Page:United States Statutes at Large Volume 106 Part 3.djvu/334

 106 STAT. 2128 PUBLIC LAW 102-415—OCT. 14, 1992 surface estate in lands not within any conservation system unit from the State of Alaska to enable Gold Creek to select public lands at Gold Creek, Alaska, as identified by Gold Creek but in no case to exceed 480 acres. (d) AMOUNT. — <1) The initial balance of the account established in subsection 01>) shall be determined by multiplying— (A) the average value per acre, by (B) the 3,520 acre Gold Creek entitlement. (2) If a conveyance is made to Gold Creek pursuant to subsection (c), paragraph (1), the account shall be reduced by the amount of the actual acres conveyed by the average value per acre. In order to make such adjustment, the conveyance must be made by the Secretary of the Interior by October 1, 1996. (3) The average value per acre of the lands referred to in paragraphs (1) and (2) of this subsection shall be determined by divicung— (A) the fair market value as found by the Secretary of the Interior in subsection (e), paragraph (1), by (B) the 3,520 acre Gold Creek entitlement. (4) The fair market value of the surface estate of lands shall be determined as of the date of enactment of this section pursuant to subsection (e). (e) APPRAISAL.— (I)(A) As soon as possible after the date of enactment of this section, but not later than January 1, 1994, the Secretary of the Interior shall find the amount to be credited to the Gold Creek account by appraising the 3,520 acre Gold Creek entitlement by only considering parcels 320 acres or less in size, the access to whioi is secure and the subsurface to which is in separate ownership, which lie within 50 miles of Gold Creek and which have been sold since January 1, 1989, and by taking into consideration other land ownership conditions under the Settlement Act. (B) Gold Creek shall have the opportunity to present evidence of value to the Secretary of the Interior. The Secretary of the Interior shall provide Gold Creek with a preliminary drait of the appraisal. Gold Creek shall have a reasonable and sufficient opportunity to comment on the appraisal. The Secretary of the Interior shall give consideration to the comments and evidence of value submitted by Gold Creek under this subparagraph. (2) The Secretary of the Interior snail complete the valuation not later than 9 months after the passage of this Act. The Secretary of the Interior shall forward a certified copy of the valuation to Gold Creek. (3) Gold Creek shall have the right to appeal the certified valuation by the Secretary of the Interior so long as any such appeal is filed no later than 60 days after the date of such finding to the Office of Hearings and Appeals. In the event Gold Creek files such a timely appeal, the Gold Creek account shall be immediately established for the amount set by the Secretary subject to subsequent upward adjustment pursuant to the outcome of the appeal process. If Gold Creek is not satisfied with the decision 01 the Office of Hearings and Appeals, it m^ appeal that decision within one year to the United States District Court. (4) The Secretary of the Interior and Gold Creek may mutually agree to suspend or modify any of the deadlines under this sul>- section.

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