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U.S. Code as of:
01/19/04
Section 1629. Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc.
(a) Definitions
For purposes of this section the following terms shall have the
following meanings:
(1) the term "The Agreement" or "Agreement" means the agreement
entitled "Terms and Conditions Governing Legislative Land
Consolidation and Exchange between NANA Regional Corporation,
Inc., and the United States" executed by the Secretary of the
Interior and the President of NANA Regional Corporation, Inc., on
January 31 and January 24, 1985, respectively.
(2) the term "transportation system" means the Red Dog Mine
Transportation System described in Exhibit B of the Agreement.
(3) the term "NANA" means NANA Regional Corporation, Inc., a
corporation formed for the Natives of Northwest Alaska pursuant
to the provisions of this chapter.
(b) Conveyances of lands and interests in lands
Except as otherwise provided by this section, the Secretary shall
convey to NANA, in accordance with the terms and conditions set
forth in the Agreement, lands and interests in lands specified in
the Agreement in exchange for lands and interests in lands of NANA,
specified in the Agreement, upon fulfillment by NANA of its
obligations under the Agreement: Provided, however, That this
modified exchange is accepted by NANA within 60 days of September
25, 1985.
(c) Exchange limited to designated lands
(1) The Secretary shall convey to NANA, pursuant to the
provisions of paragraph A(1) of the Agreement, the right, title and
interest of the United States only in and to those lands designated
as "Amended A(1) Lands" on the map entitled "Modified Cape
Krusenstern Land Exchange", dated July 18, 1985. The charges to be
made pursuant to paragraphs B(1) and D(27) of the Agreement against
NANA's land entitlements under this chapter shall be reduced by an
amount equivalent to the difference between that acreage conveyed
pursuant to this subsection and the acreage that would have been
conveyed to NANA pursuant to paragraph A(1) of the Agreement but
for this subsection.
(2) Notwithstanding the provisions of paragraph A(3) of the
Agreement, the Secretary shall not convey to NANA any right, title
and interest of the United States in the lands described in such
paragraph A(3) and the Secretary shall make no charge to NANA's
remaining entitlements under this chapter with respect to such
lands. Such lands shall be retained in Federal ownership but shall
be subject to the easement described in Exhibit D to the Agreement
as if the lands had been conveyed to NANA pursuant to paragraph
A(3) of the Agreement.
(d) Easement in and to transportation system lands
(1) There is hereby granted to NANA an easement in and to the
lands designated as "Transportation System Lands" on the map
entitled "Modified Cape Krusenstern Land Exchange", dated July 18,
1985, for use in the construction, operation, maintenance,
expansion and reclamation of the transportation system. Use of the
easement for such purposes shall be subject only to the terms and
conditions governing the construction, operation, maintenance,
expansion and reclamation of the transportation system, as set
forth in Exhibit B to the Agreement.
(2) The easement granted pursuant to this section shall be for a
term of 100 years. The easement shall terminate prior to the
100-year term:
(i) if it is relinquished to the United States; or
(ii) if construction of the transportation system has not
commenced within 20 years of September 25, 1985. Computation of
the 20-year period shall exclude periods when construction could
not commence because of force majeure, act of God or order of a
court; or
(iii) upon completion of reclamation pursuant to the
reclamation plan required by Exhibit B to the Agreement.
(3) Within 90 days after September 25, 1985, the Secretary shall
execute the necessary documents evidencing the grant to NANA of the
easement granted by this section.
(4) Except as regards the trail easement described in Exhibit D
to the Agreement (to which the "Transportation System Lands" shall
be subject as if such lands had been conveyed to NANA pursuant to
paragraph A(1) of the Agreement), access to the lands subject to
the easement granted by this section shall be subject to such
limitations, restrictions or conditions as may be imposed by NANA,
its successors and assigns, but NANA and its successors and assigns
shall permit representatives of the Secretary such access as the
Secretary determines is necessary for the monitoring required by
this section.
(e) Compliance with local laws
The easement granted by this section makes available land for the
transportation system, and is intended to be sufficient to permit
NANA to comply with the laws of the State of Alaska which may be
necessary to secure financing of the construction of the
transportation system and the operation, maintenance or expansion
thereof by the State of Alaska or by the Alaska Industrial
Development Authority.
(f) Reconveyance of easement by NANA
The easement granted to NANA by this section may be reconveyed by
NANA, but after any such reconveyance the terms and conditions
specified in Exhibit B of the Agreement shall continue to apply in
full to the easement.
(g) Construction materials taken from borrow sites within easement
NANA is hereby granted the right to use, develop and sell sand,
gravel and related construction materials from borrow sites located
within the easement granted pursuant to this section as required
for the construction, operation, maintenance, expansion and
reclamation of the transportation system, subject to the terms and
conditions specified in Exhibit B of the Agreement.
(h) Agreement as governing use of lands
(1) The construction, operation, maintenance, expansion and
reclamation of any portion of the transportation system on any of
the lands subject to the easement granted to NANA by this section
shall be governed solely by the terms and conditions of the
Agreement, including the procedural and substantive provisions of
Exhibit B to the Agreement, as if the lands covered by the easement
granted to NANA by this section had been conveyed to NANA pursuant
to paragraph A(1) of the Agreement.
(2) The Secretary of the Interior, acting through the National
Park Service, shall monitor the construction, operation,
maintenance, expansion and reclamation of the transportation
system, as provided in the Agreement. Any complaint by any person
or entity that any aspect of the construction, operation,
maintenance, expansion or reclamation of the portion of the
transportation system on the lands subject to the easement granted
to NANA by this section is not in accordance with the terms and
conditions specified in the Agreement shall be made to the
Secretary in writing. The Secretary shall review any such complaint
and shall provide to NANA or its successors or assigns and to the
complainant a decision in writing on the complaint within 90 days
of receipt thereof. If the Secretary determines that the activity
made the subject of a complaint is not in accordance with the terms
specified in the Agreement, and NANA or its successors or assigns
disagrees with that determination, the dispute shall be resolved
according to the procedures established in Exhibit B to the
Agreement.
(i) Use of construction materials from other sites
The Secretary shall make available to NANA and its successors and
assigns the right to use sand, gravel and related construction
materials located in Sections 23, 24, 25, 26, 35 and 36 of Township
26 North, Range 24 West, Kateel River Meridian, Alaska, if the
Secretary determines either (1) that use of such sand, gravel or
related construction material is necessary because there is no
other sand, gravel or related construction material reasonably
available for the construction, operation, maintenance, expansion
or reclamation of the transportation system; or (2) that use of
such sand, gravel or related construction material is necessary in
order to construct, operate, maintain, expand, or reclaim the
transportation system in an environmentally sound manner,
consistent with the requirements of Exhibit B of the Agreement. The
right to use such sand, gravel and related construction material
shall be subject to the terms and conditions of paragraph A of
Exhibit B of the Agreement and such other reasonable terms and
conditions as the Secretary may prescribe.
(j) Congressional consultation as prerequisite to amendment of
Agreement
Notwithstanding paragraph D(23) of the Agreement, the Secretary
shall not agree to any amendment to the Agreement without first
consulting with the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate and shall transmit copies of the text of any
amendment to the Agreement to those Committees at the time of his
agreeing to any such amendment.
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