9 (B) In order to expedite the appraisal of the

10 Federal selected lands, such appraisal shall—

11 (i) value the land in its unimproved state,

12 as a single entity for its highest and best use

13 as if in private ownership and as of the date of

14 enactment of this Act;

15 (ii) consider the Federal lands as an inde16 pendent property as though in the private mar17 ketplace and suitable for development to its

18 highest and best use;

19 (iii) consider in the appraisal any encum20 brance on the title anticipated to be in the con21 veyance to Sun Valley Company and reflect its

22 effect on the fair market value of the property;

23 and

24 (iv) not reflect any enhancement in value

25 to the Federal selected lands based on the exist-
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1 ence of private lands owned by the Sun Valley

2 Company in the vicinity of the Snowbasin Ski

3 Resort, and shall assume that private lands

4 owned by the Sun Valley Company are not

5 available for use in conjunction with the Fed6 eral selected lands.

7 (d) GENERAL PROVISIONS RELATING TO THE EX8 CHANGE.—

9 (1) IN GENERAL.—The exchange authorized by

10 this section shall be subject to the following terms

11 and conditions:

12 (A) RESERVED RIGHTS-OF-WAY.—In any

13 deed issued pursuant to subsection (c)(1), the

14 Secretary shall reserve in the United States a

15 right of reasonable access across the conveyed

16 property for public access and for administra17 tive purposes of the United States necessary to

18 manage adjacent federally-owned lands. The

19 terms of such reservation shall be prescribed by

20 the Secretary within 30 days after the date of

21 the enactment of this Act.

22 (B) RIGHT OF RESCISSION.—This section

23 shall not be binding on either the United States

24 or the Sun Valley Company if, within 30 days

25 after the final determination of value of the
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1 Federal selected lands, the Sun Valley Company

2 submits to the Secretary a duly authorized and

3 executed resolution of the Company stating its

4 intention not to enter into the exchange author5 ized by this section.

6 (2) WITHDRAWAL.—Subject to valid existing

7 rights, effective on the date of enactment of this Act,

8 the Federal selected lands described in subsection

9 (c)(1) and all National Forest System lands cur10 rently under special use permit to the Sun Valley

11 Company at the Snowbasin Ski Resort are hereby

12 withdrawn from all forms of appropriation under the

13 public land laws (including the mining laws) and

14 from disposition under all laws pertaining to mineral

15 and geothermal leasing.

16 (3) DEED.—The conveyance of the offered

17 lands to the United States under this section shall

18 be by general warranty or other deed acceptable to

19 the Secretary and in conformity with applicable title

20 standards of the Attorney General of the United

21 States.

22 (4) STATUS OF LANDS.—Upon acceptance of

23 title by the Secretary, the land conveyed to the Unit24 ed States pursuant to this section shall become part

25 of the Wasatch or Cache National Forests as appro-
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1 priate, and the boundaries of such National Forests

2 shall be adjusted to encompass such lands. Once

3 conveyed, such lands shall be managed in accordance

4 with the Act of March 1, 1911, as amended (com5 monly known as the ‘‘Weeks Act’’), and in accord6 ance with the other laws, rules and regulations ap7 plicable to National Forest System lands. This para8 graph does not limit the Secretary’s authority to ad9 just the boundaries pursuant to section 11 of the

10 Act of March 1, 1911 (‘‘Weeks Act’’). For the pur11 poses of section 7 of the Land and Water Conserva12 tion Fund Act of 1965 (16 U.S.C. 4601–9), the

13 boundaries of the Wasatch and Cache National For14 ests, as adjusted by this section, shall be considered

15 to be boundaries of the forests as of January 1,

16 1965.

17 (e) PHASE FACILITY CONSTRUCTION AND OPER18 ATION.—

19 (1) PHASE I FACILITY FINDING AND REVIEW.—

20 (A) The Congress has reviewed the Snowbasin Ski

21 Area Master Development Plan dated October 1995

22 (hereinafter in this subsection referred to as the

23 ‘‘Master Plan’’). On the basis of such review, and re24 view of previously completed environmental and

25 other resource studies for the Snowbasin Ski Area,
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1 Congress hereby finds that the ‘‘Phase I’’ facilities

2 referred to in the Master Plan to be located on Na3 tional Forest System land after consummation of the

4 land exchange directed by this section are limited in

5 size and scope, are reasonable and necessary to ac6 commodate the 2002 Olympics, and in some cases

7 are required to provide for the safety of skiing com8 petitors and spectators.

9 (B) Within 60 days after the date of enactment

10 of this Act, the Secretary and the Sun Valley Com11 pany shall review the Master Plan insofar as such

12 plan pertains to Phase I facilities which are to be

13 constructed and operated wholly or partially on Na14 tional Forest System lands retained by the Secretary

15 after consummation of the land exchange directed by

16 this section. The Secretary may modify such Phase

17 I facilities upon mutual agreement with the Sun Val18 ley Company or by imposing conditions pursuant to

19 paragraph (2) of this subsection.

20 (C) Within 90 days after the date of enactment

21 of this Act, the Secretary shall submit the reviewed

22 Master Plan on the Phase I facilities, including any

23 modifications made thereto pursuant to subpara24 graph (B), to the Committee on Energy and Natural

25 Resources of the United States Senate and the Com-
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1 mittee on Resources of the United States House of

2 Representatives for a 30-day review period. At the

3 end of the 30-day period, unless otherwise directed

4 by Act of Congress, the Secretary may issue all nec5 essary authorizations for construction and operation

6 of such facilities or modifications thereof in accord7 ance with the procedures and provisions of para8 graph (2) of this subsection.

9 (2) PHASE I FACILITY APPROVAL, CONDITIONS,

10 AND TIMETABLE.—Within 120 days of receipt of an

11 application by the Sun Valley Company to authorize

12 construction and operation of any particular Phase

13 I facility, facilities, or group of facilities, the Sec14 retary, in consultation with the Sun Valley Com15 pany, shall authorize construction and operation of

16 such facility, facilities, or group of facilities, subject

17 to the general policies of the Forest Service pertain18 ing to the construction and operation of ski area fa19 cilities on National Forest System lands and subject

20 to reasonable conditions to protect National Forest

21 System resources. In providing authorization to con22 struct and operate a facility, facilities, or group of

23 facilities, the Secretary may not impose any condi24 tion that would significantly change the location,
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1 size, or scope of the applied for Phase I facility un2 less—

3 (A) the modification is mutually agreed to

4 by the Secretary and the Sun Valley Company;

5 or

6 (B) the modification is necessary to protect

7 health and safety.

8 Nothing in this subsection shall be construed to af9 fect the Secretary’s responsibility to monitor and as10 sure compliance with the conditions set forth in the

11 construction and operation authorization.

12 (3) CONGRESSIONAL DIRECTIONS.—Notwith13 standing any other provision of law, Congress finds

14 that consummation of the land exchange directed by

15 this section and all determinations, authorizations,

16 and actions taken by the Secretary pursuant to this

17 section pertaining to Phase I facilities on National

18 Forest System lands, or any modifications thereof,

19 to be nondiscretionary actions authorized and di20 rected by Congress and hence to comply with all pro21 cedural and other requirements of the laws of the

22 United States. Such determinations, authorizations,

23 and actions shall not be subject to administrative or

24 judicial review.
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1 (f) NO PRECEDENT.—Nothing in subsection

2 (c)(4)(B) of this section relating to conditions or limita3 tions on the appraisal of the Federal lands, or any provi4 sion of subsection (e), relating to the approval by the Con5 gress or the Forest Service of facilities on National Forest

6 System lands, shall be construed as a precedent for subse7 quent legislation.

8 TITLE II—STERLING FOREST

9 SEC. 201. FUNDING FOR PALISADES INTERSTATE PARK

10 COMMISSION.

11 The Secretary of the Interior is authorized to provide

12 funding to the Palisades Interstate Park Commission to

13 be used for the acquisition of lands and interests in lands

14 within the area generally depicted on the map entitled

15 ‘‘Boundary Map, Sterling Forest Reserve’’, numbered

16 SFR–60,001 and dated July 1, 1994. There are author17 ized to be appropriated for purposes of this section not

18 more than $17,500,000. No funds made available under

19 this section may be used for the acquisition of any lands

20 or interest in lands without the consent of the owner there21 of.

22 SEC. 202. LAND EXCHANGE.

23 The Secretary of the Interior is authorized to ex24 change unreserved unappropriated Federal lands under

25 the administrative jurisdiction of the Secretary for the
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1 lands comprising approximately 2,220 acres depicted on

2 the map entitled ‘‘Sterling Forest, Proposed Sale of Ster3 ling Forest Lands’’ and dated July 25, 1996. The Sec4 retary shall consult with the Governor of any State in

5 which such unreserved unappropriated lands are located

6 prior to carrying out such exchange. The lands acquired

7 by the Secretary under this section shall be transferred

8 to the Palisades Interstate Park Commission to be in9 cluded within the Sterling Forest Reserve. The lands ex10 changed under this section shall be of equal value, as de11 termined by the Secretary utilizing nationally recognized

12 appraisal standards. The authority to exchange lands

13 under this section shall expire on the date 18 months after

14 the date of enactment of this Act.

15 TITLE III—ANAKTUVUK PASS

16 LAND EXCHANGE AND WIL17 DERNESS REDESIGNATION

18 SEC. 301. ANAKTUVUK PASS LAND EXCHANGE.

19 (a) FINDINGS.—The Congress makes the following

20 findings:

21 (1) The Alaska National Interest Lands Con22 servation Act (94 Stat. 2371), enacted on December

23 2, 1980, established Gates of the Arctic National

24 Park and Preserve and Gates of the Arctic Wilder25 ness. The village of Anaktuvuk Pass, located in the
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1 highlands of the central Brooks Range, is virtually

2 surrounded by these national park and wilderness

3 lands and is the only Native village located within

4 the boundary of a National Park System unit in

5 Alaska.

6 (2) Unlike most other Alaskan Native commu7 nities, the village of Anaktuvuk Pass is not located

8 on a major river, lake, or coastline that can be used

9 as a means of access. The residents of Anaktuvuk

10 Pass have relied increasingly on snow machines in

11 winter and all-terrain vehicles in summer as their

12 primary means of access to pursue caribou and

13 other subsistence resources.

14 (3) In a 1983 land exchange agreement, linear

15 easements were reserved by the Inupiat Eskimo peo16 ple for use of all-terrain vehicles across certain na17 tional park lands, mostly along stream and river

18 banks. These linear easements proved unsatisfactory,

19 because they provided inadequate access to subsist20 ence resources while causing excessive environmental

21 impact from concentrated use.

22 (4) The National Park Service and the

23 Nunamiut Corporation initiated discussions in 1985

24 to address concerns over the use of all-terrain vehi25 cles on park and wilderness land. These discussions
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1 resulted in an agreement, originally executed in

2 1992 and thereafter amended in 1993 and 1994,

3 among the National Park Service, Nunamiut Cor4 poration, the City of Anaktuvuk Pass, and Arctic

5 Slope Regional Corporation. Full effectuation of this

6 agreement, as amended, by its terms requires ratifi7 cation by the Congress.

8 (b) RATIFICATION OF AGREEMENT.—

9 (1) RATIFICATION.—

10 (A) IN GENERAL.—The terms, conditions,

11 procedures, covenants, reservations and other

12 provisions set forth in the document entitled

13 ‘‘Donation, Exchange of Lands and Interests in

14 Lands and Wilderness Redesignation Agree15 ment Among Arctic Slope Regional Corpora16 tion, Nunamiut Corporation, City of Anaktuvuk

17 Pass and the United States of America’’ (here18 inafter referred to in this section as ‘‘the Agree19 ment’’), executed by the parties on December

20 17, 1992, as amended, are hereby incorporated

21 in this title, are ratified and confirmed, and set

22 forth the obligations and commitments of the

23 United States, Arctic Slope Regional Corpora24 tion, Nunamiut Corporation and the City of

25 Anaktuvuk Pass, as a matter of Federal law.
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1 (B) LAND ACQUISITION.—Lands acquired

2 by the United States pursuant to the Agree3 ment shall be administered by the Secretary of

4 the Interior (hereinafter referred to as the

5 ‘‘Secretary’’) as part of Gates of the Arctic Na6 tional Park and Preserve, subject to the laws

7 and regulations applicable thereto.

8 (2) MAPS.—The maps set forth as Exhibits C1,

9 C2, and D through I to the Agreement depict the

10 lands subject to the conveyances, retention of sur11 face access rights, access easements and all-terrain

12 vehicle easements. These lands are depicted in great13 er detail on a map entitled ‘‘Land Exchange Actions,

14 Proposed Anaktuvuk Pass Land Exchange and Wil15 derness Redesignation, Gates of the Arctic National

16 Park and Preserve’’, Map No. 185/80,039, dated

17 April 1994, and on file at the Alaska Regional Office

18 of the National Park Service and the offices of

19 Gates of the Arctic National Park and Preserve in

20 Fairbanks, Alaska. Written legal descriptions of

21 these lands shall be prepared and made available in

22 the above offices. In case of any discrepancies, Map

23 No. 185/80,039 shall be controlling.

24 (c) NATIONAL PARK SYSTEM WILDERNESS.—

25 (1) GATES OF THE ARCTIC WILDERNESS.—
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1 (A) REDESIGNATION.—Section 701(2) of

2 the Alaska National Interest Lands Conserva3 tion Act (94 Stat. 2371, 2417) establishing the

4 Gates of the Arctic Wilderness is hereby

5 amended with the addition of approximately

6 56,825 acres as wilderness and the rescission of

7 approximately 73,993 acres as wilderness, thus

8 revising the Gates of the Arctic Wilderness to

9 approximately 7,034,832 acres.

10 (B) MAP.—The lands redesignated by sub11 paragraph (A) are depicted on a map entitled

12 ‘‘Wilderness Actions, Proposed Anaktuvuk Pass

13 Land Exchange and Wilderness Redesignation,

14 Gates of the Arctic National Park and Pre15 serve’’, Map No. 185/80,040, dated April 1994,

16 and on file at the Alaska Regional Office of the

17 National Park Service and the office of Gates

18 of the Arctic National Park and Preserve in

19 Fairbanks, Alaska.

20 (2) NOATAK NATIONAL PRESERVE.—Section

21 201(8)(a) of the Alaska National Interest Land

22 Conservation Act (94 Stat. 2380) is amended by—

23 (A) striking ‘‘approximately six million

24 four hundred and sixty thousand acres’’ and in-
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1 serting in lieu thereof ‘‘approximately

2 6,477,168 acres’’; and

3 (B) inserting ‘‘and the map entitled

4 ‘‘Noatak National Preserve and Noatak Wilder5 ness Addition’’ dated September 1994’’ after

6 ‘‘July 1980’’.

7 (3) NOATAK WILDERNESS.—Section 701(7) of

8 the Alaska National Interest Lands Conservation

9 Act (94 Stat. 2417) is amended by striking ‘‘ap10 proximately five million eight hundred thousand

11 acres’’ and inserting in lieu thereof ‘‘approximately

12 5,817,168 acres’’.

13 (d) CONFORMANCE WITH OTHER LAW.—

14 (1) ALASKA NATIVE CLAIMS SETTLEMENT

15 ACT.—All of the lands, or interests therein, conveyed

16 to and received by Arctic Slope Regional Corporation

17 or Nunamiut Corporation pursuant to the Agree18 ment shall be deemed conveyed and received pursu19 ant to exchanges under section 22(f) of the Alaska

20 Native Claims Settlement Act, as amended (43

21 U.S.C. 1601, 1621(f)). All of the lands or interests

22 in lands conveyed pursuant to the Agreement shall

23 be conveyed subject to valid existing rights.

24 (2) ALASKA NATIONAL INTEREST LANDS CON25 SERVATION ACT.—Except to the extent specifically
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1 set forth in this section or the Agreement, nothing

2 in this section or in the Agreement shall be con3 strued to enlarge or diminish the rights, privileges,

4 or obligations of any person, including specifically

5 the preference for subsistence uses and access to

6 subsistence resources provided under the Alaska Na7 tional Interest Lands Conservation Act (16 U.S.C.

8 3101 et seq.).

9 SEC. 302. ALASKA PENINSULA SUBSURFACE CONSOLIDA10 TION.

11 (a) DEFINITIONS.—As used in this section:

12 (1) AGENCY.—The term agency—

13 (A) means any instrumentality of the Unit14 ed States, and any Government corporation (as

15 defined in section 9101(1) of title 31, United

16 States Code); and

17 (B) includes any element of an agency.

18 (2) ALASKA NATIVE CORPORATION.—The term

19 ‘‘Alaska Native Corporation’’ has the same meaning

20 as is provided for ‘‘Native Corporation’’ in section

21 3(m) of the Alaska Native Claims Settlement Act

22 (43 U.S.C. 1602(m)).

23 (3) FEDERAL LANDS OR INTEREST THEREIN.—

24 The term ‘‘Federal lands or interests therein’’

25 means any lands or properties owned by the United
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1 States (A) which are administered by the Secretary,

2 or (B) which are subject to a lease to third parties,

3 or (C) which have been made available to the Sec4 retary for exchange under this section through the

5 concurrence of the director of the agency administer6 ing such lands or properties: Provided however, That

7 excluded from such lands shall be those lands which

8 are within an existing conservation system unit as

9 defined in section 102(4) of the Alaska National In10 terest Lands Conservation Act (16 U.S.C. 3102(4)),

11 and those lands the mineral interest for which are

12 currently under mineral lease.

13 (4) KONIAG.—The term ‘‘Koniag’’ means

14 Koniag, Incorporated, which is a regional Corpora15 tion.

16 (5) REGIONAL CORPORATION.—The term ‘‘Re17 gional Corporation’’ has the same meaning as is pro18 vided in section 3(g) of the Alaska Native Claims

19 Settlement Act (43 U.S.C. 1602(g)).

20 (6) SECRETARY.—Except as otherwise provided,

21 the term ‘‘Secretary’’ means the Secretary of the In22 terior.

23 (7) SELECTION RIGHTS.—The term ‘‘selection

24 rights’’ means those rights granted to Koniag, and

25 confirmed as valid selections (within Koniag’s enti-
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1 tlement) pursuant to subsections (a) and (b) of sec2 tion 12, and section 14(h)(8), of the Alaska Native

3 Claims Settlement Act (43 U.S.C. 1611 and

4 1613(h)(8)), to receive title to the oil and gas rights

5 and other interests in the subsurface estate of the

6 approximately 275,000 acres of public lands in the

7 State of Alaska identified as ‘‘Koniag Selections’’ on

8 the map entitled ‘‘Koniag Interest Lands, Alaska

9 Peninsula’’, dated May 1989.

10 (b) VALUATION OF KONIAG SELECTION RIGHTS.—

11 (1) IN GENERAL.—Pursuant to paragraph (2)

12 of this subsection, the Secretary shall value the Se13 lection Rights which Koniag possesses within the

14 boundaries of Aniakchak National Monument and

15 Preserve, Alaska Peninsula National Wildlife Ref16 uge, and Becharof National Wildlife Refuge.

17 (2) VALUE.—

18 (A) IN GENERAL.—The value of the selec19 tion rights shall be equal to the fair market

20 value of—

21 (i) the oil and gas interests in the

22 lands or interests in lands that are the

23 subject of the selection rights; and

24 (ii) in the case of the lands or inter25 ests in lands for which Koniag is to receive
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1 the entire subsurface estate, the subsurface

2 estate of the lands or interests in lands

3 that are the subject of the selection rights.

4 (B) APPRAISAL.—

5 (i) SELECTION OF APPRAISER.—

6 (I) IN GENERAL.—Not later than

7 90 days after the date of enactment of

8 this section the Secretary and Koniag

9 shall meet to select a qualified ap10 praiser to conduct an appraisal of the

11 selection rights. Subject to subclause

12 (II), the appraiser shall be selected by

13 the mutual agreement of the Sec14 retary and Koniag.

15 (II) FAILURE TO AGREE.—If the

16 Secretary and Koniag fail to agree on

17 an appraiser by the date that is 60

18 days after the date of the initial meet19 ing referred to in subclause (I), the

20 Secretary and Koniag shall, by the

21 date that is not later than 90 days

22 after the date of the initial meeting,

23 each designate an appraiser who is

24 qualified to perform the appraisal.

25 The 2 appraisers so identified shall
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1 select a third qualified appraiser who

2 shall perform the appraisal.

3 (ii) STANDARDS AND METHODOL4 OGY.—The appraisal shall be conducted in

5 conformity with the standards of the Ap6 praisal Foundation (as defined in section

7 1121(9) of the Financial Institutions Re8 form, Recovery, and Enforcement Act of

9 1989 (12 U.S.C. 3350(9)).

10 (iii) SUBMISSION OF APPRAISAL RE11 PORT.—Not later than 180 days after the

12 selection of an appraiser pursuant to

13 clause (i), the appraiser shall submit to the

14 Secretary and to Koniag a written ap15 praisal report specifying the value of the

16 selection rights and the methodology used

17 to arrive at the value.

18 (C) DETERMINATION OF VALUE.—

19 (i) DETERMINATION BY THE SEC20 RETARY.—Not later than 60 days after the

21 date of the receipt of the appraisal report

22 under subparagraph (B)(iii), the Secretary

23 shall determine the value of the selection

24 rights and shall notify Koniag of the deter25 mination.
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HR 3907 RDS

1 (ii) ALTERNATIVE DETERMINATION

2 OF VALUE.—

3 (I) IN GENERAL.—Subject to

4 subclause (II), if Koniag does not

5 agree with the value determined by

6 the Secretary under clause (i), the

7 procedures specified in section 206(d)

8 of the Federal Land Policy and Man9 agement Act of 1976 (43 U.S.C. 1716

10 (d)) shall be used to establish the

11 value.

12 (II) AVERAGE VALUE LIMITA13 TION.—The average value per acre of

14 the selection rights shall not be less

15 than the value utilizing the risk ad16 justed discount cash flow methodol17 ogy, but in no event may exceed $300.

18 (c) KONIAG ACCOUNT.—

19 (1) IN GENERAL.—(A) The Secretary shall

20 enter into negotiations for an agreement or agree21 ments to exchange Federal lands or interests therein

22 which are in the State of Alaska for the Selection

23 Rights.

24 (B) If the value of the Federal property to be

25 exchanged is less than the value of the Selection
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HR 3907 RDS

1 Rights established in subsection (b), and if such

2 Federal property to be exchanged is not generating

3 receipts to the Federal Government in excess of

4 $1,000,000 per year, then the Secretary may ex5 change the Federal property for that portion of the

6 Selection Rights having a value equal to that of the

7 Federal property. The remaining selection rights

8 shall remain available for additional exchanges.

9 (C) For the purposes of any exchange to be

10 consummated under this section, if less than all the

11 selection rights are being exchanged, then the value

12 of the selection rights being exchanged shall be equal

13 to the number of acres of selection rights being ex14 changed multiplied by a fraction, the numerator of

15 which is the value of all the selection rights as deter16 mined pursuant to subsection (b) hereof and the de17 nominator of which is the total number of acres of

18 selection rights.

19 (2) ADDITIONAL EXCHANGES.—If, after 10

20 years from the date of the enactment of this section,

21 the Secretary was unable to conclude such exchanges

22 as may be required to acquire all of the selection

23 rights, he shall conclude exchanges for the remaining

24 selection rights for such Federal property as may be

25 identified by Koniag, which property is available for
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HR 3907 RDS

1 transfer to the administrative jurisdiction of the Sec2 retary under any provision of law and which prop3 erty, at the time of the proposed transfer to Koniag

4 is not generating receipts to the Federal Govern5 ment in excess of $1,000,000 per year. The Sec6 retary shall keep Koniag advised in a timely manner

7 as to which properties may be available for such

8 transfer. Upon receipt of such identification by

9 Koniag, the Secretary shall request in a timely man10 ner the transfer of such identified property to the

11 administrative jurisdiction of the Department of the

12 Interior. Such property shall not be subject to the

13 geographic limitations of section 206(b) of the Fed14 eral Land Policy and Management Act and may be

15 retained by the Secretary solely for purposes of

16 transferring it to Koniag to complete the exchange.

17 Should the value of the property so identified by

18 Koniag be in excess of the value of the remaining se19 lection rights, then Koniag shall have the option of

20 (A) declining to proceed with the exchange and iden21 tifying other property, or (B) paying the difference

22 in value between the property rights.

23 (3) REVENUES.—Any property received by

24 Koniag in an exchange entered into pursuant to

25 paragraph (1) or (2) shall be deemed to be an inter-
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1 est in the subsurface for purposes of section 7(i) of

2 the Alaska Native Claims Settlement Act (43 U.S.C.

3 1601 et seq.): Provided however, That should Koniag

4 make a payment to equalize the value in any such

5 exchange, then Koniag will be deemed to hold an un6 divided interest in the property equal in value to

7 such payment which interest shall not be subject to

8 the provisions of section 7(i) of that Act.

9 (d) AUTHORITY TO APPOINT AND REMOVE TRUST10 EE.—In establishing a Settlement Trust under section 39

11 of the Alaska Native Claims Settlement Act (43 U.S.C.

12 1629c), Koniag may delegate, in whole or in part, the au13 thority granted to Koniag under subsection (b)(2) of such

14 section to any entity that Koniag may select without af15 fecting the status of the trust as a Settlement Trust under

16 such section.

Passed the House of Representatives July 30, 1996.

Attest: ROBIN H. CARLE,

Clerk.