Page:United States Statutes at Large Volume 104 Part 4.djvu/1032

 104 STAT. 3348 PUBLIC LAW 101-622—NOV. 21, 1990 16 USC 668dd note. 16 USC 668dd note. market value of the lands identified in section 2 of this Act. Each such appraiser shall be a member of or certified by the Appraisal Foundation and shall have a professional designation compatible with the valuation to be performed. Such appraisals shall be performed in conformity with the standards of such Foundation. Any special instruction regarding the performance of the appraisals shall be issued only upon the mutual agreement of the Koniag and the Secretary. (b) DIFFERENCES IN APPRAISALS. —(1) In the event that the appraisals conducted under the provisions of subsection (a) shall differ by less than 20 percent in their assignment of value to either the tract identified under section 2(a)(1) or to any of the tracts identified in section 2(b), the value assigned to that tract shall be an amount equal to the lower of the two appraisals, plus one-half of the difference between the two appraisals. (2) In the event the appraisals delivered under the provisions of subsection (a) shall differ by more than 20 percent in their sissignment of value to either the tract identified under section 2(a)(1) or the tracts identified in section 2(b), the Secretary and Koniag shall jointly select a third appraiser who meets the requirements of this section. Such third appraiser shall review the previously delivered appraisals of the tracts in question, and shall be instructed to reach a determination of value for the tract in question that lies between the values determined for that tract by the previous appraisals. The value determined by such third appraisal shall be binding upon both the Secretary and Koniag. (3) Koniag shall bear the cost of all such appraisals, but shall be reimbursed in land by the United States for one-half of such costs pursuant to the provisions of section 2(b). SEC. 4. TIMING. (a) INITIAL APPRAISALS. —The appraisals required under section 3(a) shall be completed and delivered to the Secretary and to Koniag within one hundred and twenty days of the selection of the appraisers. (b) REVIEW APPRAISAL. —In the event a review appraisal is required pursuant to the provisions of section 3(b)(2) of this Act, such review appraisal shall be completed and delivered to the Secretary and to Koniag within sixty days of the selection of that appraiser. (c) C!ONVEYANCE BY KONIAG.—Koniag shall have one hundred eighty days after the date of the delivery of the appraisals performed under section 3(b)(l) or 3(b)(2), as the case may be, to convey to the Secretary the lands described in section 2(a)(1), and a technically correct description of lands to be conveyed to them under section 2(b). The Secretary may extend such time for good cause. (d) CONVEYANCE BY THE SECRETARY.— The Secretary shall convey to Koniag the lands identified by them pursuant to section 2(b) within one hundred and eighty days after his approval of Koniag's conveyance pursuant to subsection (c). Those lands conveyed to Koniag under this Act shall be excluded from the exterior boundaries of the Alaska Maritime National Wildlife Refuge. SEC. 5. EFFECT ON TITLE TO TIDAL OR SUBMERGED LANDS. (a) CLAIMS BY THE STATE OF ALASKA. —No provision of this Act shall be construed to invalidate or validate or in any other way affect the State of Alaska's claim that title to any or all of the tidal or submerged lands conveyed or to be conveyed hereunder vested in

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