I

103D CONGRESS

1ST SESSION H. R. 1688

To designate wilderness, acquire certain valuable inholdings within National

Wildlife Refuges and National Park System Units, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 2, 1993

Mr. YOUNG of Alaska introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

To designate wilderness, acquire certain valuable inholdings

within National Wildlife Refuges and National Park System Units, 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 ‘‘Alaska Peninsula Wil5 derness Designation Act of 1993’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:

8 (1) The term ‘‘land’’ means lands, waters, and

9 interests therein;
2

•HR 1688 IH

1 (2) The term ‘‘public lands’’ means land situ2 ated in Alaska which, after the date of enactment of

3 this Act, the title is in the United States, except—

4 (A) land selections of the State of Alaska

5 which have been tentatively approved or validly

6 selected under the Alaska Statehood Act and

7 lands which have been confirmed to, validly se8 lected by, or granted to the Territory of Alaska

9 or the State under any other provisions of

10 Federal law; and

11 (B) land selections of a Native Corporation

12 made under the Alaska Native Claims Settle13 ment Act (43 U.S.C. 1601 et seq.) which have

14 not been conveyed to a Native Corporation, un15 less any such selection is determined to be in16 valid or is relinquished.

17 (3) The term ‘‘Native Corporation’’ means any

18 Regional Corporation, any Village Corporation, any

19 Native group and those Native entities which have

20 incorporated pursuant to section 14(h)(3) of the

21 Alaska Native Claims Settlement Act (43 U.S.C.

22 1613(h)(3)).

23 (4) The term ‘‘Regional Corporation’’ has the

24 same meaning as such term has under section 3(g)

25 of the Alaska Native Claims Settlement Act.
3

•HR 1688 IH

1 (5) The term ‘‘Village Corporation’’ has the

2 same meaning as such term has under section 3(j)

3 of the Alaska Native Claims Settlement Act.

4 (6) The term ‘‘Native group’’ has the same

5 meaning as such term has under sections 3(d) and

6 14(h)(2) of the Alaska Native Claims Settlement

7 Act.

8 (7) The term ‘‘Secretary’’ means the Secretary

9 of the Interior.

10 (8) The term ‘‘Alaska Statehood Act’’ means

11 the Act entitled ‘‘An Act to provide for the admis12 sion of the State of Alaska into the Union’’, ap13 proved July 7, 1958 (72 Stat. 339), as amended.

14 (9) The term ‘‘State’’ means the State of

15 Alaska.

16 (10) The term ‘‘Koniag’’ means Koniag, Incor17 porated, a Regional Corporation.

18 (11) The term ‘‘Selection Rights’’ means those

19 rights granted to Koniag pursuant to sections 12(a),

20 12(b), and 14(h)(8) of the Alaska Native Claims

21 Settlement Act (85 Stat. 688), as amended, to re22 ceive title to the oil and gas rights and other inter23 ests in the subsurface estate of approximately two

24 hundred and seventy-five thousand acres of public

25 lands in the State of Alaska which lands are identi-
4

•HR 1688 IH

1 fied as ‘‘Koniag Selections’’ on the map entitled

2 ‘‘Koniag Interest Lands, Alaska Peninsula’’, dated

3 May 1989.

4 (12) The term ‘‘agency’’ includes—

5 (A) any instrumentality of the United

6 States;

7 (B) any element of an agency; and

8 (C) any wholly owned or mixed-owned cor9 poration of the United States Government iden10 tified in chapter 91 of title 31, United States

11 Code.

12 (13) The term ‘‘property’’ has the same mean13 ing as is provided the term in section 12(b)(7) of

14 Public Law 94–9204 (43 U.S.C. 1611 note), as

15 amended.’’.

16 SEC. 3. DESIGNATION OF WILDERNESS.

17 (a) DESIGNATION OF WILDERNESS.—The public

18 lands within the boundaries depicted as ‘‘Proposed Wilder19 ness’’ on the following identified maps are hereby des20 ignated as wilderness, and therefore as components of the

21 National Wilderness Preservation System, with the no22 menclature and approximate acreage as indicated below:

23 (1) Aniakchak Wilderness of approximately five

24 hundred and three thousand acres within the

25 Aniakchak National Monument and Preserve and
5

•HR 1688 IH

1 which is generally depicted upon the map entitled

2 ‘‘Aniakchak Wilderness’’ dated July 1992.

3 (2) Alaska Peninsula Wilderness of approxi4 mately one million eight hundred and seventy-six

5 thousand acres within the Alaska Peninsula Na6 tional Wildlife Refuge and which is generally de7 picted upon the map entitled ‘‘Alaska Peninsula Wil8 derness’’ dated July 1992.

9 (3) Approximately three hundred and forty10 seven thousand acres within the Becharof National

11 Wildlife Refuge as an addition to the existing

12 Becharof Wilderness, as generally depicted upon the

13 map entitled ‘‘Becharof Additional Wilderness’’

14 dated July 1992.

15 (b) MAP AND LEGAL DESCRIPTION.—As soon as

16 practicable after the enactment of this Act, a map and

17 legal description of each wilderness area designated by this

18 Act shall be published in the Federal Register and filed

19 with the Committee on Interior and Insular Affairs and

20 the Committee on Merchant Marine and Fisheries of the

21 House of Representatives and with the Committee on En22 ergy and Natural Resources of the Senate. Each such legal

23 description shall have the same force and effect as if in24 cluded in this Act, except that the Secretary may correct

25 clerical and typographical errors in such legal description
6

•HR 1688 IH

1 and map. A copy of each map shall be available for public

2 inspection in an appropriate office of the National Park

3 Service and the Fish and Wildlife Service, Department of

4 the Interior.

5 (c) LANDS INCLUDED.—Except for those lands sub6 ject to Koniag Selection Rights which are subsequently re7 linquished pursuant to section 5, only those lands within

8 the boundaries of any wilderness area which are public

9 lands (as such term is defined in this Act) shall be deemed

10 to be included as a portion of such area. No lands within

11 the boundaries of any wilderness area designated pursuant

12 to section 3(a) hereof and which, before, on, or after the

13 date of enactment of this Act, are conveyed to the State,

14 to any Native Corporation, or to any private party, shall

15 be subject to the regulations applicable solely to public

16 lands within such wilderness areas. Any lands subject to

17 Koniag Selection Rights relinquished to the United States

18 pursuant to section 5 which are within the boundaries of

19 a wilderness area designated by this Act shall become part

20 of such wilderness areas and be administered accordingly.

21 SEC. 4. MANAGEMENT OF WILDERNESS AREAS.

22 (a) GENERALLY.—Except as provided in subsection

23 (b) of this section, and subject to valid existing rights, the

24 lands designated as Aniakchak Wilderness by this Act

25 shall be managed by the Secretary of the Interior in the
7

•HR 1688 IH

1 same manner as the lands designated as wilderness by sec2 tion 701 of the Alaska National Interest Lands Conserva3 tion Act (16 U.S.C. 3101 et seq.), and the other lands

4 designated as wilderness by this Act shall be managed by

5 such Secretary in the same manner as the lands des6 ignated as wilderness by section 702 of such Act.

7 (b) PERMITS.—(1) Any special use or concession per8 mit which was in existence during 1991 for operations on

9 lands designated as wilderness by this Act and which ex10 cept for designation of such lands as wilderness could have

11 remained in effect or been renewed by or reissued to the

12 same permittee, may be renewed or reissued to such per13 mittee, subject to the provisions of this subsection.

14 (2) Nothing in this Act shall require renewal or

15 reissuance of a permit if the Secretary, for reasons other

16 than the designation of lands as wilderness, determines

17 that such action would be inconsistent with applicable law

18 or established regulations. Nothing in this Act shall pre19 clude the Secretary from canceling or otherwise restricting

20 any permit for any reason other than the designation of

21 lands as wilderness.

22 (3) No renewal or reissuance of a permit described

23 in paragraph (1) of this subsection shall be for a period

24 longer than the lifetime of the permittee, and no such per25 mit shall be transferable or assignable.
8

•HR 1688 IH

1 (4) Designation of lands as wilderness shall not pre2 vent any structures and other improvements authorized by

3 a permit described in paragraph (1), including cabins,

4 from continuing to be used, maintained, and if necessary,

5 replaced, to the extent otherwise permissible, but no addi6 tional structures or other improvements shall be permitted

7 on lands so designated.

8 SEC. 5. ACQUISITION OF KONIAG SELECTION RIGHTS.

9 (a) IN GENERAL.—(1) If the Secretary receives from

10 Koniag a timely tender of relinquishment of the Selection

11 Rights, the Secretary shall accept such tender no later

12 than 60 days after its receipt, and shall notify the Sec13 retary of the Treasury of such acceptance.

14 (2) For purposes of this subsection, a tender by

15 Koniag shall be timely if it is received by the Secretary

16 no later than 180 days after either—

17 (A) receipt by Koniag of the Secretary’s deter18 mination of the value of the Selection Rights pursu19 ant to subsection (b) of this section, or

20 (B) the outcome of the procedures established

21 by subsection (b) of this section for resolution of any

22 dispute regarding such value,

23 whichever last occurs, unless the Secretary and Koniag

24 agree to modify his deadline.
9

•HR 1688 IH

1 (b) VALUE.—(1) The value of the Selection Rights

2 shall be equal to the fair market value of the oil and gas

3 interests, and where appropriate the fair market value of

4 the subsurface estate of the lands or interests in lands.

5 (2) Within 90 days after the date of enactment of

6 this Act, Koniag and the Secretary shall meet to determine

7 the identity of a qualified appraiser who shall perform an

8 appraisal of the Selection Rights in conformity with the

9 standards of the Appraisal Foundation and utilizing the

10 methodology customarily used by the Minerals Manage11 ment Service of the Department of the Interior in valuing

12 such interests. Such appraiser shall be selected by the mu13 tual agreement of Koniag and the Secretary, or if such

14 agreement is not reached within 60 days after such initial

15 meeting, then Koniag and the Secretary, no later than 90

16 days after such initial meeting, shall each designate an

17 appraiser who is qualified to perform the appraisal. The

18 2 appraisers so identified shall select a third qualified ap19 praiser who shall perform the appraisal. Within 180 days

20 after the selection of the third appraiser, a written ap21 praisal report setting out the value of the Selection Rights

22 and the methodology used to arrive at it, shall be delivered

23 to the Secretary and to Koniag.

24 (3) Within 60 days after the receipt of the appraisal

25 report described in paragraph (2), the Secretary shall de-
10

•HR 1688 IH

1 termine the value of the Selection Rights and shall imme2 diately notify Koniag of such determination. If Koniag

3 does not agree with the value as determined by the Sec4 retary, the procedures specified in section 206(d) of Public

5 Law 94–579, as amended, shall be used to establish the

6 value, but the average value per acre of the Selection

7 Rights shall not be more than $300.

8 SEC. 6. KONIAG ACCOUNT.

9 (a) ESTABLISHMENT.—(1) Notwithstanding any

10 other provision of law, on October 1, 1996, the Secretary

11 of the Treasury, in consultation with the Secretary, shall

12 establish a Koniag Account.

13 (2) Beginning on October 1, 1996, the balance of the

14 account shall—

15 (A) be available to Koniag for bidding on and

16 purchasing property sold at public sale, subject to

17 the conditions described in paragraph (3); and

18 (B) remain available until expended.

19 (3)(A) Koniag may use the account established under

20 paragraph (1) to bid as any other bidder for property

21 (wherever located) at any public sale by an agency and

22 may purchase the property in accordance with applicable

23 laws and regulations of the agency offering the property

24 for sale. Notwithstanding any other provision of law, the

25 right to draw against such account shall be assignable in
11

•HR 1688 IH

1 whole or in part by Koniag, but no assignment shall be

2 recognized by the Secretary of the Treasury until written

3 notice thereof is filed with the Secretary of the Treasury

4 and the Secretary of the Interior by Koniag.

5 (B) In conducting a transaction described in subpara6 graph (A), an agency shall accept, in the same manner

7 as cash, any amount tendered from the account estab8 lished by the Secretary of the Treasury under paragraph

9 (1). The Secretary of the Treasury shall adjust the bal10 ance of the account to reflect the transaction.

11 (C) The Secretary of the Treasury, in consultation

12 with the Secretary of the Interior, shall establish proce13 dures to permit the account established under paragraph

14 (1) to—

15 (i) receive deposits;

16 (ii) make deposits into escrow when an escrow

17 is required for the sale of any property; and

18 (iii) reinstate to the account any unused escrow

19 deposits in the event sales are not consummated.

20 (b) AMOUNT.—The initial balance of the account es21 tablished in subsection (a) shall be equal to the value of

22 the Selection Rights as determined pursuant to section 5

23 of this Act.

24 (c) TREATMENT OF AMOUNTS FROM ACCOUNT.—(1)

25 The Secretary of the Treasury shall deem as cash pay-
12

•HR 1688 IH

1 ments any amount tendered from the account established

2 pursuant to subsection (a) and received by agencies as

3 proceeds from a public sale of property, and shall make

4 any transfers necessary to allow an agency to use the pro5 ceeds in the event an agency is authorized by law to use

6 the proceeds for a specific purpose.

7 (2)(A) Subject to subparagraph (B), the Secretary of

8 the Treasury and the heads of agencies shall administer

9 sales pursuant to this section in the same manner as is

10 provided for any other Alaska native corporation author11 ized by law as of the date of enactment of this section

12 (including the use of similar accounts for bidding on and

13 purchasing property sold for public sale).

14 (B) Amounts in an account created for the benefit

15 of a specific Alaska native corporation may not be used

16 to satisfy the property purchase obligations of any other

17 Alaska native corporation.

18 (d) REVENUES.—The Selection Rights shall be

19 deemed to be an interest in the subsurface for purposes

20 of section 7(i) of the Alaska Native Claims Settlement Act

21 (43 U.S.C. 1601 et seq.).

Æ