Pub. L. 101-378, tit. II, sec. 205

ADMINISTRATIVE PROVISIONS.

EnactedYear: 1990Length: 715 wordsOfficial source
SEC. 205. ADMINISTRATIVE PROVISIONS. (a) Section 703(a)(1) of the Alaska National Interest Lands Conservation Act is amended by deleting the words “Admiralty Island National 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 con-firmed 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, Copper River Base and Meridian and township 50 south, range 67 east, section 36, Copper 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 3756; Thence north 45 degrees 30 minutes west, 540.79 feet to comer 2; Thence north 45 degrees 00 minutes east, 376.60 feet to corner 3; Thence south 45 degrees 30 minutes east, 540.79 feet to corner 4; Thence south 45 degrees 00 minutes west, 376.60 feet to corner 1, also comer 9 of United States survey numbered 3756, 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 AngoonKillisnoo Road. (C) An easement for road and utility access to the four and sixty-eight one-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 104 STAT. 471Samuel 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 thereto, 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 paragraphs (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.
Pub. L. 101-378, tit. II, sec. 205: ADMINISTRATIVE PROVISIONS. | Justis AI