H. R. 1948
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hood Bay Land Exchange Act
of 1997’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act
established the Admiralty Island National Monument which
is managed by the Secretary of Agriculture, by and through
the Forest Service.
(2) The Forest Service has established a policy of encourag-
ing the acquisition of private land inholdings within Admiralty
Island National Monument on a willing buyer/willing seller
basis. Congress has supported this policy, for example by pas-
sage of the Greens Creek Land Exchange Act of 1996 which
provided for a land exchange of certain public and private
lands in Admiralty Island National Monument.
(3) Lands owned by Alaska Pulp Corporation, consisting
of 54 acres, more or less, located in Hood Bay on Admiralty
Island within the boundaries of the Kootznoowoo Wilderness
are available for transfer to Federal ownership on a willing
seller/willing buyer basis. The acquisition of these lands would
provide Federal ownership of this valuable land in a critical
area of Admiralty Island National Monument.
(4) The United States is the owner of certain reversionary
interests to 143.87 acres, more or less, located adjacent to
Silver Bay near Sitka, Alaska, which interests were reserved
in patent No. 1213671 issued to the Alaska Pulp Corporation
on October 18, 1960. The transfer of the reversionary interests
of the United States in such lands adjacent to Silver Bay
to the Alaska Pulp Corporation would facilitate future use
and development of that land.
(5) The future acquisition by the United States of the
Chaik Bay property on Admiralty Island to be incorporated
into the Kootznoowoo Wilderness would be in the public
interest.
H. R. 1948—2
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ‘‘ANILCA’’ means the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101 et seq.).
(2) The term ‘‘Company’’ means the Alaska Pulp Corpora-
tion, an Alaska corporation, its successors, and assigns.
(3) The term ‘‘Company Property’’ means the property
depicted on United States Survey Plat 1058 approved March
20, 1917, consisting of approximately 54 acres of land.
(4) The term ‘‘Federal Property’’ means the reversionary
interest of the United States described in paragraphs (6) and
(7) of the patent dated October 18, 1960, granted by the Bureau
of Land Management to Alaska Lumber & Pulp Co., which
was recorded at Book 15, Pages 271–273, Sitka Recording Dis-
trict on November 9, 1960. The term ‘‘Federal Property’’ does
not include the interests described in paragraphs (1) through
(5) of the said patent.
(5) The term ‘‘Monument’’ means the Admiralty Island
National Monument, which was established by section 503 of
ANILCA and which is managed by the Secretary of Agriculture
as a unit of the National Forest System.
(6) The term ‘‘Secretary’’ means the Secretary of Agri-
culture.
(7) The term ‘‘Sitka’’ means the city and borough of Sitka,
Alaska, a home-rule borough formed in accordance with the
laws of the State of Alaska.
(8) The term ‘‘Sitka Property’’ means the property depicted
on the maps entitled ‘‘Sitka Property’’, dated August 29, 1997,
consisting of approximately 49 acres of land.
SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT.
(a) EXCHANGE
OF COMPANY
AND FEDERAL PROPERTY.—After
the Company conveys to the United States, by general warranty
deed, all right, title, and interest of the Company in and to the
Company Property, the Secretary shall within 60 days of acceptance
of delivery of said deed, unconditionally and without limitation
except as provided herein, relinquish to the Company all right,
title, and interest of the United States in and to the Federal
Property and shall evidence that relinquishment by conveying to
the Company a quitclaim deed to the Federal Property.
(b) RELINQUISHMENT OF PROPERTY TO SITKA.—Upon relinquish-
ment of the Federal Property to the Company under subsection
(a), the Company shall transfer all right, title, and interest of
the Company in the Sitka Property to Sitka.
(c) AVAILABILITY OF MAPS.—The maps referred to in section
3(3) depicting the Company Property and in section 3(4) depicting
the Federal Property shall be on file and available for public inspec-
tion in the Office of the Forest Supervisor, Chatham Area, Tongass
National Forest, in Sitka, Alaska. The maps referred to in section
3(8) depicting the Sitka Property shall be on file and available
for public inspection in the Office of the Manager of the city and
borough of Sitka, Alaska, until the conveyance described in sub-
section (b), at which time the maps shall be recorded along with
the deed.
H. R. 1948—3
SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO
LAND EXCHANGE.
(a) SURVEYS.—Notwithstanding any other provision of law, the
Secretary of the Interior may conduct and approve all cadastral
surveys that are necessary for completion of the exchange. The
cost of any surveys shall be borne by the Company.
(b) EQUAL VALUE EXCHANGE.—The values of the Federal Prop-
erty and the Company Property are deemed to be of equal value.
(c) ADMINISTRATION.—The Secretary is directed to implement
and administer the rights and obligations of the United States
under this Act.
(d) CLEANUP OBLIGATIONS.—Nothing in this Act shall impact
or alter the Company’s rights, duties, and obligations regarding
investigation, remediation, cleanup, and restoration under its
September 10, 1995, Commitment Agreement with the State of
Alaska or other applicable law. The Company shall use its property
consistent with all restrictive covenants, including those restrictive
covenants recorded on September 4, 1997.
(e) TITLE STANDARDS.—Title to the Company Property to be
conveyed to the United States shall be acceptable to the Secretary
consistent with the title review standard of the Attorney General
of the United States.
SEC. 6. GENERAL PROVISIONS.
(a) MANAGEMENT OF COMPANY PROPERTY.—Upon acquisition
of the Company Property by the United States pursuant to this
Act, said property shall be managed as a part of the Admiralty
Island National Monument and the Kootznoowoo Wilderness.
(b) AUTHORIZATION
TO
NEGOTIATE
FOR
ACQUISITION
OF
PROPERTY.—In furtherance of the purposes of the Kootznoowoo
Wilderness, the Secretary, acting through the Forest Service, is
authorized to enter into negotiations with the owners of private
property in Chaik Bay on Admiralty Island, with the objective
of acquiring such property. The Secretary is authorized to enter
into an option to purchase or an exchange agreement with the
owners of such property to be effected either through existing
administrative mechanisms provided by law and regulation, or by
subsequent ratification by Act of Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.