Sec. 1419. Land Exchange

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## Sec. 1419 Land Exchange ###

(a)####

(1)The Secretary is authorized, on the terms and conditions provided in this section and in section 1420, to accept from Doyon, Limited, a Regional Corporation organized pursuant to the Alaska Native Claims Settlement Act, a relinquishment of all selections filed by that corporation under sections 12(c) and 14(h)(8) of such Act which— #####

(A)lie within the watershed of the Charley River, were withdrawn for selection by Doyon pursuant to section 11(a)(3) of such Act and lie within the following townships: Fairbanks Meridian Township 2 north, range 23, 24, 25, and 26 east; Township 3 north, range 23, 24, 25, and 26 east; Township 4 north, range 24, 25, and 26 east; and Township 2 south, range 20 east. #####

(B)lie in the following townships outside, but adjacent to, the Charley River watersheld; Fairbanks Meridian Township 2 north, range 23 east; and Township 2 north, range 24 east, sections 19 through 21, 28 through 33, inclusive. #####

(C)lie within the following townships inside the Kanuita National Wildlife Refuge: Fairbanks Meridian Township 15 north, range 20 west, sections 4 through 9, 16 through 18, inclusive; Township 17 north, range 23 west. #####

(D)lie within the following townships along the Yukon River: Kateel River Meridian Township 19 south, range 3 west. That portion lying west of the mean high water line of the Yukon River; Township 20 south, range 3 west. All except the Yukon River and Bullfrog Island; Township 21 south, range 3 west. That portion of sections 7, 8, and 9 lying south of Honeymoon Slough, and sections 16, 17, and 18; and Township 21 south, range 4 west. Sections 12 and 13 above the mean high water line of the Yukon River, and sections 2, 3, 10, 11, 14, 15, 19 through 23, and 27 through 34 all lying west of the mean high water line of the Yukon River. ####

(2)Doyon, Limited, shall have ninety days after the date of enactment of this Act to effect the relinquishment of all the land selections described in subsection

(a)hereof, and shall not be entitled to any of the benefits of subsections (b),

(c)and

(d)hereof or of section 1420 of this Act if the relinquishment of all such selections does not occur during that period. ####

(3)Following the relinquishment by Doyon, Limited, of all the land selections described in subsection

(a)hereof, the Secretary shall determine the acreage so relinquished by such measuring techniques, including aerial photograph but not ground surveys, upon which he and Doyon may agree. ###

(b)####

(1)In exchange for the lands relinquished pursuant to subsection

(a)hereof, the Secretary shall convey to Doyon, Limited, pursuant to the provisions of the Alaska Native Claims Settlement Act, subject to valid existing rights and on the terms and conditions hereinafter set forth, such lands as Doyon may select, within one year after the Secretary's acreage determination pursuant to subsection (a)(3) hereof, on an acre-for-acre basis up to the total acreage so relinquished, from the following described lands: ##### Fairbanks Meridian Township 35 north, range 7 west, sections 19 through 36; Township Township 34 north, range 7 west, sections 1 through 21, and 28 through 33; Township 29 north, range 13 west, sections 1 through 3, and 10 through 15; Township 20 north, range 10 west, within the study area delineated in section 1420; Township 20 north, range 11 west, within the study area delineated in section 1420; Township 20 north, range 12 west, within the study area delineated in section 1420 and all remaining lands in the township which are outside of the Hodzana River watersheld; Township 21 north, range 10 west, within the study area delineated in section 1420; Township 21 north, range 11 west, within the study area delineated in section 1420 and all the remaining lands in the township which are outside of the Hodzana River watersheld; Township 1 north, range 25 east, sections 13, 14, 15, 21 through 28, and 33 through 36: *Provided,* That Doyon may not receive a land conveyance within any of the following watersheds: ####

(1)Arctic Creek, a tributary of Flume Creek; ####

(2)Diamond Fork of the Seventy-mile River; and ####

(3)Copper Creek, a tributary of the Charley River. Township 1 south, range 25 east, sections 1, 2, 3, 10 through 14, 23, 24, and 25: *Provided,* That Doyon may not receive a land conveyance within the watersheld of Copper Creek, a tributary of the Charley River; Township 3 south, range 30 east, sections 20 through 29 and 32 through 36; Township 4 south, range 28 east, sections 10 through 15, 22 through 28, 33 and 36: *Provided,* That Doyon may not receive a land conveyance any closer than one mile to the mean high water line of the North Fork of the Fortymile River, nor any closer than one-half mile to Champion Creek; Township 4 south, range 29 east, sections 18 through 22, and 25 through 36: *Provided,* That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek; Township 4 south, range 30 east, sections 1, 2, 11, 12, 13, 24, 25, and 28 through 36: *Provided,* That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek; Township 4 south, range 31 east, sections 6, 7, 8, 17 through 20, and 29 through 32: *Provided,* That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek; Township 5 south, range 30 east, sections 1 through 6, 11 and 12: *Provided,* That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek; Township 5 south, range 31 east, sections 4 through 9: *Provided,* That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Champion Creek; Township 5 south, range 25 east, sections 12, 13, and 24: *Provided,* That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of the Middle Fork of the Fortymile River; Township 5 south, range 26 east, sections 7, 8, and 17 through 20: *Provided,* That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of the Middle Fork of the Fortymile River; Township 6 south, range 18 east, sections 4 through 9 and 16 through 19; Township 7 south, range 17 east, sections 12, 13, 24, 25, 26, and 36; Township 7 south, range 18 east, sections 7, 8, 17 through 20, and 29 through 32; Township 8 south, range 18 east, sections 1 through 4, 9 through 16, 21 through 28, and 23 through 36; Township 6 south, range 28 east, sections 31 through 38: *Provided,* That Doyon may not receive a land conveyance any closer than one-half mile to the mean high water line of Hutchison Creek; Township 7 south, range 28 east, sections 4 through 9, 14 through 23, and 26 through 35; Township 7 south, range 21 east, sections 11 through 14, 23 through 26, 35, and 36; and Township 7 south, range 22 east, sections 2 through 11. ##### Copper River Meridian Township 27 north, range 6 east, sections 1, 2, 11, and 12; Township 27 north, range 7 east, sections 1 through 12; Township 28 north, range 7 east, sections 31 through 36; and Township 28 north, range 6 east, sections 35 to 36. ####

(2)Unless a waiver of any such requirement is obtained from the Secretary, the lands selected by Doyon pursuant to subsection (b)(1) shall consist of tracts which:

(a)contain not less than eight sections or five thousand one hundred and twenty acres, whichever is smaller, except for the last tract required to complete Doyon's land entitlement; and

(b)have boundaries which follow section lines, except where such boundary is the border of a navigable body of water, with no segment of an exterior line less than two miles in length (except where shorter segments are necessary to follow section lines where township lines are offset along standard parallels caused by the convergence of meridians, to conform to section lines where a section is less than standard size, or to avoid crossing the boundary lines of conservation system units created by this Act, or of lands which are unavailable for selection). Selections under subsection (b)(1), subsection (c), and section 1420 shall not be subject to or charged against the maximum acreage limitations set forth in paragraph 3B(2) and

(b)of the Stipulation and Agreement entered into by Doyon and the Secretary in Doyon. Limited against Morton, civil action numbered 1586–73, in the United States District Court for the District of Columbia. ####

(3)The lands selected by Doyon, Limited, and conveyed by the Secretary pursuant to subsection

(b)hereof shall be treated as if such lands had been withdrawn pursuant to section 11(a)(3) of the Alaska Native Claims Settlement Act and had been selected by Doyon pursuant to section 12(c) of that Act. A failure by Doyon, Limited, to select its total land entitlement under subsection (b)(1) shall not affect Doyon's total land entitlement under sections 12(c) and 14(h)(8) of such Act. ####

(4)Beginning on the date of enactment of this Act, the lands described in subsection (b)(1) hereof shall be withdrawn from all forms of appropriation under the public land laws as if such lands had been withdrawn pursuant to section 11(a) of the Alaska Native Claims Settlement Act. The Secretary is authorized to terminate such withdrawal with respect to lands not selected by by Donoy, Limited, either one year after the Secretary's acreage determination pursuant to subsection (a)(3) hereof or, with respect to the lands subject to such release, upon the giving of notice by Doyon to the Secretary that the corporation is releasing its selection rights under this paragraph to all or part of the withdrawn lands, whichever first occurs. Such withdrawal shall not prevent reasonable surface studies or mineral exploration, including core drilling, by Doyon or its assigns on the lands withdrawn, subject to such rules and regulations as the Secretary may prescribe: *Provided,* That the issuance of regulations under this subparagraph, or any permits thereunder shall not be subject to any requirements for preparation or submission of an environmental impact statement contained in the National Environmental Policy Act of 1969. ###

(c)####

(1)During the withdrawal period specified in subsection (b)(4) hereof, the lands so withdrawn shall also be available for selection by Doyon, Limited, subject to the requirements of subsection (b)(2), in whole or partial satisfaction of its land entitlement under section 14(h)(8) of the Alaska Native Claims Settlement Act, and the period of withdrawal shall be extended with respect to any lands so selected until the date of conveyance pursuant to section 14(e) of such Act. The Secretary shall issue a decision to convey title to the lands selected by Doyon pursuant to this subparagraph, subject to valid existing rights, within one hundred and eighty days after each selection. ####

(2)At any time after enactment of this Act, but no later than six months after termination of the withdrawal provided in subsection (b)(4) hereof, any or all of the land entitlement of Doyon, Limited, under section 14(h)(8) of the Alaska Native claims Settlement Act may be satisfied by Doyon's identification of the appropriate acreage within lands withdrawn pursuant to section 11(a)(3) of the Alaska Native Claims Settlement Act, which were selected by Doyon on or before December 18, 1975, under section 12(c) of such Act, and have not been relinquished. Upon identification by Doyon, Limited, under this paragraph, such acreage shall no longer be deemed a section 12(c) selection, shall be charged against Doyon's section 14(h)(8) land entitlement and shall be conveyed by the Secretary to Doyon in accordance with the provisions of the Alaska Claims Settlement Act. ####

(3)In the event Doyon, Limited, effects a relinquishment under subsection

(a)hereof, and the provisions of this paragraph thus become operative, the corporation shall not thereafter make selections under section 14(h)(8) of the Alaska Native Claims Settlement Act on lands which were

(a)withdrawn pursuant to section 11(a), but not selected under section 12(c) of such Act and

(b)lie within a conservation system unit created or expanded pursuant to this Act: *Provided,* That all Doyon's other selection rights under section 14(h)(8) shall not be affected. ###

(d)####

(1)In recognition of the potential need of Doyon, Limited, for access in a southerly direction from its landholdings in the watersheds of the Kandik and Nation Rivers across the Yukon River, the Secretary shall review applications submitted by Doyon, Limited, for one or more rights-of-way which, in order to provide such access, would pass through public lands within the Yukon-Charley National Preserve. ####

(2)The Secretary shall approve an application reviewed under paragraph

(1)of this subsection, and shall grant the right-of-way requested in such application, if he determines that there exists no economically feasible or otherwise reasonably available alternative route. ####

(3)Each right-of-way granted under this subsection shall be subject to such reasonable regulations issued by the Secretary as are necessary to minimize the adverse impact of such right-of-way upon any conservation system unit. ####

(4)No rights-of-way shall be granted under this subsection which would cross the Charley River or which would involve any lands within the watersheld of the Charley River.