IB
Union Calendar No. 53
104TH CONGRESS
1ST SESSION
H. R. 1266
[Report No. 104–115]
To provide for the exchange of lands within Admiralty Island National
Monument, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1995
Mr. YOUNG of Alaska (for himself and Mr. MILLER of California) introduced
the following bill; which was referred to the Committee on Resources
MAY 9, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 16, 1995]
A BILL
To provide for the exchange of lands within Admiralty Island
National Monument, 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 ‘‘Greens Creek Land Ex-
change Act of 1995’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Con-
servation Act established the Admiralty Island Na-
tional Monument and sections 503 and 504 of that
Act provided special provisions under which the
Greens Creek Claims would be developed. The provi-
sions supplemented the general mining laws under
which these claims were staked.
(2) The Kennecott Greens Creek Mining Com-
pany, Inc., currently holds title to the Greens Creek
Claims, and the area surrounding these claims has
further mineral potential which is yet unexplored.
(3) Negotiations between the United States For-
est Service and the Kennecott Greens Creek Mining
Company, Inc., have resulted in an agreement by
which the area surrounding the Greens Creek Claims
could be explored and developed under terms and con-
ditions consistent with the protection of the values of
the Admiralty Island National Monument.
(4) The full effectuation of the Agreement, by its
terms, requires the approval and ratification by Con-
gress.
SEC. 3. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Agreement’’ means the document
entitled the ‘‘Greens Creek Land Exchange Agree-
ment’’ executed on December 14, 1994, by the Under
Secretary of Agriculture for Natural Resources and
Environment on behalf of the United States and the
Kennecott Greens Creek Mining Company and
Kennecott Corporation;
(2) the term ‘‘ANILCA’’ means the Alaska Na-
tional Interest Lands Conservation Act, Public Law
96–487 (94 Stat. 2371);
(3) the term ‘‘conservation system unit’’ has the
same meaning as defined in section 102(4) of
ANILCA;
(4) the term ‘‘Greens Creek Claims’’ means those
patented mining claims of Kennecott Greens Creek
Mining Company within the Monument recognized
pursuant to section 504 of ANILCA;
(5) the term ‘‘KGCMC’’ means the Kennecott
Greens Creek Mining Company, Inc., a Delaware cor-
poration;
(6) the term ‘‘Monument’’ means the Admiralty
Island National Monument in the State of Alaska es-
tablished by section 503 of ANILCA;
(7) the term ‘‘Royalty’’ means Net Island Re-
ceipts Royalty as that latter term is defined in Ex-
hibit C to the Agreement; and
(8) the term ‘‘Secretary’’ means the Secretary of
Agriculture.
SEC. 4. RATIFICATION OF THE AGREEMENT.
The Agreement is hereby ratified and confirmed as to
the duties and obligations of the United States and its agen-
cies, and KGCMC and Kennecott Corporation, as a matter
of Federal law. The agreement may be modified or
amended, without further action by the Congress, upon
written agreement of all parties thereto and with notifica-
tion in writing being made to the appropriate committees
of the Congress.
SEC. 5. IMPLEMENTATION OF THE AGREEMENT.
(a) LAND ACQUISITION.—Without diminishment of
any other land acquisition authority of the Secretary in
Alaska and in furtherance of the purposes of the Agreement,
the Secretary is authorized to acquire lands and interests
in land within conservation system units in the Tongass
National Forest, and any land or interest in land so ac-
quired shall be administered by the Secretary as part of
the National Forest System and any conservation system
unit in which it is located. Priority shall be given to acqui-
sition of non-Federal lands within the Monument.
(b) ACQUISITION FUNDING.—There is hereby estab-
lished in the Treasury of the United States an account enti-
tled the ‘‘Greens Creek Land Exchange Account’’ into which
shall be deposited the first $5,000,000 in royalties received
by the United States under part 6 of the Agreement after
the distribution of the amounts pursuant to subsection (c)
of this section. Such moneys in the special account in the
Treasury may, to the extent provided in appropriations
Acts, be used for land acquisition pursuant to subsection
(a) of this section.
(c) TWENTY-FIVE PERCENT FUND.—All royalties paid
to the United States under the Agreement shall be subject
to the 25 percent distribution provisions of the Act of May
23, 1908, as amended (16 U.S.C. 500) relating to payments
for roads and schools.
(d) MINERAL DEVELOPMENT.—Notwithstanding any
provision of ANILCA to the contrary, the lands and inter-
ests in lands being conveyed to KGCMC pursuant to the
Agreement shall be available for mining and related activi-
ties subject to and in accordance with the terms of the
Agreement and conveyances made thereunder.
(e) ADMINISTRATION.—The Secretary of Agriculture is
authorized to implement and administer the rights and ob-
ligations of the Federal Government under the Agreement,
including monitoring the Government’s interests relating to
extralateral rights, collecting royalties, and conducting au-
dits. The Secretary may enter into cooperative arrange-
ments with other Federal agencies for the performance of
any Federal rights or obligations under the Agreement or
this Act.
(f) REVERSIONS.—Before reversion to the United
States of KGCMC properties located on Admiralty Island,
KGCMC shall reclaim the surface disturbed in accordance
with an approved plan of operations and applicable laws
and regulations. Upon reversion to the United States of
KGCMC properties located on Admiralty, those properties
located within the Monument shall become part of the
Monument and those properties lying outside the Monument
shall be managed as part of the Tongass National Forest.
(g) SAVINGS PROVISIONS.—Implementation of the
Agreement in accordance with this Act shall not be deemed
a major Federal action significantly affecting the quality
of the human environment, nor shall implementation re-
quire further consideration pursuant to the National His-
toric Preservation Act, title VIII of ANILCA, or any other
law.
SEC. 6. RECISION RIGHTS.
Within 60 days of the enactment of this Act, KGCMC
and Kennecott Corporation shall have a right to rescind
all rights under the Agreement and this Act. Recision shall