(1) striking ‘‘approximately six million four
hundred and sixty thousand acres’’ and inserting in
lieu thereof ‘‘approximately 6,477,168 acres’’; and
(2) inserting ‘‘and the map entitled ‘Noatak
National Preserve and Noatak Wilderness Addition’
dated September 1994’’ after ‘‘July 1980’’.
(c) NOATAK WILDERNESS.—Section 701(7) of the
Alaska National Interest Lands Conservation Act (94
Stat. 2417) is amended by striking ‘‘approximately five
million eight hundred thousand acres’’ and inserting in
lieu thereof ‘‘approximately 5,817,168 acres’’.
SEC. 5. CONFORMANCE WITH OTHER LAW.
(a) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All
of the lands, or interests therein, conveyed to and received
by Arctic Slope Regional Corporation or Nunamiut Cor-
poration pursuant to the Agreement shall be deemed con-
veyed and received pursuant to exchanges under section
22(f) of the Alaska Native Claims Settlement Act, as
amended (43 U.S.C. 1601, 1621(f)). All of the lands or
interests in lands conveyed pursuant to the Agreement
shall be conveyed subject to valid existing rights.
(b) ALASKA NATIONAL INTEREST LANDS CONSERVA-
TION ACT.—Except to the extent specifically set forth in
this Act or the Agreement, nothing in this Act or in the
Agreement shall be construed to enlarge or diminish the
rights, privileges, or obligations of any person, including
specifically the preference for subsistence uses and access
to subsistence resources provided under the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C. 3101
et seq.).
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Anaktuvuk Pass Land
Exchange and Wilderness Redesignation Act of 1995’’.
TITLE 
I—ANAKTUVUK 
PASS 
LAND 
EX-
CHANGE AND WILDERNESS REDESIG-
NATION
SEC. 101. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Con-
servation Act (94 Stat. 2371), enacted on December 2,
1980, established Gates of the Arctic National Park
and Preserve and Gates of the Arctic Wilderness. The
village of Anaktuvuk Pass, located in the highlands of
the central Brooks Range, is virtually surrounded by
these national park and wilderness lands and is the
only Native village located within the boundary of a
National Park System unit in Alaska.
(2) Unlike most other Alaskan Native commu-
nities, the village of Anaktuvuk Pass is not located on
a major river, lake, or coastline that can be used as
a means of access. The residents of Anaktuvuk Pass
have relied increasingly on snow machines in winter
and all-terrain vehicles in summer as their primary
means of access to pursue caribou and other subsist-
ence resources.
(3) In a 1983 land exchange agreement, linear
easements were reserved by the Inupiat Eskimo people
for use of all-terrain vehicles across certain national
park lands, mostly along stream and river banks.
These linear easements proved unsatisfactory, because
they provided inadequate access to subsistence re-
sources while causing excessive environmental impact
from concentrated use.
(4) 
The 
National 
Park 
Service 
and 
the
Nunamiut Corporation initiated discussions in 1985
to address concerns over the use of all-terrain vehicles
on park and wilderness land. These discussions re-
sulted in an agreement, originally executed in 1992
and thereafter amended in 1993 and 1994, among the
National Park Service, Nunamiut Corporation, the
City of Anaktuvuk Pass, and Arctic Slope Regional
Corporation. Full effectuation of this agreement, as
amended, by its terms requires ratification by the
Congress.
SEC. 102. RATIFICATION OF AGREEMENT.
(a) RATIFICATION.—
(1) IN GENERAL.—The terms, conditions, proce-
dures, covenants, reservations and other provisions set
forth in the document entitled ‘‘Donation, Exchange
of Lands and Interests in Lands and Wilderness Re-
designation Agreement Among Arctic Slope Regional
Corporation, 
Nunamiut 
Corporation, 
City 
of
Anaktuvuk Pass and the United States of America’’
(hereinafter referred to in this Act as ‘‘the Agree-
ment’’), executed by the parties on December 17, 1992,
as amended, are hereby incorporated in this Act, are
ratified and confirmed, and set forth the obligations
and commitments of the United States, Arctic Slope
Regional Corporation, Nunamiut Corporation and
the City of Anaktuvuk Pass, as a matter of Federal
law.
(2) LAND ACQUISITION.—Lands acquired by the
United States pursuant to the Agreement shall be ad-
ministered by the Secretary of the Interior (herein-
after referred to as the ‘‘Secretary’’) as part of Gates
of the Arctic National Park and Preserve, subject to
the laws and regulations applicable thereto.
(b) MAPS.—The maps set forth as Exhibits C1, C2,
and D through I to the Agreement depict the lands subject
to the conveyances, retention of surface access rights, access
easements and all-terrain vehicle easements. These lands are
depicted in greater detail on a map entitled ‘‘Land Ex-
change Actions, Proposed Anaktuvuk Pass Land Exchange
and Wilderness Redesignation, Gates of the Arctic National
Park and Preserve’’, Map No. 185/80,039, dated April 1994,
and on file at the Alaska Regional Office of the National
Park Service and the offices of Gates of the Arctic National
Park and Preserve in Fairbanks, Alaska. Written legal de-
scriptions of these lands shall be prepared and made avail-
able in the above offices. In case of any discrepancies, Map
No. 185/80,039 shall be controlling.
SEC. 103. NATIONAL PARK SYSTEM WILDERNESS.
(a) GATES OF THE ARCTIC WILDERNESS.—
(1) REDESIGNATION.—Section 701(2) of the
Alaska National Interest Lands Conservation Act (94
Stat. 2371, 2417) establishing the Gates of the Arctic
Wilderness is hereby amended with the addition of
approximately 56,825 acres as wilderness and the re-
scission of approximately 73,993 acres as wilderness,
thus revising the Gates of the Arctic Wilderness to ap-
proximately 7,034,832 acres.
(2) MAP.—The lands redesignated by paragraph
(1) are depicted on a map entitled ‘‘Wilderness Ac-
tions, Proposed Anaktuvuk Pass Land Exchange and
Wilderness Redesignation, Gates of the Arctic Na-
tional Park and Preserve’’, Map No. 185/80,040,
dated April 1994, and on file at the Alaska Regional
Office of the National Park Service and the office of
Gates of the Arctic National Park and Preserve in
Fairbanks, Alaska.
(b) NOATAK NATIONAL PRESERVE.—Section 201(8)(a)
of the Alaska National Interest Land Conservation Act (94
Stat. 2380) is amended by—
(1) striking ‘‘approximately six million four
hundred and sixty thousand acres’’ and inserting in
lieu thereof ‘‘approximately 6,477,168 acres’’; and
(2) inserting ‘‘and the map entitled ‘Noatak Na-
tional Preserve and Noatak Wilderness Addition’
dated September 1994’’ after ‘‘July 1980’’.
(c) NOATAK WILDERNESS.—Section 701(7) of the
Alaska National Interest Lands Conservation Act (94 Stat.
2417) is amended by striking ‘‘approximately five million
eight hundred thousand acres’’ and inserting in lieu thereof
‘‘approximately 5,817,168 acres’’.
SEC. 104. CONFORMANCE WITH OTHER LAW.
(a) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All
of the lands, or interests therein, conveyed to and received
by Arctic Slope Regional Corporation or Nunamiut Cor-
poration pursuant to the Agreement shall be deemed con-
veyed and received pursuant to exchanges under section
22(f) of the Alaska Native Claims Settlement Act, as amend-
ed (43 U.S.C. 1601, 1621(f)). All of the lands or interests
in lands conveyed pursuant to the Agreement shall be con-
veyed subject to valid existing rights.
(b) ALASKA NATIONAL INTEREST LANDS CONSERVA-
TION ACT.—Except to the extent specifically set forth in this
Act or the Agreement, nothing in this Act or in the Agree-
ment shall be construed to enlarge or diminish the rights,
privileges, or obligations of any person, including specifi-
cally the preference for subsistence uses and access to sub-
sistence resources provided under the Alaska National Inter-
est Lands Conservation Act (16 U.S.C. 3101 et seq.).
TITLE II—ALASKA PENINSULA
SUBSURFACE CONSOLIDATION
SEC. 201. DEFINITIONS.
As used in this Act:
(1) AGENCY.—The term agency—
(A) means—
(i) any instrumentality of the United
States; and
(ii) 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
as is provided for ‘‘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 4.
(5) PROPERTY.—The term ‘‘property’’ has the
same meaning as is provided in section 12(b)(7)(vii)
of Public Law 94–204 (43 U.S.C. 1611 note).
(6) REGIONAL
CORPORATION.—The term ‘‘Re-
gional Corporation’’ has the same meaning as is pro-
vided in section 3(g) of the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1602(g)).
(7) SECRETARY.—Except as otherwise provided,
the term ‘‘Secretary’’ means the Secretary of the Inte-
rior.
(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 Settlement
Act (43 U.S.C. 1611 and 1613(h)(8)), to receive title
to the oil and gas rights and other interests 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 entitled ‘‘Koniag In-
terest Lands, Alaska Peninsula’’, dated May 1989.
SEC. 202. ACQUISITION OF KONIAG SELECTION RIGHTS.
(a) The Secretary shall determine, pursuant to sub-
section (b) hereof, the value of Selection Rights which
Koniag possesses within the boundaries of Aniakchak Na-
tional Monument and Preserve, Alaska Peninsula 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 selec-
tion 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 se-
lect a qualified appraiser to conduct an ap-
praisal of the selection rights. Subject to
clause (ii), the appraiser shall be selected by
the mutual agreement of the Secretary 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 qualified to
perform the appraisal. The 2 appraisers so
identified shall select a third qualified ap-
praiser 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 Financial
Institutions Reform, Recovery, and Enforce-
ment Act of 1989 (12 U.S.C. 3350(9)); and
(ii) utilize risk adjusted discounted
cash flow methodology.
(C) SUBMISSION OF APPRAISAL REPORT.—
Not later than 180 days after the selection of an
appraiser pursuant to subparagraph (A), the ap-
praiser shall submit to the Secretary and to
Koniag a written appraisal report specifying the
value of the selection rights and the methodology
used to arrive at the value.
(3) DETERMINATION OF VALUE.—
(A) DETERMINATION BY THE SECRETARY.—
Not later than 60 days after the date of the re-
ceipt 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.—
(i) IN
GENERAL.—Subject to clause
(ii), if Koniag does not agree with the value
determined by the Secretary under subpara-
graph (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.
(ii) AVERAGE
VALUE
LIMITATION.—
The average value per acre of the selection
rights shall not be more than $300.
SEC. 203. KONIAG ACCOUNT.
(a) IN GENERAL.—
(1) The Secretary shall enter into negotiations
for an agreement or agreements to exchange Federal
lands or interests therein which are in the State of
Alaska for the Koniag Selection Rights referred to in
section 202.
(2) If the value of the Federal lands to be ex-
changed is less than the value of the Koniag Selection
Rights established in section 202, then the Secretary
may exchange the Federal lands for an equivalent
portion of the Koniag Selection Rights. The remain-
ing selection rights shall remain available for addi-
tional exchanges.
(3) For purposes of this section, the term ‘‘Fed-
eral lands’’ means lands or interests therein located
in Alaska, administered by the Secretary and the title
to which is in the United States but excluding all
lands and interests therein which are located within
a conservation system unit as defined in the Alaska
National Interest Lands Conservation Act section
102(4).
(b) ACCOUNT.—
(1) IN GENERAL.—With respect to any Koniag
Selection Rights for which an exchange has not been
completed by October 1, 2004 (hereafter in this section
referred to as ‘‘remaining selection rights’’), the Sec-
retary of the Treasury, in consultation with the Sec-
retary, shall, notwithstanding any other provision of
law, establish in the Treasury of the United States,
an account to be known as the Koniag Account. Upon
the relinquishment of the remaining selection rights to
the United States, the Secretary shall credit the
Koniag Account in the amount of the appraised value
of the remaining selection rights.
(2) INITIAL BALANCE.—The initial balance of the
Koniag Account shall be equal to the value of the se-
lection rights as determined pursuant to section 3(b).
(3) USE OF ACCOUNT.—
(A) IN GENERAL.—Amounts in the Koniag
Account shall—
(i) be made available by the Secretary
of the Treasury to Koniag for bidding on
and purchasing property sold at public sale,
subject to the conditions described in this
paragraph; and
(ii) remain available until expended.
(B) ASSIGNMENT.—
(i) IN GENERAL.—Subject to clause (ii)
and notwithstanding any other provision of
law, the right to request the Secretary of the
Treasury to withdraw funds from the
Koniag Account shall be assignable 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 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 offer-
ing 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.
(iii) 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 es-
tablish procedures to permit the Koniag Account 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.
(c) 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 of 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.
(d) REQUIREMENT
FOR
THE ADMINISTRATION
OF
SALES.—
(1) IN GENERAL.—Subject to paragraph (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 provided 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 Alaskan Native Cor-
poration.
(e) 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. 204. 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 Ac-
count.
(2) The receipt by a Settlement Trust (as defined
in section 3(t) of such Act (43 U.S.C. 1602(t)) of a
conveyance by Koniag of any right in the Koniag Ac-
count.
(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 this section.
Passed the House of Representatives February 1,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
HR 400 RS——2