Page:United States Statutes at Large Volume 106 Part 4.djvu/404

 106 STAT. 3140 PUBLIC LAW 102-489—(Xrr. 24, 1992 16 USC 668dd note. 16 USC 668dd note. "(11) the average of the values assigned to the respective lands by the appraisers if no review appraiser is required to be selected, and "(ii) Koniag elects not to consummate the exchange.". (b) DIFFERENCES IN APPRAISALS.— Section 3(b) of the Boundary Act is amended to read as follows: "(b) DIFFERENCES IN APPRAISALS.—(1) If the appraisals conducted under subsection (a) for tracts of the Koniag Lands or of the Identified lands differ by less than 20 percent in their assignment of values to particular tracts of those lands, then both appraisals for those particular tracts shall be submitted to the Secretary. "(2)(A) In the event that the appraisals conducted under subsection (a) for tracts of the Koniag Lands or of the Identified lands differ by more than 20 percent in their assignment of values to particular tracts of those lands, then the Secretary and Koniag shall jointly select a third appraiser who meets the requirements of section 3(a)(2). "(B) Such appraiser shall review the previously conducted appraisals for those tracts of land with appraisals differing by more than 20 percent, and shall assign values to those tracts, giving due consideration to the values set by the other 2 appraisers. "(C) Such appraiser shall then submit all 3 appraisals for those tracts to the Secretary.". (c) TECHNICAL AMENDMENTS. —The heading for section 3 of the Boundary Act is amended to read as follows: 'SEC. 3. ASSIGNMENT OF LAND VALUES.". (d) ASSIGNMENT OF VALUE BY SECRETARY. —Section 3 of the Boundary Act is amended by adding at the end the following: "(c) After considering the appraisals submitted to the Secretary, the Secretary shall assign values, as appropriate, to tracts of the Koniag Lands and to the Identified lands. This assignment of value shall be considered a final agency action for purposes of judicial review under chapter 7 of title 5, United States C^ode.". SEC. 5. TIMING. (a) CONVEYANCE BY KONIAG. —Section 4(c) of the Boundary Act is amended to read as follows: "(c) CONVEYANCE BY KONIAG.— Koniag shall have 180 days after the date the values are final under section 2(a)(2) in order to notify the Secretary of its intent to enter into the exchange and convey to the Secretary the Koniag Lands and to deliver to the Secretary a technically correct description of the lands to be con-

�