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 Sys-
tem Units, 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 Wil-
derness Designation Act of 1993’’.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ‘‘land’’ means lands, waters, and
interests therein;
(2) The term ‘‘public lands’’ means land situ-
ated in Alaska which, after the date of enactment of
this Act, the title is in the United States, except—
(A) land selections of the State of Alaska
which have been tentatively approved or validly
selected under the Alaska Statehood Act and
lands which have been confirmed to, validly se-
lected by, or granted to the Territory of Alaska
or the State under any other provisions of
Federal law; and
(B) land selections of a Native Corporation
made under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) which have
not been conveyed to a Native Corporation, un-
less any such selection is determined to be in-
valid or is relinquished.
(3) The term ‘‘Native Corporation’’ means any
Regional Corporation, any Village Corporation, any
Native group and those Native entities which have
incorporated pursuant to section 14(h)(3) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(3)).
(4) The term ‘‘Regional Corporation’’ has the
same meaning as such term has under section 3(g)
of the Alaska Native Claims Settlement Act.
(5) The term ‘‘Village Corporation’’ has the
same meaning as such term has under section 3(j)
of the Alaska Native Claims Settlement Act.
(6) The term ‘‘Native group’’ has the same
meaning as such term has under sections 3(d) and
14(h)(2) of the Alaska Native Claims Settlement
Act.
(7) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(8) The term ‘‘Alaska Statehood Act’’ means
the Act entitled ‘‘An Act to provide for the admis-
sion of the State of Alaska into the Union’’, ap-
proved July 7, 1958 (72 Stat. 339), as amended.
(9) The term ‘‘State’’ means the State of
Alaska.
(10) The term ‘‘Koniag’’ means Koniag, Incor-
porated, a Regional Corporation.
(11) The term ‘‘Selection Rights’’ means those
rights granted to Koniag pursuant to sections 12(a),
12(b), and 14(h)(8) of the Alaska Native Claims
Settlement Act (85 Stat. 688), as amended, to re-
ceive title to the oil and gas rights and other inter-
ests in the subsurface estate of approximately two
hundred and seventy-five thousand acres of public
lands in the State of Alaska which lands are identi-
fied as ‘‘Koniag Selections’’ on the map entitled
‘‘Koniag Interest Lands, Alaska Peninsula’’, dated
May 1989.
(12) The term ‘‘agency’’ includes—
(A) any instrumentality of the United
States;
(B) any element of an agency; and
(C) any wholly owned or mixed-owned cor-
poration of the United States Government iden-
tified in chapter 91 of title 31, United States
Code.
(13) The term ‘‘property’’ has the same mean-
ing as is provided the term in section 12(b)(7) of
Public Law 94–9204 (43 U.S.C. 1611 note), as
amended.’’.
SEC. 3. DESIGNATION OF WILDERNESS.
(a) DESIGNATION
OF WILDERNESS.—The public
lands within the boundaries depicted as ‘‘Proposed Wilder-
ness’’ on the following identified maps are hereby des-
ignated as wilderness, and therefore as components of the
National Wilderness Preservation System, with the no-
menclature and approximate acreage as indicated below:
(1) Aniakchak Wilderness of approximately five
hundred and three thousand acres within the
Aniakchak National Monument and Preserve and
which is generally depicted upon the map entitled
‘‘Aniakchak Wilderness’’ dated July 1992.
(2) Alaska Peninsula Wilderness of approxi-
mately one million eight hundred and seventy-six
thousand acres within the Alaska Peninsula Na-
tional Wildlife Refuge and which is generally de-
picted upon the map entitled ‘‘Alaska Peninsula Wil-
derness’’ dated July 1992.
(3) Approximately three hundred and forty-
seven thousand acres within the Becharof National
Wildlife Refuge as an addition to the existing
Becharof Wilderness, as generally depicted upon the
map entitled ‘‘Becharof Additional Wilderness’’
dated July 1992.
(b) MAP
AND LEGAL DESCRIPTION.—As soon as
practicable after the enactment of this Act, a map and
legal description of each wilderness area designated by this
Act shall be published in the Federal Register and filed
with the Committee on Interior and Insular Affairs and
the Committee on Merchant Marine and Fisheries of the
House of Representatives and with the Committee on En-
ergy and Natural Resources of the Senate. Each such legal
description shall have the same force and effect as if in-
cluded in this Act, except that the Secretary may correct
clerical and typographical errors in such legal description
and map. A copy of each map shall be available for public
inspection in an appropriate office of the National Park
Service and the Fish and Wildlife Service, Department of
the Interior.
(c) LANDS INCLUDED.—Except for those lands sub-
ject to Koniag Selection Rights which are subsequently re-
linquished pursuant to section 5, only those lands within
the boundaries of any wilderness area which are public
lands (as such term is defined in this Act) shall be deemed
to be included as a portion of such area. No lands within
the boundaries of any wilderness area designated pursuant
to section 3(a) hereof and which, before, on, or after the
date of enactment of this Act, are conveyed to the State,
to any Native Corporation, or to any private party, shall
be subject to the regulations applicable solely to public
lands within such wilderness areas. Any lands subject to
Koniag Selection Rights relinquished to the United States
pursuant to section 5 which are within the boundaries of
a wilderness area designated by this Act shall become part
of such wilderness areas and be administered accordingly.
SEC. 4. MANAGEMENT OF WILDERNESS AREAS.
(a) GENERALLY.—Except as provided in subsection
(b) of this section, and subject to valid existing rights, the
lands designated as Aniakchak Wilderness by this Act
shall be managed by the Secretary of the Interior in the
same manner as the lands designated as wilderness by sec-
tion 701 of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3101 et seq.), and the other lands
designated as wilderness by this Act shall be managed by
such Secretary in the same manner as the lands des-
ignated as wilderness by section 702 of such Act.
(b) PERMITS.—(1) Any special use or concession per-
mit which was in existence during 1991 for operations on
lands designated as wilderness by this Act and which ex-
cept for designation of such lands as wilderness could have
remained in effect or been renewed by or reissued to the
same permittee, may be renewed or reissued to such per-
mittee, subject to the provisions of this subsection.
(2) Nothing in this Act shall require renewal or
reissuance of a permit if the Secretary, for reasons other
than the designation of lands as wilderness, determines
that such action would be inconsistent with applicable law
or established regulations. Nothing in this Act shall pre-
clude the Secretary from canceling or otherwise restricting
any permit for any reason other than the designation of
lands as wilderness.
(3) No renewal or reissuance of a permit described
in paragraph (1) of this subsection shall be for a period
longer than the lifetime of the permittee, and no such per-
mit shall be transferable or assignable.
(4) Designation of lands as wilderness shall not pre-
vent any structures and other improvements authorized by
a permit described in paragraph (1), including cabins,
from continuing to be used, maintained, and if necessary,
replaced, to the extent otherwise permissible, but no addi-
tional structures or other improvements shall be permitted
on lands so designated.
SEC. 5. ACQUISITION OF KONIAG SELECTION RIGHTS.
(a) IN GENERAL.—(1) If the Secretary receives from
Koniag a timely tender of relinquishment of the Selection
Rights, the Secretary shall accept such tender no later
than 60 days after its receipt, and shall notify the Sec-
retary of the Treasury of such acceptance.
(2) For purposes of this subsection, a tender by
Koniag shall be timely if it is received by the Secretary
no later than 180 days after either—
(A) receipt by Koniag of the Secretary’s deter-
mination of the value of the Selection Rights pursu-
ant to subsection (b) of this section, or
(B) the outcome of the procedures established
by subsection (b) of this section for resolution of any
dispute regarding such value,
whichever last occurs, unless the Secretary and Koniag
agree to modify his deadline.
(b) VALUE.—(1) The value of the Selection Rights
shall be equal to the fair market value of the oil and gas
interests, and where appropriate the fair market value of
the subsurface estate of the lands or interests in lands.
(2) Within 90 days after the date of enactment of
this Act, Koniag and the Secretary shall meet to determine
the identity of a qualified appraiser who shall perform an
appraisal of the Selection Rights in conformity with the
standards of the Appraisal Foundation and utilizing the
methodology customarily used by the Minerals Manage-
ment Service of the Department of the Interior in valuing
such interests. Such appraiser shall be selected by the mu-
tual agreement of Koniag and the Secretary, or if such
agreement is not reached within 60 days after such initial
meeting, then Koniag and the Secretary, no later than 90
days after such initial meeting, shall each designate an
appraiser who is qualified to perform the appraisal. The
2 appraisers so identified shall select a third qualified ap-
praiser who shall perform the appraisal. Within 180 days
after the selection of the third appraiser, a written ap-
praisal report setting out the value of the Selection Rights
and the methodology used to arrive at it, shall be delivered
to the Secretary and to Koniag.
(3) Within 60 days after the receipt of the appraisal
report described in paragraph (2), the Secretary shall de-
termine the value of the Selection Rights and shall imme-
diately notify Koniag of such determination. If Koniag
does not agree with the value as determined by the Sec-
retary, the procedures specified in section 206(d) of Public
Law 94–579, as amended, shall be used to establish the
value, but the average value per acre of the Selection
Rights shall not be more than $300.
SEC. 6. KONIAG ACCOUNT.
(a) ESTABLISHMENT.—(1) Notwithstanding any
other provision of law, on October 1, 1996, the Secretary
of the Treasury, in consultation with the Secretary, shall
establish a Koniag Account.
(2) Beginning on October 1, 1996, the balance of the
account shall—
(A) be available to Koniag for bidding on and
purchasing property sold at public sale, subject to
the conditions described in paragraph (3); and
(B) remain available until expended.
(3)(A) Koniag may use the account established under
paragraph (1) to bid as any other bidder for property
(wherever located) at any public sale by an agency and
may purchase the property in accordance with applicable
laws and regulations of the agency offering the property
for sale. Notwithstanding any other provision of law, the
right to draw against such account shall be assignable in
whole or in part by Koniag, but no assignment shall be
recognized by the Secretary of the Treasury until written
notice thereof is filed with the Secretary of the Treasury
and the Secretary of the Interior by Koniag.
(B) In conducting a transaction described in subpara-
graph (A), an agency shall accept, in the same manner
as cash, any amount tendered from the account estab-
lished by the Secretary of the Treasury under paragraph
(1). The Secretary of the Treasury shall adjust the bal-
ance of the account to reflect the transaction.
(C) The Secretary of the Treasury, in consultation
with the Secretary of the Interior, shall establish proce-
dures to permit the account established under paragraph
(1) to—
(i) receive deposits;
(ii) make deposits into escrow when an escrow
is required for the sale of any property; and
(iii) reinstate to the account any unused escrow
deposits in the event sales are not consummated.
(b) AMOUNT.—The initial balance of the account es-
tablished in subsection (a) shall be equal to the value of
the Selection Rights as determined pursuant to section 5
of this Act.
(c) TREATMENT OF AMOUNTS FROM ACCOUNT.—(1)
The Secretary of the Treasury shall deem as cash pay-
ments any amount tendered from the account established
pursuant to subsection (a) and received by agencies as
proceeds from a public sale of property, and shall make
any transfers necessary to allow an agency to use the pro-
ceeds in the event an agency is authorized by law to use
the proceeds for a specific purpose.
(2)(A) Subject to subparagraph (B), the Secretary of
the Treasury and the heads of agencies shall administer
sales pursuant to this section in the same manner as is
provided for any other Alaska native corporation author-
ized by law as of the date of enactment of this section
(including the use of similar accounts for bidding on and
purchasing property sold for public sale).
(B) Amounts in an account created for the benefit
of a specific Alaska native corporation may not be used
to satisfy the property purchase obligations of any other
Alaska native corporation.
(d) REVENUES.—The Selection Rights 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.).
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