To authorize modification of the boundaries of the Alaska Maritime National Wildlife Refuge.
PL 101-622 (H.R.5264), enacted 11/21/1990

PUBLIC LAW 101-622—NOV. 21,1990 
104 STAT. 3347 
Public Law 101-622 
101st Congress 
An Act 
To authorize modification of the boundaries of the Alaska Maritime National Wildlife 
Refuge. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
For the purposes of this Act, the term— 
(1) Koniag" means Koniag, Incorporated, an Alaska Native 
Corporation established pursuant to the Alaska Native Claims 
Settlement Act of 1971 (85 Stat. 688), as amended; 
(2) "limited general warranty deed" means a general war-
ranty deed which is, with respect to its warranties, limited to 
that portion of the chain of title from the moment of conveyance 
from the United States to Koniag to and including the moment 
at which such title is validly reconveyed to the United States of 
America and its assigns; and 
(3) "Secretary" means the Secretary of the Interior acting 
through the Director of the United States Fish and Wildlife 
Service. 
SEC. 2. LANDS TO BE EXCHANGED. 
(a) LANDS EXCHANGED TO THE UNITED STATES.—(1) The Secretary 
is directed to accept from Koniag a conveyance by limited general 
warranty deed of the surface and subsurface rights to approximately 
two hundred and nine acres of land on Kodiak Island, Alaska, 
designated "Koniag Lands" upon a map entitled "Koniag Land 
Exchange", dated September 4, 1990, and available for inspection in 
appropriate offices of the United States Fish and Wildlife Service. 
(2) The lands described in paragraph (1) shall be included in the 
Alaska Maritime National Wildlife Refuge as of the date of the 
acceptance of the conveyance from Koniag. 
(b) LANDS EXCHANGED TO KONIAG.—In exchange for the lands 
conveyed by Koniag under subsection (aXD, the Secretary shall, 
subject to valid existing rights and notwithstanding any other provi-
sion of law, convey to Konieig, from within those lands designated as 
Tracts 1, 2 and 3 upon the map identified in subsection (aXD, the 
surface and subsurface rights to an amount of land selected by 
Koniag which has a total value, as determined by the appraisals 
performed under section 3, equal to the sum of the value of the 
Koniag lands described in subsection (aXD, plus one half of the cost 
of all appraisals performed under section 3 of this Act. Such convey-
ance shall be by quitclaim deed, based upon a metes and bounds 
description of the land to be conveyed. 
SEC. 
3
. 
DETERMINATION 
OF 
LAND 
VALUES. 
(a) SELECTION OF APPRAISERS.—Not later than sixty days after the 
enactment of this Act, the Secretary and Koniag shall each select an 
appraiser who shall independently perform an appraisal of the fair 
Nov. 21,1990 
[H.R. 5264] 
Public lands. 
16 use 668dd 
note. 
16 use 668dd 
note. 
16 use 668dd 
note. 
104 STAT. 3348 
PUBLIC LAW 101-622—NOV. 21, 1990 
16 use 668dd 
note. 
16 use 668dd 
note. 
market value of the lands identified in section 2 of this Act. Each 
such appraiser shall be a member of or certified by the Appraisal 
Foundation and shall have a professional designation compatible 
with the valuation to be performed. Such appraisals shall be per-
formed in conformity with the standards of such Foundation. Any 
special instruction regarding the performance of the appraisals shall 
be issued only upon the mutual agreement of the Koniag and the 
Secretary. 
(b) DIFFERENCES IN APPRAISALS.—(1) In the event that the apprais-
als conducted under the provisions of subsection (a) shall differ by 
less than 20 percent in their assignment of value to either the tract 
identified under section 2(a)(1) or to any of the tracts identified in 
section 2(b), the value assigned to that tract shall be an amount 
equal to the lower of the two appraisals, plus one-half of the 
difference between the two appraisals. 
(2) In the event the appraisals delivered under the provisions of 
subsection (a) shall differ by more than 20 percent in their sissign-
ment of value to either the tract identified under section 2(a)(1) or 
the tracts identified in section 2(b), the Secretary and Koniag shall 
jointly select a third appraiser who meets the requirements of this 
section. Such third appraiser shall review the previously delivered 
appraisals of the tracts in question, and shall be instructed to reach 
a determination of value for the tract in question that lies between 
the values determined for that tract by the previous appraisals. The 
value determined by such third appraisal shall be binding upon both 
the Secretary and Koniag. 
(3) Koniag shall bear the cost of all such appraisals, but shall be 
reimbursed in land by the United States for one-half of such costs 
pursuant to the provisions of section 2(b). 
SEC. 4. TIMING. 
(a) INITIAL APPRAISALS.—The appraisals required under section 
3(a) shall be completed and delivered to the Secretary and to Koniag 
within one hundred and twenty days of the selection of the 
appraisers. 
(b) REVIEW APPRAISAL.—In the event a review appraisal is re-
quired pursuant to the provisions of section 3(bX2) of this Act, such 
review appraisal shall be completed and delivered to the Secretary 
and to Koniag within sixty days of the selection of that appraiser. 
(c) C!ONVEYANCE BY KONIAG.—Koniag shall have one hundred 
eighty days after the date of the delivery of the appraisals per-
formed under section 3(bXl) or 3(bX2), as the case may be, to convey 
to the Secretary the lands described in section 2(a)(1), and a tech-
nically correct description of lands to be conveyed to them under 
section 2(b). The Secretary may extend such time for good cause. 
(d) CONVEYANCE BY THE SECRETARY.—The Secretary shall convey 
to Koniag the lands identified by them pursuant to section 2(b) 
within one hundred and eighty days after his approval of Koniag's 
conveyance pursuant to subsection (c). Those lands conveyed to 
Koniag under this Act shall be excluded from the exterior bound-
aries of the Alaska Maritime National Wildlife Refuge. 
SEC. 5. EFFECT ON TITLE TO TIDAL OR SUBMERGED LANDS. 
(a) CLAIMS BY THE STATE OF ALASKA.—No provision of this Act 
shall be construed to invalidate or validate or in any other way 
affect the State of Alaska's claim that title to any or all of the tidal 
or submerged lands conveyed or to be conveyed hereunder vested in 
PUBLIC LAW 101-622—NOV. 21, 1990 
104 STAT. 3349 
the State at statehood nor shall any actions taken pursuant to or in 
accordance with this section operate under any provision or prin-
ciple of law to bar the State of Alaska from asserting at any time its 
claim of title. 
(b) OTHER CONSIDERATION.—Should it be determined by a final 
order, not subject to further appeal and issued by a court of com-
petent jurisdiction, that title to some or all of the lands conveyed or 
purported to be conveyed under the authority of this section is in 
the State of Alaska, then within six months after the final order the 
Secretary shall take all actions necessary to achieve rescission and 
restitution to establish status quo ante with regard to the exchange 
authorized in section 2 of this Act unless Koniag and the Secretary 
mutually agree to the identity of other consideration to be granted 
to Koniag, which consideration shall have a value equal to the value 
of those lands, the title to which is in the State of Alaska or 
mutually agree to extend the six month period. 
SEC. 6. RESTRICTIONS AND LIMITATIONS. 
16 USC 668dd 
In order to protect the United States Coast Guard Holiday Beach 
receiver site, the lands to be conveyed to Koniag under subsection 
2(b) of this Act shall be subject to the same restrictions and limita-
tions on their use as are the adjacent lands which were conveyed to 
Koniag subject to the agreement dated December 9, 1977, between 
the Commandant of the United States Coast Guard and Koniag. 
Such restrictions and limitations shall be considered in determining 
the fair market value of the lands under section 3 of this Act. 
Approved November 21, 1990. 
LEGISLATIVE HISTORY—H.R. 5264: 
HOUSE REPORTS: No. 101-703, Pt. 1 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Sept. 28, considered and passed House. 
Oct. 27, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 21, Presidential statement.