Greens Creek Land Exchange Act of 1995
PL 104-123 (H.R.1266), enacted 04/01/1996

PUBLIC LAW 104-123—APR. 1, 1996 
110 STAT. 879 
Public Law 104-123 
104th Congress 
An Act 
To provide fw the exchange of lands within Admiralty Mand Nation^ 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 oT 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. 
M : C . 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, Pubhc 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 
Apr. 1,1996 
[H.R. 1266] 
Greens Creek 
Land Exchange 
Act of 1995. 
Alaska. 
16 u s e 431 note. 
Kennecott 
Greens Creek 
Mining 
Company, Inc. 
110 STAT. 880 
PUBLIC LAW 104-123—APR. 1, 1996 
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. 
National Forest 
(a) LAND ACQUISITION.—^Without diminishment of any other 
System. 
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. 
Royalties. 
(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. 
Royalties. 
(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. 
PUBLIC LAW 104-123—APR. 1, 1996 
110 STAT. 881 
(f) REVERSIONS.—Before reversion to the United States of 
KGrCMC 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 Chiefs principal office in Washington, District of 
Columbia. In the event of a recision, the status quo ante provisions 
of the Agreement shall apply. 
National Forest 
System. 
Kennecott 
Greens Creek 
Mining 
Company, Inc. 
Kennecott 
Corporation. 
Approved April 1, 1996. 
LEGISLATIVE HISTORY—HR. 1266: 
HOUSE REPORTS: No. 104-115 (Comm. on Resources). 
CONGRESSIONAL RECORD: 
Vol. 141 (1995): May 15, considered and passed House. 
Vol. 142 (1996): Mar. 19, considered and passed Senate.