IIA

104TH CONGRESS

2D SESSION H. R. 401

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 5, 1996

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

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 Amendments of 1996’’.
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1 SEC. 2. FINDINGS AND PURPOSE.

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

3 (1) The United States Fish and Wildlife Service

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

5 transfers of certain land rights, in and near the

6 Kenai National Wildlife Refuge, negotiated as di7 rected by Public Law 102–458.

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

9 within the area impacted by the Exxon Valdez oil

10 spill of 1989, and these lands included important

11 habitat for various species of fish and wildlife for

12 which significant injury resulting from the spill has

13 been documented through the EVOS Trustee Coun14 cil restoration process. This analysis has indicated

15 that these lands generally have value for the restora16 tion of such injured natural resources as pink salm17 on, dolly varden, bald eagles, river otters, and cul18 tural and archaeological resources. This analysis has

19 also indicated that these lands generally have high

20 value for the restoration of injured species that rely

21 on these natural resources, including wilderness

22 quality, recreation, tourism, and subsistence.

23 (3) Restoration of the injured species will bene24 fit from acquisition and the prevention of disturb25 ances which may adversely affect their recovery.
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1 (4) It is in the public interest to complete the

2 conveyances provided for in this Act.

3 (b) PURPOSE.—The purpose of this Act is to author4 ize and direct the Secretary, at the election of KNA, to

5 complete the conveyances provided for in this Act.

6 SEC. 3. DEFINITIONS.

7 For purposes of this Act, the term—

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

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

10 (2) ‘‘ANILCA’’ means the Alaska National In11 terest Lands Conservation Act (Public Law 96–487;

12 94 Stat. 2371 et seq.);

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

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

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

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

17 a Native Regional Corporation incorporated in the

18 State of Alaska pursuant to the terms of ANCSA;

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

20 (6) ‘‘KNA’’ means the Kenai Natives Associa21 tion, Inc., an urban corporation incorporated in the

22 State of Alaska pursuant to the terms of ANCSA;

23 (7) ‘‘lands’’ means any lands, waters, or inter24 ests therein;
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1 (8) ‘‘Refuge’’ means the Kenai National Wild2 life Refuge;

3 (9) ‘‘Secretary’’ means the Secretary of the In4 terior;

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

6 and Wildlife Service; and

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

8 and Conditions for Land Consolidation and Manage9 ment in the Cook Inlet Area, as clarified on August

10 31, 1976, ratified by section 12 of Public Law 94–

11 204 (43 U.S.C. 1611 note).

12 SEC. 4. ACQUISITION OF LANDS.

13 (a) OFFER TO KNA.—

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

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

16 than 90 days after the date of enactment of this

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

18 interests in land and rights set forth in subsection

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

20 the conveyance by KNA to the United States of the

21 interests in land or relinquishment of ANCSA selec22 tions set forth in subsection (b)(1). Payment for the

23 lands conveyed to the United States by KNA is con24 tingent upon KNA’s acceptance of the entire convey25 ance outlined herein.
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1 (2) LIMITATION.—The Secretary may not con2 vey any lands or make payment to KNA under this

3 section unless title to the lands to be conveyed by

4 KNA under this Act has been found by the United

5 States to be sufficient in accordance with the provi6 sions of section 355 of the Revised Statutes (40

7 U.S.C. 255).

8 (b) ACQUISITION LANDS.—

9 (1) LANDS TO BE CONVEYED TO THE UNITED

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

11 United States, or the valid selection rights under

12 ANCSA to be relinquished, all situated within the

13 boundary of the Refuge, are the following:

14 (A) The conveyance of approximately 803

15 acres located along and on islands within the

16 Kenai River, known as the Stephanka Tract.

17 (B) The conveyance of approximately

18 1,243 acres located along the Moose River,

19 known as the Moose River Patented Lands

20 Tract.

21 (C) The relinquishment of KNA’s selection

22 known as the Moose River Selected Tract, con23 taining approximately 753 acres located along

24 the Moose River.
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1 (D) The relinquishment of KNA’s remain2 ing ANCSA entitlement of approximately 454

3 acres.

4 (E) The relinquishment of all KNA’s re5 maining overselections. Upon completion of all

6 relinquishments outlined above, all KNA’s enti7 tlement shall be deemed to be extinguished and

8 the completion of this acquisition will satisfy all

9 of KNA’s ANCSA entitlement.

10 (F) The conveyance of an access easement

11 providing the United States and its assigns access across KNA’s surface estate in the SW1 12 ⁄4

13 of section 21, T. 6 N., R. 9 W., Seward Merid14 ian, Alaska.

15 (G) The conveyance of approximately 100

16 acres within the Beaver Creek Patented Tract,

17 which is contiguous to lands being retained by

18 the United States contiguous to the Beaver

19 Creek Patented Tract, in exchange for 280

20 acres of Service lands currently situated within

21 the Beaver Creek Selected Tract.

22 (2) LANDS TO BE CONVEYED TO KNA.—The

23 rights provided or lands to be conveyed by the Unit24 ed States to KNA, are the following:
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1 (A) The surface and subsurface estate to

2 approximately 5 acres, subject to reservations

3 of easements for existing roads and utilities, lo4 cated within the city of Kenai, Alaska, identi5 fied as United States Survey 1435, withdrawn

6 by Executive Order 2934, and known as the old

7 Fish and Wildlife Service Headquarters site.

8 (B) The remaining subsurface estate held

9 by the United States to approximately 13,811

10 acres, including portions of the Beaver Creek

11 Patented Tract, the Beaver Creek Selected

12 Tract, and portions of the Swanson River Road

13 West Tract and the Swanson River Road East

14 Tract, where the surface was previously or will

15 be conveyed to KNA pursuant to this Act. The

16 conveyance of these subsurface interests will be

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

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

19 and assigns would have under paragraph 1(B)

20 of the Terms and Conditions, including the

21 right to sand and gravel, to construct facilities,

22 to have rights-of-way, and to otherwise develop

23 its subsurface interests.

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

25 and gravel which is reasonably necessary for on-
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1 site development without compensation or per2 mit on those portions of the Swanson River

3 Road East Tract, comprising approximately

4 1,738.04 acres; where the entire subsurface of

5 the land is presently owned by the United

6 States. The United States shall retain the own7 ership of all other sand and gravel located with8 in the subsurface and KNA shall not sell or dis9 pose of such sand and gravel.

10 (ii) The right to excavate within the sub11 surface estate as reasonably necessary for

12 structures, utilities, transportation systems, and

13 other development of the surface estate.

14 (D) The nonexclusive right to excavate

15 within the subsurface estate as reasonably nec16 essary for structures, utilities, transportation

17 systems, and other development of the surface

estate on the SW1 18 ⁄4, section 21, T. 6 N., R. 9

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

20 subsurface of the land is owned by the United

21 States and which public lands shall continue to

22 be withdrawn from mining following their re23 moval from the Refuge boundary under sub24 section (c)(1)(B). The United States shall re-
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1 tain the ownership of all other sand and gravel

2 located within the subsurface of this parcel.

3 (E) The surface estate of approximately

4 280 acres known as the Beaver Creek Selected

5 Tract. This tract shall be conveyed to KNA in

6 exchange for lands conveyed to the United

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

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

9 a total cash payment to KNA for the above-de10 scribed lands of $4,443,000, contingent upon the ap11 propriate approvals of the Federal or State of Alas12 ka EVOS Trustees (or both) necessary for any ex13 penditure of the EVOS settlement funds.

14 (4) NATIONAL REGISTER OF HISTORIC

15 PLACES.—Upon completion of the acquisition au16 thorized in subsection (a), the Secretary shall, at no

17 cost to KNA, in coordination with KNA, promptly

18 undertake to nominate the Stephanka Tract to the

19 National Register of Historic Places, in recognition

20 of the archaeological artifacts from the original

21 Dena’ina Settlement. If the Department of the Inte22 rior establishes a historical, cultural, or archaeologi23 cal interpretive site, KNA shall have the exclusive

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

25 Stephanka Tract under the regulations and policies
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1 of the department. If KNA declines to operate such

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

3 authorities. Prior to the department undertaking

4 any archaeological activities whatsoever on the

5 Stephanka Tract, KNA shall be consulted.

6 (c) GENERAL PROVISIONS.—

7 (1) REMOVAL OF KNA LANDS FROM THE NA8 TIONAL WILDLIFE REFUGE SYSTEM.—

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

10 Acquisition Lands identified in subsection

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

12 KNA pursuant to this Act, and the subsurface

13 interests of CIRI underlying such lands shall be

14 automatically removed from the National Wild15 life Refuge System and shall neither be consid16 ered as part of the Refuge nor subject to any

17 laws pertaining solely to lands within the

18 boundaries of the Refuge. The conveyance re19 strictions imposed by section 22(g) of ANCSA

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

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

22 shall not be applicable to the interests received

23 by KNA in accordance with subsection (b)(2) or

24 to the CIRI interests underlying them. The Sec25 retary shall adjust the boundaries of the Refuge
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1 so as to exclude all interests in lands retained

2 or received in exchange by KNA in accordance

3 with this Act, including both surface and sub4 surface, and shall also exclude all interests cur5 rently held by CIRI. On lands within the Swan6 son River Road East Tract, the boundary ad7 justment shall only include the surface estate

8 where the subsurface estate is retained by the

9 United States.

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

11 shall execute an agreement within 45 days of

12 the date of enactment of this Act which pre13 serves CIRI’s rights under paragraph 1(B)(1)

14 of the Terms and Conditions, addresses CIRI’s

15 obligations under such paragraph, and ade16 quately addresses management issues associated

17 with the boundary adjustment set forth in this

18 Act and with the differing interests in land re19 sulting from enactment of this Act.

20 (ii) In the event that no agreement is exe21 cuted as provided for in clause (i), solely for the

22 purposes of administering CIRI’s rights under

23 paragraph 1(B)(1) of the Terms and Condi24 tions, the Secretary and CIRI shall be deemed

25 to have retained their respective rights and obli-
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1 gations with respect to CIRI’s subsurface inter2 ests under the requirements of the Terms and

3 Conditions in effect on June 18, 1996. Notwith4 standing the boundary adjustments made pur5 suant to this Act, conveyances to KNA shall be

6 deemed to remain subject to the Secretary’s

7 and CIRI’s rights and obligations under para8 graph 1(B)(1) of the Terms and Conditions.

9 (C) The Secretary is authorized to acquire

10 by purchase or exchange, on a willing seller

11 basis only, any lands retained by or conveyed to

12 KNA. In the event that any lands owned by

13 KNA are subsequently acquired by the United

14 States, they shall be automatically included in

15 the Refuge System. The laws and regulations

16 applicable to Refuge lands shall then apply to

17 these lands and the Secretary shall then adjust

18 the boundaries accordingly.

19 (D) Nothing in this Act is intended to en20 large or diminish the authorities, rights, duties,

21 obligations, or the property rights held by CIRI

22 under the Terms and Conditions, or otherwise

23 except as set forth in this Act. In the event of

24 the purchase by the United States of any lands

25 from KNA in accordance with paragraph
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1 (1)(B), the United States shall reassume from

2 KNA the rights it previously held under the

3 Terms and Conditions and the provisions in any

4 patent implementing section 22(g) of ANCSA

5 will again apply.

6 (E) By virtue of implementation of this

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

8 in-lieu subsurface entitlement under section

9 12(a)(1) of ANCSA. Such entitlement shall be

10 fulfilled in accordance with paragraph

11 1(B)(2)(A) of the Terms and Conditions.

12 (2) MAPS AND LEGAL DESCRIPTIONS.—Maps

13 and a legal description of the lands described above

14 shall be on file and available for public inspection in

15 the appropriate offices of the United States Depart16 ment of the Interior, and the Secretary shall, no

17 later than 90 days after enactment of this Act, pre18 pare a legal description of the lands described in

19 subsection (b)(1)(G). Such maps and legal descrip20 tion shall have the same force and effect as if in21 cluded in the Act, except that the Secretary may

22 correct clerical and typographical errors.

23 (3) ACCEPTANCE.—KNA may accept the offer

24 made in this Act by notifying the Secretary in writ25 ing of its decision within 180 days of receipt of the
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1 offer. In the event the offer is rejected, the Secretary

2 shall notify the Committee on Resources of the

3 House of Representatives and the Committee on En4 ergy and Natural Resources and the Committee on

5 Environment and Public Works of the Senate.

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

7 after the conclusion of the acquisition authorized by

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

9 report and maps accurately depicting the lands

10 transferred and conveyed pursuant to this Act and

11 the acreage and legal descriptions of such lands to

12 the Committee on Resources of the House of Rep13 resentatives and the Committee on Energy and Nat14 ural Resources and the Committee on Environment

15 and Public Works of the Senate.

16 SEC. 5. ADJUSTMENTS TO NATIONAL WILDERNESS SYSTEM.

17 Upon acquisition of lands by the United States pur18 suant to section 4(b)(1), that portion of the Stephanka

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

20 of approximately 592 acres, shall be included in and man21 aged as part of the Kenai Wilderness and such lands shall

22 be managed in accordance with the applicable provisions

23 of the Wilderness Act and ANILCA.
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1 SEC. 6. DESIGNATION OF LAKE TODATONTEN SPECIAL

2 MANAGEMENT AREA.

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

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

5 from the Refuge System, the Secretary is hereby directed

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

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

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

9 wildlife, and habitat, certain unappropriated and unre10 served public lands, totaling approximately 37,000 acres

11 adjacent to the west boundary of the Kanuti National

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

13 Special Management Area’’, as depicted on the map enti14 tled Proposed: Lake Todatonten Special Management

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

16 Bureau of Land Management.

17 (b) MANAGEMENT.—

18 (1) Such designation is subject to all valid ex19 isting rights as well as the subsistence preferences

20 provided under title VIII of ANILCA. Any lands

21 conveyed to the State of Alaska shall be removed

22 from the Lake Todatonten Special Management

23 Area.

24 (2) The Secretary may permit any additional

25 uses of the area, or grant easements, only to the ex26 tent that such use, including leasing under the min-
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1 eral leasing laws, is determined to not detract from

2 nor materially interfere with the purposes for which

3 the Special Management Area is established.

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

5 Todatonten Special Management Area Committee.

6 The membership of the Committee shall consist of

7 11 members as follows:

8 (i) Two residents each from the villages of

9 ALatna, Allakaket, Hughes, and Tanana.

10 (ii) One representative from each of Doyon

11 Corporation, the Tanana Chiefs Conference,

12 and the State of Alaska.

13 (B) Members of the Committee shall serve with14 out pay.

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

16 Todatonten Special Management Area Committee at

17 least once per year to discuss management issues

18 within Special Management Area. The BLM shall

19 not allow any new type of activity in the Special

20 Management Area without first conferring with the

21 Committee in a timely manner.

22 (c) ACCESS.—The Secretary shall allow the following:

23 (1) Private access for any purpose, including

24 economic development, to lands within the bound25 aries of the Special Management Area which are
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1 owned by third parties or are held in trust by the

2 Secretary for third parties pursuant to the Alaska

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

4 may be subject to restrictions issued by the BLM to

5 protect subsistence uses of the Special Management

6 Area.

7 (2) Existing public access across the Special

8 Management Area. Section 1110(a) of ANILCA

9 shall apply to the Special Management Area.

10 (d) SECRETARIAL ORDER AND MAPS.—The Sec11 retary shall file with the Committee on Resources of the

12 House of Representatives and the Committee on Energy

13 and Natural Resources and the Committee on Environ14 ment and Public Works of the Senate, the Secretarial

15 Order and maps setting forth the boundaries of the Area

16 within 90 days of the completion of the acquisition author17 ized by this Act. Once established, this Order may only

18 be amended or revoked by Act of Congress.

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as may be

21 necessary to carry out the purposes of this Act.

Passed the House of Representatives September 4,

1996.

Attest: ROBIN H. CARLE,

Clerk.