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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 566 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 566

 To authorize the Secretary of the Interior to consolidate the surface 
   and subsurface estates of certain lands within three conservation 
     system units on the Alaska Peninsula, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1995

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 To authorize the Secretary of the Interior to consolidate the surface 
   and subsurface estates of certain lands within three conservation 
     system units on the Alaska Peninsula, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Peninsula Subsurface 
Consolidation Act of 1995''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Agency.--The term ``agency''--
                    (A) means--
                            (i) any Executive agency (as defined in 
                        section 105 of title 5, United States Code), 
                        except as provided in clause (iii) of this 
                        paragraph;
                            (ii) any instrumentality of the United 
                        States; and
                            (iii) any Government corporation (as 
                        defined in section 9101(1) of title 31, United 
                        States Code); and
                    (B) includes any element of an agency.
            (2) Alaska native corporation.--The term ``Alaska Native 
        Corporation'' has the same meaning given the term ``Native 
        Corporation'' in section 3(m) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602(m)).
            (3) Koniag.--The term ``Koniag'' means Koniag, 
        Incorporated, which is a Regional Corporation.
            (4) Koniag account.--The term ``Koniag Account'' means the 
        account established under section 5.
            (5) Property.--The term ``property'' has the same meaning 
        given such term by section 12(b)(7)(vii) of Public Law 94-204, 
        as amended (43 U.S.C. 1611 note).
            (6) Regional corporation.--The term ``Regional 
        Corporation'' has the same meaning given such term by section 
        3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602(g)).
            (7) Secretary.--Except as otherwise provided in this Act, 
        the term ``Secretary'' means the Secretary of the Interior.
            (8) Selection rights.--The term ``selection rights'' means 
        those rights granted to Koniag pursuant to subsections (a) and 
        (b) of section 12 and section 14(h)(8) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)) to 
        receive title to the oil and gas rights and other interests in 
        the subsurface estate of the approximately 275,000 acres of 
        public lands in the State of Alaska identified as ``Koniag 
        Selections'' on the map entitled ``Koniag Interest Lands, 
        Alaska Peninsula'' and dated May 1989.

SEC. 3. VALUATION OF KONIAG SELECTION RIGHTS.

    (a) In General.--Pursuant to the provisions of subsection (b), the 
Secretary shall value the selection rights which Koniag possesses 
within the boundaries of Aniakchak National Monument and Preserve, 
Alaska Peninsula National Wildlife Refuge, and Becharof National 
Wildlife Refuge.
    (b) Value.--
            (1) In general.--The value of the selection rights shall be 
        equal to the fair market value of--
                    (A) the oil and gas interests in the lands or 
                interests in lands that are the subject of the 
                selection rights; and
                    (B) in the case of the lands or interests in lands 
                for which Koniag is to receive the entire subsurface 
                estate, the subsurface estate of the lands or interests 
                in lands that are the subject of the selection rights.
            (2) Appraisal.--
                    (A) Selection of appraiser.--
                            (i) In general.--Not later than 90 days 
                        after the date of enactment of this Act, the 
                        Secretary and Koniag shall meet to select a 
                        qualified appraiser to conduct an appraisal of 
                        the selection rights. Subject to clause (ii), 
                        the appraiser shall be selected by the mutual 
                        agreement of the Secretary and Koniag.
                            (ii) Failure to agree.--If the Secretary 
                        and Koniag fail to agree on an appraiser by the 
                        date that is 60 days after the date of the 
                        initial meeting referred to in clause (i), the 
                        Secretary and Koniag shall, by the date that is 
                        not later than 90 days after the date of the 
                        initial meeting, each designate an appraiser 
                        who is qualified to perform the appraisal. The 
                        two appraisers so identified shall select a 
                        third qualified appraiser who shall perform the 
                        appraisal.
                    (B) Standards and methodology.--The appraisal 
                shall--
                            (i) be conducted in conformity with the 
                        standards of the Appraisal Foundation (as 
                        defined in section 1121(9) of the Financial 
                        Institutions Reform, Recovery, and Enforcement 
                        Act of 1989 (12 U.S.C. 3350(9)); and
                            (ii) utilize the risk adjusted discounted 
                        cash flow methodology.
                    (C) Submission of appraisal report.--Not later than 
                180 days after the selection of an appraiser or 
                appraisers pursuant to subparagraph (A), the appraiser 
                shall submit to the Secretary and to Koniag a written 
                appraisal report specifying the value of the selection 
                rights and the methodology used to arrive at the value.
            (3) Determination of value.--
                    (A) Determination by the secretary.--Not later than 
                60 days after the date of the receipt of the appraisal 
                report under paragraph (2)(C), the Secretary shall 
                determine the value of the selection rights and shall 
                notify Koniag of the determination.
                    (B) Alternative determination of value.--If Koniag 
                does not agree with the value determined by the 
                Secretary under subparagraph (A), the procedures 
                specified in section 206(d) of the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1716(d)) shall be 
                used to establish the value.
            (4) Average value limitation.--The average value per acre 
        of the selection rights determined under this subsection shall 
        not be more than $300.

SEC. 4. KONIAG EXCHANGE.

    (a) Agreement.--The Secretary shall enter into negotiations for an 
agreement or agreements to exchange Federal lands or interests therein 
which are in the State of Alaska for the selection rights.
    (b) Limitation.--If the value of the Federal property to be 
exchanged is less than the value of the selection rights determined 
under section 3, then the Secretary may exchange the Federal property 
for that portion of the selection rights having a value equal to that 
of the Federal property. The remaining selection rights shall remain 
available for additional exchanges.
    (c) Definition.--For the purposes of this section, the term 
``Federal lands or interests therein'' shall include any lands or 
properties owned by the United States which lands or interests therein 
have been determined to be suitable for disposal through exchange by 
the Secretary pursuant to the Federal Land Policy and Management Act of 
1976, or which have been made available to the Secretary for exchange 
under this section through the concurrence of the director of the 
agency administering such lands or property. Such term does not include 
those lands which are within an existing conservation system unit and 
those lands which are subject to a mineral lease.

SEC. 5. KONIAG ACCOUNT.

    (a) Establishment.--
            (1) In general.--With respect to any selection rights for 
        which an exchange has not been completed by October 1, 2005 
(hereafter in this section referred to as ``remaining selection 
rights''), the Secretary of the Treasury, in consultation with the 
Secretary, shall, notwithstanding any other provision of law, establish 
a Koniag Account. Upon the relinquishment of the remaining selection 
rights to the United States, the Secretary shall credit the Koniag 
Account in the amount of the appraised value of the remaining selection 
rights.
            (2) Initial balance.--The initial balance of the Koniag 
        Account shall be equal to the value of the remaining selection 
        rights as determined pursuant to section 3(b).
            (3) Use of account.--
                    (A) In general.--Amounts in the Koniag Account 
                shall--
                            (i) be made available by the Secretary of 
                        the Treasury to Koniag or its assignees for 
                        bidding on and purchasing property sold at 
                        public sale, subject to the conditions 
                        described in this paragraph; and
                            (ii) remain available until expended.
                    (B) Assignment.--
                            (i) In general.--Subject to clause (ii) and 
                        notwithstanding any other provision of law, the 
                        right to request the Secretary of the Treasury 
                        to withdraw funds from the Koniag Account shall 
                        be assignable in whole or in part by Koniag.
                            (ii) Notice of assignment.--No assignment 
                        shall be recognized by the Secretary of the 
                        Treasury until Koniag files written notice of 
                        the assignment with the Secretary of the 
                        Treasury and the Secretary.
                    (C) Bidding and purchasing.--
                            (i) In general.--Koniag and its assignees 
                        to the extent of any assignee may use the 
                        Koniag Account to--
                                    (I) bid, in the same manner as any 
                                other bidder, for any property at any 
                                public sale by an agency; and
                                    (II) purchase the property in 
                                accordance with applicable laws, 
                                including the regulations of the agency 
                                offering the property for sale.
                            (ii) Requirements for agencies.--In 
                        conducting a transaction described in clause 
                        (i), an agency shall accept, in the same manner 
                        as cash, an amount tendered from the Koniag 
                        Account.
                            (ii) Adjustment of balance.--The Secretary 
                        of the Treasury shall adjust the balance of the 
                        Koniag Account to reflect each transaction 
                        under clause (i).
            (4) Special procedures.--The Secretary of the Treasury, in 
        consultation with the Secretary, shall establish procedures to 
        permit the Koniag Account to--
                    (A) receive deposits;
                    (B) make deposits into escrow when an escrow is 
                required for the sale of any property; and
                    (C) reinstate to the Koniag Account any unused 
                escrow deposits if a sale is not consummated.
    (b) Treatment of Amounts From Account.--The Secretary of the 
Treasury shall--
            (1) deem as a cash payment any amount tendered from the 
        Koniag Account and received by an agency as a proceed from a 
        public sale or property; and
            (2) make any transfer necessary to permit the agency to use 
        the proceed in the event an agency is authorized by law to use 
        the proceed for a specific purpose.
    (c) Requirement for the Administration of Sales.--
            (1) In general.--In any case in which Koniag has not made 
        an assignment under subsection (a)(3)(B) with respect to a 
        sale, subject to paragraph (2), the Secretary of the Treasury 
        and the heads of agencies shall administer sales described in 
        subsection (a)(3)(C) in the same manner as is provided for any 
        other Alaska Native Corporation that--
                    (A) is authorized by law as of the date of 
                enactment of this Act; and
                    (B) has an account similar to the Koniag Account 
                for bidding on and purchasing property sold for public 
                sale.
            (2) Prohibition.--Amounts in an account established for the 
        benefit of a specific Alaska Native Corporation may not be used 
        to satisfy the property purchase obligations of any other 
        Alaska Native Corporation.
    (d) Revenues.--The Koniag Account shall be deemed to be an interest 
in the subsurface for purposes of section 7(i) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.).

SEC. 6. CERTAIN CONVEYANCES.

    (a) Interests in Land.--For the purpose of section 21(c) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the following 
shall be deemed to be an interest in land:
            (1) The establishment of the Koniag Account and the right 
        of Koniag to request the Secretary of the Treasury to withdraw 
        funds from the Koniag Account.
            (2) The receipt by a Settlement Trust (as defined in 
        section 3(t) of such Act (43 U.S.C. 1602(t)) of a conveyance by 
        Koniag of any right in the Koniag Account.
    (b) Authority To Appoint Trustees.--In establishing a Settlement 
Trust under section 39 of such Act (43 U.S.C. 1629e), Koniag may 
delegate the authority granted to Koniag under subsection (b)(2) of 
such section to any entity that Koniag may select without affecting the 
status of the Settlement Trust under such section.
                                 <all>
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