I
104TH CONGRESS
1ST SESSION
H. R. 401
Entitled the ‘‘Kenai Natives Association Equity Act’’.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
A BILL
Entitled the ‘‘Kenai Natives Association Equity Act’’.
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 ‘‘Kenai Natives Associa-
tion Equity Act of 1995’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the United States Fish and Wildlife Service
and Kenai Natives Association, Inc. (KNA), have
agreed to an exchange and acquisition program pur-
suant to Public Law 102–458, of lands and interests
in lands in and near the Kenai National Wildlife
Refuge (Refuge);
(2) this acquisition of and exchange of lands
will significantly enhance the ability of the Service to
conserve fish and wildlife populations and habitats,
fulfill migratory bird treaties, ensure water quality
and quantity, provide opportunities for environ-
mental research and education, improve access to
fish and wildlife oriented recreation, and further en-
hance the Refuge management objectives;
(3) the amount to be paid for the Swanson
River Road West Tract, the sole issue upon which
the Service and KNA could not agree, is established
by Congress at $7,500,000; and
(4) it is in the public interest to complete this
exchange, and to provide for the economic and bene-
ficial use of lands conveyed to KNA in fulfillment of
the purpose of the Alaska Native Claims Settlement
Act of 1971, as amended (43 U.S.C. 1601 et seq.)
(Settlement Act).
(b) PURPOSE.—The purpose of this Act is to author-
ize and direct the Secretary to complete an exchange and
acquisition as provided by Public Law 102–458 of lands
owned by KNA that will provide for and enhance the man-
agement opportunities and objectives of the Refuge, and
assist KNA in achieving economic viability and use of its
retained lands in furtherance of the Settlement Act.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term—
(1) ‘‘ANILCA’’ means the Alaska National In-
terest Lands Conservation Act, as amended (16
U.S.C. 3101 et seq.);
(2) ‘‘conservation system unit’’ has the same
meaning as in ANILCA;
(3) ‘‘KNA’’ means the Kenai Natives Associa-
tion, Inc., an urban corporation incorporated in the
State of Alaska pursuant to the terms of the Settle-
ment Act;
(4) ‘‘lands’’ means both the surface and sub-
surface estates or any interest therein whenever both
estates are owned by the United States or KNA, as
applicable;
(5) ‘‘property’’ has the same meaning given
such term by section 12(b)(7) of the Settlement Act;
(6) ‘‘refuge’’ means the Kenai National Wildlife
Refuge;
(7) ‘‘Secretary’’ means the Secretary of the
Interior;
(8) ‘‘Service’’ means the United States Fish
and Wildlife Service; and
(9) ‘‘Settlement Act’’ means the Alaska Native
Claims Settlement Act of 1971, as amended (43
U.S.C. 1601 et seq.).
SEC. 4. EXCHANGE AND ACQUISITION OF LANDS.
(a) EXCHANGE
OF
LANDS; ACQUISITION
AND
EQUALIZATION PAYMENT.—
(1) IN GENERAL.—No later than June 1, 1995,
the Secretary shall offer to convey to KNA, in ac-
cordance with the provisions of the report to Con-
gress issued pursuant to Public Law 102–458 and
subject to the provisions of paragraph (3) and valid
existing rights, approximately 1,831 acres of land,
portions of the Federal subsurface estate underlying
the same, and portions of the Federal subsurface es-
tate underlying another 3,238 acres, all as identified
in subsection (b)(2), in exchange for approximately
14,338 acres of KNA land, and the relinquishment
by KNA of its unpatented selections and all entitle-
ment to selections under the Settlement Act, consist-
ing of approximately 1,207 acres, all located within
the Refuge and identified in subsection (b)(1). The
Secretary shall develop the offer required by this
section in consultation with KNA.
(2) LIMITATION.—The Secretary may not con-
vey any lands or make any payment to KNA under
this section unless title to the lands to be conveyed
by KNA in exchange for such lands and payments
is in accordance with the Department of Justice
standards for preparation of title evidence in land
acquisitions by the United States.
(3) SOURCES OF FUNDS.—The Secretary shall
utilize any combination of Land and Water Con-
servation Act of 1965 funds, funds otherwise appro-
priated by the Congress, Exxon Valdez Oil Spill set-
tlement funds, and lands or other Federal property
within the Secretary’s jurisdiction as payment to
KNA to equalize the values in the exchange.
(4) INTEREST.—If a bonafide offer required by
this section is not made by June 1, 1995, interest
on the value of the property and interests to be con-
veyed to KNA shall accrue beginning October 1,
1993.
(b) EXCHANGE AND ACQUISITION LANDS.—
(1) KNA LANDS TO BE ACQUIRED.—The lands
or interests to be conveyed by KNA to the United
States, all situated within the existing authorized
boundary of the Refuge, and identified on the map
titled ‘‘Kenai Natives Association, Inc. and United
States Fish and Wildlife Service Negotiated Ex-
change/Acquisition Package,’’ dated October 1993,
on file and available for inspection in the Office of
the Secretary, generally include, subject to reserva-
tions of existing road easements—
(A) approximately 803 acres located along
the Kenai River, known as the Stephanka
Tract;
(B) approximately 1,243 acres located
along the Moose River, known as the Moose
River Patented Lands Tract;
(C) approximately 2,120 acres located
along Marathon Road, known as the Beaver
Creek Tract;
(D) approximately 10,172 acres located
along the Swanson River Road and the Sunken
Island Lake Road, known as the Swanson River
Road West Tract;
(E) all of the remaining KNA selections
under the Settlement Act, consisting of approxi-
mately 1,207 acres, are hereby relinquished and
all remaining entitlement of KNA is hereby ex-
tinguished; and
(F) an easement for access to and use of
less than one acre of land, located in the NE1⁄4
NE1⁄4 of section 24, T.6N., R.9W., Seward Me-
ridian, within the Swanson River Road East
Tract, for so long as the site is used by the
Service as a radio communications repeater site.
(2) LANDS TO BE EXCHANGED.—The lands or
interests to be conveyed by the United States to
KNA, and identified (except for the parcel identified
in subparagraph (A)) on the map titled ‘‘Kenai Na-
tives Association, Inc. and United States Fish and
Wildlife Service Negotiated Exchange/Acquisition
package,’’ dated October 1993, on file and available
for inspection in the Office of the Secretary, gen-
erally include, subject to reservations of existing
road easements—
(A) approximately five acres, located with-
in the city of Kenai, Alaska, identified as Unit-
ed States Survey 1435, and known as the old
Fish and Wildlife Service Headquarters site;
(B) approximately 1,826 acres located
along the Swanson River Road, known as the
Swanson River Road East Tract; and
(C) the subsurface estate (less oil, coal,
and gas) to approximately 5,064 acres, includ-
ing approximately 1,826 acres underlying the
Swanson River Road East Tract and approxi-
mately 3,238 adjacent acres underlying lands
previously patented to KNA which are located
east of the Swanson River Road.
(3) ACQUISITION AUTHORITY.—The lands iden-
tified for acquisition by the United States, specifi-
cally identified on the maps referenced in subsection
(c) as the Stephanka Tract, the Beaver Creek Tract,
and the Moose River Patented Lands Tract, collec-
tively referred to as the ‘‘Kenai River Project’’, may
be acquired by the United States pursuant to the
Land and Water Conservation Fund Act of 1965.
(4) 
NATIONAL
REGISTER
OF
HISTORIC
PLACES.—Upon completion of the exchange author-
ized in subsection (a), the Secretary shall promptly
undertake to nominate the Stephanka Tract to the
National Register of Historic Places, in recognition
of the archeological artifacts from the original
Kenaitze Indian settlement.
(5) VALUATIONS.—This exchange and acquisi-
tion shall be accomplished utilizing the valuations es-
tablished in the report to Congress issued pursuant
to Public Law 102–458, with the exception of the
Swanson River Road West Tract which value is es-
tablished at $7,500,000.
(c) GENERAL PROVISIONS.—
(1) REMOVAL
OF
RESTRICTIONS.—(A) Those
lands retained by KNA, and those parcels within the
Refuge, including designated wilderness, conveyed to
KNA pursuant to the terms of this Act, shall be re-
moved in their entirety from inclusion within the
boundaries of the Refuge by operation of this Act.
Such removal from the boundaries of the Refuge
shall terminate any application of Federal manage-
ment and patent restrictions applicable to lands
within the Refuge for which conveyance was made
pursuant to the terms of the Settlement Act or any
other law or regulation applicable solely to Federal
lands.
(B) The Secretary shall execute and file such
instruments as are necessary to convey lands and re-
move the restrictions referred to in this section at
the time of the conveyances provided in subsection
(a)(1).
(C) Any lands KNA shall receive from the Unit-
ed States pursuant to this Act shall be deemed to
have been conveyed pursuant to the Settlement Act.
(2) MAPS
AND
LEGAL
DESCRIPTIONS.—The
maps described in this section and a legal descrip-
tion of the lands depicted on the maps shall be on
file and available for public inspection in the appro-
priate offices of the United States Department of
the Interior. Not later than 120 days after the day
of enactment of this Act, the Secretary shall prepare
a legal description of the lands depicted on the maps
referred to in this section. Such maps and legal de-
scriptions shall have the same force and effect as if
included in this Act, except that the Secretary may
correct clerical and typographical errors.
(3) ACCEPTANCE.—KNA may accept the offer
made pursuant to subsection (a) by notifying the
Secretary in writing of its decision within 120 days
of receipt of the offer. In the event the offer is re-
jected, the Secretary shall submit a report to Con-
gress describing the reasons why agreement was not
reached.
(4) FINAL
MAPS.—Not later than 120 days
after the conclusion of the exchange 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 WILDLIFE REFUGE
SYSTEM.
(a) ADDITION TO THE KENAI NATIONAL WILDLIFE
REFUGE.—The Secretary shall add the lands conveyed to
the United States pursuant to subsection (a)(1) to the
Refuge. The Secretary shall manage such lands in accord-
ance with the provisions of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd–
668ee) and ANILCA.
(b) KENAI NATIONAL WILDLIFE REFUGE BOUND-
ARY ADJUSTMENT.—The boundaries of the Refuge as set
forth in section 303(4)(A) of ANILCA are hereby adjusted
to include those lands generally depicted on the map de-
scribed in section 4(c)(4) entitled ‘‘Proposed Boundary
Extension’’, dated October 1993.
(c) ADDITION TO WILDERNESS AREA.—Upon acqui-
sition of lands by the United States pursuant to section
4(a)(1), that portion of the Stephanka Tract lying south
and west of the Kenai River, consisting of approximately
592 acres and as generally depicted as ‘‘To be included
in wilderness’’ on the map referenced in section 4(b)(1),
shall be included in and managed as part of the Kenai
Wilderness. Upon their inclusion into the Kenai Wilder-
ness, such lands shall be managed in accordance with the
applicable provisions of the Wilderness Act and ANILCA.
(d) REMOVAL OF CONVEYED LANDS FROM WILDER-
NESS AREA.—Upon conveyance to KNA of those lands
under section 4(b)(2), a portion of which is currently des-
ignated wilderness, consisting of approximately 623.5
acres and identified as ‘‘To be removed from wilderness’’
on the map referenced in section 4(b)(2), such lands are
removed from the Kenai Wilderness and the National Wil-
derness Preservation System.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out the purposes of this Act.
SEC. 7. LIMITATION ON APPLICATION OF REQUIREMENT
FOR 
ACQUISITIONS 
BY 
UNITED 
STATES
UNDER MIGRATORY BIRD CONSERVATION
ACT.
Section 7 of the Migratory Bird Conservation Act (16
U.S.C. 715f) is amended by inserting ‘‘in fee’’ after ‘‘con-
veyance’’.
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