IB
Union Calendar No. 402
104TH CONGRESS
2D SESSION
H. R. 401
[Report No. 104–756]
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
SEPTEMBER 4, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 4, 1995]
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 Amendments of 1996’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) 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 di-
rected by Public Law 102–458.
(2) 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 ar-
chaeological resources. This analysis has also indi-
cated that these lands generally have high value for
the restoration of injured species that rely on these
natural resources, including wilderness quality, recre-
ation, tourism, and subsistence.
(3) Restoration of the injured species will benefit
from acquisition and the prevention of disturbances
which may adversely affect their recovery.
(4) It is in the public interest to complete the
conveyances provided for in this Act.
(b) PURPOSE.—The purpose of this Act is to authorize
and direct the Secretary, at the election of KNA, to complete
the conveyances provided for in this Act.
SEC. 3. DEFINITIONS.
For purposes of this Act, 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 Inter-
est 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;
(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 inter-
ests therein;
(8) ‘‘Refuge’’ means the Kenai National Wildlife
Refuge;
(9) ‘‘Secretary’’ means the Secretary of the Inte-
rior;
(10) ‘‘Service’’ means the United States Fish and
Wildlife Service; and
(11) ‘‘Terms and Conditions’’ means the Terms
and Conditions for Land Consolidation and Manage-
ment 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).
SEC. 4. ACQUISITION OF LANDS.
(a) OFFER TO KNA.—
(1) IN GENERAL.—Subject to the availability of
the funds identified in subsection (b)(3), no later than
90 days after the date of enactment of this Act, the
Secretary shall offer to convey to KNA the interests
in land and rights set forth in subsection (b)(2), sub-
ject to valid existing rights, in return for the convey-
ance by KNA to the United States of the interests in
land or relinquishment of ANCSA selections set forth
in subsection (b)(1). Payment for the lands conveyed
to the United States by KNA is contingent upon
KNA’s acceptance of the entire conveyance outlined
herein.
(2) LIMITATION.—The Secretary may not convey
any lands or make payment to KNA under this sec-
tion unless title to the lands to be conveyed by KNA
under this Act 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).
(b) ACQUISITION LANDS.—
(1) 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 relinquished, all situated within the
boundary of the Refuge, are the following:
(A) The conveyance of approximately 803
acres located along and on islands within the
Kenai River, known as the Stephanka Tract.
(B) The conveyance of approximately 1,243
acres located along the Moose River, known as
the Moose River Patented Lands Tract.
(C) The relinquishment of KNA’s selection
known as the Moose River Selected Tract, con-
taining approximately 753 acres located along
the Moose River.
(D) The relinquishment of KNA’s remain-
ing ANCSA entitlement of approximately 454
acres.
(E) The relinquishment of all KNA’s re-
maining overselections. Upon completion of all
relinquishments outlined above, all KNA’s enti-
tlement shall be deemed to be extinguished and
the completion of this acquisition will satisfy all
of KNA’s ANCSA entitlement.
(F) The conveyance of an access easement
providing the United States and its assigns ac-
cess across KNA’s surface estate in the SW1⁄4 of
section 21, T. 6 N., R. 9 W., Seward Meridian,
Alaska.
(G) 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 Bea-
ver Creek Selected Tract.
(2) LANDS
TO
BE
CONVEYED
TO
KNA.—The
rights provided or lands to be conveyed by the United
States to KNA, are the following:
(A) The surface and subsurface estate to ap-
proximately 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 Exec-
utive Order 2934, and known as the old Fish
and Wildlife Service Headquarters site.
(B) The remaining subsurface estate held by
the United States to approximately 13,811 acres,
including portions of the Beaver Creek Patented
Tract, the Beaver Creek Selected Tract, and por-
tions of the Swanson 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. The conveyance of
these subsurface interests will be subject to the
rights of CIRI to the coal, oil, and 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 its subsurface in-
terests.
(C)(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 Unit-
ed 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 sub-
surface estate as reasonably necessary for struc-
tures, utilities, transportation systems, and other
development of the surface estate.
(D) The nonexclusive right to excavate with-
in the subsurface estate as reasonably necessary
for structures, 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 with-
drawn from mining following their removal from
the Refuge boundary under subsection (c)(1)(B).
The United States shall retain the ownership of
all other sand and gravel located within the sub-
surface of this parcel.
(E) 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 de-
scribed in subsection (b)(1)(B).
(3) 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.
(4) NATIONAL REGISTER OF HISTORIC PLACES.—
Upon completion of the acquisition authorized in sub-
section (a), the Secretary shall, at no cost to KNA, in
coordination with KNA, promptly undertake to nomi-
nate the Stephanka Tract to the National Register of
Historic Places, in recognition of the archaeological
artifacts from the original Dena’ina Settlement. If the
Department of the Interior establishes a historical,
cultural, or archaeological interpretive 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 de-
partment undertaking any archaeological activities
whatsoever on the Stephanka Tract, KNA shall be
consulted.
(c) GENERAL PROVISIONS.—
(1) REMOVAL
OF
KNA
LANDS
FROM
THE
NA-
TIONAL WILDLIFE REFUGE SYSTEM.—
(A) Effective on the date of closing for the
Acquisition Lands identified in subsection (b)(2),
all lands retained by or conveyed to KNA pursu-
ant to this Act, and the subsurface interests of
CIRI underlying such lands shall be automati-
cally 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 Ref-
uge. The conveyance restrictions imposed by sec-
tion 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 in-
terests received by KNA in accordance with sub-
section (b)(2) 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 Act, including both sur-
face and subsurface, and shall also exclude all
interests currently held by CIRI. On lands with-
in the Swanson River Road East Tract, the
boundary adjustment shall only include the sur-
face estate where the subsurface estate is retained
by the United States.
(B)(i) The Secretary, KNA, and CIRI shall
execute an agreement within 45 days of the date
of enactment of this Act which preserves CIRI’s
rights under paragraph 1(B)(1) of the Terms
and Conditions, addresses CIRI’s obligations
under such paragraph, and adequately addresses
management issues associated with the boundary
adjustment set forth in this Act and with the dif-
fering interests in land resulting from enactment
of this Act.
(ii) In the event that no agreement is exe-
cuted as provided for in clause (i), solely for the
purposes of administering CIRI’s rights under
paragraph 1(B)(1) of the Terms and Conditions,
the Secretary and CIRI shall be deemed to have
retained their respective rights and obligations
with respect to CIRI’s subsurface interests under
the requirements of the Terms and Conditions in
effect on June 18, 1996. Notwithstanding the
boundary adjustments made pursuant to this
Act, conveyances to KNA shall be deemed to re-
main subject to the Secretary’s and CIRI’s rights
and obligations under paragraph 1(B)(1) of the
Terms and Conditions.
(C) The Secretary is authorized to acquire
by purchase or exchange, on a willing seller basis
only, any lands retained by or conveyed to KNA.
In the event that any lands owned by KNA are
subsequently acquired by the United States, they
shall be automatically included in the Refuge
System. The laws and regulations applicable to
Refuge lands shall then apply to these lands and
the Secretary shall then adjust the boundaries
accordingly.
(D) Nothing in this Act is intended to en-
large or diminish the authorities, rights, duties,
obligations, or the property rights held by CIRI
under the Terms and Conditions, or otherwise
except as set forth in this Act. In the event of the
purchase by the United States of any lands from
KNA in accordance with paragraph (1)(B), the
United States shall reassume from KNA the
rights it previously held under the Terms and
Conditions and the provisions in any patent im-
plementing section 22(g) of ANCSA will again
apply.