I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Alaska Peninsula Sub-
surface 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 Corpora-
tion.
(4) KONIAG ACCOUNT.—The term ‘‘Koniag Ac-
count’’ 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 ‘‘Re-
gional 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 Sec-
retary of the Interior.
(8) SELECTION RIGHTS.—The term ‘‘selection
rights’’ means those rights granted to Koniag pursu-
ant to subsections (a) and (b) of section 12 and sec-
tion 14(h)(8) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1611 and 1613(h)(8)) to re-
ceive title to the oil and gas rights and other inter-
ests 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 enti-
tled ‘‘Koniag Interest Lands, Alaska Peninsula’’ and
dated May 1989.
SEC. 3. VALUATION OF KONIAG SELECTION RIGHTS.
(a) IN GENERAL.—Pursuant to the provisions of sub-
section (b), the Secretary shall value the selection rights
which Koniag possesses within the boundaries of
Aniakchak National Monument and Preserve, Alaska Pe-
ninsula 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. Sub-
ject to clause (ii), the appraiser shall be se-
lected by the mutual agreement of the Sec-
retary and Koniag.
(ii) FAILURE TO AGREE.—If the Sec-
retary and Koniag fail to agree on an ap-
praiser 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 quali-
fied to perform the appraisal. The two ap-
praisers 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 Fi-
nancial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C.
3350(9)); and
(ii) utilize the risk adjusted dis-
counted cash flow methodology.
(C) SUBMISSION OF APPRAISAL REPORT.—
Not later than 180 days after the selection of
an appraiser or appraisers pursuant to subpara-
graph (A), the appraiser shall submit to the
Secretary and to Koniag a written appraisal re-
port specifying the value of the selection rights
and the methodology used to arrive at the
value.
(3) DETERMINATION OF VALUE.—
(A) 
DETERMINATION
BY
THE
SEC-
RETARY.—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 sub-
paragraph (A), the procedures specified in sec-
tion 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 aver-
age 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 ne-
gotiations 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 prop-
erty 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 se-
lection 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 suit-
able for disposal through exchange by the Secretary pursu-
ant 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 re-
ferred to as ‘‘remaining selection rights’’), the Sec-
from the Koniag Account shall be assign-
able in whole or in part by Koniag.
(ii) NOTICE OF ASSIGNMENT.—No as-
signment shall be recognized by the Sec-
retary of the Treasury until Koniag files
written notice of the assignment with the
Secretary of the Treasury and the Sec-
retary.
(C) BIDDING AND PURCHASING.—
(i) IN GENERAL.—Koniag and its as-
signees 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 ac-
cordance with applicable laws, includ-
ing the regulations of the agency of-
fering 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 Ac-
count to—
(A) receive deposits;
(B) make deposits into escrow when an es-
crow is required for the sale of any property;
and
(C) reinstate to the Koniag Account any
unused escrow deposits if a sale is not con-
summated.
(b) TREATMENT OF AMOUNTS FROM ACCOUNT.—
The Secretary of the Treasury shall—
(1) deem as a cash payment any amount ten-
dered 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 para-
graph (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 pro-
vided 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 es-
tablished for the benefit of a specific Alaska Native
Corporation may not be used to satisfy the property
purchase obligations of any other Alaska Native Cor-
poration.
(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 de-
fined 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 estab-
lishing 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.
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