[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3613 Engrossed in House (EH)]
103d CONGRESS
2d Session
H. R. 3613
_______________________________________________________________________
AN ACT
Entitled the ``Kenai Natives Association Equity Act''.
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 ``Kenai Natives Association Equity Act
of 1994''.
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 pursuant 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 environmental research and education, improve
access to fish and wildlife oriented recreation, and further
enhance 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 beneficial 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 authorize 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 management 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 Interest 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 Association, Inc., an
urban corporation incorporated in the State of Alaska pursuant
to the terms of the Settlement Act;
(4) ``lands'' means both the surface and subsurface 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 accordance with the provisions
of the report to Congress 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 estate 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 entitlement to
selections under the Settlement Act, consisting 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 convey 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 Conservation Act of 1965 funds,
funds otherwise appropriated by the Congress, Exxon Valdez Oil
Spill settlement 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 conveyed 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 Exchange/
Acquisition Package,'' dated October 1993, on file and
available for inspection in the Office of the Secretary,
generally include, subject to reservations 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 approximately 1,207
acres, are hereby relinquished and all remaining
entitlement of KNA is hereby extinguished; and
(F) an easement for access to and use of less than
one acre of land, located in the NE\1/4\ NE\1/4\ of
section 24, T.6N., R.9W., Seward Meridian, 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 Natives 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, generally include, subject to
reservations of existing road easements--
(A) approximately five acres, located within the
city of Kenai, Alaska, identified as United 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, including approximately
1,826 acres underlying the Swanson River Road East
Tract and approximately 3,238 adjacent acres underlying
lands previously patented to KNA which are located east
of the Swanson River Road.
(3) Acquisition authority.--The lands identified for
acquisition by the United States, specifically identified on
the maps referenced in subsection (c) as the Stephanka Tract,
the Beaver Creek Tract, and the Moose River Patented Lands
Tract, collectively 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 authorized 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 acquisition shall be
accomplished utilizing the valuations established 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
established 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 removed 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 management 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 remove 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 United 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 description of the lands depicted on
the maps shall be on file and available for public inspection
in the appropriate 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 descriptions 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 rejected, the Secretary shall submit a report to
Congress 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 Natural Resources and the Committee on Merchant
Marine and Fisheries of the House of Representatives and the
Committee on Energy and Natural 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 accordance 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 Boundary 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 described in section 4(c)(4) entitled ``Proposed Boundary
Extension'', dated October 1993.
(c) Addition to Wilderness Area.--Upon acquisition 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 Wilderness, such lands shall be managed in
accordance with the applicable provisions of the Wilderness Act and
ANILCA.
(d) Removal of Conveyed Lands from Wilderness Area.--Upon
conveyance to KNA of those lands under section 4(b)(2), a portion of
which is currently designated 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 Wilderness 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 ``conveyance''.
Passed the House of Representatives October 3, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 3613
_______________________________________________________________________
AN ACT
Entitled the ``Kenai Natives Association Equity Act''.