amount necessary to equalize the values of the
non-Federal lands and the lands to be trans-
ferred out of Federal ownership. However, such
additional federally owned lands shall be limited
to those meeting the criteria for land exchanges
specified in the Targhee National Forest Land
and Resource Management Plan.
(2) PAYMENT OF MONEY.—The values may be
equalized by the payment of money as provided in
section 206(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716 (b)).
(h) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Federal lands’’ means the Fed-
eral lands described in subsection (d).
(2) The term ‘‘non-Federal lands’’ means the
non-Federal lands described in subsection (e).
(3) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
SEC. 302. ANAKTUVUK PASS LAND EXCHANGE.
(a) 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 Wilder-
ness. 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 subsistence resources.
(3) In a 1983 land exchange agreement, linear
easements were reserved by the Inupiat Eskimo peo-
ple for use of all-terrain vehicles across certain na-
tional park lands, mostly along stream and river
banks. These linear easements proved unsatisfactory,
because they provided inadequate access to subsist-
ence resources 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 vehi-
cles on park and wilderness land. These discussions
resulted in an agreement, originally executed in
1992 and thereafter amended in 1993 and 1994,
among the National Park Service, Nunamiut Cor-
poration, the City of Anaktuvuk Pass, and Arctic
Slope Regional Corporation. Full effectuation of this
agreement, as amended, by its terms requires ratifi-
cation by the Congress.
(b) RATIFICATION OF AGREEMENT.—
(1) RATIFICATION.—
(A) IN GENERAL.—The terms, conditions,
procedures, covenants, reservations, and other
provisions set forth in the document entitled
‘‘Donation, Exchange of Lands and Interests in
Lands and Wilderness Redesignation Agree-
ment Among Arctic Slope Regional Corpora-
tion, Nunamiut Corporation, City of Anaktuvuk
Pass and the United States of America’’ (here-
inafter referred to in this section as ‘‘the Agree-
ment’’), executed by the parties on December
17, 1992, as amended, are hereby incorporated
in this title, are ratified and confirmed, and set
forth the obligations and commitments of the
United States, Arctic Slope Regional Corpora-
tion, Nunamiut Corporation and the City of
Anaktuvuk Pass, as a matter of Federal law.
(B) LAND ACQUISITION.—Lands acquired
by the United States pursuant to the Agree-
ment shall be administered by the Secretary of
the Interior (hereinafter referred to as the
‘‘Secretary’’) as part of Gates of the Arctic Na-
tional Park and Preserve, subject to the laws
and regulations applicable thereto.
(2) 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 sur-
face access rights, access easements and all-terrain
vehicle easements. These lands are depicted in great-
er detail on a map entitled ‘‘Land Exchange Actions,
Proposed Anaktuvuk Pass Land Exchange and Wil-
derness 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 descriptions of
these lands shall be prepared and made available in
the above offices. In case of any discrepancies, Map
No. 185/80,039 shall be controlling.
(c) NATIONAL PARK SYSTEM WILDERNESS.—
(1) GATES OF THE ARCTIC WILDERNESS.—
(A) REDESIGNATION.—Section 701(2) of
the Alaska National Interest Lands Conserva-
tion Act (94 Stat. 2371, 2417) establishing the
Gates of the Arctic Wilderness is hereby
amended with the addition of approximately
56,825 acres of wilderness and the rescission of
approximately 73,993 acres as wilderness, thus
revising the Gates of the Arctic Wilderness to
approximately 7,034,832 acres.
(B) MAP.—The lands redesignated by sub-
paragraph (A) are depicted on a map entitled
‘‘Wilderness Actions, Proposed Anaktuvuk Pass
Land Exchange and Wilderness Redesignation,
Gates of the Arctic National Park and Pre-
serve’’, 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.
(2) NOATAK
NATIONAL
PRESERVE.—Section
201(8)(a) of the Alaska National Interest Land
Conservation Act (94 Stat. 2380) is amended by—
(A) striking ‘‘approximately six million
four hundred and sixty thousand acres’’ and in-
serting 
in 
lieu 
thereof 
‘‘approximately
6,477,168 acres’’; and
(B) inserting ‘‘and the map entitled
‘Noatak National Preserve and Noatak Wilder-
ness Addition’ dated September 1994’’ after
‘‘July 1980’’.
(3) NOATAK WILDERNESS.—Section 701(7) of
the Alaska National Interest Lands Conservation
Act (94 Stat. 2417) is amended by striking ‘‘ap-
proximately five million eight hundred thousand
acres’’ and inserting in lieu thereof ‘‘approximately
5,817,168 acres’’.
(d) CONFORMANCE WITH OTHER LAW.—
(1) ALASKA
NATIVE
CLAIMS
SETTLEMENT
ACT.—All of the lands, or interests therein, conveyed
to and received by Arctic Slope Regional Corporation
or Nunamiut Corporation pursuant to the Agree-
ment shall be deemed conveyed and received pursu-
ant 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.
(2) ALASKA NATIONAL INTEREST LANDS CON-
SERVATION ACT.—Except to the extent specifically
set forth in this section or the Agreement, nothing
in this section or in the Agreement shall be con-
strued 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.).
SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDA-
TION.
(a) DEFINITIONS.—As used in this section:
(1) AGENCY.—The term agency—
(A) means any instrumentality of the Unit-
ed States, and 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) FEDERAL LANDS OR INTEREST THEREIN.—
The term ‘‘Federal lands or interests therein’’
means any lands or properties owned by the United
States (A) which are administered by the Secretary,
or (B) which are subject to a lease to third parties,
or (C) which have been made available to the Sec-
retary for exchange under this section through the
concurrence of the director of the agency administer-
ing such lands or properties: Provided however, That
excluded from such lands shall be those lands which
are within an existing conservation system unit as
defined in section 102(4) of the Alaska National In-
terest Lands Conservation Act (16 U.S.C. 3102(4)),
and those lands the mineral interest for which are
currently under mineral lease.
(4) KONIAG.—The term ‘‘Koniag’’ means
Koniag, Incorporated, which is a regional Corpora-
tion.
(5) REGIONAL CORPORATION.—The term ‘‘Re-
gional Corporation’’ has the same meaning as is pro-
vided in section 3(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(g)).
(6) SECRETARY.—Except as otherwise provided,
the term ‘‘Secretary’’ means the Secretary of the In-
terior.
(7) SELECTION RIGHTS.—The term ‘‘selection
rights’’ means those rights granted to Koniag, and
confirmed as valid selections (within Koniag’s enti-
tlement) pursuant to subsections (a) and (b) of sec-
tion 12, and section 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 Interest Lands, Alaska
Peninsula’’, dated May 1989.
(b) VALUATION OF KONIAG SELECTION RIGHTS.—
(1) IN GENERAL.—Pursuant to paragraph (2)
of this subsection, the Secretary shall value the Se-
lection Rights which Koniag possesses within the
boundaries of Aniakchak National Monument and
Preserve, Alaska Peninsula National Wildlife Ref-
uge, and Becharof National Wildlife Refuge.
(2) VALUE.—
(A) IN GENERAL.—The value of the selec-
tion rights shall be equal to the fair market
value of—
(i) the oil and gas interests in the
lands or interests in lands that are the
subject of the selection rights; and
(ii) in the case of the lands or inter-
ests 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.
(B) APPRAISAL.—
(i) SELECTION OF APPRAISER.—
(I) IN GENERAL.—Not later than
90 days after the date of enactment of
this section the Secretary and Koniag
shall meet to select a qualified ap-
praiser to conduct an appraisal of the
selection rights. Subject to subclause
(II), the appraiser shall be selected by
the mutual agreement of the Sec-
retary and Koniag.
(II) FAILURE TO AGREE.—If the
Secretary and Koniag fail to agree on
an appraiser by the date that is 60
days after the date of the initial meet-
ing referred to in subclause (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 appraiser who
shall perform the appraisal.
(ii) STANDARDS
AND
METHODOL-
OGY.—The appraisal shall be conducted in
conformity with the standards of the Ap-
praisal Foundation (as defined in section
1121(9) of the Financial Institutions Re-
form, Recovery, and Enforcement Act of
1989 (12 U.S.C. 3350(9)).
(iii) SUBMISSION OF APPRAISAL RE-
PORT.—Not later than 180 days after the
selection of an appraiser pursuant to
clause (i), the appraiser shall submit to the
Secretary and to Koniag a written ap-
praisal report specifying the value of the
selection rights and the methodology used
to arrive at the value.
(C) DETERMINATION OF VALUE.—
(i) DETERMINATION
BY
THE
SEC-
RETARY.—Not later than 60 days after the
date of the receipt of the appraisal report
under subparagraph (B)(iii), the Secretary
shall determine the value of the selection
rights and shall notify Koniag of the deter-
mination.
(ii) ALTERNATIVE
DETERMINATION
OF VALUE.—
(I) IN
GENERAL.—Subject to
subclause (II), if Koniag does not
agree with the value determined by
the Secretary under clause (i), the
procedures specified in section 206(d)
of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C.
1716(d)) shall be used to establish the
value.
(II) AVERAGE
VALUE
LIMITA-
TION.—The average value per acre of
the selection rights shall not be less
than the value utilizing the risk ad-
justed discount cash flow methodol-
ogy, but in no event may exceed $300.
(c) KONIAG ACCOUNT.—
(1) IN
GENERAL.—(A) The Secretary shall
enter into negotiations for an agreement or agree-
ments to exchange Federal lands or interests therein
which are in the State of Alaska for the Selection
Rights.
(B) If the value of the Federal property to be
exchanged is less than the value of the Selection
Rights established in subsection (b), and if such
Federal property to be exchanged is not generating
receipts to the Federal Government in excess of
$1,000,000 per year, then the Secretary may ex-
change the Federal property for that portion of the
Selection Rights having a value equal to that of the
Federal property. The remaining selection rights
shall remain available for additional exchanges.
(C) For the purposes of any exchange to be
consummated under this section, if less than all the
selection rights are being exchanged, then the value
of the selection rights being exchanged shall be equal
to the number of acres of selection rights being ex-
changed multiplied by a fraction, the numerator of
which is the value of all the selection rights as deter-
mined pursuant to subsection (b) hereof and the de-
nominator of which is the total number of acres of
selection rights.
(2) ADDITIONAL
EXCHANGES.—If, after 10
years from the date of the enactment of this section,
the Secretary was unable to conclude such exchanges
as may be required to acquire all of the selection
rights, he shall conclude exchanges for the remaining
selection rights for such Federal property as may be
identified by Koniag, which property is available for
transfer to the administrative jurisdiction of the Sec-
retary under any provision of law and which prop-
erty, at the time of the proposed transfer to Koniag
is not generating receipts of the Federal Government
in excess of $1,000,000 per year. The Secretary
shall keep Koniag advised in a timely manner as to
which properties may be available for such transfer.
Upon receipt of such identification by Koniag, the
Secretary shall request in a timely manner the
transfer of such identified property to the adminis-
trative jurisdiction of the Department of the Inte-
rior. Such property shall not be subject to the geo-
graphic limitations of section 206(b) of the Federal
Land Policy and Management Act and may be re-
tained by the Secretary solely for purposes of trans-
ferring it to Koniag to complete the exchange.
Should the value of the property so identified by
Koniag be in excess of the value of the remaining se-
lection rights, then Koniag shall have the option of
(A) declining to proceed with the exchange and iden-
tifying other property, or (B) paying the difference
in value between the property rights.
(3) REVENUES.—Any property received by
Koniag in an exchange entered into pursuant to
paragraph (1) or (2) shall be deemed to be an inter-
est in the subsurface for purposes of section 7(i) of
the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.): Provided however, That should Koniag
make a payment to equalize the value in any such
exchange, then Koniag will be deemed to hold an un-
divided interest in the property equal in value to
such payment which interest shall not be subject to
the provisions of section 7(i) of that Act.
(d) AUTHORITY TO APPOINT AND REMOVE TRUST-
EE.—In establishing a Settlement Trust under section 39
of the Alaska Native Claims Settlement Act (43 U.S.C.
1629c), Koniag may delegate, in whole or in part, the au-
thority granted to Koniag under subsection (b)(2) of such
section to any entity that Koniag may select without af-
fecting the status of the trust as a Settlement Trust under
such section.
SEC. 304. SNOWBASIN LAND EXCHANGE ACT.
(a) PURPOSE AND INTENT.—The purpose of this sec-
tion is to authorize and direct the Secretary to exchange
1,320 acres of federally-owned land within the Cache Na-
tional Forest in the State of Utah for lands approximately
equal value owned by the Sun Valley Company. It is the
intent of Congress that this exchange be completed with-
out delay within the period specified by subsection (d).
(b) DEFINITIONS.—As used in this section:
(1) The term ‘‘Sun Valley Company’’ means the
Sun Valley Company, a division of Sinclair Oil Cor-
poration, a Wyoming Corporation, or its successors
or assigns.
(2) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(c) EXCHANGE.—
(1) FEDERAL SELECTED LANDS.—(A) Not later
than 45 days after the final determination of value
of the Federal selected lands, the Secretary shall,
subject to this section, transfer all right, title, and
interest of the United States in and to the lands re-
ferred to in subparagraph (B) to the Sun Valley
Company.
(B) The lands referred to in subparagraph (A)
are certain lands within the Cache National Forest
in the State of Utah comprising 1,320 acres, more
or less, as generally depicted on the map entitled
‘‘Snowbasin Land Exchange—Proposed’’ and dated
October 1995.
(2) NON-FEDERAL
OFFERED
LANDS.—Upon
transfer of the Federal selected lands under para-
graph (1), and in exchange for those lands, the Sun
Valley Company shall simultaneously convey to the
Secretary all right, title and interest of the Sun Val-
ley Company in and to so much of the following of-
fered lands which have been previously identified by
the United States Forest Service as desirable by the
United States, or which are identified pursuant to
subparagraph (E) prior to the transfer of lands
under paragraph (1), as are of approximate equal
value to the Federal selected lands:
(A) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, which comprise approxi-
mately 640 acres and are generally depicted on
a map entitled ‘‘Lightning Ridge Offered
Lands’’, dated October 1995.
(B) Certain lands located within the Cache
National Forest in Weber County, Utah, which
comprise approximately 635 acres and are gen-
erally depicted on a map entitled ‘‘Wheeler
Creek Watershed Offered Lands—Section 2’’
dated October 1995.
(C) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, and lying immediately ad-
jacent to the outskirts of the City of Ogden,
Utah, which comprise approximately 800 acres
and are generally depicted on a map entitled
‘‘Taylor Canyon Offered Lands’’, dated October
1995.
(D) Certain lands located within the exte-
rior boundaries of the Cache National Forest in
Weber County, Utah, which comprise approxi-
mately 2,040 acres and are generally depicted
on a map entitled ‘‘North Fork Ogden River—
Devil’s Gate Valley’’, dated October 1995.
(E) Such additional offered lands in the
State of Utah as may be necessary to make the
values of the lands exchanged pursuant to this
section approximately equal, and which are ac-
ceptable to the Secretary.
(3) SUBSTITUTION
OF
OFFERED
LANDS.—If
one or more of the precise offered land parcels iden-
tified in subparagraphs (A) through (D) of para-
graph (2) is unable to be conveyed to the United
States due to appraisal or other reasons, or if the
Secretary and the Sun Valley Company mutually
agree and the Secretary determines that an alter-
native offered land package would better serve long-
term public needs and objectives, the Sun Valley
Company may simultaneously convey to the United
States alternative offered lands in the State of Utah
acceptable to the Secretary in lieu of any or all of
the lands identified in subparagraphs (A) through
(D) of paragraph (2).
(4) VALUATION AND APPRAISALS.—(A) Values
of the lands to be exchanged pursuant to this section
shall be equal as determined by the Secretary utiliz-
ing nationally recognized appraisal standards and in
accordance with section 206 of the Federal Land
Policy and Management Act of 1976. The appraisal
reports shall be written to Federal standards as de-
fined in the Uniform Appraisal Standards for Fed-
eral Land Acquisitions. If, due to size, location, or
use of lands exchanged under this section, the values
are not exactly equal, they shall be equalized by the
payment of cash equalization money to the Secretary
or the Sun Valley Company as appropriate in ac-
cordance with section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(b)). In order to expedite the consummation of
the exchange directed by this section, the Sun Valley
Company shall arrange and pay for appraisals of the
offered and selected lands by a qualified appraiser
with experience in appraising similar properties and
who is mutually acceptable to the Sun Valley Com-
pany and the Secretary. The appraisal of the Fed-
eral selected lands shall be completed and submitted
to the Secretary for technical review and approval no
later than 120 days after the date of enactment of
this Act, and the Secretary shall make a determina-
tion of value not later than 30 days after receipt of
the appraisal. In the event the Secretary and the
Sun Valley Company are unable to agree to the ap-
praised value of a certain tract or tracts of land, the
appraisal, appraisals, or appraisal issues in dispute
and a final determination of value shall be resolved
through a process of bargaining or submission to ar-
bitration in accordance with section 206(d) of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)).
(B) In order to expedite the appraisal of the
Federal selected lands, such appraisal shall—
(i) value the land in its unimproved state,
as a single entity for its highest and best use
as if in private ownership and as of the date of
enactment of this Act;
(ii) consider the Federal lands as an inde-
pendent property as though in the private mar-
ketplace and suitable for development to its
highest and best use;
(iii) consider in the appraisal any encum-
brance on the title anticipated to be in the con-
veyance to Sun Valley Company and reflect its
effect on the fair market value of the property;
and
(iv) not reflect any enhancement in value
to the Federal selected lands based on the exist-
ence of private lands owned by the Sun Valley
Company in the vicinity of the Snowbasin Ski
Resort, and shall assume that private lands
owned by the Sun Valley Company are not
available for use in conjunction with the Fed-
eral selected lands.
(d) GENERAL PROVISIONS RELATING TO THE EX-
CHANGE.—
(1) IN GENERAL.—The exchange authorized by
this section shall be subject to the following terms
and conditions:
(A) RESERVED
RIGHTS-OF-WAY.—In any
deed issued pursuant to subsection (c)(1), the
Secretary shall reserve in the United States a
right of reasonable access across the conveyed
property for public access and for administra-
tive purposes of the United States necessary to
manage adjacent federally-owned lands. The
terms of such reservation shall be prescribed by
the Secretary within 30 days after the date of
the enactment of this Act.
(B) RIGHT OF RESCISSION.—This section
shall not be binding on either the United States
or the Sun Valley Company if, within 30 days
after the final determination of value of the
Federal selected lands, the Sun Valley Company
submits to the Secretary a duly authorized and
executed resolution of the Company stating its
intention not to enter into the exchange author-
ized by this section.
(2) WITHDRAWAL.—Subject to valid existing
rights, effective on the date of enactment of this Act,
the Federal selected lands described in subsection
(c)(1) and all National Forest System lands cur-
rently under special use permit to the Sun Valley
Company at the Snowbasin Ski Resort are hereby
withdrawn from all forms of appropriation under the
public land laws (including the mining laws) and
from disposition under all laws pertaining to mineral
and geothermal leasing.
(3) DEED.—The conveyance of the offered
lands to the United States under this section shall
be by general warranty or other deed acceptable to
the Secretary and in conformity with applicable title
standards of the Attorney General of the United
States.
(4) STATUS OF LANDS.—Upon acceptance of
title by the Secretary, the land conveyed to the Unit-
ed States pursuant to this section shall become part
of the Wasatch or Cache National Forests as appro-
priate, and the boundaries of such National Forests
shall be adjusted to encompass such lands. Once
conveyed, such lands shall be managed in accordance
with the Act of March 1, 1911, as amended (com-
monly known as the ‘‘Weeks Act’’), and in accord-
ance with the other laws, rules and regulations ap-
plicable to National Forest System lands. This para-
graph does not limit the Secretary’s authority to ad-
just the boundaries pursuant to section 11 of the
Act of March 1, 1911 (‘‘Weeks Act’’). For the pur-
poses of section 7 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–9), the
boundaries of the Wasatch and Cache National For-
ests, as adjusted by this section, shall be considered
to be boundaries of the forests as of January 1,
1965.
(e) PHASE FACILITY CONSTRUCTION
AND OPER-
ATION.—
(1) PHASE I FACILITY FINDING AND REVIEW.—
(A) The Congress has reviewed the Snowbasin Ski
Area Master Development Plan dated October 1995
(hereafter in this subsection referred to as the
‘‘Master Plan’’). On the basis of such review, and re-
view of previously completed environmental and
other resource studies for the Snowbasin Ski Area,
Congress hereby finds that the ‘‘Phase I’’ facilities
referred to in the Master Plan to be located on Na-
tional Forest System land after consummation of the
land exchange directed by this section are limited in
size and scope, are reasonable and necessary to ac-
commodate the 2002 Olympics, and in some cases
are required to provide for the safety of skiing com-
petitors and spectators.
(B) Within 60 days after the date of enactment
of this Act, the Secretary and the Sun Valley Com-
pany shall review the Master Plan insofar as such
plan pertains to Phase I facilities which are to be
constructed and operated wholly or partially on Na-
tional Forest System lands retained by the Secretary
after consummation of the land exchange directed by
this section. The Secretary may modify such Phase
I facilities upon mutual agreement with the Sun Val-
ley Company or by imposing conditions pursuant to
paragraph (2) of this subsection.
(C) Within 90 days after the date of enactment
of this Act, the Secretary shall submit the reviewed
Master Plan on the Phase I facilities, including any
modifications made thereto pursuant to subpara-
graph (B), to the Committee on Energy and Natural
Resources of the United States Senate and the Com-
mittee on Resources of the United States House of
Representatives for a 30-day review period. At the
end of the 30-day period, unless otherwise directed
by Act of Congress, the Secretary may issue all nec-
essary authorizations for construction and operation
of such facilities or modifications thereof in accord-
ance with the procedures and provisions of para-
graph (2) of this subsection.
(2) PHASE I FACILITY APPROVAL, CONDITIONS,
AND TIMETABLE.—Within 120 days of receipt of an
application by the Sun Valley Company to authorize
construction and operation of any particular Phase
I facility, facilities, or group of facilities, the Sec-
this section and all determinations, authorizations,
and actions taken by the Secretary pursuant to this
section pertaining to Phase I facilities on National
Forest System lands, or any modifications thereof,
to be nondiscretionary actions authorized and di-
rected by Congress and hence to comply with all pro-
cedural and other requirements of the laws of the
United States. Such determinations, authorizations,
and actions shall not be subject to administrative or
judicial review.
(f) 
NO
PRECEDENT.—Nothing 
in 
subsection
(c)(4)(B) of this section relating to conditions or limita-
tions on the appraisal of the Federal lands, or any provi-
sion of subsection (e), relating to the approval by the Con-
gress or the Forest Service of facilities on National Forest
System lands, shall be construed as a precedent for subse-
quent legislation.
SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.
(a) FINDINGS.—Congress finds that:
(1) The Weyerhaeuser Company has offered to
the United States Government an exchange of lands
under which Weyerhaeuser would receive approxi-
mately 48,000 acres of Federal land in Arkansas
and Oklahoma and all mineral interests and oil and
gas interests pertaining to these exchanged lands in
which the United States Government has an interest
in return for conveying to the United States lands
owned by Weyerhaeuser consisting of approximately
181,000 acres of forested wetlands and other forest
land of public interest in Arkansas and Oklahoma
and all mineral interests and all oil and gas interests
pertaining to 48,000 acres of these 181,000 acres of
exchanged lands in which Weyerhaeuser has an in-
terest, consisting of—
(A) certain lands in Arkansas (Arkansas
Ouachita lands) located near Poteau Mountain,
Caney Creek Wilderness, Lake Ouachita, Little
Missouri Wild and Scenic River, Flatside Wil-
derness and the Ouachita National Forest;
(B) certain lands in Oklahoma (Oklahoma
lands) located near the McCurtain County Wil-
derness, the Broken Bow Reservoir, the Glover
River, and the Ouachita National Forest; and
(C) certain lands in Arkansas (Arkansas
Cossatot lands) located on the Little and
Cossatot Rivers and identified as the ‘‘Pond
Creek Bottoms’’ in the Lower Mississippi River
Delta section of the North American Waterfowl
Management Plan;
(2) acquisition of the Arkansas Cossatot lands
by the United States will remove the lands in the
heart of a critical wetland ecosystem from sustained
timber production and other development;
(3) the acquisition of the Arkansas Ouachita
lands and the Oklahoma lands by the United States
for administration by the Forest Service will provide
an opportunity for enhancement of ecosystem man-
agement of the National Forest System lands and
resources;
(4) the Arkansas Ouachita lands and the Okla-
homa lands have outstanding wildlife habitat and
important recreational values and should continue to
be made available for activities such as public hunt-
ing, fishing, trapping, nature observation, enjoy-
ment, education, and timber management whenever
these activities are consistent with applicable Fed-
eral laws and land and resource management plans;
these lands, especially in the riparian zones, also
harbor endangered, threatened and sensitive plants
and animals and the conservation and restoration of
these areas are important to the recreational and
educational public uses and will represent a valuable
ecological resource which should be conserved;
(5) the private use of the lands the United
States will convey to Weyerhaeuser will not conflict
with established management objectives on adjacent
Federal lands;
(6) the lands the United States will convey to
Weyerhaeuser as part of the exchange described in
paragraph (1) do not contain comparable fish, wild-
life, or wetland values;
(7) the values of all lands, mineral interests,
and oil and gas interests to be exchanged between
the United States and Weyerhaeuser are approxi-
mately equal in value; and
(8) the exchange of lands, mineral interests,
and oil and gas interests between Weyerhaeuser and
the United States is in the public interest.
(b) PURPOSE.—The purpose of this section is to au-
thorize and direct the Secretary of the Interior and the
Secretary of Agriculture, subject to the terms of this title,
to complete, as expeditiously as possible, an exchange of
lands, mineral interests, and oil and gas interests with
Weyerhaeuser that will provide environmental, land man-
agement, recreational, and economic benefits to the States
of Arkansas and Oklahoma and to the United States.
(c) DEFINITIONS.—As used in this section:
(1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ mean
the surface estate and any other interests therein ex-
cept for mineral interests and oil and gas interests.
(2) MINERAL INTERESTS.—The term ‘‘mineral
interests’’ means geothermal steam and heat and all
metals, ores, and minerals of any nature whatsoever,
except oil and gas interests, in or upon lands subject
to this title including, but not limited to, coal, lig-
nite, peat, rock, sand, gravel, and quartz.
(3) OIL AND GAS INTERESTS.—The term ‘‘oil
and gas interests’’ means all oil and gas of any na-
ture, including carbon dioxide, helium, and gas
taken from coal seams (collectively ‘‘oil and gas’’).
(4) SECRETARIES.—The term ‘‘Secretaries’’
means the Secretary of the Interior and the Sec-
retary of Agriculture.
(5) 
WEYERHAEUSER.—The 
term
‘‘Weyerhaeuser’’ means Weyerhaeuser Company, a
company incorporated in the State of Washington.
(d) EXCHANGE OF LANDS AND MINERAL INTER-
EST.—
(1) IN
GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law,
within 90 days after the date of the enactment of
this Act, the Secretary of Agriculture shall convey to
Weyerhaeuser, subject to any valid existing rights,
approximately 20,000 acres of Federal lands and
mineral interests in the State of Arkansas and ap-
proximately 28,000 acres of Federal lands and min-
eral interests in the State of Oklahoma as depicted
on maps entitled ‘‘Arkansas-Oklahoma Land Ex-
change—Federal Arkansas and Oklahoma Lands,’’
dated February 1996 and available for public inspec-
tion in appropriate offices of the Secretaries.
(2) OFFER AND ACCEPTANCE OF LANDS.—The
Secretary of Agriculture shall make the conveyance
to Weyerhaeuser if Weyerhaeuser conveys deeds of
title to the United States, subject to limitations and
the reservation described in subsection (e) and which
are acceptable to and approved by the Secretary of
Agriculture to the following—
(A) approximately 115,000 acres of lands
and mineral interests in the State of Oklahoma,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Okla-
homa Lands,’’ dated February 1996 and avail-
able for public inspection in appropriate offices
of the Secretaries;
(B) approximately 41,000 acres of lands
and mineral interests in the State of Arkansas,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Arkansas
Ouachita Lands,’’ dated February 1996 and
available for public inspection in appropriate of-
fices of the Secretaries; and
(C) approximately 25,000 acres of lands
and mineral interests in the State of Arkansas,
as depicted on a map entitled ‘‘Arkansas-Okla-
homa Land Exchange—Weyerhaeuser Arkansas
Cossatot Lands,’’ dated February 1996 and
available for public inspection in appropriate of-
fices of the Secretaries.
(e) EXCHANGE OF OIL AND GAS INTERESTS.—
(1) IN
GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of law, at
the same time as the exchange for land and mineral
interests is carried out pursuant to this section, the
Secretary of Agriculture shall exchange all Federal
oil and gas interests, including leases and other
agreements, in the lands described in subsection
(d)(1) for equivalent oil and gas interests, including
existing leases and other agreements, owned by
Weyerhaeuser in the lands described in subsection
(d)(2).
(2) RESERVATION.—In addition to the ex-
change of oil and gas interests pursuant to para-
graph (1), Weyerhaeuser shall reserve oil and gas in-
terests in and under the lands depicted for reserva-
tion upon a map entitled Arkansas-Oklahoma Land
Exchange—Weyerhaeuser Oil and Gas Interest Res-
ervation Lands, dated February 1996 and available
for public inspection in appropriate offices of the
Secretaries. Such reservation shall be subject to the
provisions of this title and the form of such reserva-
tion shall comply with the jointly agreed to Memo-
randum of Understanding between the Forest Serv-
ice and Weyerhaeuser dated March 27, 1996 and on
file with the Office of the Chief of the Forest Service
in Washington, D.C. and with the Committee on En-
ergy and Natural Resources of the United States
Senate and the Committee on Resources of the Unit-
ed States House of Representatives.
(f) GENERAL PROVISIONS.—
(1) MAPS CONTROLLING.—The acreage cited in
this section is approximate. In the case of a discrep-
ancy between the description of lands, mineral inter-
ests, or oil and gas interests to be exchanged pursu-
ant to subsections (d) and (e) and the lands, mineral
interests, or oil and gas interests depicted on a map
referred to in such subsection, the map shall control.
The maps referenced in this section shall be subject
to such minor corrections as may be agreed upon by
the Secretaries and Weyerhaeuser so long as the
Secretary of Agriculture notifies the Committee on
Energy and Natural Resources of the United States
Senate and the Committee on Resources of the Unit-
ed States House of Representatives of any such
minor corrections.
(2) FINAL
MAPS.—Not later than 180 days
after the conclusion of the exchange required by sub-
sections (d) and (e), the Secretaries shall transmit
maps accurately depicting the lands, mineral inter-
ests, and oil and gas interests conveyed and trans-
ferred pursuant to this section and the acreage and
boundary descriptions of such lands, mineral inter-
ests, and oil and gas interests to the Committee on
Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Rep-
resentatives.
(3) CANCELLATION.—If, before the exchange
has been carried out pursuant to subsections (d) and
(e), Weyerhaeuser provides written notification to
the Secretaries that Weyerhauser no longer intends
to complete the exchange, with respect to the lands,
mineral interests, and oil and gas interests that
would otherwise be subject to exchange, the status
of such lands, mineral interests, and oil and gas in-
terests shall revert to the status of such lands, min-
eral interests, and oil and gas interests as of the day
before the date of enactment of this Act and shall
be managed in accordance with applicable law and
management plans.
(4) WITHDRAWAL.—Subject to valid existing
rights, the land and interests therein depicted for
conveyance to Weyerhauser on the maps referenced
in subsections (d) and (e) are withdrawn from all
forms of entry and appropriation under the public
land laws (including the mining laws) and from the
operation of mineral leasing and geothermal steam
leasing laws effective upon the date of the enactment
of this title. Such withdrawal shall terminate 45
days after completion of the exchange provided for
in subsections (d) and (e) or on the date of notifica-
tion by Weyerhauser of a decision not to complete
the exchange.
(g) NATIONAL FOREST SYSTEM.—
(1) ADDITION
TO
THE
SYSTEM.—Upon ap-
proval and acceptance of title by the Secretary of
Agriculture, the 156,000 acres of land conveyed to
the United States pursuant to subsection (d)(2) (A)
and (B) of this section shall be subject to the Act
of March 1, 1911 (commonly known as the Weeks
Law) (36 Stat. 961, as amended), and shall be ad-
ministered by the Secretary of Agriculture in accord-
ance with the laws and regulations pertaining to the
National Forest System.
(2) PLAN
AMENDMENTS.—No later than 12
months after the completion of the exchange re-
quired by this section, the Secretary of Agriculture
shall begin the process to amend applicable land and
resource management plans with public involvement
pursuant to section 6 of the Forest and Rangeland
Renewable Resource Planning Act of 1974, as
amended by the National Forest Management Act of
1976 (16 U.S.C. 1604): Provided, That no amend-
ment or revision of applicable land and resource
management plans shall be required prior to comple-
tion of the amendment process required by this
paragraph for the Secretary of Agriculture to au-
thorize or undertake activities consistent with forest
wide standards and guidelines and all other applica-
ble laws and regulations on lands conveyed to the
United States pursuant to subsection (d)(2) (A) and
(B).
(h) OTHER.—
(1) ADDITION
TO
THE
NATIONAL
WILDLIFE
REFUGE
SYSTEM.—Once acquired by the United
States, the 25,000 acres of land identified in sub-
section (d)(2)(C), the Arkansas Cossatot lands, shall
be managed by the Secretary of the Interior as a
component of the Cossatot National Wildlife Refuge
in accordance with the National Wildlife Refuge Sys-
tem Administration Act of 1996 (16 U.S.C. 668dd–
668ee).
(2) PLAN
PREPARATION.—Within 24 months
after the completion of the exchange required by this
section, the Secretary of the Interior shall prepare
and implement a single refuge management plan for
the Cossatot National Wildlife Refuge, as expanded
by this title. Such plans shall recognize the impor-
tant public purposes served by the nonconsumptive
activities, other recreational activities, and wildlife-
related public use, including hunting, fishing, and
trapping. The plan shall permit, to the maximum ex-
tent practicable, compatible uses to the extent that
they are consistent with sound wildlife management
and in accordance with the National Wildlife Refuge
System Administration Act of 1996 (16 U.S.C.
668dd–668ee) and other applicable laws. Any regu-
lations promulgated by the Secretary of the Interior
with respect to hunting, fishing, and trapping on
those lands shall, to the extent practicable, be con-
sistent with State fish and wildlife laws and regula-
tions. In preparing the management plan and regu-
lations, the Secretary of the Interior shall consult
with the Arkansas Game and Fish Commission.
(3) INTERIM USE OF LANDS.—
(A) IN GENERAL.—Except as provided in
paragraph (2) during the period beginning on
the date of the completion of the exchange of
lands required by this section and ending on the
first date of the implementation of the plan pre-
pared under paragraph (2), the Secretary of the
Interior shall administer all lands added to the
Cossatot National Wildlife Refuge pursuant to
this title in accordance with the National Wild-
life Refuge System Administration Act of 1966
(16 U.S.C. 668dd–668ee) and other applicable
laws.
(B) HUNTING SEASONS.—During the pe-
riod described in subparagraph (A), the dura-
tion of any hunting season on the lands de-
scribed in paragraph (1) shall comport with the
applicable State law.
(i) OUACHITA NATIONAL FOREST BOUNDARY AD-
JUSTMENT.—Upon acceptance of title by the Secretary of
Agriculture of the lands conveyed to the United States
pursuant to subsection (d)(2) (A) and (B), the boundaries
of the Ouachita National Forest shall be adjusted to en-
compass those lands conveyed to the United States gen-
erally depicted on the appropriate maps referred to in sub-
section (d). Nothing in this subsection shall limit the au-
thority of the Secretary of Agriculture to adjust the
boundary pursuant to section 11 of the Weeks Law of
March 1, 1911. For the purposes of section 7 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–9), the boundaries of the Ouachita National Forest,
as adjusted by this section, shall be considered to be the
boundaries of the Forest as of January 1, 1965.
(j) MAPS AND BOUNDARY DESCRIPTIONS.—Not later
than 180 days after the date of enactment of this title,
the Secretary of Agriculture shall prepare a boundary de-
scription of the lands depicted on the map(s) referred to
in subsection (d)(2) (A) and (B). Such map(s) and bound-
ary description shall have the same force and effect as if
included in this Act, except that the Secretary of Agri-
culture may correct clerical and typographical errors.
100
SEC. 306. BIG THICKET NATIONAL PRESERVE.
(a) EXTENSION.—The last sentence of subsection (d)
of the first section of the Act entitled ‘‘An Act to authorize
the establishment of the Big Thicket National Preserve
in the State of Texas, and for other purposes’’, approved
October 11, 1974 (16 U.S.C. 698(d)), is amended by
striking out ‘‘two years after date of enactment’’ and in-
serting ‘‘five years after the date of enactment’’.
(b) INDEPENDENT APPRAISAL.—Subsection (d) of
the first section of such Act (16 U.S.C. 698(d)) is further
amended by adding at the end the following: ‘‘The Sec-
retary, in considering the values of the private lands to
be exchanged under this subsection, shall consider inde-
pendent appraisals submitted by the owners of the private
lands.’’
(c) LIMITATION.—Subsection (d) of the first section
of such Act (16 U.S.C. 698(d)), as amended by subsection
(b), is further amended by adding at the end the following:
‘‘The authority to exchange lands under this subsection
shall expire on July 1, 1998.’’.
(d) REPORTING REQUIREMENT.—Not later than 6
months after the date of the enactment of this Act and
every 6 months thereafter until the earlier of the con-
summation of the exchange of July 1, 1998, the Secretary
of the Interior and the Secretary of Agriculture shall each
submit a report to the Committee on Resources of the
101
House of Representatives and the Committee on Energy
and Natural Resources of the Senate concerning the
progress in consummating the land exchange authorized
by the amendments made by the Big Thicket National
Preserve Addition Act of 1993 (Public Law 103–46).
(e) 
LAND
EXCHANGE
IN
LIBERTY
COUNTY,
TEXAS.—If, within one year after the date of the enact-
ment of this Act—
(1) the owners of the private lands described in
subsection (f)(1) offer to transfer all their right,
title, and interest in and to such lands to the Sec-
retary of the Interior, and
(2) Liberty County, Texas, agrees to accept the
transfer of the Federal lands described in subsection
(f)(2),
the Secretary shall accept such offer of private lands and,
in exchange and without additional consideration, transfer
to Liberty County, Texas, all right, title, and interest of
the United States in and to the Federal lands described
in subsection (f)(2).
(f) LANDS DESCRIBED.—
(1) PRIVATE
LANDS.—The private lands de-
scribed in this paragraph are approximately 3.76
acres of lands located in Liberty County, Texas, as
102
generally depicted on the map entitled ‘‘Big Thicket
Lake Estates Access—Proposed’’.
(2) FEDERAL LANDS.—The Federal lands de-
scribed in this paragraph are approximately 2.38
acres of lands located in Menard Creek Corridor
Unit of the Big Thicket National Preserve, as gen-
erally depicted on the map referred to in paragraph
(1).
(g) ADMINISTRATION OF LANDS ACQUIRED BY THE
UNITED STATES.—The lands acquired by the Secretary
under subsection (e) shall be added to and administered
as part of the Menard Creek Corridor Unit of the Big
Thicket National Preserve.
SEC. 307. LOST CREEK LAND EXCHANGE.
(a) LAND EXCHANGE.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the Secretary of Agriculture (re-
ferred to in this section as the ‘‘Secretary’’) shall—
(A) acquire by exchange certain land and
interests in land owned by R–Y Timber, Inc.,
and its affiliates, successors, and assigns (re-
ferred to in this section as the ‘‘Corporation’’),
located in the Lost Creek and Twin Lakes
areas of the Beaverhead-Deerlodge National
Forest, Montana; and
103
(B)(i) convey certain land and interests in
land owned by the United States and located in
the Beaverhead-Deerlodge National Forest and
the Gallatin National Forest, Montana, to the
Corporation; and
(ii) grant the right to harvest timber on
land in the Beaverhead-Deerlodge National
Forest and the Gallatin National Forest as
specified in the document under paragraph (4).
(2) OFFER AND ACCEPTANCE OF LAND.—
(A) NON-FEDERAL LAND.—If the Corpora-
tion offers to convey to the United States fee
title that is acceptable to the Secretary to ap-
proximately 17,567 acres of land owned by the
Corporation and available for exchange, as de-
picted on the map entitled ‘‘R–Y/Forest Service
Land Exchange Proposal’’, dated June 1996,
and described in the document under paragraph
(4), the Secretary shall accept a warranty deed
to the land.
(B) FEDERAL LAND.—
(i) CONVEYANCE.—On acceptance of
title to the Corporation’s land under sub-
paragraph (A) and on the effective date of
104
the document under paragraph (4), the
Secretary shall—
(I) convey to the Corporation,
subject to valid existing rights, by ex-
change deed, fee title to approximately
7,185 
acres 
in 
the 
Beaverhead-
Deerlodge National Forest; and
(II) grant to the Corporation the
right 
to 
harvest 
approximately
6,200,000 board feet of timber on cer-
tain land in the Beaverhead-Deerlodge
National Forest and approximately
4,000,000 board feet of timber on cer-
tain land in the Gallatin National
Forest, collectively referred to as the
harvest volume, as depicted on the
map described in subparagraph (A)
and subject to the terms and condi-
tions stated in the document under
paragraph (4).
(3) TIMBER HARVESTING.—
(A) IN GENERAL.—The timber harvest vol-
ume described in paragraph (2)(B)(i)(II) is in
addition to, and is not intended as an offset
against, the present or future planned timber
105
sale program for the Beaverhead-Deerlodge Na-
tional Forest or the Gallatin National Forest,
so long as the allowable sale quantity for each
national forest, respectively, is not exceeded for
the planning period.
(B) SBA SHARE.—The Forest Service
shall not reduce its Small Business Administra-
tion share of timber sale set-aside offerings in
the Beaverhead-Deerlodge National Forest or
the Gallatin National Forest by reason of the
land exchange under this subsection.
(C) MINIMUM
AND
MAXIMUM
ANNUAL
HARVESTS.—
(i) IN
GENERAL.—Subject to clause
(ii)—
(I) not less than 20 nor more
than 30 percent of the timber de-
scribed in paragraph (2)(B)(i)(II)
shall be made available by the end of
each fiscal year over a 4- or 5-year
period beginning with the first fiscal
year that begins after the date of en-
actment of this Act; and
(II) the Corporation shall be al-
lowed at least 3 years after the end of
106
each fiscal year in which to complete
the harvest of timber made available
for that fiscal year.
(ii) EXCEPTIONAL CIRCUMSTANCES.—
The timber harvest volumes specified in
clause (i) shall not be required in the case
of the occurrence of exceptional cir-
cumstances identified in the agreement
under paragraph (4). In the case of such
an occurrence that results in the making
available of less than 20 percent of the
timber for any fiscal year, the Secretary
shall provide compensation of equal value
to the Corporation in a form provided for
in the agreement under paragraph (4).
(4) LAND
EXCHANGE
SPECIFICATION
AGREE-
MENT.—
(A) IN
GENERAL.—Notwithstanding any
other provision of law, a document entitled ‘‘R–
Y/Forest Service Land Exchange Specifica-
tions’’ shall be jointly developed and agreed to
by the Corporation and the Secretary.
(B) DESCRIPTIONS OF LANDS TO BE EX-
CHANGED.—The document under subparagraph
(A) shall define the non-Federal and Federal
107
lands and interests in land to be exchanged and
include legal descriptions of the lands and inter-
ests in land and an agreement to harvest timber
on National Forest System land in accordance
with the standard timber contract specifica-
tions, section 251.14 of title 36, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of this Act), and any other pertinent
conditions.
(C) SUBMISSION TO CONGRESS.—The doc-
ument under subparagraph (A)—
(i) upon its completion shall be sub-
mitted to the Committee on Energy and
Natural Resources of the Senate and the
Committee on Resources of the House of
Representatives; and
(ii) shall not take effect until 45 days
after the date of submission to both com-
mittees.
(D) DESIGN AND LAYOUT.—
(i) IN GENERAL.—The Forest Service
shall determine the timber sale design and
layout in consultation with the Corpora-
tion.
108
(ii) HARVEST
VOLUME.—Identifica-
tion of the timber harvest volume shall be
determined in accordance with Department
of Agriculture standards.
(iii) MONITORING.—The Forest Serv-
ice shall monitor harvest and post-harvest
activities to ensure compliance with the
terms and conditions of the document
under subparagraph (A).
(5) CONFLICT.—In case of conflict between the
map described in paragraph (2)(A) and the docu-
ment under paragraph (4), the map shall control.
(b) TITLE.—
(1) REVIEW OF TITLE.—Not later than 60 days
after receipt of title documents from the Corpora-
tion, the Secretary shall review the title for the non-
Federal land described in subsection (a)(2)(A) and
determine whether—
(A) title standards of the Department of
Justice applicable to Federal land acquisition
have been satisfied or the quality of title is oth-
erwise acceptable to the Secretary;
(B) all draft conveyances and closing docu-
ments have been received and approved;
109
(C) a current title commitment verifying
compliance with applicable title standards has
been issued to the Secretary; and
(D) the Corporation has complied with the
conditions imposed by this section.
(2) UNACCEPTABLE QUALITY OF TITLE.—If the
quality of title does not meet Federal standards and
is not otherwise acceptable to the Secretary, the Sec-
retary shall advise the Corporation regarding correc-
tive actions necessary to make an affirmative deter-
mination.
(3) CONVEYANCE
OF
TITLE.—The Secretary
shall accept the conveyance of land described in sub-
section (a)(2)(A) not later than 60 days after the
Secretary has made an affirmative determination of
quality of title.
(c) GENERAL PROVISIONS.—
(1) MAPS AND DOCUMENTS.—
(A) IN GENERAL.—The map described in
subsection (a)(2)(A) and the document under
subsection (a)(4) shall be subject to such minor
corrections as may be agreed upon by the Sec-
retary and the Corporation.
(B) PUBLIC AVAILABILITY.—The map de-
scribed in subsection (a)(2)(A) and the docu-
110
ment under subsection (a)(4) shall be on file
and available for public inspection in the appro-
priate offices of the Forest Service.
(2) NATIONAL FOREST SYSTEM LAND.—
(A) IN
GENERAL.—All land conveyed to
the United States under this section shall be
added to and administered as part of the Bea-
verhead-Deerlodge National Forest and shall be
administered by the Secretary in accordance
with the laws (including regulations) pertaining
to the National Forest System.
(B) WILDERNESS
STUDY
AREA
ACQUISI-
TIONS.—Land acquired under this section that
is located within the boundary of a wilderness
area in existence on the date of enactment of
this Act shall be included within the National
Wilderness Preservation System.
(3) VALUATION.—The values of the lands and
interests in land to be exchanged under this section
are deemed to be equal.
(4) LIABILITY FOR HAZARDOUS SUBSTANCES.—
The United States (including the departments, agen-
cies, and employees of the United States) shall not
be liable under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
111
(42 U.S.C. 9601 et seq.), the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.), or any
other Federal, State, or local law solely as a result
of the acquisition of an interest in the land described
in subsection (a)(2)(A) or because of circumstances
or events occurring before the acquisition, including
any release or threat of release of a hazardous sub-
stance.
(5) RELEASE FROM STUDY.—The land compris-
ing approximately 1.320 acres in the Beaverhead-
Deerlodge National Forest, as generally depicted on
the map entitled ‘‘West Pioneer Study Deletion—
Proposed’’, dated 1994, is released from study under
section 2(a)(1) of the Montana Wilderness Study
Act of 1977 (91 Stat. 1243).
SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.
(a) CONVEYANCE
BY
THE SECRETARY
OF AGRI-
CULTURE.—
(1) CONVEYANCE.—In exchange for the convey-
ance described in subsection (b), the Secretary of
Agriculture (hereinafter referred to as the ‘‘Sec-
retary’’) shall convey to the Orange County Council
of the Boy Scouts of America all right, title, and in-
terest of the United States in and to the parcel of
land described in paragraph (2) located in the Cleve-
112
land National Forest. The parcel conveyed by the
Secretary shall be subject to valid existing rights
and to any easements that the Secretary considers
necessary for public and administrative access.
(2) DESCRIPTION OF PARCEL.—The parcel of
land referred to in paragraph (1) consists of not
more than 60 acres of land in Section 28, Township
9 South, Range 4 East, San Bernardino Meridian,
in the unincorporated territory of San Diego County,
California.
(b) CONVEYANCE BY THE BOY SCOUTS OF AMER-
ICA.—
(1) CONVEYANCE.—In exchange for the convey-
ance described in subsection (a), the Orange County
Council of the Boy Scouts of America shall convey
to the United States all right, title, and interest to
the parcel of land described in paragraph (2). The
parcel conveyed under this subsection shall be sub-
ject to such valid existing rights of record as may be
acceptable to the Secretary, and the title to the par-
cel shall conform with the title approval standards
applicable to Federal land acquisitions.
(2) DESCRIPTION OF PARCEL.—The parcel of
land referred to in paragraph (1) shall be approxi-
mately equal in value to the lands described in sub-
113
section (a)(2) and shall be at least the Southerly 94
acres of the Westerly 1⁄2 of Section 34, Township 9
South, Range 4 East, San Bernardino Meridian, in
the unincorporated territory of San Diego County,
California.
(c) BOUNDARY ADJUSTMENT.—Upon the completion
of the land exchange authorized under this section, the
Secretary shall adjust the boundaries of the Cleveland Na-
tional Forest to exclude the parcel conveyed by the Sec-
retary under subsection (a) and to include the parcel ob-
tained by the Secretary under subsection (b). For pur-
poses of section 7 of the Land and Water Conservation
Fund Act of 1964 (16 U.S.C. 460l–9), the boundary of
the Cleveland National Forest, as modified by this title,
shall be considered the boundary of the forest as of Janu-
ary 1, 1965.
(d) INCORPORATION INTO CLEVELAND NATIONAL
FOREST.—Upon acceptance of title by the Secretary, the
parcel obtained by the Secretary under subsection (b) shall
become part of the Cleveland National Forest and shall
be subject to all laws applicable to such national forest.
SEC. 309. SAND HOLLOW LAND EXCHANGE.
(a) DEFINITIONS.—As used in this section:
114
(1) DISTRICT.—The term ‘‘District’’ means the
Water Conservancy District of Washington County,
Utah.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) BULLOCH SITE.—The term ‘‘Bulloch Site’’
means the lands located in Kane County, Utah, ad-
jacent to Zion National Park, comprised of approxi-
mately 550 acres, as generally depicted on a map
entitled ‘‘Washington County Water Conservancy
District Exchange Proposal’’ and dated May 30,
1996.
(4) SAND
HOLLOW
SITE.—The term ‘‘Sand
Hollow Site’’ means the lands located in Washington
County, Utah, Comprised of approximately 3,000
acres, as generally depicted on a map entitled
‘‘Washington County Water Conservancy District
Exchange Proposal’’ and dated May 30, 1996.
(5) QUAIL CREEK PIPELINE.—The term ‘‘Quail
Creek Pipeline’’ means the lands located in Wash-
ington County, Utah, comprised of approximately 40
acres, as generally depicted on a map entitled
‘‘Washington County Water Conservancy District
Exchange Proposal’’ and dated May 30, 1996.
115
(6) QUAIL
CREEK
RESERVOIR.—The term
‘‘Quail Creek Reservoir’’ means the lands located in
Washington County, Utah, comprised of approxi-
mately 480.5 acres, as generally depicted on a map
entitled ‘‘Washington County Water Conservancy
District Exchange Proposal’’ and dated May 30,
1996.
(7) SMITH PROPERTY.—The term ‘‘Smith Prop-
erty’’ means the lands located in Washington Coun-
ty, Utah, comprised of approximately 1,550 acres as
generally depicted on a map entitled ‘‘Washington
County Water Conservancy District Exchange Pro-
posal’’ and dated May 30, 1996.
(b) EXCHANGE.—
(1) IN GENERAL.—Subject to the provisions of
this section, if within 18 months after the date of
the enactment of this Act, the Water Conservancy
District of Washington County, Utah, offers to
transfer to the United States all right, title, and in-
terest of the District in and to the Bulloch Site, the
Secretary of the Interior shall, in exchange, transfer
to the District all right, title, and interest of the
United States in and to the Sand Hollow Site, the
Quail Creek Pipeline and Quail Creek Reservoir,
subject to valid existing rights.
116
(2) WATER
RIGHTS
ASSOCIATED
WITH
THE
BULLOCH SITE.—The water rights associated with
the Bulloch Site shall be transferred to the United
States pursuant to Utah State law.
(3) WITHDRAWAL OF MINERAL INTERESTS.—
Subject to valid existing rights, the mineral interests
underlying the Sand Hollow Site, the Quail Creek
Reservoir, and the Quail Creek Pipeline are hereby
withdrawn from disposition under the public land
laws and from location, entry, and patent under the
mining laws of the United States, from the operation
of the mineral leasing laws of the United States,
from the operation of the Geothermal Steam Act of
1970, and from the operation of the Act of July 31,
1947, commonly known as the ‘‘Materials Act of
1947’’ (30 U.S.C. 601 et seq.).
(4) GRAZING.—The exchange of lands under
paragraph (1) shall be subject to agreement by the
District to continue to permit the grazing of domes-
tic livestock on the Sand Hollow Site under the
terms and conditions of existing Federal grazing
leases or permits, except that the District, upon ter-
minating any such lease or permit, shall fully com-
pensate the holder of the terminated lease or permit.
117
(c) EQUALIZATION OF VALUES.—The value of the
lands transferred out of Federal ownership under sub-
section (b) either shall be equal to the value of the lands
received by the Secretary under that section or, if not,
shall be equalized by—
(1) to the extent possible, transfer of all right,
title, and interest of the District in and to lands in
Washington County, Utah, and water rights of the
District associated thereto, which are within the
area providing habitat for the desert tortoise, as de-
termined by the Director of the Bureau of Land
Management;
(2) transfer of all right, title, and interest of
the District in and to lands in the Smith Site and
water rights of the District associated thereto; and
(3) the payment of money to the Secretary, to
the extent that lands and rights transferred under
paragraphs (1) and (2) are not sufficient to equalize
the values of the lands exchanged under subsection
(b)(1).
(d) MANAGEMENT
OF LANDS ACQUIRED
BY
THE
UNITED STATES.—Lands acquired by the Secretary under
this section shall be administered by the Secretary, acting
through the Director of the Bureau of Land Management,
in accordance with the provisions of law generally applica-
118
ble to the public lands, including the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) NATIONAL ENVIRONMENTAL POLICY ACT
OF
1976.—The exchange of lands under this section is not
subject to section 102 of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4322).
(f) VALUATION OF LANDS TO BE ACQUIRED BY THE
UNITED STATES IN WASHINGTON COUNTY, UTAH.—In
acquiring any lands and any interests in lands in Washing-
ton County, Utah, by purchase, exchange, donation or
other transfers of interest, the Secretary of the Interior
shall appraise, value, and offer to acquire such lands and
interests without regard to the presence of a species listed
as threatened or endangered or any proposed or actual
designation of such property as critical habitat for a spe-
cies listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZA-
TION FOR FISCAL YEARS 1997 THROUGH 2002.
Section 318(a) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1748(a)) is amended by
striking out ‘‘October 1, 1978’’ and by inserting in lieu
thereof ‘‘October 1, 2002’’.
119
SEC. 311. KENAI NATIVES ASSOCIATION LAND EXCHANGE.
(a) SHORT TITLE.—This section may be cited as the
‘‘Kenai Natives Association Equity Act Amendments of
1996’’.
(b) FINDINGS AND PURPOSE.—
(1) FINDINGS.—The Congress finds the follow-
ing:
(A) The United States Fish and Wildlife
Service and Kenai Natives Association, Inc.,
have agreed to transfers of certain land rights,
in and near the Kenai National Wildlife Refuge,
negotiated as directed by Public Law 102–458.
(B) The lands to be acquired by the Serv-
ice are within the area impacted by the Exxon
Valdez oil spill of 1989, and these lands in-
cluded important habitat for various species of
fish and wildlife for which significant injury re-
sulting from the spill has been documented
through the EVOS Trustee Council restoration
process. This analysis has indicated that these
lands generally have value for the restoration of
such injured natural resources as pink salmon,
dolly varden, bald eagles, river otters, and cul-
tural and archaeological resources. This analy-
sis has also indicated that these lands generally
have high value for the restoration of injured
120
species that rely on these natural resources, in-
cluding wilderness quality, recreation, tourism,
and subsistence.
(C) Restoration of the injured species will
benefit from acquisition and the prevention of
disturbances which may adversely affect their
recovery.
(D) It is in the public interest to complete
the conveyances provided for in this section.
(2) PURPOSE.—The purpose of this section is
to authorize and direct the Secretary, at the election
of KNA, to complete the conveyances provided for in
this section.
(c) DEFINITIONS.—For purposes of this section, the
term—
(1) ‘‘ANCSA’’ means the Alaska Native Claims
Settlement Act of 1971 (43 U.S.C. 1601 et seq.);
(2) ‘‘ANILCA’’ means the Alaska National In-
terest Lands Conservation Act (Public Law 96–487;
94 Stat. 2371 et seq.);
(3) ‘‘conservation system unit’’ has the same
meaning as in section 102(4) of ANILCA (16
U.S.C. 3102(4));
121
(4) ‘‘CIRI’’ means the Cook Inlet Region, Inc.,
a Native Regional Corporation incorporated in the
State of Alaska pursuant to the terms of ANCSA;
(5) ‘‘EVOS’’ means the Exxon Valdez oil spill;
(6) ‘‘KNA’’ means the Kenai Natives Associa-
tion, Inc., an urban corporation incorporated in the
State of Alaska pursuant to the terms of ANCSA;
(7) ‘‘lands’’ means any lands, waters, or inter-
ests therein;
(8) ‘‘Refuge’’ means the Kenai National Wild-
life Refuge;
(9) ‘‘Secretary’’ means the Secretary of the In-
terior;
(10) ‘‘Service’’ means the United States Fish
and Wildlife Service; and
(11) ‘‘Terms and Conditions’’ means the Terms
and Conditions for Land Consolidation and Manage-
ment in the Cook Inlet Area, as clarified on August
31, 1976, ratified by section 12 of Public Law 94–
204 (43 U.S.C. 1611 note).
(d) ACQUISITION OF LANDS.—
(1) OFFER TO KNA.—
(A) IN GENERAL.—Subject to the availabil-
ity of the funds identified in paragraph (2)(C),
no later than 90 days after the date of enact-
122
ment of this section, the Secretary shall offer to
convey to KNA the interests in land and rights
set forth in paragraph (2)(B), subject to valid
existing rights, in return for the conveyance by
KNA to the United States of the interests in
land or relinquishment of ANCSA selections set
forth in paragraph (2)(A). Payment for the
lands conveyed to the United States by KNA is
contingent upon KNA’s acceptance of the entire
conveyance outlined herein.
(B) LIMITATION.—The Secretary may not
convey any lands or make payment to KNA
under this section unless title to the lands to be
conveyed by KNA under this section has been
found by the United States to be sufficient in
accordance with the provisions of section 355 of
the Revised Statutes (40 U.S.C. 255).
(2) ACQUISITION LANDS.—
(A) LANDS
TO
BE
CONVEYED
TO
THE
UNITED STATES.—The lands to be conveyed by
KNA to the United States, or the valid selec-
tion rights under ANCSA to be relinquished, all
situated within the boundary of the Refuge, are
the following:
123
(i) The conveyance of approximately
803 acres located along and on islands
within the Kenai River, known as the
Stephanka Tract.
(ii) The conveyance of approximately
1,243 acres located along the Moose River,
known as the Moose River Patented Lands
Tract.
(iii) The relinquishment of KNA’s se-
lection known as the Moose River Selected
Tract, containing approximately 753 acres
located along the Moose River.
(iv) The relinquishment of KNA’s re-
maining ANCSA entitlement of approxi-
mately 454 acres.
(v) The relinquishment of all KNA’s
remaining overselections. Upon completion
of all relinquishments outlined above, all
KNA’s entitlement shall be deemed to be
extinguished and the completion of this ac-
quisition will satisfy all of KNA’s ANCSA
entitlement.
(vi) The conveyance of an access ease-
ment providing the United States and its
assigns access across KNA’s surface estate
124
in the SW1⁄4 of section 21, T. 6 N., R. 9
W., Seward Meridian, Alaska.
(vii) The conveyance of approximately
100 acres within the Beaver Creek Pat-
ented Tract, which is contiguous to lands
being retained by the United States contig-
uous to the Beaver Creek Patented Tract,
in exchange for 280 acres of Service lands
currently situated within the Beaver Creek
Selected Tract.
(B) LANDS TO BE CONVEYED TO KNA.—
The rights provided or lands to be conveyed by
the United States to KNA, are the following:
(i) The surface and subsurface estate
to approximately 5 acres, subject to res-
ervations of easements for existing roads
and utilities, located within the city of
Kenai, Alaska, identified as United States
Survey 1435, withdrawn by Executive
Order 2943 and known as the old Fish
and Wildlife Service Headquarters site.
(ii) The remaining subsurface estate
held by the United States to approximately
13,651 acres, including portions of the
Beaver Creek Patented Tract, the Beaver
125
Creek Selected Tract, and portions of the
Swanson River Road West Tract and the
Swanson River Road East Tract, where
the surface was previously or will be con-
veyed to KNA pursuant to this Act but ex-
cluding the SW1⁄4 of section 21, T. 6 N.,
R. 9 W, Seward Meridian, Alaska, which
will be retained by the United States. The
conveyance of these subsurface interests
will be subject to the rights of CIRI to the
coal, oil, gas, and to all rights CIRI, its
successors, and assigns would have under
paragraph 1(B) of the Terms and Condi-
tions, including the right to sand and grav-
el, to construct facilities, to have rights-of-
way, and to otherwise develop it subsurface
interests.
(iii)(I) The nonexclusive right to use
sand and gravel which is reasonably nec-
essary for on-site development without
compensation or permit on those portions
of the Swanson River Road East Tract,
comprising approximately 1,738.04 acres;
where the entire subsurface of the land is
presently owned by the United States. The
126
United States shall retain the ownership of
all other sand and gravel located within the
subsurface and KNA shall not sell or dis-
pose of such sand and gravel.
(II) The right to excavate within the
subsurface estate as reasonably necessary
for structures, utilities, transportation sys-
tems, and other development of the surface
estate.
(iv) The nonexclusive right to excavate
within the subsurface estate as reasonably
necessary for structures, utilities, transpor-
tation systems, and other development of
the surface estate on the SW1⁄4, section
21, T. 6 N., R. 9 W., Seward Meridian,
Alaska, where the entire subsurface of the
land is owned by the United States and
which public lands shall continue to be
withdrawn from mining following their re-
moval from the Refuge boundary under
paragraph (3)(A)(ii). The United States
shall retain the ownership of all other sand
and gravel located within the subsurface of
this parcel.
127
(v) The surface estate of approxi-
mately 280 acres known as the Beaver
Creek Selected Tract. This tract shall be
conveyed to KNA in exchange for lands
conveyed to the United States as described
in paragraph (2)(A)(ii).
(C) PAYMENT.—The United States shall
make a total cash payment to KNA for the
above-described lands of $4,443,000, contingent
upon the appropriate approvals of the Federal
or State of Alaska EVOS Trustees (or both)
necessary for any expenditure of the EVOS set-
tlement funds.
(D) NATIONAL
REGISTER
OF
HISTORIC
PLACES.—Upon completion of the acquisition
authorized in paragraph (1), the Secretary
shall, at no cost to KNA, in coordination with
KNA, promptly undertake to nominate the
Stephanka Tract to the National Register of
Historic Places, in recognition of the archae-
ological artifacts from the original Dena’ina
Settlement. If the Department of the Interior
establishes a historical, cultural, or archaeologi-
cal interpretive site, KNA shall have the exclu-
sive right to operate a Dena’ina interpretive site
128
on the Stephanka Tract under the regulations
and policies of the department. If KNA declines
to operate such a site, the department may do
so under its existing authorities. Prior to the
department undertaking any archaeological ac-
tivities whatsoever on the Stephanka Tract,
KNA shall be consulted.
(3) GENERAL PROVISIONS.—
(A) REMOVAL OF KNA LANDS FROM THE
NATIONAL WILDLIFE REFUGE SYSTEM.—
(i) Effective on the date of closing for
the Acquisition Lands identified in para-
graph (2)(B), all lands retained by or con-
veyed to KNA pursuant to this section,
and the subsurface interests of CIRI un-
derlying such lands shall be automatically
removed from the National Wildlife Refuge
System and shall neither be considered as
part of the Refuge nor subject to any laws
pertaining solely to lands within the
boundaries of the Refuge. The conveyance
restrictions imposed by section 22(g) of
ANCSA (i) shall then be ineffective and
cease to apply to such interests of KNA
and CIRI, and (ii) shall not be applicable
129
to the interests received by KNA in accord-
ance with paragraph (2)(B) or to the CIRI
interests underlying them. The Secretary
shall adjust the boundaries of the Refuge
so as to exclude all interests in lands re-
tained or received in exchange by KNA in
accordance with this section, including
both surface and subsurface, and shall also
exclude all interests currently held by
CIRI. On lands within the Swanson River
Road East Tract, the boundary adjustment
shall only include the surface estate where
the subsurface estate is retained by the
United States.
(ii)(I) The Secretary, KNA, and CIRI
shall execute an agreement within 45 days
of the date of enactment of this section
which preserves CIRI’s rights under para-
graph 1(B)(1) of the Terms and Condi-
tions, addresses CIRI’s obligations under
such paragraph, and adequately addresses
management issues associated with the
boundary adjustment set forth in this sec-
tion and with the differing interests in
130
land resulting from enactment of this sec-
tion.
(II) In the event that no agreement is
executed as provided for in subclause (I),
solely for the purposes of administering
CIRI’s rights under paragraph 1(B)(1) of
the Terms and Conditions, the Secretary
and CIRI shall be deemed to have retained
their respective rights and obligations with
respect to CIRI’s subsurface interests
under the requirements of the Terms and
Conditions in effect on June 18, 1996.
Notwithstanding the boundary adjustments
made pursuant to this section, conveyances
to KNA shall be deemed to remain subject
to the Secretary’s and CIRI’s rights and
obligations under paragraph 1(B)(1) of the
Terms and Conditions.
(iii) The Secretary is authorized to ac-
quire by purchase or exchange, on a willing
seller basis only, any lands retained by or
conveyed to KNA. In the event that any
lands owned by KNA are subsequently ac-
quired by the United States, they shall be
automatically included in the Refuge Sys-
131
tem. The laws and regulations applicable
to Refuge lands shall then apply to these
lands and the Secretary shall then adjust
the boundaries accordingly.
(iv) Nothing in this section is in-
tended to enlarge or diminish the authori-
ties, rights, duties, obligations, or the
property rights held by CIRI under the
Terms and Conditions, or otherwise except
as set forth in this section. In the event of
the purchase by the United States of any
lands from KNA in accordance with sub-
paragraph (A)(ii), the United States shall
reassume from KNA the rights it pre-
viously held under the Terms and Condi-
tions and the provisions in any patent im-
plementing section 22(g) of ANCSA will
again apply.
(v) By virtue of implementation of
this section, CIRI is deemed entitled to
1,207 acres of in-lieu subsurface entitle-
ment under section 12(a)(1) of ANCSA.
Such entitlement shall be fulfilled in ac-
cordance with paragraph 1(B)(2)(A) of the
Terms and Conditions.
132
(B) MAPS
AND
LEGAL
DESCRIPTIONS.—
Maps and a legal description of the lands de-
scribed above shall be on file and available for
public inspection in the appropriate offices of
the United States Department of the Interior,
and the Secretary shall, no later than 90 days
after enactment of this section, prepare a legal
description of the lands described in paragraph
(2)(A)(vii). Such maps and legal description
shall have the same force and effect as if in-
cluded in the section, except that the Secretary
may correct clerical and typographical errors.
(C) ACCEPTANCE.—KNA may accept the
offer made in this section by notifying the Sec-
retary in writing of its decision within 180 days
of receipt of the offer. In the event the offer is
rejected, the Secretary shall notify the Commit-
tee on Resources of the House of Representa-
tives and the Committee on Energy and Natu-
ral Resources and the Committee on Environ-
ment and Public Works of the Senate.
(D) FINAL
MAPS.—Not later than 120
days after the conclusion of the acquisition au-
thorized by paragraph (1), the Secretary shall
transmit a final report and maps accurately de-
133
picting the lands transferred and conveyed pur-
suant to this section and the acreage and legal
descriptions of such lands to the Committee on
Resources of the House of Representatives and
the Committee on Energy and Natural Re-
sources and the Committee on Environment
and Public Works of the Senate.
(e) ADJUSTMENTS TO NATIONAL WILDERNESS SYS-
TEM.—Upon acquisition of lands by the United States
pursuant to subsection (d)(2)(A), that portion of the
Stephanka Tract lying south and west of the Kenai River,
consisting of approximately 592 acres, shall be included
in and managed as part of the Kenai Wilderness and such
lands shall be managed in accordance with the applicable
provisions of the Wilderness Act and ANILCA.
(f) DESIGNATION OF LAKE TODATONTEN SPECIAL
MANAGEMENT AREA.—
(1) PURPOSE.—To balance the potential effects
on fish, wildlife, and habitat of the removal of KNA
lands from the Refuge System, the Secretary is
hereby directed to withdraw, subject to valid existing
rights, from location, entry, and patent under the
mining laws and to create as a special management
unit for the protection of fish, wildlife, and habitat,
certain unappropriated and unreserved public lands,
134
totaling approximately 37,000 acres adjacent to the
west boundary of the Kanuti National Wildlife Ref-
uge to be know as the ‘‘Lake Todatonten Special
Management Area’’, as depicted on the map entitled
‘‘Proposed: Lake Todatonten Special Management
Area’’, dated June 13, 1996, and to be managed by
the Bureau of Land Management.
(2) MANAGEMENT.—
(A) Such designation is subject to all valid
existing rights as well as the subsistence pref-
erences provided under title VIII of ANILCA.
Any lands conveyed to the State of Alaska shall
be removed from the Lake Todatonten Special
Management Area.
(B) The Secretary may permit any addi-
tional uses of the area, or grant easements, only
to the extent that such use, including leasing
under the mineral leasing laws, is determined to
not detract from nor materially interfere with
the purposes for which the Special Management
Area is established.
(C)(i) The BLM shall establish the Lake
Todatonten Special Management Area Commit-
tee. The membership of the Committee shall
consist of 11 members as follows:
135
(I) Two residents each from the vil-
lages of Alatna, Allakaket, Hughes, and
Tanana.
(II) One representative from each of
Doyon Corporation, the Tanana Chiefs
Conference, and the State of Alaska.
(ii) Members of the Committee shall serve
without pay.
(iii) The BLM shall hold meetings of the
Lake Todatonten Special Management Area
Committee at least once per year to discuss
management issues within the Special Manage-
ment Area. The BLM shall not allow any new
type of activity in the Special Management
Area without first conferring with the Commit-
tee in a timely manner.
(3) ACCESS.—The Secretary shall allow the fol-
lowing:
(A) Private access for any purpose, includ-
ing economic development, to lands within the
boundaries of the Special Management Area
which are owned by third parties or are held in
trust by the Secretary for third parties pursu-
ant to the Alaska Native Allotment Act (25
U.S.C. 336). Such rights may be subject to re-
179
lar of Federal funds for each one dollar of
funds contributed by non-Federal sources.
(B) For the purposes of this paragraph, the
Secretary is authorized to accept from non-Federal
sources, and to utilize for purposes of this section,
any money so contributed. With the approval of the
Secretary, any donation of property, services, or
goods from a non-Federal source may be considered
as a contribution of funds from a non-Federal
source for the purposes of this paragraph.
(4) ACQUISITION OF REAL PROPERTY.—For the
purposes of the park, the Secretary may acquire only
by donation such lands, interests in lands, and im-
provements thereon within the park as are needed
for essential visitor contact and interpretive facili-
ties.
(5) OTHER
PROPERTY, FUNDS, AND
SERV-
ICES.—The Secretary may accept donated funds,
property, and services to carry out this section.
(e) GENERAL MANAGEMENT PLAN.—Not later than
the end of the second fiscal year beginning after the date
of enactment of this Act, the Secretary shall submit to
the Committee on Resources of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate a general management plan for the
399
(3) The term ‘‘compact’’ means the compact
approved under section 204.
(4) The term ‘‘management plan’’ means the
management plan submitted under section 205.
SEC. 203. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) DESIGNATION.—Upon publication by the Sec-
retary in the Federal Register of notice that a compact
regarding the Tennessee Civil War Heritage Area has
been approved by the Secretary in accordance with this
title, there is hereby designated the Tennessee Civil War
Heritage Area.
(b) BOUNDARIES.—The Tennessee Civil War Herit-
age Area shall be comprised of areas of the State of Ten-
nessee depicted on the map entitled ‘‘Tennessee Civil War
Heritage Area’’. The map shall be on file and available
for public inspection in the office of the Director of the
National Park Service.
(c) ADMINISTRATION.—The national heritage area
shall be administrated in accordance with the compact and
the management plan.
SEC. 204. COMPACT.
(a) COMPACT.—The compact referred to in section
203(a) shall include information relating to the objectives
and management of the area proposed for designation as
400
the national heritage area. Such information shall include
(but not be limited to) each of the following:
(1) A delineation of the boundaries of the pro-
posed national heritage area.
(2) A discussion of the goals and objectives of
the proposed national heritage area, including an ex-
planation of the approach proposed by the partners
referred to in paragraph (4), to conservation and in-
terpretation of resources.
(3) An identification and description of the
management entity that will administer the proposed
national heritage area.
(4) A list of the initial partners to be involved
in developing and implementing the management
plan for the proposed national heritage area, and a
statement of the financial commitment of the part-
ners.
(5) A description of the role of the State of
Tennessee.
(b) PREPARATION OF AND ACTIONS CALLED FOR IN
COMPACT.—The compact shall be prepared with public
participation. Actions called for in the compact shall be
likely to be initiated within a reasonable time after des-
ignation of the proposed national heritage area and shall