II
Calendar No. 213
104TH CONGRESS
1ST SESSION
H. R. 1266
[Report No. 104–163]
IN THE SENATE OF THE UNITED STATES
MAY 16 (legislative day, MAY 15), 1995
Received; read twice and referred to the Committee on Energy and Natural
Resources
OCTOBER 19 (legislative day, OCTOBER 18), 1995
Reported by Mr. MURKOWSKI, without amendment
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 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
Exchange 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
Forest Service and the Kennecott Greens Creek
Mining Company, Inc., have resulted in an agree-
ment by which the area surrounding the Greens
Creek Claims could be explored and developed under
terms and conditions 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
Congress.
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 Re-
sources 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 recog-
nized pursuant to section 504 of ANILCA;
(5) the term ‘‘KGCMC’’ means the Kennecott
Greens Creek Mining Company, Inc., a Delaware
corporation;
(6) the term ‘‘Monument’’ means the Admiralty
Island National Monument in the State of Alaska
established 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
agencies, 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 Agree-
ment, the Secretary is authorized to acquire lands and in-
terests in land within conservation system units in the
Tongass National Forest, and any land or interest in land
so acquired shall be administered by the Secretary as part
of the National Forest System and any conservation sys-
tem unit in which it is located. Priority shall be given to
acquisition of non-Federal lands within the Monument.
(b) ACQUISITION FUNDING.—There is hereby estab-
lished in the Treasury of the United States an account
entitled 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 Agree-
ment 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
obligations of the Federal Government under the Agree-
ment, including monitoring the Government’s interests re-
lating to extralateral rights, collecting royalties, and con-
ducting audits. The Secretary may enter into cooperative
arrangements with other Federal agencies for the per-
formance 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 Monu-
ment 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 implementa-
tion require further consideration pursuant to the Na-
tional Historic 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