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Pub.L. 105-61 <> Making appropriations for the ...


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[[Page 111 STAT. 1269]]

Public Law 105-60
105th Congress

                                 An Act


 
 To provide for the exchange of lands within Admiralty Island National 
    Monument, and for other purposes. <<NOTE: Oct. 10, 1997 -  [H.R. 
                                1948]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Hood Bay Land Exchange Act of 
1997. Alaska.>>  Congress assembled,

SECTION 1. <<NOTE: 16 USC 431 note, 1132 note.>>  SHORT TITLE.

    This Act may be cited as the ``Hood Bay Land Exchange Act of 1997''.

SEC. <<NOTE: 16 USC 431 note, 1132 note.>>  2. FINDINGS.

    The Congress makes the following findings:
            (1) The Alaska National Interest Lands Conservation Act 
        established the Admiralty Island National Monument which is 
        managed by the Secretary of Agriculture, by and through the 
        Forest Service.
            (2) The Forest Service has established a policy of 
        encouraging the acquisition of private land inholdings within 
        Admiralty Island National Monument on a willing buyer/willing 
        seller basis. Congress has supported this policy, for example by 
        passage of the Greens Creek Land Exchange Act of 1996 which 
        provided for a land exchange of certain public and private lands 
        in Admiralty Island National Monument.
            (3) Lands owned by Alaska Pulp Corporation, consisting of 54 
        acres, more or less, located in Hood Bay on Admiralty Island 
        within the boundaries of the Kootznoowoo Wilderness are 
        available for transfer to Federal ownership on a willing seller/
        willing buyer basis. The acquisition of these lands would 
        provide Federal ownership of this valuable land in a critical 
        area of Admiralty Island National Monument.
            (4) The United States is the owner of certain reversionary 
        interests to 143.87 acres, more or less, located adjacent to 
        Silver Bay near Sitka, Alaska, which interests were reserved in 
        patent No. 1213671 issued to the Alaska Pulp Corporation on 
        October 18, 1960. The transfer of the reversionary interests of 
        the United States in such lands adjacent to Silver Bay to the 
        Alaska Pulp Corporation would facilitate future use and 
        development of that land.
            (5) The future acquisition by the United States of the Chaik 
        Bay property on Admiralty Island to be incorporated into the 
        Kootznoowoo Wilderness would be in the public interest.

[[Page 111 STAT. 1270]]

SEC. 3. <<NOTE: 16 USC 431 note, 1132 note.>>  DEFINITIONS.

    As used in this Act:
            (1) The term ``ANILCA'' means the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3101 et seq.).
            (2) The term ``Company'' means the Alaska Pulp Corporation, 
        an Alaska corporation, its successors, and assigns.
            (3) The term ``Company Property'' means the property 
        depicted on United States Survey Plat 1058 approved March 20, 
        1917, consisting of approximately 54 acres of land.
            (4) The term ``Federal Property'' means the reversionary 
        interest of the United States described in paragraphs (6) and 
        (7) of the patent dated October 18, 1960, granted by the Bureau 
        of Land Management to Alaska Lumber & Pulp Co., which was 
        recorded at Book 15, Pages 271-273, Sitka Recording District on 
        November 9, 1960. The term ``Federal Property'' does not include 
        the interests described in paragraphs (1) through (5) of the 
        said patent.
            (5) The term ``Monument'' means the Admiralty Island 
        National Monument, which was established by section 503 of 
        ANILCA and which is managed by the Secretary of Agriculture as a 
        unit of the National Forest System.
            (6) The term ``Secretary'' means the Secretary of 
        Agriculture.
            (7) The term ``Sitka'' means the city and borough of Sitka, 
        Alaska, a home-rule borough formed in accordance with the laws 
        of the State of Alaska.
            (8) The term ``Sitka Property'' means the property depicted 
        on the maps entitled ``Sitka Property'', dated August 29, 1997, 
        consisting of approximately 49 acres of land.

SEC. 4. <<NOTE: 16 USC 431 note, 1132 note.>>  LAND EXCHANGE, TRANSFER, 
            RELINQUISHMENT.

    (a) Exchange of Company and Federal Property.--After the Company 
conveys to the United States, by general warranty deed, all right, 
title, and interest of the Company in and to the Company Property, the 
Secretary shall within 60 days of acceptance of delivery of said deed, 
unconditionally and without limitation except as provided herein, 
relinquish to the Company all right, title, and interest of the United 
States in and to the Federal Property and shall evidence that 
relinquishment by conveying to the Company a quitclaim deed to the 
Federal Property.
    (b) Relinquishment of Property to Sitka.--Upon relinquishment of the 
Federal Property to the Company under subsection (a), the Company shall 
transfer all right, title, and interest of the Company in the Sitka 
Property to Sitka.
    (c) Availability of Maps.--The maps referred to in section 3(3) 
depicting the Company Property and in section 3(4) depicting the Federal 
Property shall be on file and available for public inspection in the 
Office of the Forest Supervisor, Chatham Area, Tongass National Forest, 
in Sitka, Alaska. The maps referred to in section 3(8) depicting the 
Sitka Property shall be on file and available for public inspection in 
the Office of the Manager of the city and borough of Sitka, Alaska, 
until the conveyance described in subsection (b), at which time the maps 
shall be recorded along with the deed.

[[Page 111 STAT. 1271]]

SEC. 5. <<NOTE: 16 USC 431 note, 1132 note.>>  PROCESSING OF AND TERMS 
            AND CONDITIONS RELATING TO LAND EXCHANGE.

    (a) Surveys.--Notwithstanding any other provision of law, the 
Secretary of the Interior may conduct and approve all cadastral surveys 
that are necessary for completion of the exchange. The cost of any 
surveys shall be borne by the Company.
    (b) Equal Value Exchange.--The values of the Federal Property and 
the Company Property are deemed to be of equal value.
    (c) Administration.--The Secretary is directed to implement and 
administer the rights and obligations of the United States under this 
Act.
    (d) Cleanup Obligations.--Nothing in this Act shall impact or alter 
the Company's rights, duties, and obligations regarding investigation, 
remediation, cleanup, and restoration under its September 10, 1995, 
Commitment Agreement with the State of Alaska or other applicable law. 
The Company shall use its property consistent with all restrictive 
covenants, including those restrictive covenants recorded on September 
4, 1997.
    (e) Title Standards.--Title to the Company Property to be conveyed 
to the United States shall be acceptable to the Secretary consistent 
with the title review standard of the Attorney General of the United 
States.

SEC. 6. <<NOTE: 16 USC 431 note, 1132 note.>>  GENERAL PROVISIONS.

    (a) Management of Company Property.--Upon acquisition of the Company 
Property by the United States pursuant to this Act, said property shall 
be managed as a part of the Admiralty Island National Monument and the 
Kootznoowoo Wilderness.
    (b) Authorization To Negotiate for Acquisition of 
Property.--In furtherance of the purposes of the Kootznoowoo Wilderness, 
the Secretary, acting through the Forest Service, is authorized to enter 
into negotiations with the owners of private property in Chaik Bay on 
Admiralty Island, with the objective of acquiring such property. The 
Secretary is authorized to enter into an option to purchase or an 
exchange agreement with the owners of such property to be effected 
either through existing administrative mechanisms provided by law and 
regulation, or by subsequent ratification by Act of Congress.

    Approved October 10, 1997.

LEGISLATIVE HISTORY--H.R. 1948 (S. 1015):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-261 (Comm. on Resources).
SENATE REPORTS: No. 105-90 accompanying S. 1015 (Comm. on Energy and 
Natural Resources).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Sept. 23, considered and passed House.
            Sept. 30, considered and passed Senate.

                                  <all>

Pages: 1

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