In the Senate of the United States,
June 30 (legislative day, June 19), 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 400) entitled ‘‘An Act to provide for the exchange
of lands within Gates of the Arctic National Park and Pre-
serve, and for other purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Anaktuvuk Pass Land
Exchange and Wilderness Redesignation Act of 1995’’.
TITLE 
I—ANAKTUVUK 
PASS 
LAND 
EX-
CHANGE AND WILDERNESS REDESIG-
NATION
SEC. 101. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Con-
servation Act (94 Stat. 2371), enacted on December 2,
1980, established Gates of the Arctic National Park
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and Preserve and Gates of the Arctic Wilderness. The
village of Anaktuvuk Pass, located in the highlands of
the central Brooks Range, is virtually surrounded by
these national park and wilderness lands and is the
only Native village located within the boundary of a
National Park System unit in Alaska.
(2) Unlike most other Alaskan Native commu-
nities, the village of Anaktuvuk Pass is not located on
a major river, lake, or coastline that can be used as
a means of access. The residents of Anaktuvuk Pass
have relied increasingly on snow machines in winter
and all-terrain vehicles in summer as their primary
means of access to pursue caribou and other subsist-
ence resources.
(3) In a 1983 land exchange agreement, linear
easements were reserved by the Inupiat Eskimo people
for use of all-terrain vehicles across certain national
park lands, mostly along stream and river banks.
These linear easements proved unsatisfactory, because
they provided inadequate access to subsistence re-
sources while causing excessive environmental impact
from concentrated use.
(4) 
The 
National 
Park 
Service 
and 
the
Nunamiut Corporation initiated discussions in 1985
to address concerns over the use of all-terrain vehicles
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on park and wilderness land. These discussions re-
sulted in an agreement, originally executed in 1992
and thereafter amended in 1993 and 1994, among the
National Park Service, Nunamiut Corporation, the
City of Anaktuvuk Pass, and Arctic Slope Regional
Corporation. Full effectuation of this agreement, as
amended, by its terms requires ratification by the
Congress.
SEC. 102. RATIFICATION OF AGREEMENT.
(a) RATIFICATION.—
(1) IN GENERAL.—The terms, conditions, proce-
dures, covenants, reservations and other provisions set
forth in the document entitled ‘‘Donation, Exchange
of Lands and Interests in Lands and Wilderness Re-
designation Agreement Among Arctic Slope Regional
Corporation, 
Nunamiut 
Corporation, 
City 
of
Anaktuvuk Pass and the United States of America’’
(hereinafter referred to in this Act as ‘‘the Agree-
ment’’), executed by the parties on December 17, 1992,
as amended, are hereby incorporated in this Act, are
ratified and confirmed, and set forth the obligations
and commitments of the United States, Arctic Slope
Regional Corporation, Nunamiut Corporation and
the City of Anaktuvuk Pass, as a matter of Federal
law.
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(2) LAND ACQUISITION.—Lands acquired by the
United States pursuant to the Agreement shall be ad-
ministered by the Secretary of the Interior (herein-
after referred to as the ‘‘Secretary’’) as part of Gates
of the Arctic National Park and Preserve, subject to
the laws and regulations applicable thereto.
(b) MAPS.—The maps set forth as Exhibits C1, C2,
and D through I to the Agreement depict the lands subject
to the conveyances, retention of surface access rights, access
easements and all-terrain vehicle easements. These lands are
depicted in greater detail on a map entitled ‘‘Land Ex-
change Actions, Proposed Anaktuvuk Pass Land Exchange
and Wilderness Redesignation, Gates of the Arctic National
Park and Preserve’’, Map No. 185/80,039, dated April 1994,
and on file at the Alaska Regional Office of the National
Park Service and the offices of Gates of the Arctic National
Park and Preserve in Fairbanks, Alaska. Written legal de-
scriptions of these lands shall be prepared and made avail-
able in the above offices. In case of any discrepancies, Map
No. 185/80,039 shall be controlling.
SEC. 103. NATIONAL PARK SYSTEM WILDERNESS.
(a) GATES OF THE ARCTIC WILDERNESS.—
(1) REDESIGNATION.—Section 701(2) of the
Alaska National Interest Lands Conservation Act (94
Stat. 2371, 2417) establishing the Gates of the Arctic
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Wilderness is hereby amended with the addition of
approximately 56,825 acres as wilderness and the re-
scission of approximately 73,993 acres as wilderness,
thus revising the Gates of the Arctic Wilderness to ap-
proximately 7,034,832 acres.
(2) MAP.—The lands redesignated by paragraph
(1) are depicted on a map entitled ‘‘Wilderness Ac-
tions, Proposed Anaktuvuk Pass Land Exchange and
Wilderness Redesignation, Gates of the Arctic Na-
tional Park and Preserve’’, Map No. 185/80,040,
dated April 1994, and on file at the Alaska Regional
Office of the National Park Service and the office of
Gates of the Arctic National Park and Preserve in
Fairbanks, Alaska.
(b) NOATAK NATIONAL PRESERVE.—Section 201(8)(a)
of the Alaska National Interest Land Conservation Act (94
Stat. 2380) is amended by—
(1) striking ‘‘approximately six million four
hundred and sixty thousand acres’’ and inserting in
lieu thereof ‘‘approximately 6,477,168 acres’’; and
(2) inserting ‘‘and the map entitled ‘Noatak Na-
tional Preserve and Noatak Wilderness Addition’
dated September 1994’’ after ‘‘July 1980’’.
(c) NOATAK WILDERNESS.—Section 701(7) of the
Alaska National Interest Lands Conservation Act (94 Stat.
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2417) is amended by striking ‘‘approximately five million
eight hundred thousand acres’’ and inserting in lieu thereof
‘‘approximately 5,817,168 acres’’.
SEC. 104. CONFORMANCE WITH OTHER LAW.
(a) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All
of the lands, or interests therein, conveyed to and received
by Arctic Slope Regional Corporation or Nunamiut Cor-
poration pursuant to the Agreement shall be deemed con-
veyed and received pursuant to exchanges under section
22(f) of the Alaska Native Claims Settlement Act, as amend-
ed (43 U.S.C. 1601, 1621(f)). All of the lands or interests
in lands conveyed pursuant to the Agreement shall be con-
veyed subject to valid existing rights.
(b) ALASKA NATIONAL INTEREST LANDS CONSERVA-
TION ACT.—Except to the extent specifically set forth in this
Act or the Agreement, nothing in this Act or in the Agree-
ment shall be construed to enlarge or diminish the rights,
privileges, or obligations of any person, including specifi-
cally the preference for subsistence uses and access to sub-
sistence resources provided under the Alaska National Inter-
est Lands Conservation Act (16 U.S.C. 3101 et seq.).
TITLE II—ALASKA PENINSULA
SUBSURFACE CONSOLIDATION
SEC. 201. DEFINITIONS.
As used in this Act:
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(1) AGENCY.—The term agency—
(A) means—
(i) any instrumentality of the United
States; and
(ii) any Government corporation (as
defined in section 9101(1) of title 31 United
States Code); and
(B) includes any element of an agency.
(2) ALASKA
NATIVE
CORPORATION.—The term
‘‘Alaska Native Corporation’’ has the same meaning
as is provided for ‘‘Native Corporation’’ in section
3(m) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(m)).
(3) FEDERAL LANDS OR INTEREST THEREIN.—
The term ‘‘Federal lands or interests therein’’ means
any lands or properties owned by the United States
(i) which are administered by the Secretary, or (ii)
which are subject to a lease to third parties, or (iii)
which have been made available to the Secretary for
exchange under this section through the concurrence of
the director of the agency administering 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 sec-
tion 102(4) of the Alaska National Interest Lands
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Conservation Act (16 U.S.C. 3102(4)), and those
lands the mineral interests 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 Set-
tlement Act (43 U.S.C. 1602(g)).
(6) SECRETARY.—Except as otherwise provided,
the term ‘‘Secretary’’ means the Secretary of the Inte-
rior.
(7) SELECTION
RIGHTS.—The term ‘‘selection
rights’’ means those rights granted to Koniag, pursu-
ant to subsections (a) and (b) of section 12, and sec-
tion 14(h)(8), of the Alaska Native Claims Settlement
Act (43 U.S.C. 1611 and 1613(h)(8)), to receive title
to the oil and gas rights and other interests in the
subsurface estate of the approximately 275,000 acres
of public lands in the State of Alaska identified as
‘‘Koniag Selections’’ on the map entitled ‘‘Koniag In-
terest Lands, Alaska Peninsula,’’ dated May 1989.
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SEC. 202. VALUATION OF KONIAG SELECTION RIGHTS.
(a) Pursuant to the provisions of subsection (b) hereof,
the Secretary shall value the selection rights which Koniag
possesses within the boundaries of Aniakchak National
Monument and Preserve, Alaska Peninsula National Wild-
life Refuge, and Becharof National Wildlife Refuge.
(b) VALUE.—
(1) IN
GENERAL.—The value of the selection
rights shall be equal to the fair market value of—
(A) the oil and gas interests in the lands or
interests in lands that are the subject of the selec-
tion rights; and
(B) in the case of the lands or interests in
lands for which Koniag is to receive the entire
subsurface estate, the subsurface estate of the
lands or interests in lands that are the subject of
the selection rights.
(2) APPRAISAL.—
(A) SELECTION OF APPRAISER.—
(i) IN GENERAL.—Not later than 90
days after the date of enactment of this Act,
the Secretary and Koniag shall meet to se-
lect a qualified appraiser to conduct an ap-
praisal of the selection rights. Subject to
clause (ii), the appraiser shall be selected by
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the mutual agreement of the Secretary and
Koniag.
(ii) FAILURE TO AGREE.—If the Sec-
retary and Koniag fail to agree on an ap-
praiser by the date that is 60 days after the
date of the initial meeting referred to in
clause (i), the Secretary and Koniag shall,
by the date that is not later than 90 days
after the date of the initial meeting, each
designate an appraiser who is qualified to
perform the appraisal. The 2 appraisers so
identified shall select a third qualified ap-
praiser who shall perform the appraisal.
(B) STANDARDS AND METHODOLOGY.—The
appraisal shall be conducted in conformity with
the standards of the Appraisal Foundation (as
defined in section 1121(9) of the Financial Insti-
tutions Reform, Recovery, and Enforcement Act
of 1989 (12 U.S.C. 3350(9)).
(C) SUBMISSION OF APPRAISAL REPORT.—
Not later than 180 days after the selection of an
appraiser pursuant to subparagraph (A), the ap-
praiser shall submit to the Secretary and to
Koniag a written appraisal report specifying the
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value of the selection rights and the methodology
used to arrive at the value.
(3) DETERMINATION OF VALUE.—
(A) DETERMINATION BY THE SECRETARY.—
Not later than 60 days after the date of the re-
ceipt of the appraisal report under paragraph
(2)(C), the Secretary shall determine the value of
the selection rights and shall notify Koniag of
the determination.
(B) 
ALTERNATIVE
DETERMINATION
OF
VALUE.—
(i) IN
GENERAL.—Subject to clause
(ii), if Koniag does not agree with the value
determined by the Secretary under subpara-
graph (A), the procedures specified in sec-
tion 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1716(d)) shall be used to establish the value.
(ii) AVERAGE
VALUE
LIMITATION.—
The average value per acre of the selection
rights shall not be less than the value utiliz-
ing the risk adjusted discount cash flow
methodology, but in no event may exceed
$300.
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SEC. 203. KONIAG EXCHANGE.
(a) IN GENERAL.—
(1) The Secretary shall enter into negotiations
for an agreement or agreements to exchange Federal
lands or interests therein which are in the State of
Alaska for the selection rights.
(2) if the value of the Federal property to be ex-
changed is less than the value of the selection rights
established in section 202, and if such Federal prop-
erty to be exchanged is not generating receipts to the
Federal Government in excess of $1,000,000 per year,
than the Secretary may exchange the Federal prop-
erty for that portion of the selection rights having a
value equal to that of the Federal property. The re-
maining selection rights shall remain available for
additional exchanges.
(3) For the purposes of any exchange to be con-
summated under this title II, if less than all of 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 section 202 hereof and the denomi-
nator of which is the total number of acres of selection
rights.
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(b) ADDITIONAL EXCHANGES.—If, after ten years from
the date of enactment of this Act, the Secretary has been
unable to conclude such exchanges as may be required to
acquire all of the selection rights, he shall conclude ex-
changes 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 Secretary under any provision of law and which
property, at the time of the proposed transfer to Koniag
is not generating receipts to the Federal Government in ex-
cess 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 administrative jurisdiction of the Department of the In-
terior. Such property shall not be subject to the geographic
limitations of section 206(b) of the Federal Land Policy and
Management Act and may be retained by the Secretary sole-
ly for the purposes of transferring 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 selec-
tion rights, then Koniag shall have the option of (i) declin-
ing to proceed with the exchange and identifying other
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property or (ii) paying the difference in value between the
property and the selection rights.
(c) REVENUES.—Any property received by Koniag in
an exchange entered into pursuant to subsection (a) or (b)
of this section shall be deemed to be an interest in the sub-
surface 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 undivided interest in the property equal in value
to such payment which interest shall not be subject to the
provisions of section 7(i).
SEC. 204. CERTAIN CONVEYANCES.
(a) INTERESTS IN LAND.—For the purposes of section
21(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1620(c)), the receipt of consideration, including, but not
limited to, lands, cash or other property, by a Native Cor-
poration for the relinquishment to the United States of land
selection rights granted to any Native Corporation under
such Act shall be deemed to be an interest in land.
(b) AUTHORITY TO APPOINT AND REMOVE TRUST-
EES.—In establishing a Settlement Trust under section 39
of such Act (43 U.S.C. 1629c), Koniag may delegate, in
whole or in part, the authority granted to Koniag under
subsection (b)(2) of such section to any entity that Koniag