Calendar No. 67

104TH CONGRESS

1ST SESSION H. R. 400

[Report No. 104–44]

AN ACT

To provide for the exchange of lands within Gates

for other purposes.of the Arctic National Park and Preserve, and

APRIL 7 (legislative day, APRIL 5), 1995

Reported with an amendment
II

Calendar No. 67

104TH CONGRESS

1ST SESSION H. R. 400

[Report No. 104–44]

IN THE SENATE OF THE UNITED STATES

FEBRUARY 2 (legislative day, JANUARY 30), 1995

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

Resources

APRIL 7 (legislative day, APRIL 5), 1995

Reported by Mr. MURKOWSKI, with an amendment

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

AN ACT

To provide for the exchange of lands within Gates of the

Arctic National Park and Preserve, 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 ‘‘Anaktuvuk Pass Land

5 Exchange and Wilderness Redesignation Act of 1995’’.

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 (94 Stat. 2371), enacted on December

3 2, 1980, established Gates of the Arctic National

4 Park and Preserve and Gates of the Arctic Wilder5 ness. The village of Anaktuvuk Pass, located in the

6 highlands of the central Brooks Range, is virtually

7 surrounded by these national park and wilderness

8 lands and is the only Native village located within

9 the boundary of a National Park System unit in

10 Alaska.

11 (2) Unlike most other Alaskan Native commu12 nities, the village of Anaktuvuk Pass is not located

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

14 as a means of access. The residents of Anaktuvuk

15 Pass have relied increasingly on snow machines in

16 winter and all-terrain vehicles in summer as their

17 primary means of access to pursue caribou and

18 other subsistence resources.

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

20 easements were reserved by the Inupiat Eskimo peo21 ple for use of all-terrain vehicles across certain na22 tional park lands, mostly along stream and river

23 banks. These linear easements proved unsatisfactory,

24 because they provided inadequate access to subsist-
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1 ence resources while causing excessive environmental

2 impact from concentrated use.

3 (4) The National Park Service and the

4 Nunamiut Corporation initiated discussions in 1985

5 to address concerns over the use of all-terrain vehi6 cles on park and wilderness land. These discussions

7 resulted in an agreement, originally executed in

8 1992 and thereafter amended in 1993 and 1994,

9 among the National Park Service, Nunamiut Cor10 poration, the City of Anaktuvuk Pass, and Arctic

11 Slope Regional Corporation. Full effectuation of this

12 agreement, as amended, by its terms requires ratifi13 cation by the Congress.

14 SEC. 3. RATIFICATION OF AGREEMENT.

15 (a) RATIFICATION.—

16 (1) IN GENERAL.—The terms, conditions, pro17 cedures, covenants, reservations and other provisions

18 set forth in the document entitled ‘‘Donation, Ex19 change of Lands and Interests in Lands and Wilder20 ness Redesignation Agreement Among Arctic Slope

21 Regional Corporation, Nunamiut Corporation, City

22 of Anaktuvuk Pass and the United States of Amer23 ica’’ (hereinafter referred to in this Act as ‘‘the

24 Agreement’’), executed by the parties on December

25 17, 1992, as amended, are hereby incorporated in
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1 this Act, are ratified and confirmed, and set forth

2 the obligations and commitments of the United

3 States, Arctic Slope Regional Corporation,

4 Nunamiut Corporation and the City of Anaktuvuk

5 Pass, as a matter of Federal law.

6 (2) LAND ACQUISITION.—Lands acquired by

7 the United States pursuant to the Agreement shall

8 be administered by the Secretary of the Interior

9 (hereinafter referred to as the ‘‘Secretary’’) as part

10 of Gates of the Arctic National Park and Preserve,

11 subject to the laws and regulations applicable there12 to.

13 (b) MAPS.—The maps set forth as Exhibits C1, C2,

14 and D through I to the Agreement depict the lands subject

15 to the conveyances, retention of surface access rights, ac16 cess easements and all-terrain vehicle easements. These

17 lands are depicted in greater detail on a map entitled

18 ‘‘Land Exchange Actions, Proposed Anaktuvuk Pass Land

19 Exchange and Wilderness Redesignation, Gates of the

20 Arctic National Park and Preserve’’, Map No. 185/80,039,

21 dated April 1994, and on file at the Alaska Regional Of22 fice of the National Park Service and the offices of Gates

23 of the Arctic National Park and Preserve in Fairbanks,

24 Alaska. Written legal descriptions of these lands shall be

25 prepared and made available in the above offices. In case
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1 of any discrepancies, Map No. 185/80,039 shall be con2 trolling.

3 SEC. 4. NATIONAL PARK SYSTEM WILDERNESS.

4 (a) GATES OF THE ARCTIC WILDERNESS.—

5 (1) REDESIGNATION.—Section 701(2) of the

6 Alaska National Interest Lands Conservation Act

7 (94 Stat. 2371, 2417) establishing the Gates of the

8 Arctic Wilderness is hereby amended with the addi9 tion of approximately 56,825 acres as wilderness

10 and the rescission of approximately 73,993 acres as

11 wilderness, thus revising the Gates of the Arctic Wil12 derness to approximately 7,034,832 acres.

13 (2) MAP.—The lands redesignated by para14 graph (1) are depicted on a map entitled ‘‘Wilder15 ness Actions, Proposed Anaktuvuk Pass Land Ex16 change and Wilderness Redesignation, Gates of the

17 Arctic National Park and Preserve’’, Map No. 185/

18 80,040, dated April 1994, and on file at the Alaska

19 Regional Office of the National Park Service and the

20 office of Gates of the Arctic National Park and Pre21 serve in Fairbanks, Alaska.

22 (b) NOATAK NATIONAL PRESERVE.—Section

23 201(8)(a) of the Alaska National Interest Land Conserva24 tion Act (94 Stat. 2380) is amended by—
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1 (1) striking ‘‘approximately six million four

2 hundred and sixty thousand acres’’ and inserting in

3 lieu thereof ‘‘approximately 6,477,168 acres’’; and

4 (2) inserting ‘‘and the map entitled ‘Noatak

5 National Preserve and Noatak Wilderness Addition’

6 dated September 1994’’ after ‘‘July 1980’’.

7 (c) NOATAK WILDERNESS.—Section 701(7) of the

8 Alaska National Interest Lands Conservation Act (94

9 Stat. 2417) is amended by striking ‘‘approximately five

10 million eight hundred thousand acres’’ and inserting in

11 lieu thereof ‘‘approximately 5,817,168 acres’’.

12 SEC. 5. CONFORMANCE WITH OTHER LAW.

13 (a) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All

14 of the lands, or interests therein, conveyed to and received

15 by Arctic Slope Regional Corporation or Nunamiut Cor16 poration pursuant to the Agreement shall be deemed con17 veyed and received pursuant to exchanges under section

18 22(f) of the Alaska Native Claims Settlement Act, as

19 amended (43 U.S.C. 1601, 1621(f)). All of the lands or

20 interests in lands conveyed pursuant to the Agreement

21 shall be conveyed subject to valid existing rights.

22 (b) ALASKA NATIONAL INTEREST LANDS CONSERVA23 TION ACT.—Except to the extent specifically set forth in

24 this Act or the Agreement, nothing in this Act or in the

25 Agreement shall be construed to enlarge or diminish the
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1 rights, privileges, or obligations of any person, including

2 specifically the preference for subsistence uses and access

3 to subsistence resources provided under the Alaska Na4 tional Interest Lands Conservation Act (16 U.S.C. 3101

5 et seq.).

6 SECTION 1. SHORT TITLE.

7 This Act may be cited as the ‘‘Anaktuvuk Pass Land

8 Exchange and Wilderness Redesignation Act of 1995’’.

9 TITLE I—ANAKTUVUK PASS LAND EX10 CHANGE AND WILDERNESS REDESIG11 NATION

12 SEC. 101. FINDINGS.

13 The Congress makes the following findings:

14 (1) The Alaska National Interest Lands Con15 servation Act (94 Stat. 2371), enacted on December 2,

16 1980, established Gates of the Arctic National Park

17 and Preserve and Gates of the Arctic Wilderness. The

18 village of Anaktuvuk Pass, located in the highlands of

19 the central Brooks Range, is virtually surrounded by

20 these national park and wilderness lands and is the

21 only Native village located within the boundary of a

22 National Park System unit in Alaska.

23 (2) Unlike most other Alaskan Native commu24 nities, the village of Anaktuvuk Pass is not located on

25 a major river, lake, or coastline that can be used as
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1 a means of access. The residents of Anaktuvuk Pass

2 have relied increasingly on snow machines in winter

3 and all-terrain vehicles in summer as their primary

4 means of access to pursue caribou and other subsist5 ence resources.

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

7 easements were reserved by the Inupiat Eskimo people

8 for use of all-terrain vehicles across certain national

9 park lands, mostly along stream and river banks.

10 These linear easements proved unsatisfactory, because

11 they provided inadequate access to subsistence re12 sources while causing excessive environmental impact

13 from concentrated use.

14 (4) The National Park Service and the

15 Nunamiut Corporation initiated discussions in 1985

16 to address concerns over the use of all-terrain vehicles

17 on park and wilderness land. These discussions re18 sulted in an agreement, originally executed in 1992

19 and thereafter amended in 1993 and 1994, among the

20 National Park Service, Nunamiut Corporation, the

21 City of Anaktuvuk Pass, and Arctic Slope Regional

22 Corporation. Full effectuation of this agreement, as

23 amended, by its terms requires ratification by the

24 Congress.
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1 SEC. 102. RATIFICATION OF AGREEMENT.

2 (a) RATIFICATION.—

3 (1) IN GENERAL.—The terms, conditions, proce4 dures, covenants, reservations and other provisions set

5 forth in the document entitled ‘‘Donation, Exchange

6 of Lands and Interests in Lands and Wilderness Re7 designation Agreement Among Arctic Slope Regional

8 Corporation, Nunamiut Corporation, City of

9 Anaktuvuk Pass and the United States of America’’

10 (hereinafter referred to in this Act as ‘‘the Agree11 ment’’), executed by the parties on December 17, 1992,

12 as amended, are hereby incorporated in this Act, are

13 ratified and confirmed, and set forth the obligations

14 and commitments of the United States, Arctic Slope

15 Regional Corporation, Nunamiut Corporation and

16 the City of Anaktuvuk Pass, as a matter of Federal

17 law.

18 (2) LAND ACQUISITION.—Lands acquired by the

19 United States pursuant to the Agreement shall be ad20 ministered by the Secretary of the Interior (herein21 after referred to as the ‘‘Secretary’’) as part of Gates

22 of the Arctic National Park and Preserve, subject to

23 the laws and regulations applicable thereto.

24 (b) MAPS.—The maps set forth as Exhibits C1, C2,

25 and D through I to the Agreement depict the lands subject

26 to the conveyances, retention of surface access rights, access
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1 easements and all-terrain vehicle easements. These lands are

2 depicted in greater detail on a map entitled ‘‘Land Ex3 change Actions, Proposed Anaktuvuk Pass Land Exchange

4 and Wilderness Redesignation, Gates of the Arctic National

5 Park and Preserve’’, Map No. 185/80,039, dated April 1994,

6 and on file at the Alaska Regional Office of the National

7 Park Service and the offices of Gates of the Arctic National

8 Park and Preserve in Fairbanks, Alaska. Written legal de9 scriptions of these lands shall be prepared and made avail10 able in the above offices. In case of any discrepancies, Map

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

12 SEC. 103. NATIONAL PARK SYSTEM WILDERNESS.

13 (a) GATES OF THE ARCTIC WILDERNESS.—

14 (1) REDESIGNATION.—Section 701(2) of the

15 Alaska National Interest Lands Conservation Act (94

16 Stat. 2371, 2417) establishing the Gates of the Arctic

17 Wilderness is hereby amended with the addition of

18 approximately 56,825 acres as wilderness and the re19 scission of approximately 73,993 acres as wilderness,

20 thus revising the Gates of the Arctic Wilderness to ap21 proximately 7,034,832 acres.

22 (2) MAP.—The lands redesignated by paragraph

23 (1) are depicted on a map entitled ‘‘Wilderness Ac24 tions, Proposed Anaktuvuk Pass Land Exchange and

25 Wilderness Redesignation, Gates of the Arctic Na-
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1 tional Park and Preserve’’, Map No. 185/80,040,

2 dated April 1994, and on file at the Alaska Regional

3 Office of the National Park Service and the office of

4 Gates of the Arctic National Park and Preserve in

5 Fairbanks, Alaska.

6 (b) NOATAK NATIONAL PRESERVE.—Section 201(8)(a)

7 of the Alaska National Interest Land Conservation Act (94

8 Stat. 2380) is amended by—

9 (1) striking ‘‘approximately six million four

10 hundred and sixty thousand acres’’ and inserting in

11 lieu thereof ‘‘approximately 6,477,168 acres’’; and

12 (2) inserting ‘‘and the map entitled ‘Noatak Na13 tional Preserve and Noatak Wilderness Addition’

14 dated September 1994’’ after ‘‘July 1980’’.

15 (c) NOATAK WILDERNESS.—Section 701(7) of the

16 Alaska National Interest Lands Conservation Act (94 Stat.

17 2417) is amended by striking ‘‘approximately five million

18 eight hundred thousand acres’’ and inserting in lieu thereof

19 ‘‘approximately 5,817,168 acres’’.

20 SEC. 104. CONFORMANCE WITH OTHER LAW.

21 (a) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All

22 of the lands, or interests therein, conveyed to and received

23 by Arctic Slope Regional Corporation or Nunamiut Cor24 poration pursuant to the Agreement shall be deemed con25 veyed and received pursuant to exchanges under section
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1 22(f) of the Alaska Native Claims Settlement Act, as amend2 ed (43 U.S.C. 1601, 1621(f)). All of the lands or interests

3 in lands conveyed pursuant to the Agreement shall be con4 veyed subject to valid existing rights.

5 (b) ALASKA NATIONAL INTEREST LANDS CONSERVA6 TION ACT.—Except to the extent specifically set forth in this

7 Act or the Agreement, nothing in this Act or in the Agree8 ment shall be construed to enlarge or diminish the rights,

9 privileges, or obligations of any person, including specifi10 cally the preference for subsistence uses and access to sub11 sistence resources provided under the Alaska National Inter12 est Lands Conservation Act (16 U.S.C. 3101 et seq.).

13 TITLE II—ALASKA PENINSULA

14 SUBSURFACE CONSOLIDATION

15 SEC. 201. DEFINITIONS.

16 As used in this Act:

17 (1) AGENCY.—The term agency—

18 (A) means—

19 (i) any instrumentality of the United

20 States; and

21 (ii) any Government corporation (as

22 defined in section 9101(1) of title 31,

23 United States Code); and

24 (B) includes any element of an agency.
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1 (2) ALASKA NATIVE CORPORATION.—The term

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

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

4 3(m) of the Alaska Native Claims Settlement Act (43

5 U.S.C. 1602(m)).

6 (3) KONIAG.—The term ‘‘Koniag’’ means

7 Koniag, Incorporated, which is a Regional Corpora8 tion.

9 (4) KONIAG ACCOUNT.—The term ‘‘Koniag Ac10 count’’ means the account established under section 4.

11 (5) PROPERTY.—The term ‘‘property’’ has the

12 same meaning as is provided in section 12(b)(7)(vii)

13 of Public Law 94–204 (43 U.S.C. 1611 note).

14 (6) REGIONAL CORPORATION.—The term ‘‘Re15 gional Corporation’’ has the same meaning as is pro16 vided in section 3(g) of the Alaska Native Claims Set17 tlement Act (43 U.S.C. 1602(g)).

18 (7) SECRETARY.—Except as otherwise provided,

19 the term ‘‘Secretary’’ means the Secretary of the Inte20 rior.

21 (8) SELECTION RIGHTS.—The term ‘‘selection

22 rights’’ means those rights granted to Koniag, pursu23 ant to subsections (a) and (b) of section 12, and sec24 tion 14(h)(8), of the Alaska Native Claims Settlement

25 Act (43 U.S.C. 1611 and 1613(h)(8)), to receive title
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1 to the oil and gas rights and other interests in the

2 subsurface estate of the approximately 275,000 acres

3 of public lands in the State of Alaska identified as

4 ‘‘Koniag Selections’’ on the map entitled ‘‘Koniag In5 terest Lands, Alaska Peninsula’’, dated May 1989.

6 SEC. 202. ACQUISITION OF KONIAG SELECTION RIGHTS.

7 (a) The Secretary shall determine, pursuant to sub8 section (b) hereof, the value of Selection Rights which

9 Koniag possesses within the boundaries of Aniakchak Na10 tional Monument and Preserve, Alaska Peninsula National

11 Wildlife Refuge, and Becharof National Wildlife Refuge.

12 (b) VALUE.—

13 (1) IN GENERAL.—The value of the selection

14 rights shall be equal to the fair market value of—

15 (A) the oil and gas interests in the lands or

16 interests in lands that are the subject of the selec17 tion rights; and

18 (B) in the case of the lands or interests in

19 lands for which Koniag is to receive the entire

20 subsurface estate, the subsurface estate of the

21 lands or interests in lands that are the subject of

22 the selection rights.

23 (2) APPRAISAL.—

24 (A) SELECTION OF APPRAISER.—
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1 (i) IN GENERAL.—Not later than 90

2 days after the date of enactment of this Act,

3 the Secretary and Koniag shall meet to se4 lect a qualified appraiser to conduct an ap5 praisal of the selection rights. Subject to

6 clause (ii), the appraiser shall be selected by

7 the mutual agreement of the Secretary and

8 Koniag.

9 (ii) FAILURE TO AGREE.—If the Sec10 retary and Koniag fail to agree on an ap11 praiser by the date that is 60 days after the

12 date of the initial meeting referred to in

13 clause (i), the Secretary and Koniag shall,

14 by the date that is not later than 90 days

15 after the date of the initial meeting, each

16 designate an appraiser who is qualified to

17 perform the appraisal. The 2 appraisers so

18 identified shall select a third qualified ap19 praiser who shall perform the appraisal.

20 (B) STANDARDS AND METHODOLOGY.—The

21 appraisal shall—

22 (i) be conducted in conformity with the

23 standards of the Appraisal Foundation (as

24 defined in section 1121(9) of the Financial
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1 Institutions Reform, Recovery, and Enforce2 ment Act of 1989 (12 U.S.C. 3350(9)); and

3 (ii) utilize risk adjusted discounted

4 cash flow methodology.

5 (C) SUBMISSION OF APPRAISAL REPORT.—

6 Not later than 180 days after the selection of an

7 appraiser pursuant to subparagraph (A), the ap8 praiser shall submit to the Secretary and to

9 Koniag a written appraisal report specifying the

10 value of the selection rights and the methodology

11 used to arrive at the value.

12 (3) DETERMINATION OF VALUE.—

13 (A) DETERMINATION BY THE SECRETARY.—

14 Not later than 60 days after the date of the re15 ceipt of the appraisal report under paragraph

16 (2)(C), the Secretary shall determine the value of

17 the selection rights and shall notify Koniag of

18 the determination.

19 (B) ALTERNATIVE DETERMINATION OF

20 VALUE.—

21 (i) IN GENERAL.—Subject to clause

22 (ii), if Koniag does not agree with the value

23 determined by the Secretary under subpara24 graph (A), the procedures specified in sec25 tion 206(d) of the Federal Land Policy and
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1 Management Act of 1976 (43 U.S.C.

2 1716(d)) shall be used to establish the value.

3 (ii) AVERAGE VALUE LIMITATION.—

4 The average value per acre of the selection

5 rights shall not be more than $300.

6 SEC. 203. KONIAG ACCOUNT.

7 (a) IN GENERAL.—

8 (1) The Secretary shall enter into negotiations

9 for an agreement or agreements to exchange Federal

10 lands or interests therein which are in the State of

11 Alaska for the Koniag Selection Rights referred to in

12 section 202.

13 (2) If the value of the Federal lands to be ex14 changed is less than the value of the Koniag Selection

15 Rights established in section 202, then the Secretary

16 may exchange the Federal lands for an equivalent

17 portion of the Koniag Selection Rights. The remain18 ing selection rights shall remain available for addi19 tional exchanges.

20 (3) For purposes of this section, the term ‘‘Fed21 eral lands’’ means lands or interests therein located

22 in Alaska, administered by the Secretary and the title

23 to which is in the United States but excluding all

24 lands and interests therein which are located within

25 a conservation system unit as defined in the Alaska
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1 National Interest Lands Conservation Act section

2 102(4).

3 (b) ACCOUNT.—

4 (1) IN GENERAL.—With respect to any Koniag

5 Selection Rights for which an exchange has not been

6 completed by October 1, 2004 (hereafter in this section

7 referred to as ‘‘remaining selection rights’’), the Sec8 retary of the Treasury, in consultation with the Sec9 retary, shall, notwithstanding any other provision of

10 law, establish in the Treasury of the United States,

11 an account to be known as the Koniag Account. Upon

12 the relinquishment of the remaining selection rights to

13 the United States, the Secretary shall credit the

14 Koniag Account in the amount of the appraised value

15 of the remaining selection rights.

16 (2) INITIAL BALANCE.—The initial balance of the

17 Koniag Account shall be equal to the value of the se18 lection rights as determined pursuant to section 3(b).

19 (3) USE OF ACCOUNT.—

20 (A) IN GENERAL.—Amounts in the Koniag

21 Account shall—

22 (i) be made available by the Secretary

23 of the Treasury to Koniag for bidding on

24 and purchasing property sold at public sale,
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1 subject to the conditions described in this

2 paragraph; and

3 (ii) remain available until expended.

4 (B) ASSIGNMENT.—

5 (i) IN GENERAL.—Subject to clause (ii)

6 and notwithstanding any other provision of

7 law, the right to request the Secretary of the

8 Treasury to withdraw funds from the

9 Koniag Account shall be assignable in whole

10 or in part by Koniag.

11 (ii) NOTICE OF ASSIGNMENT.—No as12 signment shall be recognized by the Sec13 retary of the Treasury until Koniag files

14 written notice of the assignment with the

15 Secretary of the Treasury and the Sec16 retary.

17 (C) BIDDING AND PURCHASING.—

18 (i) IN GENERAL.—Koniag may use the

19 Koniag Account to—

20 (I) bid, in the same manner as

21 any other bidder, for any property at

22 any public sale by an agency; and

23 (II) purchase the property in ac24 cordance with applicable laws, includ-
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1 ing the regulations of the agency offer2 ing the property for sale.

3 (ii) REQUIREMENTS FOR AGENCIES.—

4 In conducting a transaction described in

5 clause (i), an agency shall accept, in the

6 same manner as cash, an amount tendered

7 from the Koniag Account.

8 (iii) ADJUSTMENT OF BALANCE.—The

9 Secretary of the Treasury shall adjust the

10 balance of the Koniag Account to reflect

11 each transaction under clause (i).

12 (4) SPECIAL PROCEDURES.—The Secretary of the

13 Treasury, in consultation with the Secretary, shall es14 tablish procedures to permit the Koniag Account to—

15 (A) receive deposits;

16 (B) make deposits into escrow when an es17 crow is required for the sale of any property;

18 and

19 (C) reinstate to the Koniag Account any

20 unused escrow deposits if a sale is not con21 summated.

22 (c) TREATMENT OF AMOUNTS FROM ACCOUNT.—The

23 Secretary of the Treasury shall—

24 (1) deem as a cash payment any amount ten25 dered from the Koniag Account and received by an
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1 agency as a proceed from a public sale of property;

2 and

3 (2) make any transfer necessary to permit the

4 agency to use the proceed in the event an agency is

5 authorized by law to use the proceed for a specific

6 purpose.

7 (d) REQUIREMENT FOR THE ADMINISTRATION OF

8 SALES.—

9 (1) IN GENERAL.—Subject to paragraph (2), the

10 Secretary of the Treasury and the heads of agencies

11 shall administer sales described in subsection

12 (a)(3)(C) in the same manner as is provided for any

13 other Alaska Native Corporation that—

14 (A) is authorized by law as of the date of

15 enactment of this Act; and

16 (B) has an account similar to the Koniag

17 Account for bidding on and purchasing property

18 sold for public sale.

19 (2) PROHIBITION.—Amounts in an account es20 tablished for the benefit of a specific Alaska Native

21 Corporation may not be used to satisfy the property

22 purchase obligations of any other Alaskan Native Cor23 poration.

24 (e) REVENUES.—The Koniag Account shall be deemed

25 to be an interest in the subsurface for purposes of section
22

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1 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C.

2 1601 et seq.).

3 SEC. 204. CERTAIN CONVEYANCES.

4 (a) INTERESTS IN LAND.—For the purpose of section

5 21(c) of the Alaska Native Claims Settlement Act (43 U.S.C.

6 1620(c)), the following shall be deemed to be an interest in

7 land:

8 (1) The establishment of the Koniag Account and

9 the right of Koniag to request the Secretary of the

10 Treasury to withdraw funds from the Koniag Ac11 count.

12 (2) The receipt by a Settlement Trust (as defined

13 in section 3(t) of such Act (43 U.S.C. 1602(t)) of a

14 conveyance by Koniag of any right in the Koniag Ac15 count.

16 (b) AUTHORITY TO APPOINT TRUSTEES.—In estab17 lishing a Settlement Trust under section 39 of such Act (43

18 U.S.C. 1629e), Koniag may delegate the authority granted

19 to Koniag under subsection (b)(2) of such section to any

20 entity that Koniag may select without affecting the status

21 of the Settlement Trust under this section.

Passed the House of Representatives February 1,

1995.

Attest: ROBIN H. CARLE,

Clerk.

HR 400 RS——2