101st CONGRESS
2d Session
S. 666
AMENDMENTS
S 666 EAH
In the House of Representatives, U. S.,
July 10, 1990.
Resolved, That the bill from the Senate (S. 666) entitled `An Act to
enroll twenty individuals under the Alaska Native Claims Settlement Act',
do pass with the following
AMENDMENTS:
( 1 ) Page 1, after line 2, insert: Title I
( 2 ) Page 1, line 3, strike out  [Struck out->][ That notwithstanding
][<-Struck out] , and insert: Sec. 101. Notwithstanding
( 3 ) Page 2, after line 13, insert:
TITLE II

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(a) TITLE- This title may be cited as the `Admiralty Island National
Monument Land Management Act of 1990'.
(b) PURPOSE- The purpose of this title is to improve Federal management
of lands on Admiralty Island, Alaska, as provided herein.

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The Congress hereby finds that--
(1) Admiralty Island National Monument, Alaska, is an area of unparlleled
natural beauty containing multiple values including but not limited to,
fish and wildlife, forestry, recreational, subsistence, educational,
wilderness, historical, cultural, and scenic values of enduring benefit
to the Nation and the Native peoples residing therein; and
(2) land management and Federal administration of Admiralty Island National
Monument may be enhanced by Federal land acquisitions, through land
exchanges or otherwise, and by cooperative agreements between the Federal
Government and the indigenous residents of the island, the people of the
city of Angoon and the Native Village Corporation, Kootznoowoo, Incorporated.

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(a) Section 506(a) of the Alaska National Interest Lands Conservation Act
(Public Law 96-487, as amended) is hereby amended by adding at the end
thereof the following new paragraph:
`(9)(A) The Secretary is authorized and directed to enter into such
cooperative agreements and agreements for land acquisitions, through
exchange or otherwise, with Kootznoowoo as are deemed necessary by the
Secretary to carry out the purposes specified in sections 101 and 503 of
this Act and to improve the management of Federal lands on Admiralty Island.
`(B) The Secretary shall make every effort to complete agreements within
eighteen months of the date of enactment of this paragraph.
`(C) The Secretary shall report to Congress before the end of such
eighteen-month period on the status and results of negotiations with
Kootznoowoo. The report shall include, but not be limited to, any Kootznoowoo
properties proposed to be acquired by the United States, any Federal land or
other compensation to be offered in exchange, and the text of any proposed
or executed agreements.
`(D) Any lands on Admiralty Island acquired by the United States pursuant
to this paragraph shall be added to and incorporated within the Admiralty
Island National Monument.
`(E) The inability of the Secretary and Kootznoowoo to reach agreement
shall not preclude subsequent negotiations at any time for the purposes
of land exchanges or other matters.
`(F) Enactment of this paragraph shall not create any right or cause
of action by Kootznoowoo, Incorporated, or any other party against the
United States.'.

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(a) Section 506(a)(5) of the Alaska National Interest Lands Conservation
Act (Public Law 96-487, as amended) is hereby amended by adding at the
end thereof the following new subparagraphs:
`(C) In order to consolidate Federal land ownership and improve management
of all land and timber resources in the area, the lands between such sale
area and lands lying to the east of such sale area which have been or
may be conveyed to Kootznoowoo pursuant to this paragraph shall be made
available by the Secretary for an exchange between the Federal Government
and Kootznoowoo, Incorporated, pursuant to the terms of section 1302(h)
of this Act. If such sale is voluntarily terminated, or is canceled or
forfeited in accordance with applicable law and regulations, then the
lands within the sale area shall also be made available for exchange. The
availability of the lands within the sale area for exchange shall continue
for one year following the date the sale is completed and closed, or for one
year following its termination, cancellation, or forfeiture, whichever is
later. Nothing in this section shall affect valid land selections which the
State of Alaska has filed with the Federal Government pursuant to Public
Law 85-508, nor shall this section cause these lands to be removed from
entry pursuant to the Mining Law of 1872.
`(D) Subject to lode mining claims, known as KAEL 1-216 inclusive, and
valid existing rights, the subsurface estate in the lands conveyed to
Kootznoowoo, Incorporated, pursuant to subparagraph (C) shall be granted
to Sealaska, Incorporated.'.

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(a) Section 703(a)(1) of the Alaska National Interest Lands Conservation
Act is amended by deleting the words `Admiralty Island Monument Wilderness'
and inserting in lieu thereof `Kootznoowoo Wilderness'.
(b)(1) All rights, title, and interests to that portion of the approximately
seventeen and thirty-four one-hundredths acres comprising the Angoon
Administrative Site which, pursuant to paragraph (b)(2) of this section,
the Secretary dedicates for uses related to the administration of the
Tongass National Forest, are hereby confirmed in the United States, said
parcel being a valid existing Federal administrative site as referenced in
section 506(a)(3)(A) of the Alaska National Interest Lands Conservation Act
(Public Law 96-487, as amended). Said administrative site is located on
Admiralty Island in township 50 south, range 68 east, section 31, Cooper
River Base and Meridian and township 50 south, range 67 east, section 36,
Cooper River Base and Meridian.
(2) Within one year of enactment of this paragraph, the Secretary of
Agriculture shall adjust, and resurvey as necessary, the boundaries of
the Angoon Administrative Site to include only that portion of the site
described as follows:
(A) Those lands which lie within the following described boundaries,
comprising four and sixty-eight one-hundredths acres more or less:
Beginning at corner 1, also corner 9 of United States survey numbered 8756;
Thence north 45 degrees 30 minutes west, 540.79 feet to corner 2;
Thence north 45 degrees 00 minutes east, 876.60 feet to corner 3;
Thence south 45 degrees 30 minutes east, 540.79 feet to corner 4;
Thence south 45 degrees 00 minutes west, 876.60 feet to corner 1, also
corner 9 of United States survey numbered 8756, the point of beginning.
(B) Those lands which lie within that area adjoining the northeastern
boundary of the four and sixty-eight one-hundredths acre tract and the
mean high tide line of Kootznoowoo Inlet, subject to a perpetual public
easement for the existing Angoon-Killisnoo Road; and
(C) An easement for road and utility access to the four and sixty-eight
hundredths acre tract from the western or southern boundary of the seventeen
and thirty-four one-hundredths acre site. To the maximum extent feasible,
the Secretary shall locate said easement to connect and follow the existing
right of way for Relay Road, which lies between lots 1 and 6 of the Samuel
G. Johnson subdivision. Said easement shall be at a precise location and
of dimensions which the Secretary determines are reasonably necessary for
present and projected Federal uses of the site related to administration of
the Tongass National Forest. Said easement shall be subject to any valid
existing rights except those of Kootznoowoo, Incorporated: Provided, That
the easement shall not be located on any lands conveyed by Kootznoowoo,
Incorporated, to a third party prior to June 1, 1988, without the express
consent of such party: Provided further, That the Secretary shall exclude
from the lands so retained those lands which were occupied on June 1, 1988,
by structures and improvements that were not constructed by or for the
United States including easements related therto, or which were constructed
by or for the United States but which the Secretary determines are not
reasonably necessary for present or projected Federal uses related to the
administration of the Tongass National Forest: Provided further, That the
Secretary shall not exclude from the four and sixty-eight one-hundredths
acre tract any lands occupied by existing power or utility lines or poles,
and the lands so occupied shall be subject to an easement to allow for
their continued use, maintenance, and repair.
(3) Title to all lands within the seventeen and thirty-four one-hundredths
acre administrative site which are not included by the Secretary in
the adjusted area provided by paragraph (b)(2) shall be conveyed by the
Secretary of Agriculture by quitclaim deed to Kootznoowoo, Incorporated.
(4) The provisions of paragraph (b)(2) and (b)(3) are subject to the
condition precedent that Kootznoowoo, Incorporated, executes an appropriate
written agreement acceptable to the United States Attorney for the District
of Alaska to dismiss, with prejudice, the pending litigation entitled
Kootznoowoo, Incorporated, versus United States Department of Agriculture,
Forest Service, Civil Numbered A84-575, in the United States District
Court for the District of Alaska, and agrees therein that Kootznoowoo,
Incorporated, and the United States shall each bear their respective costs
of said litigation, including attorneys' fees.'
TITLE III

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Settlement Act is amended by--
(1) inserting the words 'and such resolution is not validly rescinded
pursuant to paragraph (2)(B)(ii)' before the period at the end of paragraph
(1)(A);
(2) by redesignating paragraph (2)(B) as paragraph (2)(B)(i); and
(3) by adding the following new clauses to paragraph (2)(B):
`(ii) In lieu of approving the amendment to the articles of incorporation
described in clause (i) and submitting such amendment to a vote of the
shareholders, at any time prior to January 1, 1991 the board of directors of
a Native Corporation that has approved a resolution described in paragraph
(1)(A) may approve a new resolution rescinding that prior resolution. Upon
approval of the new resolution rescinding a resolution described in paragraph
(1)(A), the latter resolution shall be void and alienability restrictions on
the Settlement Common Stock of such corporation shall continue subsequent
to December 18, 1991 until such time as the alienability restrictions are
terminated pursuant to the procedure described in subsection (b).
`(iii) Notwithstanding any other provision of law, a civil action that
challenges the constitutionality of any provision in clause (ii) shall be
barred unless it is filed within one year after the date of the vote of
the board of directors approving a resolution to rescind a prior opt-in
election under paragraph (1)(A). Any such civil action shall be filed in
accordance with section 16(b) of the Alaska Native Claims Settlement Act
Amendments of 1987, (101 Stat. 1813-1814).'.
Attest:
Clerk.

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Admiralty Island National Monument Land Management Act of 1990 — S. 666

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