| Home > 104th Congressional Bills > H.R. 1266 (rh) To provide for the exchange of lands within Admiralty Island National [Reported in House] ...
H.R. 1266 (rh) To provide for the exchange of lands within Admiralty Island National [Reported in House] ...
104th CONGRESS 1st Session H. R. 1266 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 16 (legislative day, May 15), 1995 Received; read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ 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 sections 503 and 504 of that Act provided special provisions under which the Greens Creek Claims would be developed. The provisions 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 values 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 meaning 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 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 section 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 furtherance 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 subsection (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 authorized 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 Agreement or this Act. (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. Passed the House of Representatives May 15, 1995. Attest: ROBIN H. CARLE, Clerk.
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