H. R. 4236—36
(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, wildlife, 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 approximately 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 authorize 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 management, 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 except 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, lignite, peat, rock, sand, gravel, and quartz.
(3) OIL
AND
GAS
INTERESTS.—The term ‘‘oil and gas
interests’’ means all oil and gas of any nature, 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 Secretary of Agriculture.
(5) WEYERHAEUSER.—The term ‘‘Weyerhaeuser’’ means
Weyerhaeuser Company, a company incorporated in the State
of Washington.
(d) EXCHANGE OF LANDS AND MINERAL INTEREST.—
(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing 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 approximately 28,000
acres of Federal lands and mineral interests in the State of
Oklahoma as depicted on maps entitled ‘‘Arkansas-Oklahoma
Land Exchange—Federal Arkansas and Oklahoma Lands,’’
dated February 1996 and available for public inspection 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, sub-
ject 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
H. R. 4236—37
entitled 
‘‘Arkansas-Oklahoma 
Land 
Exchange—
Weyerhaeuser Oklahoma Lands,’’ dated February 1996 and
available 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-Oklahoma 
Land 
Exchange—
Weyerhaeuser Arkansas Ouachita Lands,’’ dated February
1996 and available for public inspection in appropriate
offices 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-Oklahoma 
Land 
Exchange—
Weyerhaeuser Arkansas Cossatot Lands,’’ dated February
1996 and available for public inspection in appropriate
offices of the Secretaries.
(e) EXCHANGE OF OIL AND GAS INTERESTS.—
(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing 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 exchange of oil and
gas interests pursuant to paragraph (1), Weyerhaeuser shall
reserve oil and gas interests in and under the lands depicted
for reservation upon a map entitled Arkansas-Oklahoma Land
Exchange—Weyerhaeuser Oil and Gas Interest Reservation
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
reservation 
shall 
comply 
with 
the 
jointly 
agreed 
to
Memorandum of Understanding between the Forest Service
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 Energy and Natural Resources
of the United States Senate and the Committee on Resources
of the United States House of Representatives.
(f) GENERAL PROVISIONS.—
(1) MAPS CONTROLLING.—The acreage cited in this section
is approximate. In the case of a discrepancy between the
description of lands, mineral interests, or oil and gas interests
to be exchanged pursuant 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 noti-
fies the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the
United States House of Representatives of any such minor
corrections.
(2) FINAL MAPS.—Not later than 180 days after the conclu-
sion of the exchange required by subsections (d) and (e), the
H. R. 4236—38
Secretaries shall transmit maps accurately depicting the lands,
mineral interests, and oil and gas interests conveyed and trans-
ferred pursuant to this section and the acreage and boundary
descriptions of such lands, mineral interests, 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 Representatives.
(3) CANCELLATION.—If, before the exchange has been car-
ried 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 interests shall
revert to the status of such lands, mineral 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 pro-
vided for in subsections (d) and (e) or on the date of notification
by Weyerhauser of a decision not to complete the exchange.
(g) NATIONAL FOREST SYSTEM.—
(1) ADDITION TO THE SYSTEM.—Upon approval and accept-
ance 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 administered by the
Secretary of Agriculture in accordance with the laws and regu-
lations pertaining to the National Forest System.
(2) PLAN AMENDMENTS.—No later than 12 months after
the completion of the exchange required 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 amendment or revision of applicable land
and resource management plans shall be required prior to
completion of the amendment process required by this para-
graph for the Secretary of Agriculture to authorize or undertake
activities consistent with forest wide standards and guidelines
and all other applicable 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 subsection (d)(2)(C), the Arkansas Cossatot lands,
shall be managed by the Secretary of the Interior as a
H. R. 4236—39
component of the Cossatot National Wildlife Refuge in accord-
ance with the National Wildlife Refuge System 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 important 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 extent 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 regulations promulgated
by the Secretary of the Interior with respect to hunting, fishing,
and trapping on those lands shall, to the extent practicable,
be consistent with State fish and wildlife laws and regulations.
In preparing the management plan and regulations, 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 prepared
under paragraph (2), the Secretary of the Interior shall
administer all lands added to the Cossatot National Wild-
life Refuge pursuant to this title in accordance with the
National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd–668ee) and other applicable laws.
(B) HUNTING SEASONS.—During the period described
in subparagraph (A), the duration of any hunting season
on the lands described in paragraph (1) shall comport with
the applicable State law.
(i) OUACHITA NATIONAL FOREST BOUNDARY ADJUSTMENT.—
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 encompass those lands conveyed to the United States
generally depicted on the appropriate maps referred to in subsection
(d). Nothing in this subsection shall limit the authority 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 description of the lands
depicted on the map(s) referred to in subsection (d)(2) (A) and
(B). Such map(s) and boundary description shall have the same
force and effect as if included in this Act, except that the Secretary
of Agriculture may correct clerical and typographical errors.
H. R. 4236—40
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 inserting ‘‘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 Secretary, in considering the values
of the private lands to be exchanged under this subsection, shall
consider independent 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 consummation of the exchange of July
1, 1998, the Secretary of the Interior and the Secretary of Agri-
culture shall each submit a report to the Committee on Resources
of the 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 enactment 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 Secretary 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 described in this
paragraph are approximately 3.76 acres of lands located in
Liberty County, Texas, as generally depicted on the map
entitled ‘‘Big Thicket Lake Estates Access—Proposed’’.
(2) FEDERAL LANDS.—The Federal lands described in this
paragraph are approximately 2.38 acres of lands located in
Menard Creek Corridor Unit of the Big Thicket National
Preserve, as generally depicted on the map referred to in para-
graph (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.—
H. R. 4236—42
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 described 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 enactment of this Act; and
(II) the Corporation shall be allowed at least
3 years after the end of 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
circumstances 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 para-
graph (4).
(4) LAND EXCHANGE SPECIFICATION AGREEMENT.—
(A) IN GENERAL.— Notwithstanding any other provision
of law, a document entitled ‘‘R–Y/Forest Service Land
Exchange Specifications’’ shall be jointly developed and
agreed to by the Corporation and the Secretary.
(B) DESCRIPTIONS OF LANDS TO BE EXCHANGED.—The
document under subparagraph (A) shall define the non-
Federal and Federal lands and interests in land to be
exchanged and include legal descriptions of the lands and
interests in land and an agreement to harvest timber on
National Forest System land in accordance with the
standard timber contract specifications, section 251.14 of
title 36, Code of Federal Regulations (as in effect on the
date of enactment of this Act), and any other pertinent
conditions.
(C) SUBMISSION TO CONGRESS.—The document under
subparagraph (A)—
(i) upon its completion shall be submitted 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 committees.
(D) DESIGN AND LAYOUT.—
(i) IN GENERAL.—The Forest Service shall deter-
mine the timber sale design and layout in consultation
with the Corporation.
(ii) HARVEST VOLUME.—Identification of the timber
harvest volume shall be determined in accordance with
Department of Agriculture standards.
(iii) 
MONITORING.—The 
Forest 
Service 
shall
monitor harvest and post-harvest activities to ensure
H. R. 4236—43
compliance with the terms and conditions of the docu-
ment under subparagraph (A).
(5) CONFLICT.—In case of conflict between the map
described in paragraph (2)(A) and the document under para-
graph (4), the map shall control.
(b) TITLE.—
(1) REVIEW OF TITLE.—Not later than 60 days after receipt
of title documents from the Corporation, 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 otherwise acceptable to the
Secretary;
(B) all draft conveyances and closing documents have
been received and approved;
(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 Secretary shall advise the
Corporation regarding corrective actions necessary to make an
affirmative determination.
(3) CONVEYANCE OF TITLE.—The Secretary shall accept the
conveyance of land described in subsection (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 may be agreed upon
by the Secretary and the Corporation.
(B) PUBLC AVAILABILITY.—The map described in sub-
section (a)(2)(A) and the document under subsection (a)(4)
shall be on file and available for public inspection in the
appropriate offices for the Forest Service.
(2) NATIONAL FOREST SYSTEM LAND.—
(A) IN
GENERAL.—All land conveyed to the United
States is not otherwise acceptable to the Secretary, the
Secretary shall advise the Corporation regarding corrective
actions necessary to make an affirmative determination.
(3) CONVEYANCE OF TITLE.—The Secretary shall accept the
conveyance of land described in subsection (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 Secretary and the Corporation.
(B) PUBLIC AVAILABILITY.—The map described in sub-
section (a)(2)(A) and the document under subsection (a)(4)
H. R. 4236—44
shall be on file and available for public inspection in the
appropriate 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 adminis-
tered as part of the Beaverhead-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
ACQUISITIONS.—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, agencies, and employees
of the United States) shall not be liable under the Comprehen-
sive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.), the Federal Water Pollution
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 acquisi-
tion, including any release or threat of release of a hazardous
substance.
(5) RELEASE FROM STUDY.—The land comprising approxi-
mately 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 AGRICULTURE.—
(1) 
CONVEYANCE.—In 
exchange 
for 
the 
conveyance
described in subsection (b), the Secretary of Agriculture (herein-
after referred to as the ‘‘Secretary’’) shall convey to the Orange
County Council of the Boy Scouts of America all right, title,
and interest of the United States in and to the parcel of land
described in paragraph (2) located in the Cleveland 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 AMERICA.—
(1) 
CONVEYANCE.—In 
exchange 
for 
the 
conveyance
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
H. R. 4236—45
be subject to such valid existing rights of record as may be
acceptable to the Secretary, and the title to the parcel 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 approximately equal in value
to the lands described in subsection (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 National Forest to exclude the
parcel conveyed by the Secretary under subsection (a) and to include
the parcel obtained by the Secretary under subsection (b). For
purposes 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 January 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:
(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, adjacent to Zion National
Park, comprised of approximately 550 acres, as generally
depicted on a map entitled ‘‘Washington County Water Conser-
vancy 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, Com-
prised 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 Washington 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.
(6) QUAIL
CREEK
RESERVOIR.—The term ‘‘Quail Creek
Reservoir’’ means the lands located in Washington County,
Utah, comprised of approximately 480.5 acres, as generally
depicted on a map entitled ‘‘Washington County Water Conser-
vancy District Exchange Proposal’’ and dated May 30, 1996.
(7) SMITH PROPERTY.—The term ‘‘Smith Property’’ means
the lands located in Washington County, Utah, comprised of
approximately 1,550 acres as generally depicted on a map enti-
tled ‘‘Washington County Water Conservancy District Exchange
Proposal’’ and dated May 30, 1996.
(b) EXCHANGE.—
H. R. 4236—46
(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 interest 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.
(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 pub-
lic 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 domestic livestock on the Sand Hollow
Site under the terms and conditions of existing Federal grazing
leases or permits, except that the District, upon terminating
any such lease or permit, shall fully compensate the holder
of the terminated lease or permit.
(c) EQUALIZATION OF VALUES.—The value of the lands trans-
ferred out of Federal ownership under subsection (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 determined 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 applicable 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 Policy 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
H. R. 4236—47
and any interests in lands in Washington County, Utah, by pur-
chase, 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 des-
ignation of such property as critical habitat for a species 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 AUTHORIZATION FOR
FISCAL YEARS 1997 THROUGH 2002.
Section 318(a) of the Federal Land Policy and Management
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’’.
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 following:
(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 Service are within
the area impacted by the Exxon Valdez oil spill of 1989,
and these lands included important habitat for various
species of fish and wildlife for which significant injury
resulting 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 cultural
and archaeological resources. This analysis has also
indicated that these lands generally have high value for
the restoration of injured species that rely on these natural
resources, including 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 convey-
ances 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 Interest 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));
(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;
H. R. 4236—48
(6) ‘‘KNA’’ means the Kenai Natives Association, Inc., an
urban corporation incorporated in the State of Alaska pursuant
to the terms of ANCSA;
(7) ‘‘lands’’ means any lands, waters, or interests therein;
(8) ‘‘Refuge’’ means the Kenai National Wildlife Refuge;
(9) ‘‘Secretary’’ means the Secretary of the Interior;
(10) ‘‘Service’’ means the United States Fish and Wildlife
Service; and
(11) ‘‘Terms and Conditions’’ means the Terms and Condi-
tions for Land Consolidation and Management 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 availability of the
funds identified in paragraph (2)(C), no later than 90 days
after the date of enactment 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 selection rights under ANCSA to be relin-
quished, all situated within the boundary of the Refuge,
are the following:
(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 selection known
as the Moose River Selected Tract, containing approxi-
mately 753 acres located along the Moose River.
(iv) The relinquishment of KNA’s remaining
ANCSA entitlement of approximately 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 acquisi-
tion will satisfy all of KNA’s ANCSA entitlement.
(vi) The conveyance of an access easement provid-
ing the United States and its assigns access across
KNA’s surface estate in the SW1⁄4 of section 21, T.
6 N., R. 9 W., Seward Meridian, Alaska.
H. R. 4236—49
(vii) 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.
(B) LANDS TO BE CONVEYED TO KNA.—The rights pro-
vided or lands to be conveyed by the United States to
KNA, are the following:
(i) The surface and subsurface estate to approxi-
mately 5 acres, subject to reservations 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 Creek Selected Tract, and portions of the Swan-
son 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 but
excluding 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 Conditions, including the right to sand
and gravel, 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 necessary 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 United States shall retain the
ownership of all other sand and gravel located within
the subsurface and KNA shall not sell or dispose of
such sand and gravel.
(II) The right to excavate within the subsurface
estate as reasonably necessary for structures, utilities,
transportation systems, and other development of the
surface estate.
(iv) The nonexclusive right to excavate within the
subsurface estate as reasonably necessary for struc-
tures, 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 removal
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.
H. R. 4236—50
(v) 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 para-
graph (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 settlement
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 recogni-
tion of the archaeological artifacts from the original
Dena’ina Settlement. If the Department of the Interior
establishes a historical, cultural, or archaeological interpre-
tive 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.
(3) GENERAL PROVISIONS.—
(A) REMOVAL
OF
KNA
LANDS
FROM
THE
NATIONAL
WILDLIFE REFUGE SYSTEM.—
(i) Effective on the date of closing for the Acquisi-
tion Lands identified in paragraph (2)(B), all lands
retained by or conveyed to KNA pursuant to this sec-
tion, and the subsurface interests of CIRI underlying
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 to the interests received
by KNA in accordance 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 retained 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 bound-
ary 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
paragraph 1(B)(1) of the Terms and Conditions,
addresses CIRI’s obligations under such paragraph,