104TH CONGRESS
2D SESSION
H. R. 401
AN ACT
Entitled the ‘‘Kenai Natives Association Equity
Act’’.
(2) LIMITATION.—The Secretary may not con-
vey any lands or make payment to KNA under this
section unless title to the lands to be conveyed by
KNA under this Act has been found by the United
States to be sufficient in accordance with the provi-
sions of section 355 of the Revised Statutes (40
U.S.C. 255).
(b) ACQUISITION LANDS.—
(1) LANDS TO BE CONVEYED TO THE UNITED
STATES.—The lands to be conveyed by KNA to the
United States, or the valid selection rights under
ANCSA to be relinquished, all situated within the
boundary of the Refuge, are the following:
(A) The conveyance of approximately 803
acres located along and on islands within the
Kenai River, known as the Stephanka Tract.
(B) The conveyance of approximately
1,243 acres located along the Moose River,
known as the Moose River Patented Lands
Tract.
(C) The relinquishment of KNA’s selection
known as the Moose River Selected Tract, con-
taining approximately 753 acres located along
the Moose River.
(D) The relinquishment of KNA’s remain-
ing ANCSA entitlement of approximately 454
acres.
(E) The relinquishment of all KNA’s re-
maining overselections. Upon completion of all
relinquishments outlined above, all KNA’s enti-
tlement shall be deemed to be extinguished and
the completion of this acquisition will satisfy all
of KNA’s ANCSA entitlement.
(F) The conveyance of an access easement
providing the United States and its assigns ac-
cess across KNA’s surface estate in the SW1⁄4
of section 21, T. 6 N., R. 9 W., Seward Merid-
ian, Alaska.
(G) The conveyance of approximately 100
acres within the Beaver Creek Patented Tract,
which is contiguous to lands being retained by
the United States contiguous to the Beaver
Creek Patented Tract, in exchange for 280
acres of Service lands currently situated within
the Beaver Creek Selected Tract.
(2) LANDS TO BE CONVEYED TO KNA.—The
rights provided or lands to be conveyed by the Unit-
ed States to KNA, are the following:
(A) The surface and subsurface estate to
approximately 5 acres, subject to reservations
of easements for existing roads and utilities, lo-
cated within the city of Kenai, Alaska, identi-
fied as United States Survey 1435, withdrawn
by Executive Order 2934, and known as the old
Fish and Wildlife Service Headquarters site.
(B) The remaining subsurface estate held
by the United States to approximately 13,811
acres, including portions of the Beaver Creek
Patented Tract, the Beaver 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 conveyed to KNA pursuant to this Act. The
conveyance of these subsurface interests will be
subject to the rights of CIRI to the coal, oil,
and gas, and to all rights CIRI, its successors,
and assigns would have under paragraph 1(B)
of the Terms and Conditions, including the
right to sand and gravel, to construct facilities,
to have rights-of-way, and to otherwise develop
its subsurface interests.
(C)(i) The nonexclusive right to use sand
and gravel which is reasonably necessary for on-
site development without compensation or per-
mit 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 United States shall retain the own-
ership of all other sand and gravel located with-
in the subsurface and KNA shall not sell or dis-
pose of such sand and gravel.
(ii) The right to excavate within the sub-
surface estate as reasonably necessary for
structures, utilities, transportation systems, and
other development of the surface estate.
(D) The nonexclusive right to excavate
within the subsurface estate as reasonably nec-
essary for structures, utilities, transportation
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 sub-
section (c)(1)(B). The United States shall re-
tain the ownership of all other sand and gravel
located within the subsurface of this parcel.
(E) The surface estate of approximately
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 subsection (b)(1)(B).
(3) PAYMENT.—The United States shall make
a total cash payment to KNA for the above-de-
scribed lands of $4,443,000, contingent upon the ap-
propriate approvals of the Federal or State of Alas-
ka EVOS Trustees (or both) necessary for any ex-
penditure of the EVOS settlement funds.
(4) 
NATIONAL
REGISTER
OF
HISTORIC
PLACES.—Upon completion of the acquisition au-
thorized in subsection (a), 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 archaeological artifacts from the original
Dena’ina Settlement. If the Department of the Inte-
rior establishes a historical, cultural, or archaeologi-
cal interpretive site, KNA shall have the exclusive
right to operate a Dena’ina interpretive site 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 activities whatsoever on the
Stephanka Tract, KNA shall be consulted.
(c) GENERAL PROVISIONS.—
(1) REMOVAL OF KNA LANDS FROM THE NA-
TIONAL WILDLIFE REFUGE SYSTEM.—
(A) Effective on the date of closing for the
Acquisition Lands identified in subsection
(b)(2), all lands retained by or conveyed to
KNA pursuant to this Act, and the subsurface
interests of CIRI underlying such lands shall be
automatically removed from the National Wild-
life Refuge System and shall neither be consid-
ered as part of the Refuge nor subject to any
laws pertaining solely to lands within the
boundaries of the Refuge. The conveyance re-
strictions 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 to the interests received
by KNA in accordance with subsection (b)(2) or
to the CIRI interests underlying them. The Sec-
retary shall adjust the boundaries of the Refuge
(1)(B), the United States shall reassume from
KNA the rights it previously held under the
Terms and Conditions and the provisions in any
patent implementing section 22(g) of ANCSA
will again apply.
(E) By virtue of implementation of this
Act, CIRI is deemed entitled to 1,207 acres of
in-lieu subsurface entitlement under section
12(a)(1) of ANCSA. Such entitlement shall be
fulfilled 
in 
accordance 
with 
paragraph
1(B)(2)(A) of the Terms and Conditions.
(2) MAPS
AND
LEGAL
DESCRIPTIONS.—Maps
and a legal description of the lands described above
shall be on file and available for public inspection in
the appropriate offices of the United States Depart-
ment of the Interior, and the Secretary shall, no
later than 90 days after enactment of this Act, pre-
pare a legal description of the lands described in
subsection (b)(1)(G). Such maps and legal descrip-
tion shall have the same force and effect as if in-
cluded in the Act, except that the Secretary may
correct clerical and typographical errors.
(3) ACCEPTANCE.—KNA may accept the offer
made in this Act by notifying the Secretary in writ-
ing of its decision within 180 days of receipt of the
offer. In the event the offer is rejected, the Secretary
shall notify the Committee on Resources of the
House of Representatives and the Committee on En-
ergy and Natural Resources and the Committee on
Environment and Public Works of the Senate.
(4) FINAL
MAPS.—Not later than 120 days
after the conclusion of the acquisition authorized by
subsection (a), the Secretary shall transmit a final
report and maps accurately depicting the lands
transferred and conveyed pursuant to this Act and
the acreage and legal descriptions of such lands to
the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources and the Committee on Environment
and Public Works of the Senate.
SEC. 5. ADJUSTMENTS TO NATIONAL WILDERNESS SYSTEM.
Upon acquisition of lands by the United States pur-
suant to section 4(b)(1), that portion of the Stephanka
Tract lying south and west of the Kenai River, consisting
of approximately 592 acres, shall be included in and man-
aged as part of the Kenai Wilderness and such lands shall
be managed in accordance with the applicable provisions
of the Wilderness Act and ANILCA.
SEC. 6. DESIGNATION OF LAKE TODATONTEN SPECIAL
MANAGEMENT AREA.
(a) 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 unre-
served public lands, totaling approximately 37,000 acres
adjacent to the west boundary of the Kanuti National
Wildlife Refuge to be known as the ‘‘Lake Todatonten
Special Management Area’’, as depicted on the map enti-
tled Proposed: Lake Todatonten Special Management
Area, dated June 13, 1996, and to be managed by the
Bureau of Land Management.
(b) MANAGEMENT.—
(1) Such designation is subject to all valid ex-
isting rights as well as the subsistence preferences
provided under title VIII of ANILCA. Any lands
conveyed to the State of Alaska shall be removed
from the Lake Todatonten Special Management
Area.
(2) The Secretary may permit any additional
uses of the area, or grant easements, only to the ex-
tent that such use, including leasing under the min-
eral leasing laws, is determined to not detract from
nor materially interfere with the purposes for which
the Special Management Area is established.
(3)(A) The BLM shall establish the Lake
Todatonten Special Management Area Committee.
The membership of the Committee shall consist of
11 members as follows:
(i) Two residents each from the villages of
ALatna, Allakaket, Hughes, and Tanana.
(ii) One representative from each of Doyon
Corporation, the Tanana Chiefs Conference,
and the State of Alaska.
(B) Members of the Committee shall serve with-
out pay.
(C) The BLM shall hold meetings of the Lake
Todatonten Special Management Area Committee at
least once per year to discuss management issues
within Special Management Area. The BLM shall
not allow any new type of activity in the Special
Management Area without first conferring with the
Committee in a timely manner.
(c) ACCESS.—The Secretary shall allow the following:
(1) Private access for any purpose, including
economic development, to lands within the bound-
aries of the Special Management Area which are
owned by third parties or are held in trust by the
Secretary for third parties pursuant to the Alaska
Native Allotment Act (25 U.S.C. 336). Such rights
may be subject to restrictions issued by the BLM to
protect subsistence uses of the Special Management
Area.
(2) Existing public access across the Special
Management Area. Section 1110(a) of ANILCA
shall apply to the Special Management Area.
(d) SECRETARIAL ORDER
AND MAPS.—The Sec-
retary shall file with the Committee on Resources of the
House of Representatives and the Committee on Energy
and Natural Resources and the Committee on Environ-
ment and Public Works of the Senate, the Secretarial
Order and maps setting forth the boundaries of the Area
within 90 days of the completion of the acquisition author-
ized by this Act. Once established, this Order may only
be amended or revoked by Act of Congress.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
Passed the House of Representatives September 4,
1996.
Attest:
Clerk.