H. R. 1266
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Greens Creek Land Exchange
Act of 1995’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act
established the Admiralty Island National Monument and sec-
tions 503 and 504 of that Act provided special provisions under
which the Greens Creek Claims would be developed. The provi-
sions supplemented the general mining laws under which these
claims were staked.
(2) The Kennecott Greens Creek Mining Company, Inc.,
currently holds title to the Greens Creek Claims, and the
area surrounding these claims has further mineral potential
which is yet unexplored.
(3) Negotiations between the United States Forest Service
and the Kennecott Greens Creek Mining Company, Inc., have
resulted in an agreement by which the area surrounding the
Greens Creek Claims could be explored and developed under
terms and conditions consistent with the protection of the val-
ues of the Admiralty Island National Monument.
(4) The full effectuation of the Agreement, by its terms,
requires the approval and ratification by Congress.
SEC. 3. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Agreement’’ means the document entitled
the ‘‘Greens Creek Land Exchange Agreement’’ executed on
December 14, 1994, by the Under Secretary of Agriculture
for Natural Resources and Environment on behalf of the United
States and the Kennecott Greens Creek Mining Company and
Kennecott Corporation;
(2) the term ‘‘ANILCA’’ means the Alaska National Interest
Lands Conservation Act, Public Law 96–487 (94 Stat. 2371);
(3) the term ‘‘conservation system unit’’ has the same mean-
ing as defined in section 102(4) of ANILCA;
(4) the term ‘‘Greens Creek Claims’’ means those patented
mining claims of Kennecott Greens Creek Mining Company
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within the Monument recognized pursuant to section 504 of
ANILCA;
(5) the term ‘‘KGCMC’’ means the Kennecott Greens Creek
Mining Company, Inc., a Delaware corporation;
(6) the term ‘‘Monument’’ means the Admiralty Island
National Monument in the State of Alaska established by sec-
tion 503 of ANILCA;
(7) the term ‘‘Royalty’’ means Net Island Receipts Royalty
as that latter term is defined in Exhibit C to the Agreement;
and
(8) the term ‘‘Secretary’’ means the Secretary of Agriculture.
SEC. 4. RATIFICATION OF THE AGREEMENT.
The Agreement is hereby ratified and confirmed as to the
duties and obligations of the United States and its agencies, and
KGCMC and Kennecott Corporation, as a matter of Federal law.
The agreement may be modified or amended, without further action
by the Congress, upon written agreement of all parties thereto
and with notification in writing being made to the appropriate
committees of the Congress.
SEC. 5. IMPLEMENTATION OF THE AGREEMENT.
(a) LAND ACQUISITION.—Without diminishment of any other
land acquisition authority of the Secretary in Alaska and in further-
ance of the purposes of the Agreement, the Secretary is authorized
to acquire lands and interests in land within conservation system
units in the Tongass National Forest, and any land or interest
in land so acquired shall be administered by the Secretary as
part of the National Forest System and any conservation system
unit in which it is located. Priority shall be given to acquisition
of non-Federal lands within the Monument.
(b) ACQUISITION FUNDING.—There is hereby established in the
Treasury of the United States an account entitled the ‘‘Greens
Creek Land Exchange Account’’ into which shall be deposited the
first $5,000,000 in royalties received by the United States under
part 6 of the Agreement after the distribution of the amounts
pursuant to subsection (c) of this section. Such moneys in the
special account in the Treasury may, to the extent provided in
appropriations Acts, be used for land acquisition pursuant to sub-
section (a) of this section.
(c) TWENTY-FIVE PERCENT FUND.—All royalties paid to the
United States under the Agreement shall be subject to the 25
percent distribution provisions of the Act of May 23, 1908, as
amended (16 U.S.C. 500) relating to payments for roads and schools.
(d) MINERAL DEVELOPMENT.—Notwithstanding any provision
of ANILCA to the contrary, the lands and interests in lands being
conveyed to KGCMC pursuant to the Agreement shall be available
for mining and related activities subject to and in accordance with
the terms of the Agreement and conveyances made thereunder.
(e) ADMINISTRATION.—The Secretary of Agriculture is author-
ized to implement and administer the rights and obligations of
the Federal Government under the Agreement, including monitoring
the Government’s interests relating to extralateral rights, collecting
royalties, and conducting audits. The Secretary may enter into
cooperative arrangements with other Federal agencies for the
performance of any Federal rights or obligations under the Agree-
ment or this Act.
H. R. 1266—3
(f) REVERSIONS.—Before reversion to the United States of
KGCMC properties located on Admiralty Island, KGCMC shall
reclaim the surface disturbed in accordance with an approved plan
of operations and applicable laws and regulations. Upon reversion
to the United States of KGCMC properties located on Admiralty,
those properties located within the Monument shall become part
of the Monument and those properties lying outside the Monument
shall be managed as part of the Tongass National Forest.
(g) SAVINGS PROVISIONS.—Implementation of the Agreement
in accordance with this Act shall not be deemed a major Federal
action significantly affecting the quality of the human environment,
nor shall implementation require further consideration pursuant
to the National Historic Preservation Act, title VIII of ANILCA,
or any other law.
SEC. 6. RECISION RIGHTS.
Within 60 days of the enactment of this Act, KGCMC and
Kennecott Corporation shall have a right to rescind all rights under
the Agreement and this Act. Recision shall be effected by a duly
authorized resolution of the Board of Directors of either KGCMC
or Kennecott Corporation and delivered to the Chief of the Forest
Service at the Chief’s principal office in Washington, District of
Columbia. In the event of a recision, the status quo ante provisions
of the Agreement shall apply.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.