II
Calendar No. 177
105TH CONGRESS
1ST SESSION
H. R. 1948
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 24, 1997
Received; read twice and placed on the calendar
AN ACT
To provide for the exchange of lands within Admiralty Island
National Monument, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hood Bay Land
Exchange Act of 1997’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Con-
servation Act established the Admiralty Island Na-
tional Monument which is managed by the Secretary
of Agriculture, by and through the Forest Service.
(2) The Forest Service has established a policy
of encouraging the acquisition of private land
inholdings within Admiralty Island National Monu-
ment on a willing buyer/willing seller basis. Congress
has supported this policy, for example by passage of
the Greens Creek Land Exchange Act of 1996 which
provided for a land exchange of certain public and
private lands in Admiralty Island National Monu-
ment.
(3) Lands owned by Alaska Pulp Corporation,
consisting of 54 acres, more or less, located in Hood
Bay on Admiralty Island within the boundaries of
the Kootznoowoo Wilderness are available for trans-
fer to Federal ownership on a willing seller/willing
buyer basis. The acquisition of these lands would
provide Federal ownership of this valuable land in a
critical area of Admiralty Island National Monu-
ment.
(4) The United States is the owner of certain
reversionary interests to 143.87 acres, more or less,
located adjacent to Silver Bay near Sitka, Alaska,
which interests were reserved in patent No. 1213671
issued to the Alaska Pulp Corporation on October
18, 1960. The transfer of the reversionary interests
of the United States in such lands adjacent to Silver
Bay to the Alaska Pulp Corporation would facilitate
future use and development of that land.
(5) The future acquisition by the United States
of the Chaik Bay property on Admiralty Island to be
incorporated into the Kootznoowoo Wilderness would
be in the public interest.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ‘‘ANILCA’’ means the Alaska
National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.).
(2) The term ‘‘Company’’ means the Alaska
Pulp Corporation, an Alaska corporation, its succes-
sors, and assigns.
(3) The term ‘‘Company Property’’ means the
property depicted on United States Survey Plat
1058 approved March 20, 1917, consisting of ap-
proximately 54 acres of land.
(4) The term ‘‘Federal Property’’ means the re-
versionary interest of the United States described in
paragraphs (6) and (7) of the patent dated October
18, 1960, granted by the Bureau of Land Manage-
ment to Alaska Lumber & Pulp Co., which was re-
corded at Book 15, Pages 271–273, Sitka Recording
District on November 9, 1960. The term ‘‘Federal
Property’’ does not include the interests described in
paragraphs (1) through (5) of the said patent.
(5) The term ‘‘Monument’’ means the Admi-
ralty Island National Monument, which was estab-
lished by section 503 of ANILCA and which is man-
aged by the Secretary of Agriculture as a unit of the
National Forest System.
(6) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(7) The term ‘‘Sitka’’ means the city and bor-
ough of Sitka, Alaska, a home-rule borough formed
in accordance with the laws of the State of Alaska.
(8) The term ‘‘Sitka Property’’ means the prop-
erty depicted on the maps entitled ‘‘Sitka Property’’,
dated August 29, 1997, consisting of approximately
49 acres of land.
SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT.
(a) EXCHANGE OF COMPANY AND FEDERAL PROP-
ERTY.—After the Company conveys to the United States,
by general warranty deed, all right, title, and interest of
the Company in and to the Company Property, the Sec-
retary shall within 60 days of acceptance of delivery of
said deed, unconditionally and without limitation except
as provided herein, relinquish to the Company all right,
title, and interest of the United States in and to the Fed-
eral Property and shall evidence that relinquishment by
conveying to the Company a quitclaim deed to the Federal
Property.
(b) RELINQUISHMENT OF PROPERTY TO SITKA.—
Upon relinquishment of the Federal Property to the Com-
pany under subsection (a), the Company shall transfer all
right, title, and interest of the Company in the Sitka Prop-
erty to Sitka.
(c) AVAILABILITY OF MAPS.—The maps referred to
in section 3(3) depicting the Company Property and in
section 3(4) depicting the Federal Property shall be on
file and available for public inspection in the Office of the
Forest Supervisor, Chatham Area, Tongass National For-
est, in Sitka, Alaska. The maps referred to in section 3(8)
depicting the Sitka Property shall be on file and available
for public inspection in the office of the Manager of the
City and Borough of Sitka, Alaska, until the conveyance
described in subsection (b), at which time the maps shall
be recorded along with the deed.
SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RE-
LATING TO LAND EXCHANGE.
(a) SURVEYS.—Notwithstanding any other provision
of law, the Secretary of the Interior may conduct and ap-
prove all cadastral surveys that are necessary for comple-
tion of the exchange. The cost of any surveys shall be
borne by the Company.
(b) EQUAL VALUE EXCHANGE.—The values of the
Federal Property and the Company Property are deemed
to be of equal value.
(c) ADMINISTRATION.—The Secretary is directed to
implement and administer the rights and obligations of
the United States under this Act.
(d) CLEANUP OBLIGATIONS.—Nothing in this Act
shall impact or alter the Company’s rights, duties, and
obligations regarding investigation, remediation, cleanup,
and restoration under its September 10, 1995, Commit-
ment Agreement with the State of Alaska or other applica-
ble law. The Company shall use its property consistent
with all restrictive covenants, including those restrictive
covenants recorded on September 4, 1997.
(e) TITLE STANDARDS.—Title to the Company Prop-
erty to be conveyed to the United States shall be accept-
able to the Secretary consistent with the title review stand-
ard of the Attorney General of the United States.
SEC. 6. GENERAL PROVISIONS.
(a) MANAGEMENT OF COMPANY PROPERTY.—Upon
acquisition of the Company Property by the United States
pursuant to this Act, said property shall be managed as
a part of the Admiralty Island National Monument and
the Kootznoowoo Wilderness.
(b) AUTHORIZATION TO NEGOTIATE FOR ACQUISI-
TION OF PROPERTY.—In furtherance of the purposes of
the Kootznoowoo Wilderness, the Secretary, acting
through the Forest Service, is authorized to enter into ne-
gotiations with the owners of private property in Chaik
Bay on Admiralty Island, with the objective of acquiring
such property. The Secretary is authorized to enter into
an option to purchase or an exchange agreement with the
owners of such property to be effected either through ex-
isting administrative mechanisms provided by law and reg-
ulation, or by subsequent ratification by Act of Congress.
Passed the House of Representatives September 23,
1997.
Attest:
ROBIN H. CARLE,
Clerk.
By JEFF TRANDAHL,
Deputy Clerk.
Calendar No. 177
105TH CONGRESS
1ST SESSION
H. R. 1948
AN ACT
To provide for the exchange of lands within Admi-
ralty Island National Monument, and for other
purposes.
SEPTEMBER 24, 1997
Received; read twice and placed on the calendar