H.R. 39 (96th): Alaska National Interest Lands Conservation Act

Introduced:
Jan 15, 1979 (96th Congress, 1979–1980)
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 96-487.
Sponsor
Morris Udall
Representative for Arizona's 2nd congressional district
Party
Democrat
Text
Read Text »
Last Updated
Dec 02, 1980
Length
Related Bills
H.R. 39 (95th) was a previous version of this bill.

Passed House
Last Action: May 19, 1978

H.Res. 243 (rule)

Agreed To (Simple Resolution)
May 04, 1979

 
Status

This bill was enacted after being signed by the President on December 2, 1980.

Progress
Introduced Jan 15, 1979
Referred to Committee Jan 15, 1979
Passed House May 16, 1979
Passed Senate with Changes Aug 19, 1980
House Agreed to Changes Nov 12, 1980
Signed by the President Dec 02, 1980
 
Full Title

A bill to provide for the designation and conservation of certain public lands in the State of Alaska, including the designation of units of the National Park, National Wildlife Refuge, National Forest, National Wild and Scenic Rivers, and National Wilderness Preservation Systems, and for other purposes.

Summary

No summaries available.

Votes

Cosponsors
152 cosponsors (131D, 20R, 1N) (show)
Committees

House Merchant Marine and Fisheries

House Natural Resources

Senate Energy and Natural Resources

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


8/19/1980--Passed Senate amended.
(Measure passed Senate, amended, roll call #359 (78-14)) Alaska National Interest Lands Conservation Act - =
Title I - Purposes, Definitions, and Maps=
Declares it the purpose of this Act to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archaeological, geological, scientific, wilderness, cultural, recreational, and wildlife values.
States that it is the intent of Congress in this Act to:
(1) preserve unrivaled scenic and geological values associated with natural landscapes;
(2) provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation;
(3) preserve in their natural state extensive unaltered tundra, boreal forest and coastal rainforest ecosystems;
(4) protect the resources related to subsistence needs;
(5) protect and preserve historic and archeological sites, rivers, and lands; and
(6) preserve wilderness resource values and related recreational opportunities.
States that it is the belief of Congress that this Act ends the need for future legislation designating new conservation system units, new national conservation areas, or new recreational areas in Alaska. Excludes land selections of the State of Alaska which have been tentatively approved under the Alaska Statehood Act as well as certain other selections from the definition of "public lands." Requires that the boundary maps described in this Act be on file and available for public inspection in the office of the Secretary of the Interior or the Secretary of Agriculture with regard to the National Forest System. Directs that:
(1) a map and legal description of each change in land management status affected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate as soon as practicable after enactment; and
(2) such maps and legal descriptions be on file and available for public inspection in the office of the Secretary of the Interior. =
Title II - National Park System=
Establishes as units of the National Park System:
(1) Aniakchak National Monument and Aniakchak National Preserve;
(2) Bering Land Bridge National Preserve;
(3) Cape Krusenstern National Monument;
(4) Gates of the Arctic National Park and Gates of the Arctic National Preserve;
(5) Kenai Fjords National Park;
(6) Kobuk Valley National Park;
(7) Lake Clark National Park and Lake Clark National Preserve;
(8) Noatak National Preserve;
(9) Wrangell-St. Elias National Park and Wrangell-St. Elias National Preserves; and
(10) Yukon-Charley Rivers National Preserve. Authorizes the establishment of rights-of-way through such areas as specified, and permits specified activities which may be conducted in certain of such designated areas.
Allows subsistence uses by local residents in the Aniakchak National Monument to continue where such uses have been traditional.
Expands and redesignates as units of the National Park System:
(1) Glacier Bay National Monument (redesignated as Glacier Bay National Park and Glacier Bay National Preserve);
(2) Katmai National Monument (redesignated as Katmai National Park and Katmai National Preserve); and
(3) Mount McKinley National Park (redesignated as Denali National Preserve). Directs the Alaska Land Use Council, in cooperation with the Secretary of the Interior, to conduct a study of the Kantishna Hills and Dunkle Mine areas and report to Congress concerning such study not later than three years from the date of enactment of this Act. Requires that such study evaluate the resources of the area, including fish and wildlife, public recreation opportunities, wilderness potential, historic resources, and minerals.
Directs the Council, in conjunction with such study and in consultation with the Secretary, to compile information relating to the mineral potential of the areas encompassed within the study, the estimated cost of acquiring mining properties, and the environmental consequences of further mineral development.
Specifies that during the period of such study no acquisition of privately owned land shall be permitted within the study area except with the consent of the owner.
Permits the holders of valid mining claims to operate on their claims, subject to reasonable regulations designed to minimize damage to the environment.
Subjects such lands or claims to acquisition without the consent of the owner or holder if the Secretary determines, after notice and opportunity for hearing, that activities on such lands or claims will significantly impair important scenic, wildlife, or recreational values of the public lands which are the subject of such study.
Directs the Secretary of the Interior to administer the lands, waters, and interests so established, designated, or expanded.
Permits hunting in areas designated as national preserves under the provisions of this Act. Permits subsistence uses by local residents in national preserves and, where specifically permitted by this Act, in national monuments and parks.
Makes lands and waters withdrawn or reserved for the former Katmai and Glacier Bay National Monuments a part of Katmai National Park or Glacier Bay National Park. Provides that certain valid Native selections are recognized and shall be honored and conveyed by the Secretary in accordance with the Alaska Native Claims Settlement Act and this Act. Prohibits the Secretary, with respect to the Cape Krusenstern National Monument, the Malaspina Glacier Forelands area of Wrangell-St. Elias National Preserve, and the Dry Bay area of Glacier Bay National Preserve, from taking any action to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to existing law.
Withdraws the Federal lands within units of the National Park System established or expanded by or pursuant to this Act from all forms of appropriation under the public land laws, including location, entry, and patent under the United States mining laws, disposition under the mineral leasing laws, and from future selections by the State of Alaska and Native Corporations. =
Title III - National Wildlife Refuge System=
Defines "refuge" to mean any unit of the National Wildlife Refuge System established by this Act, prior to the enactment of this Act, or following the enactment of this Act, or any additions to such units.
Establishes as units of the National Wildlife Refuge System:
(1) Alaska Peninsula National Wildlife Refuge;
(2) Becharof National Wildlife Refuge;
(3) Innoko National Wildlife Refuge;
(4)
(4) Kanuti National Wildlife Refuge;
(5) Koyukuk National Wildlife Refuge;
(6) Nowitna National Wildlife Refuge;
(7) Selawik National Wildlife Refuge;
(8) Tetlin National Wildlife Refuge; and
(9) Yukon Flats National Wildlife Refuge. Declares the major purposes of each refuge to be:
(1) to conserve the designated fish and wildlife, as well as to conserve other fish and wildlife and habitat within the refuge;
(2) to fulfill the international treaty obligations of the United States with respect to fish and wildlife and habitat;
(3) to provide the opportunity for continued subsistence uses by local residents; and
(4) to ensure water quality and quantity within the refuge.
Establishes or redesignates as units of the National Wildlife Refuge System the following areas, consisting of existing refuges and the additions made thereto:
(1) Alaska Maritime National Wildlife Refuge;
(2) Arctic National Wildlife Refuge;
(3) Izembek National Wildlife Refuge;
(4) Kenai National Wildlife Refuge;
(5) Kodiak National Wildlife Refuge;
(6) Togiak National Wildlife Refuge; and
(7) Yukon Delta National Wildlife Refuge. Provides that each refuge shall be administered by the Secretary, subject to valid existing rights, in accordance with the laws governing the administration of units of the National Wildlife Refuge System and this Act. Prohibits the Secretary from permitting uses or granting easements in such refuges for any purposes which are not compatible with the major purposes of the refuge.
Withdraws all public lands (including any submerged lands beneath navigable waters of the United States retained in Federal ownership at the time of statehood) in each National Wildlife Refuge and any other National Wildlife Refuge System unit in Alaska, subject to valid existing rights, from future selections by Alaska and Native Corporations, from all forms of appropriation or disposal under the public land laws, but not from operation of mineral leasing laws.
Permits, within units of the National Wildlife Refuge System designated, established, or enlarged by this Act, the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law.
Permits the use of Federal lands, subject to reasonable regulation, for campsites, cabins, motorized vehicles, and aircraft landings directly incident to the exercise of such rights or privileges.
Permits, where compatible with the purposes of the refuge unit, subject to reasonable regulations and in accord with sound fisheries management principles, scientifically acceptable means of maintaining, enhancing, and rehabilitating fish stock.
Authorizes the Secretary to enter into cooperative management agreements with any Native Corporation, the State or local government, or any other person owning or occupying land which is located within or adjacent to any national wildlife refuge.
Requires that each cooperative management agreement provide that the land subject to such agreement shall be managed by the owner or occupant in a manner compatible with the major purposes of the refuge, including the opportunity for continuation of subsistence uses by local rural residents.
Sets forth the contents of such agreements.
Requires the Secretary to prepare and revise a comprehensive conservation plan for each refuge.
Sets forth information to be identified and described before each such plan is developed.
Directs the Secretary, in preparing each such plan and revision, to consult with the appropriate State agencies and Native corporations and hold public hearings in order to insure that the affected residents have opportunity to express their views.
Requires that the Secretary publish public notice of a proposed plan in the Federal Register, make copies available at each regional office of the United States Fish and Wildlife Service, and provide opportunity for public comment on such plan.
Sets forth a timetable for preparation of such plans.
Requires that the Secretary submit a conservation plan for any such refuge for which a wilderness review is required under this Act to the appropriate congressional committees.
Declares that all proclamations, Executive orders, public land orders, and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force and effect, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act, in which case the provision of such Acts shall prevail.
Directs the Secretary of the Interior to conduct and urges the Governor of Alaska to cooperate in conducting an ecological study of the barren-ground caribou herds north of the Yukon River and the herds that have been known to migrate between the United States and Canada. Requires the Secretary, in conducting such study, to review the experiences of other Arctic circumpolar countries with caribou.
Authorizes the Secretary to enter into such contracts as he deems necessary to carry out such study.
=
Title IV - National Conservation Area and National Recreation Area=
Establishes the Steese National Conservation Area for the purpose of protecting such land within the framework of a program of multiple use and sustained yield and for the maintenance of environmental quality.
Directs the Secretary, through the Bureau of Land Management, to administer such area and to develop a land use plan for such area.
Permits mineral development in such area where consistent with the land use plan.
Subjects any mining claims to reasonable regulations consistent with the protection of scenic, scientific, cultural, and other resources of the area.
Establishes the White Mountains National Recreation Area. Defines the term "unperfected mining claim", for purposes of this title,as a mining claim which is located on lands within the boundaries of the White Mountains National Recreation Area or Steese National Conservation Area established pursuant to this title with respect to which a valid mineral discovery within the meaning of the mining laws of the United States was not made as of the date of the withdrawal of such area from further appropriation under the mining laws of the United States. Specifies the rights of holders of unperfected mining claims.
Establishes a moratorium on validity determinations under the mining laws until September 30, 1982, so long as the holder of such a claim complies with applicable Federal and State laws.
Declares that if the holder of an unperfected mining claim notifies the Secretary that a valid mineral discovery has been made, and if the Secretary determines that such claim contains a valid mineral discovery, the holder of such claim shall be entitled to the issuance of a patent only to the minerals in such claim pursuant to the mining laws of the United States. Entitles the holder of such a patent to the use of so much of the surface estate of the lands comprising the claim as may be necessary for mining purposes, provided that such operations be in accordance with such reasonable regulations as may be issued by the Secretary. Grants reasonable access to an unperfected mining claim for purposes of making a valid mineral discovery until September 30, 1982.
Specifies preference rights of the holder of any unperfected mining claim which was, prior to November 16, 1978, located, recorded, and maintained in accordance with applicable Federal and State laws on lands located within the boundaries of the Steese National Conservation Area or the White Mountains National Recreation Area. =
Title V - National Forest System=
Extends the boundaries of:
(1) Chugach National Forest; and
(2) Tongass National Forest, to be administered by the Secretary of Agriculture as specified.
Withdraws from location, entry, and patent under Federal mining laws minerals in Federal lands within a specified addition to the Chugach National Forest, subject to valid existing rights.
Authorizes the Secretary of Agriculture to permit removal of leasable and nonleasable minerals from such land in accordance with specified laws and upon a finding of no significant adverse effects therefrom on the administration of those areas.
Establishes within the Tongass National Forest the Misty Fjords National Monument and the Admiralty Island National Monument. Directs the Secretary of Agriculture to manage such monuments as units of the National Forest System. Prohibits the sale or harvesting of timber within such monuments, except that the Secretary may take any measure necessary to control fire, insects, and disease.
Withdraws, subject to valid existing rights, the lands within such monuments from all forms of entry, appropriation, or disposal under the public lands laws and from future selections by Alaska and Native Corporations. Permits, after the date of enactment of this Act, any person who is the holder of any valid mining claim on public lands located within the boundaries of such monuments to carry out activities related to the exercise of rights under such claim in accordance with reasonable regulations promulgated by the Secretary. Specifies that any special use permit for a surface access road for bulk sampling of the mineral deposit at Quartz Hill in the Tongass National Forest shall be issued in accordance with this Act. Requires the Secretary of Agriculture, in consultation with Alaska and the Secretaries of Commerce and the Interior, to prepare a document which analyzes mine development concepts prepared by United States Borax and Chemical Corporation on the proposed development of a molybdenum mine in the Quartz Hill area of Tongass National Forest. Sets forth the contents of such documents.
Requires that the draft be completed within six months after the date of enactment of this Act and be made available for public comment.
Requires the Secretary of Agriculture to prepare an environmental impact statement under the National Environmental Policy Act of 1969 which covers an access road for bulk sampling purposes and the bulk sampling phase proposed by United States Borax and Chemical Corporation in the Quartz Hill area of the Tongass National Forest. Requires that a draft of such statement be completed within 12 months after the date of enactment of this Act. Requires the Secretary to issue a special use permit for such access road unless the construction or use of such road would cause an unreasonable risk of significant irreparable damage to the habitats of viable populations of fish management indicator species and the continued productivity of such habitats.
Prohibits the Secretary from issuing a special use permit until after a determination that the full field season of work for gathering base line data during 1981 has ended.
Declares it the intent of Congress that any judicial review of an administrative action concerning such permits shall be expedited to the maximum extent possible.
Permits within the Misty Fjords National Monument Wilderness salvage, cleanup, or other activity related to the development of the mineral deposit at Quartz Hill. Declares that designation of the Misty Fjords National Monument Wilderness shall not result in any new substantive or procedural requirements regarding the use of offshore waters adjacent to such wilderness for the disposal of mine tailings or access related to the development of the mineral deposit at Quartz Hill. Entitles the holders of valid mining claims, with respect to the mineral deposits at Quartz Hill and Greens Creek in the Tongass National Forest, to a lease on lands under the Secretary's jurisdiction at fair market value for use for mining or milling purposes in connection with the milling of minerals from such claims only if the Secretary determines that specified conditions are met.
Requires that permits issued by the Forest Service before the date of the enactment of this Act for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National monument, or any wilderness area shall expire not later than ten years after the date of enactment of this Act. Makes special provisions for Thayer Lake Lodge in the Admiralty Island National Monument. Sets forth the rights of holders of unperfected mining claims in the Misty Fjords or Admiralty Island Monuments. Allows the Secretary of Agriculture to issue leases (and necessary associated permits) on lands under his jurisdiction at fair market value for use for mining or milling purposes in connection with the milling of minerals from any valid mining claim situated within such monuments.
Requires the Secretary of Agriculture, in consultation with Alaska and the Secretaries of Commerce and the Interior, to promulgate such reasonable regulations as are necessary to maintain the habitats of anadromous fish and other foodfish and to maintain the present and continued productivity of such habitats when such habitats are affected by mining activities on national forest lands in Alaska. Grants to Kootznoowoo, Incorporated, all right, title, and interest in and to specified lands, rocks, pinnacles, islands, and islets above mean high tide on Admiralty Island subject to valid existing rights.
Declares that nothing in this Act shall restrict the authority of the Secretary of Agriculture to exchange lands or interests therein with Kootznoowoo, Incorporated, pursuant to the Alaska Native Claims Settlement Act or other land acquisition or exchange authority applicable to the National Forest System. Grants to SEAlaska, Incorporated, subject to valid existing rights, all right, title, and interest to the subsurface estate to specified lands on Admiralty Island. Declares that in the event that such land exchanges are ratified by Kootznoowoo, Incorporated, in accordance with this Act, the lands, interests therein, and rights conveyed shall constitute full satisfaction of the land entitlement rights of Kootznoowoo, Incorporated, and SEAlaska, Incorporated, and be deemed to have been conveyed pursuant to the Alaska Native Claims Settlement Act. Declares that such conveyances shall supersede and void all previous land selections of Kootznoowoo, Incorporated, and any previous subsurface rights of SEAlaska, Incorporated, on Admiralty Island not otherwise conveyed by this Act. Authorizes and directs the Secretary to convey to Goldbelt, Incorporated, and to SEAlaska, Incorporated, the lands and interest in lands covered by the Exchange Agreement between such Corporations and the Departments of Agriculture and the Interior. Ratifies the terms of such Agreement as a matter of Federal law.
Directs the Secretary to convey certain lands on Admiralty Island to Shee Atika, Incorporated. Authorizes appropripations for payment of land selection costs incurred by such Native corporations.
Directs the Secretary of Agriculture to implement a cooperative planning process for the enhancement of fisheries resources through fish hatchery and aquaculture facilities and activities in the Tongass National Forest. =
Title VI - National Wild and Scenic Rivers System=
Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) located within the National Park System Units: Alagnak, Alatna, Aniakchak, Charley, Chilikadrotna, John, Kobuk, Mulchatna, Noatak, North Fork of the Koyukuk, Salmon, Tinayguk, and Tlikakila. Adds to the system the following rivers (or segments thereof) located within National Wildlife Refuges: Andreafsky, Ivishak, Selawik, Sheenjek, Wind, and Nowitna. Adds to the system those rivers (or segments thereof) located outside National Park System units and National Wildlife Refuges: Alagnak, Beaver Creek, Birch Creek, Delta, Fortymile, Gulkana, and Unalakleet. Designates the following rivers (or segments thereof) to be studied for possible inclusion in the Wild and Scenic Rivers System: Colville, Etivluk-Nigu, Utukok, Kanektok, Kisaralik, Melozitna, Sheenjek, Situk, Porcupine, Yukon, Squirrel, and Koyuk. Specifies time requirements within which such studies are to be completed and transmitted.
Requires that detailed boundaries and development and management plans be established for such rivers within specified time limits.
Authorizes the Secretary of the Interior to seek cooperative agreements with the owners of non-Federal lands adjoining wild and scenic rivers established by this title to assure that the purposes of such designations are served to the greatest extent feasible.
Requires that the boundary of each river designated as a wild and scenic river shall include an average of not more than 640 acres per mile on both sides of the river.
Prohibits such boundary from including any lands owned by the State or local government or from surrounding any private lands adjoining the river.
Withdraws, subject to valid existing rights, all public lands which constitute the bed or bank or are within an area extending two miles from the bank of the river channel on both sides of the river segments from:
(1) all forms of appropriation under the mining laws and from operation of the mineral leasing laws during specified periods; and
(2) from entry, sale, State selection or other disposition under Federal public land laws for such specified periods.
=
Title VII - National Wilderness Preservation System=
Designates the following lands located within the National Park System as wilderness:
(1) Denali Wilderness;
(2) Gates of the Arctic Wilderness;
(3) Glacier Bay Wilderness;
(4) Katmai Wilderness;
(5) Kobuk Valley Wilderness;
(6) Lake Clark Wilderness;
(7)Noatak Wilderness; and
(8) Wrangell-St. Elias Wilderness. Designates the following lands located within the National Wildlife Refuge System as wilderness:
(1) Aleutian Islands Wilderness;
(2) Andreafsky Wilderness;
(3) Arctic Wildlife Refuge Wilderness;
(4) Becharof Wilderness;
(5) Innoko Wilderness;
(6) Izembek Wilderness;
(7) Kenai Wilderness;
(8) Koyukuk Wilderness;
(9) Nunivak Wilderness;
(10) Togiak Wilderness;
(11) Semidi Wilderness;
(12) Selawik Wilderness; and
(13) Unimak Wilderness. Designates the following lands located within the Tongass National Forest as wilderness:
(1) Admiralty Island National Monument Wilderness;
(2) Coronation Island Wilderness;
(3) Endicott River Wilderness;
(4) Maurille Islands Wilderness;
(5) Misty Fjords National Monument Wilderness;
(6) Petersburg Creek-Duncan Salt Chuck Wilderness;
(7) Russell Fjord Wilderness;
(8) South Baranof Wilderness;
(9) South Prince of Wales Wilderness;
(10) Stikine-LeConte Wilderness;
(11) Tebenkof Bay Wilderness;
(12) Tracy Arm-Fords Terror Wilderness;
(13) Warren Island Wilderness; and
(14) West Chicagof-Yakobi Wilderness. Permits the continuing use of existing mechanized portage equipment located at the head of Semour Canal on Admiralty Island. Directs the Secretary of Agriculture to review the Nellie Juan-College Fjord Study Area in the Chugach National Forest and report to the President and the Congress within three years on the suitability or nonsuitability of such areas for preservation of wilderness.
Establishes the National Forest Timber Utilization Program. Authorizes the Secretary to maintain the timber supply from the Tongass National Forest to dependent industry and to provide loans to national forest materials' purchasers for equipment purchases and new technology implementation to assist in utilizing wood products not otherwise usable.
Authorizes the appropriation of specified amounts from National Forest Fund receipts for the purposes of such program.
Directs the Secretary, within three years after the date of enactment of this Act, to prepare and transmit to the Congress a study of opportunities to increase timber yields on national forest lands in Alaska. Requires the Secretary to monitor timber supply and demand in Southeastern Alaska and report annually thereon to specified Congressional committees.
Directs the Secretary, within five years from the date of enactment of this Act and every two years thereafter, to review and report to Congress on the status of the Tongass National Forest. Releases certain lands reviewed in the RARE II Final Environmental Statement from protection for wilderness designation.
=
Title VIII - Subsistence Management and Use=
Declares it the policy of Congress that:
(1) management policies on the public lands in Alaska are to cause the least possible adverse impact on subsistence-dependent rural people, and as far as possible, such people are to have the opportunity of continuing a subsistence life style;
(2) nonwasteful subsistence use of fish and wildlife and other renewable resources shall have priority over other consumptive use of such resources on the public lands in Alaska; and
(3) Federal land-managing agencies are to cooperate with adjacent landowners and land managers in managing subsistence activities on the public lands and in protecting the continued viability of all valid renewable resources in Alaska. Defines "subsistence uses" as the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation, for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption or for the customary trade, barter, or sharing for personal or family consumption.
Gives preference to the taking of fish and wildlife on public lands for nonwasteful subsistence uses over the taking on such lands of fish and wildlife for other purposes.
Directs the Secretary of the Interior, in consultation with the State, to establish not less than six subsistence resource regions one year after enactment of this Act. Requires that there be sufficient number and boundaries of such regions to assure that regional differences in subsistence uses are adequately accommodated.
Provides for the establishment of local advisory committees and regional advisory councils in each such region.
Sets forth the functions of such councils, including the review, evaluation, and recommendation of regulations, policies, management plans, guidelines, and other matters relating to subsistence uses of fish and wildlife within the region and the preparation of an annual report to the Secretary. Directs the Secretary to consider the advice of such councils with respect to fish and wildlife management in such areas unless such recommendations are not supported by substantial evidence, violate principles of conservation, or would be detrimental to subsistence needs.
Directs the Secretary to forego such duties in the event the State undertakes an equivalent subsistence management program within one year of enactment of this Act. Requires the Secretary to monitor the State subsistence management program and its implementation, and sets forth enforcement procedures to insure State compliance with such program.
Directs the Secretary to reimburse the State for reasonable costs relating to the establishment and operation of the regional advisory councils and the operation of the State fish and game advisory committees.
Limits such reimbursement to 50 percent of such costs in any fiscal year.
Requires the Secretary to advise Congress at least once every five years as to the adequacy of such payments in ensuring the effectiveness of such State programs.
Directs the Secretary to monitor the provisions of the State concerning subsistence preference and advise the appropriate congressional committees at least annually on the effectiveness of the implementation of this title.
Sets forth procedures regarding the Federal judicial remedy for a local advisory committee or regional advisory council which determines that the preference for subsistence uses has not been adequately provided by the State in its region.
Directs the Secretary and the Governor to establish a subsistence resources commission for each national park or monument permitting authorized subsistence uses to recommend changes in the subsistence management program or its implementation when necessary.
Requires the Secretary to promptly implement such program or recommendation unless it:
(1) violates recognized principles of wildlife conservation;
(2) threatens the conservation of healthy wildlife populations in the park or park monument;
(3) is contrary to the purposes for which the park or park monument is established; or
(4) would be detrimental to the satisfaction of subsistence needs of local residents.
Authorizes the Secretary to enter into cooperative agreements or otherwise cooperate with other Federal agencies, the State, Native Corporations, other appropriate persons and organizations, and, acting through the Secretary of State, other nations in order to protect subsistence resources and uses.
Sets forth procedures for Federal agency evaluation of the impact of land use decisions on subsistence uses of lands under the primary jurisdiction of such agencies.
Prohibits withdrawals, reservations, leases, permits, or other uses, occupancies, or dispositions of such lands which would significantly restrict subsistence uses without specified notice to and hearings with appropriate councils, committees, and the public and the making of specified determinations.
Directs the Secretary to ensure that rural residents engaged in subsistence uses have reasonable access to subsistence resources on the public lands.
Permits appropriate use for subsistence purposes of snowmobiles, motorboats, and other traditionally employed means of surface transportation by local residents, subject to reasonable regulation.
Requires that the Secretary, in cooperation with the State of Alaska and other appropriate Federal agencies:
(1) undertake research on fish and wildlife and subsistence uses on the public lands;
(2) consult with and make use of the special knowledge of local residents engaged in subsistence uses; and
(3) make the results of such research available to the State of Alaska, the local and regional councils established by this title, and other appropriate persons and organizations.
Directs the Secretary, in consultation with the Secretary of Agriculture, to report to the President of the Senate and the Speaker of the House of Representatives on the implementation of this title within four years after the date of enactment of this Act and every following three-year period.
Requires that notice of such report be published in the Federal Register and that such report be made available to the public.
Closes all national parks and monuments in Alaska to the taking of wildlife except for subsistence uses to the extent permitted by this Act. States that nothing in this title is intended to alter the authority of the Secretary to designate areas and establish periods for the taking of fish and wildlife for reasons of public safety, administration, or to assure the continued viability of a particular fish or wildlife population.
Authorizes the Secretary to close temporarily public lands (including those within any conservation system unit) to subsistence uses of a particular fish or wildlife population if necessary for reasons of public safety and administration or to assure the continued viability of such population, after consultation with the State and adequate notice and public hearing.
Provides for the immediate closing of public lands if the Secretary determines that an emergency situation exists and extraordinary measures must be taken for public safety or to assure the continued viability of a particular fish or wildlife population.
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Title IX - Implementation of Alaska Native Claims Settlement Act and Alaska Statehood Act=
Specifies that the ownership by a Native corporation or Native group of a parcel of submerged land conveyed to such corporation or group pursuant to the Alaska Native Claims Settlement Act or this Act, or a decision by the Secretary of the Interior that the water covering such parcel is not navigable, shall not be subject to judicial determination unless a civil action is filed in the United States District Court:
(1) within five years after the date of execution of the interim conveyance if the interim conveyance was executed after the date of enactment of this Act; or
(2) within seven years after the date of enactment of this Act if the interim conveyance was executed on or before the date of enactment of this Act. Declares that no Native corporation or Native group shall be determined to have been conveyed its acreage entitlement under the Alaska Native Claims Settlement Act until:
(1) the statutes of limitation set forth in this Act have expired with respect to every parcel of submerged land conveyed to such corporation or group; and
(2) a final judgment or order not subject to an appeal has been obtrained in every such civil action filed.
Permits a Native corporation or Native group and the State, whenever a parcel of submerged land to be conveyed to such corporation or group is located outside the boundaries of a conservation system unit, to mutually agree that such parcel may be selected by and conveyed to the State under the Alaska Statehood Act. Authorizes a corporation or group, in any instance in which the State could have selected a parcel of submerged land pursuant to such an agreement between the State and a Native corporation or Native group if such parcel had not previously been conveyed to such corporation or group, to reconvey such parcel to the Secretary, who shall accept such reconveyance.
Requires any Native corporation or Native group, in any such agreement and in any reconveyance executed by a Native corporation or Native group, to disclaim its interest in the parcel which is the subject of the agreement or reconveyance.
Specifies that any Native corporation or Native group which is entitled to receive conveyance of replacement acreage in lieu of acreage within a parcel of submerged land relinquished or reconveyed pursuant to this Act shall receive conveyance of such replacement acreage from among existing selections made by such corporation or group pursuant to the Alaska Native Claims Settlement Act or this Act. Sets forth administrative provisions concerning:
(1) easements on specified lands and acquisition of future easements; and
(2) the status of certain lease offers.
Provides that the 20-year moratorium on the payment of State and local real property taxes on land conveyed pursuant to the Alaska Native Claims Settlement Act shall begin with the vesting of title in such lands, or the date of issuance of an interim conveyance or patent, whichever is earlier.
Provides that the moratorium shall not apply to land which is leased or developed for purposes other than exploration.
Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for:
(1) allotment applications describing land within the boundaries of a National Park system unit established before or by this Act and not withdrawn;
(2) allotment applications describing land patented or deeded to Alaska or selected by or tentatively approved or confirmed to Alaska and not withdrawn;
(3) allotment applications with respect to which a Native Corporation files a protest stating the applicant is not entitled, and the land is withdrawn for selection by the Corporation;
(4) allotment applications with respect to which Alaska files a protest stating the land in the allotment application is necessary for access to public lands;
(5) allotment applications with respect to which a person or entity files a protest and the land is a situs of an improvement by that person or entity; and
(6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant.
Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts.
Allows the allotment applicant to amend the land description in the allotment if such description desribes land that the applicant did not intend to claim.
Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest.
Deems vacant, unappropriated, and unreserved any land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless such land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power.
Reserves such land for allocation subject to a right of reentry for a specified 20-year period.
Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right.
Declares that existing rights acquired by actual use of the described lands prior to its withdrawal or classification shall not be affected.
Grants final approval to all tentative approvals of the State land selections pursuant to the Alaska Statehood Act. Vests title in all such lands in the State as of the date of tentative approval.
Sets forth administrative provisions regarding State selections and conveyances.
Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands.
Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands.
Sets forth required terms of such agreements, as well as benefits to private landowners.
Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act or this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owed or penalties incurred by any Native corporation or Native group, or any officer, director, or stockholder of any such corporation or group.
States that such benefits shall not apply to any lands which, on the date of enactment of this Act, are the subject of a mortgage, pledge, or other encumbrances.
Provides for the protection of lands conveyed to Native corporations by this Act or pursuant to the Alaska Native Claims Settlement Act which are within contingency areas designated in timber sales contracts let by the United States. =
Title X - Federal North Slope Lands Studies, Oil and Gas Leasing Program and Mineral Assessments=
Directs the Secretary of the Interior to conduct a study of specified Federal lands in Alaska, other than lands included in conservation system units established by this Act. Requires that such study:
(1) assess the potential oil and gas resources and make recommendations concerning future use and management of such resources;
(2) review the wilderness characteristics and make recommendations for wilderness designation of lands; and
(3) study and make recommendations for protection of the wildlife resources of such lands.
Directs the Secretary, after completion of such study, to make findings concerning such lands on:
(1) the potential oil and gas resources;
(2) the impact of oil and gas development on wildlife resources;
(3) the national need for the development of oil and gas resources;
(4) the national interest in preservation of the wilderness characteristics; and
(5) the national interest in protection of the wildlife resources.
Directs the Secretary, during the course of such study, to consult with specified Federal, State, and other entities and the Government of Canada and to provide an opportunity for public review and comment.
Requires the Secretary to submit the study and the findings to the President and Congress no later than eight years after the date of enactment of this Act and to report annually to Congress on the progress in carrying out this title.
Requires the Secretary of the Interior to conduct a continuing study of the fish and wildlife of the coastal plain of the Arctic National Wildlife Range and their habitat and, within two years after the date of enactment of this Act, establish by regulation initial guidelines governing the carrying out of exploratory activities in such areas.
Allows any person, including the United States Geological Survey, after the initial guidelines are prescribed, to submit one or more plans for exploratory activity.
Provides civil penalties for the violation of any provision of any exploratory activity plan approved by the Secretary. Directs the Secretary to prepare and submit to Congress, not earlier than five years after the enactment date of this Act and not later than five years and nine months after such date, a report containing:
(1) the identification, by means other than drilling of exploratory wells, of those areas within the coastal plain that have oil and gas production potential and an estimate of the volume of the oil and gas concerned;
(2) the description of fish and wildlife, their habitats, and other resources within such areas;
(3) an evaluation of the adverse effects that further exploration for, and the development and production of, oil and gas within such areas will have on such resources;
(4) a description of how oil and gas produced in such area may be transported to processing facilities;
(5) an evaluation of how such oil and gas relates to the national need for additional domestic sources of oil and gas; and
(6) the Secretary's recommendations with respect to further exploration for, and development and production of, oil and gas within such areas as well as the need for additional legal authority to ensure that the adverse effects of such activities on fish and wildlife, their habitats, and other resources are avoided or minimized.
Withdraws all public lands within the coastal plain from all forms of entry or appropriation under the mining laws and from operation of the mineral leasing laws of the United States. Prohibits production of oil and gas from the Arctic National Wildlife Range until authorized by an Act of Congress. Directs the Secretary, as part of the study required by this title, to review and report to the President on the suitability for preservation as wilderness of the Federal lands which are the subject of such study.
Requires the President to advise the Senate and the House of Representatives concerning the designation of any such areas as wilderness, together with maps and definitions of boundaries.
Requires that such wilderness study area shall be administered by the Secretary in order to maintain presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. Permits the continuation of established uses in the manner and degree as on the date of enactment of this Act. Directs the Secretary to work closely with the State and Native Village and Regional Corporations in evaluating the impact of oil and gas exploration, development, production, and transportation and other human activities on the wildlife resources of such lands, including impacts on the Arctic and Porcupine caribou herds.
Requires that the Secretary consult with the appropriate agencies of the Government of Canada in evaluating such impacts, particularly with respect to the Porcupine caribou herd.
Requires the Secretary, in studying oil and gas alternative transportation systems, to consult with the Secretary of Transportation and consider:
(1) the extent to which environmentally and economically feasible alternative routes could be established;
(2) the prospective oil and gas production potential of such area of Alaska for each alternative transportation route; and
(3) the environmental and economic costs and other values associated with such alternative routes.
Requires the Secretary of the Interior, the Secretary of Defense, and the Secretary of Energy to initiate and carry out a study of the mission, facilities, and administration of the Naval Arctic Research Laboratory (NARL), Point Barrow, Alaska. Specifies that such study shall address, and the Secretary of the Interior shall make recommendations on, the need for redirecting the United States Arctic research policy and the role of the NARL in developing and implementing such policy.
Requires the Secretaries to make recommendations concerning the management of NARL and the appropriate level of Federal funding for scientific and technological research on the Arctic environment and its uses, after completion of such study.
Directs the Secretaries to consult with representatives of specified Federal, State, local and other entities during the course of such study and to provide an opportunity for public comment on the draft report and proposed recommendations prior to final approval.
Requires that the study and recommendations be submitted to Congress within one year after the date of enactment of this Act. Directs the President to continue the operation of NARL at the fiscal year 1979 funding level, pending submission of such study to Congress. Directs the Secretary of the Interior, pursuant to the Mineral Leasing Act of 1920, as amended, to establish an oil and gas leasing program on the Federal Lands of Alaska not subject to the comprehensive study program required by this title, other than lands included in the National Petroleum Reserve-Alaska. Restricts the Secretary from undertaking such program on lands where the applicable law prohibits such leasing or on units of the National Wildlife Refuge System where oil or gas exploration or development would be incompatible with the purpose for which such unit was established.
Directs the Secretary to study the oil and gas potential, environmental characteristics, and wildlife resources which would be affected by oil and gas exploration and development of areas the Secretary deems favorable for the discovery of oil or gas.
Authorizes the Secretary to issue permits for study, including geological, geophysical, and other assessment activities, if such activities can be conducted in a manner which is consistent with the purposes for which each affected area is managed under applicable law.
Directs the Secretary to consult with the Secretary of Energy regarding the national interest in oil and gas exploration and development on such lands and to seek the views of the Governor of Alaska and specified groups and individuals in determining which land should be studied and/or leased for the exploration and development of oil and gas.
Requires the Secretary to encourage the State to undertake similar studies on lands associated with Federal lands and to integrate the studies of Federal and State lands in order to establish needs for cooperation between the Federal Government and the State in managing energy and natural resources, including fish and wildlife, early in the program.
Directs the Secretary to report to Congress annually, beginning October 1, 1981, on his efforts pursuant to this Act regarding the leasing, exploration, and development activities on such lands.
Directs the Secretary to identify those areas determined to be favorable for the discovery of oil or gas.
Authorizes the Secretary pursuant to such Act to issue leases on Non-North Slope Federal Lands, under such terms and conditions as may be prescribed.
Limits areas determined by the Secretary to be within favorable petroleum geological provinces to leasing by competitive bidding only.
Sets forth administrative provisions regarding such leasing of Federal lands.
Directs the Secretary to suspend operations of a lease for up to five years if he determines that:
(1) immediate and irreparable damage will result from continuation of a lease;
(2) the threat of such damage will not disappear; and
(3) the advantages of cancellation outweigh the advantages of continuation of a lease.
Provides that if such threat persists beyond the five-year suspension period, the Secretary shall cancel a lease and provide compensation under appropriate terms.
Sets forth special procedures to be followed by the Secretary whenever an application for an oil and gas lease is received pursuant to such Act for lands in Alaska within a unit of the National Wildlife Refuge System which are not also part of the National Wilderness Preservation System. Directs the Secretary to assess the potential of oil, gas, and mineral resources on all public lands in the State in order to expand the data base regarding the mineral potential of such lands.
Directs the Secretary to consult and exchange information with the State regarding the responsibilities of the Secretary under such program and similar programs, and to consult with the Secretary of Energy and heads of other Federal agencies to determine requirements to protect the resources of such areas including fish and wildlife.
Authorizes the Secretary to carry out such mineral assessment program through contracts with publlic or private entities.
Directs the President to submit annually to Congress all pertinent public information relating to minerals in Alaska gathered by the United States Geological Surveys, Bureau of Mines, and any other Federal agency, beginning October 1, 1982.
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Title XI - Transportation and Utility Systems In and Across, and Access Into, Conservation System Units=
Defines transportation and utility systems subject to this title as:
(1) systems for the transportation of water;
(2) pipelines and other systems for the transportation of other liquids and gases, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined product produced therefrom;
(3) pipelines, slurry and emulsion systems, and conveyor belts for transportation of solid materials;
(4) systems for transmission and distribution of electric energy;
(5) systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and other means of communication;
(6) improved rights-of-way for snow machines, air cushion vehicles, and other all-terrain vehicles; and
(7) roads, highways, railroads, tunnels, tramways, airports, landing strips, dock, and other systems of transportation.
Directs the Secretaries of the Interior, Agriculture, and Transportation, in consultation with the appropriate Federal agencies, to jointly prescribe and publish a consolidated application form for each type of transportation or utility system, within 180 days of enactment of this Act. Requires any Federal agency which receives an application for approval of a system to notify the applicant within 60 days of the receipt of the application that such application is either complete or that more information is required.
Sets forth filing requirements for environmental impact statements required to be filed with an application for approval of a system.
Sets forth procedures for the consideration, processing, and approval of applications for approval of systems.
Directs the appropriate Federal agency, in any case in which there is no applicable law regarding a transportation or utility system, to recommend to the President the approval of such system only upon a determination that:
(1) the system will be compatible with the purposes for which the conservation system unit concerned was established; and
(2) there is no economically feasible and prudent alternative route.
Authorizes the issuance of permits or licenses, necessary for establishment of systems which do not occupy, use, or traverse any area within the National Wildlife Preservation System upon approval of applications for such systems by the appropriate Federal agencies.
Provides for appeal of denials of such applications to the President, and subsequently, in the appropriate Federal court.
Requires that certain approved applications be submitted to the President for his recommendations and then submitted to the Congress for approval.
Directs the appropriate Federal agencies to issue appropriate authorizations, upon enactment of a joint resolution by the Senate and the House of Representatives approving the application.
Specifies terms and conditions for any right-of-way issued pursuant to an application under this title.
States that it is the intent of Congress that any judicial review of any administrative actions pursuant to this title be expedited to the maximum extent possible, States that nothing in this title shall be construed to adversely affect any valid existing right of access.
Permits the use of snowmachines, motorboats, airplanes, and certain nonmotorized surface transportation methods on conservation system units, national recreation areas, national conservation areas, and wilderness study areas, subject to reasonable regulations by the Secretary. Provides that when such areas are State owned or privately owned, the owner shall be given by the Secretary such rights as may be necessary to assure access for economic and other purposes.
Provides for temporary access to such areas as well as to certain other lands to permit the State or private landowner access for survey, geophysical, exploratory, or other temporary, non-harmful uses.
Removes certain restrictions on the North Slope Haul Road as long as the State keeps the road closed to the public.
Authorizes the State of Alaska to limit access, impose restrictions, and impose tolls, notwithstanding any provision of Federal law.
Provides for a study of the effect of this Act upon the ability of the Government of Canada to obtain access in the Stikine River region of southeast Alaska. Directs the President to consult with the Government of Canada and report to Congress on the need, if any, to provide for such access.
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Title XII - Federal-State Cooperation=
Establishes the Alaska Land Use Council, composed of the Alaska field directors of the Federal land managing and planning agencies, the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, Environmental Conservation, and Transportation, and two representatives selected by the Alaska Native Regional Corporations. Requires that all Council meetings be open to the public, with at least 15 days notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary of the Interior, the Secretary of Agriculture, other Federal agencies, the State, local governments, and Native Corporations regarding land and resource uses in Alaska, including transportation planning, land use designation, fish and wildlife management, tourism, agricultural development, coastal zone management, and preservation of cultural and historical resources.
Requires the Council to make recommendations to appropriate officials of the United States and Alaska with respect to:
(1) proposed regulations promulgated by the United States to carry out its responsibilities under this Act;
(2) management plans and studies required by this Act; and
(3) proposed regulations promulgated by the State of Alaska to carry out its responsibilities under this Act. Authorizes the Council to recommend cooperative planning zones where the management of lands or resources of one member materially affects another.
Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones.
Authorizes the Secretary of the Interior to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning.
States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest.
Requires cooperative agreements established pursuant to this Act to include a plan for public participation consistent with guidelines established by the Council. States that the Council will terminate in ten years, unless it is extended by Congress. Directs the Council to establish a public participation program which shall include a committee of land-use advisors, made up of representatives of commercial and industrial land users in Alaska, recreational land users, wilderness users, environmental groups, Native corporations, and other public and private organizations.
Establishes a Federal Coordination Committee, composed of the Secretaries (or their designees) of Agriculture, Energy, the Interior, and Transportation, the Administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration, and the Federal and State Cochairmen of the Council. Requires that such Committee meet at least once every four months, in order to coordinate those programs and functions of their respective agencies which affect the administration of lands and resources in Alaska. Provides for the preparation and implementation of a comprehensive and systematic cooperative management plan, agreed to by the United States and the State, for the Bristol Bay Cooperative Region. Sets forth provisions to be included in such plan.
Authorizes the Secretary to prepare such plan if the State does not participate in the preparation.
Declares that such plan shall take effect when it has been agreed to by the Secretary and the Governor. Requires any such plan which includes any recommendations regarding the exchange of State lands, the management of Federal lands within any conservation system unit, or any other actions which require the approval of Congress or the Alaska State legislature to be submitted to Congress and the State legislature.
Withdraws all Federal lands within such region, other than land within conservation system units, from all forms of entry or appropriation under the public land laws, and places such lands under the management of the Bureau of Land Management, for three years beginning on the date of enactment of this Act. =
Title XIII - Administrative Provisions=
Requires the Secretary of the Interior to transmit, within five years from the date of enactment of this Act, to appropriate Committees of Congress, a conservation and management plan for each of the units of the National Park System established pursuant to this Act or to which additions are made by this Act.Sets forth the requirements to be included in each such National Park Service plan.
Requires the Secretary, in developing, preparing, and revising such plan, to take into consideration at least the following factors:
(1) the specific purposes for which the concerned conservation system unit was established or expanded;
(2) protection and preservation of the ecological, environmental, wildlife, cultural, historical, archeological, geological, recreational, wilderness, and scenic character of the concerned unit and of areas in the vicinity of such unit;
(3) providing opportunities for Alaska Natives residing in the concerned unit and areas adjacent to such unit to continue performing activities which they have traditionaly or historically performed in such unit; and
(4) activities being carried out in areas adjacent to, or surrounded by, the concerned unit.
Requires the Secretary, in developing, preparing, and revising such a plan, to hold at least one public hearing in the vicinity of the concerned conservation unit and at least one public hearing in a metropolitan area of Alaska and permit specified persons to participate in the development, preparation, and revision of such plan.
Authorizes the Secretary to acquire by purchase, donation, exchange or otherwise, any lands within the boundaries of any conservation system unit other than National Forest Wilderness. States that land owned by the State or a political subdivision of the State, a Native Corporation or Native group, the actual occupant of a tract, or a spouse or lineal descendant of the actual occupant of a tract may not be acquired by the Secretary without the consent of the owner.
Sets forth administrative provisions relating to such acquisitions.
Authorizes the Secretary to exchange lands or interests in lands with corporations organized by Native groups, Village corporations, Regional Corporations, Urban Corporations, other municipalities and corporations or individuals, the State of Alaska, or any Federal agency.
Authorizes the Secretary to acquire by donation or exchange lands which are contiguous to any conservation system established by this Act and lands which are owned or validly selected by the State of Alaska. States that any lands so acquired shall become a part of such conservation system unit.
Provides that cabins or other structures existing prior to December 18, 1973, on lands not owned by the claimant within the boundaries of any unit of the National Park System created or enlarged by this Act may be occupied and used by the claimant to these structures pursuant to a renewable, nontransferable permit.
Declares that such use and occupancy shall be for terms of five years each.
Provides that cabins or other structures on lands not owned by the claimant within the boundaries of any National Park Unit created or enlarged by this Act, the occupancy or use of which commenced between December 18, 1973, and December 1, 1978, may be used and occupied by the claimant of such structure pursuant to a nontransferable, nonrenewable permit, which shall have a maximum term of one year.
Sets forth provisions regarding the construction, use, and occupancy of cabins and related structures on other areas and Federal lands within conservation units.
Provides for the renewal of five year permits throughout the lifetime of the last immediate family member of the claimant residing in the cabin or structure.
Authorizes the Secretary to acquire archaeological or paleontological sites outside of the Cape Krusenstern National Monument, the Bering Land Bridge National Preserve, the Kobuk Valley National Park, and the Yukon-Charley Rivers National Preserve. Requires that sites so acquired be included in and managed as part of such areas.
Limits to 7,500 acres the land which may be designated or acquired for inclusion in any single area.
Requires the Secretary, prior to acquiring any such property in excess of 100 acres, to submit notice of the proposed acquisition to the appropriate committees of the Congress and publish notice of such proposed acquisition in the Federal Register. Authorizes the Secretary, in consultation with other Federal agencies, to investigate and plan for an information and education center for visitors to Alaska on no more than a total of 1,000 acres of Federal land adjacent to the Alaska Highway. Authorizes the Secretary to investigate and plan for such centers in Anchorage and Fairbanks. Authorizes the Secretary of Agriculture to investigate and plan for such a center in Juneau, Ketchikan, or Sitka. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation unit, if compatible, or outside the boundaries of, and in the vicinity of, the unit.
Directs the Secretary to locate such sites and facilities on Native lands in the vicinity of the unit where practicable and desirable.
Sets forth the authorities of the Secretary in regard to establishing such sites and facilities.
Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit to continue providing such services if they are consistent with the purposes of the unit.
Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native corporations most directly affected by the conservation system unit and to local residents and offer to Cook Inlet Region, Incorporated the right of first refusal to provide new revenue producing visitor services within the Kenai National Moose Range or that portion of the Lake Clark National Park and Preserve within the boundaries of the Cook Inlet Region. Directs the Secretary to establish a local-hire program, under which the Secretary will consider qualified local residents for selection to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel.
Requires the Secretary to submit reports and recommendations to Congress on such program.
Permits the State of Alaska to donate mineral interests as well as surface estate lands to the Klondike Gold Rush National Historical Park. Provides for the reasonable access to and operation and maintenance of:
(1) existing air and water navigation aids and existing facilities for weather, climate, and fisheries research and monitoring where they are located within the conservation system units; and
(2) existing facilities for national defense purposes and related air and water navigation aids within or adjacent to conservation system units.
Permits the establishment, operation, and maintenance within any conservation system unit of new air and water navigation aids and related facilities, facilities for national defense purposes and related air and water navigation aids, and facilities for weather, climate, and fisheries research and monitoring.
Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway, and within three years after the date of enactment, to report to the President who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended).
Directs the Secretary to administer the White Mountains National Recreation Area established by this Act in a manner to provide for:
(1) public outdoor recreation benefits;
(2) conservation of scenic, scientific, historic, fish and wildlife, and other values contributing to public enjoyment; and
(3) management, utilization, and disposal of natural resources in accordance with such purposes.
Withdraws the lands within the recreation area from location, entry, and patent under the United States mining laws.
Authorizes the Secretary to permit the removal of the nonleasable minerals from lands or interest in lands within the recreation area, if such disposition would not have significant adverse effects on the administration of the recreation area.
Sets forth provisions concerning the disposition of receipts derived from permits and leases issued on lands or interest in lands within the recreation area and receipts from the disposition of nonleasable minerals within the recreation area.
Provides that the national preserves in Alaska are to be administered and managed as units of the National Park System in the same manner as national parks, except that the taking of fish and wildlife for sport and subsistence purposes and trapping shall be allowed in a national preserve under applicable State and Federal law and regulation.
Declares that the taking of fish and wildlife in all conservation system units, national conservation areas, national recreation areas, and national forests shall be carried out in accordance with the provisions of this Act and other applicable State and Federal Law. Closes those areas designated as national parks or national park monuments in Alaska to the taking of fish and wildlife, except for subsistence uses and fishing permitted by the Secretary in accordance with this Act and other applicable State and Federal law.
Sets forth provisions regarding the management of wilderness in Alaska. Authorizes fishery enhancement activities in Alaska. Permits the Secretary of Agriculture, within National Forest wilderness and national forest monuments designated by this Act, to permit or otherwise regulate the recovery and salvage of logs from coastlines.
Allows on all public lands, where the taking of fish and wildlife is permitted in accordance with the provisions of this Act or other applicable State and Federal law and subject to regulation by the Secretary, the continuance of existing uses and the future establishment and use of temporary campsites, tent platforms, shelters, and other temporary facilities and equipment.
Directs the Secretary to review all lands within National Parks and units of the National Wildlife Refuge System not designated as wilderness by this Act and to report the findings to the President within five years from the date of enactment of this Act. Directs the President to advise the Congress of his recommendations with respect to such areas within seven years from the date of enactment of this Act. Permits the Secretary to provide advice, assistance, and technical expertise to a Native corporation or Native group in order to preserve, display, and interpret cultural resources.
Authorizes the Secretary to recommend to the Congress the inclusion of certain areas in the National Wilderness Preservation System. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act for fiscal years beginning after fiscal year 1980.
Rescinds specified previous withdrawals and reservations of public lands not within the boundaries of any conservation system unit, national conservation area, national recreation area, or national forest addition.
Specifies that such lands shall be managed by the Secretary pursuant to the Federal Land Policy and Management Act of 1976, or in the case of lands within a national forest, by the Secretary of Agriculture. Requires the Secretary to provide such access to nonfederally owned land within the boundaries of the National Forest System or surrounded by public lands as deemed adequate to secure to the owner the reasonable use and enjoyment thereof.
Declares that nothing in this Act or other existing laws shall be construed as necessarily prohibiting or mandating the development of agricultural potential within the Yukon Flats National Wildlife Refuge pursuant to existing law.
Requires any development permitted within the Yukon Flats National Wildlife Refuge to be designed and conducted in such a manner as to minimize to the maximum extent possible any adverse effects of the natural values of the unit.
Declares that the permissibility of such development shall be determined by the Secretary on a case-by-case basis under existing laws.
Declares that nothing in this Act or the National Wildlife Refuge System Administration Act of 1966 shall be construed as necessarily prohibiting or mandating the construction of the Terror Lake Hydroelectric Project within the Kodiak National Wildlife Refuge. Declares that the permissibility of such development shall be determined by the Secretary on a case-by-case basis under existing law.
Requires that notice be provided in the Federal Register and to both Houses of Congress of any future executive branch action which withdraws more than 5,000 acres, in the aggregate, of public lands within the State of Alaska before such withdrawal shall become effective.
Terminates such withdrawal unless Congress passes a joint resolution of approval within one year after the notice of such withdrawal has been submitted.
Prohibits any further studies of Federal lands in Alaska for the single purpose of considering the establishment of a conservation system unit, national recreation area, national conservation area, or for related or similar purposes from being conducted unless authorized by this Act or further Act of Congress. =
Title XIV - Amendments to the Alaska Native Claims Settlement Act and Related Provisions=
Amends the Alaska Native Claims Settlement Act to cancel on December 18, 1991, all stock previously issued and to issue share of appropriate class stock to each stockholder.
Makes further provisions for permissable restrictions on stockholders, amendments to the articles of incorporation, and stock alienation, annual audits, and transfer of stock ownership.
Allows the Secretary, upon the request of a Village Corporation, to waive the requirement of such Act that a Corporation select land in whole sections (and that natural features are to be used as boundaries) where:
(1) (a) a portion of available public lands of a section is separated from other available public lands in the same section by lands unavailable for selection or by a meanderable body of water, (b) such waiver will not result in small isolated parcels of available public land remaining after conveyance of selected lands to Native Corporations, and (c) such waiver would result in a better land ownership pattern or improved land or resource management opportunity; or
(2) the remaining available public lands in the section have been selected and will be conveyed to another Native Corporation under such Act. Provides for the selection of land by Regional Corporations where the public lands consist only of the mineral estate, or portion thereof, which is reserved by the United States upon patent of the balance of the estate under one of the public land laws, other than such Act. States that no mineral estate or in lieu surface estate shall be available for selection within the boundaries of the National petroleum Reserve-Alaska or the Wildlife Refuges as they existed on the date of enactment of such Act. Requires any Native corporation to reconvey title to the surface estate in tracts occupied for specified purposes as of December 18, 1971, (except that occupancy of tracts located in the Pribilof Islands shall be determined as of the initial conveyance of such tracts to the appropriate Village corporation).
Provides for reconveyances of less than 1,280 acres by a Village corporation to a Municipal corporation or the State in trust.
Provides for the conveyance of fee title of existing cemetery and historical places to appropriate Regional corporations.
Places restrictions on the conveyance to Regional corporation of lands which are located in a wildlife refuge.
Permits a Regional corporation which is precluded from receiving title to protected lands to select certain other lands designated by the Secretary for such purpose.
Makes provisions for the conveyance of real property by a Village corporation to shareholders of such corporation to provide homesites.
Revises the method of determining basis in land and basis of minerals and timber for the purpose of taxation of revenues and proceeds derived from such property interests and capital gain or loss on subsequent sale or disposition of land received pursuant to this Act. State that fire protection of Native land provided by the Department of the Interior shall cover "wildland." Includes provisions for:
(1) the issuance of an "interim conveyance" to a Native, Native corporation, or Native group pursuant to this Act if such lands have not been surveyed; and
(2) the selection of land by a Village corporation where the lands selected and conveyed are insufficient to fulfill the corporation's entitlements.
Requires that all funds received from certain uses of lands withdrawn for selection by a corporation shall be deposited in an escrow account until lands selected have been conveyed to the receiving corporation and that such proceeds shall be paid, together with interest accrued, to the appropriate corporation or individual upon such conveyance.
Directs the Secretary to pay by grant to certified Native Group Corporations an amount not more than $100,000 or less than $50,000 for planning, development, or other authorized purposes.
Requires that payments under such Act shall be deposited into the Alaska Native Fund on the first day of the fiscal year for which the monies are appropriated and shall be distributed at the end of the first quarter of the fiscal year.
Allows the State or a Native Corporation to relinquish its rights in a valid selection of land which is partly within the boundary of a conservation system unit and to select an equal acreage of other lands which are available for such purpose.
Validates the roll prepared by the Secretary of the Interior confirming the status of the Native members of Tanalian Incorporated as shareholders at large within the Bristol Bay Region. Entitles such Corporation, if certified as a group, to make certain land selections.
Directs the Secretary to negotiate with specified Native corporations for boundaries and prices of certain areas of the Pribilof Islands group to be included in the Alaska Maritime National Wildlife Refuge. Lists specified lands of:
(1) NANA Regional Corporation, Incorporated, or Cook Inlet Region, Incorporated, the Ahtna Regional Corporation, and the Bering Straits Regional Corporation to be withdrawn for selection; and
(2) Doyon, Limited a Regional Corporation, to be exchanged for lands relinquished.
Requires that the Hodzana River area be managed as a study area by the Fish and Wildlife Service in cooperation with Doyon, Limited. Requires that the United States convey to the State of Alaska all right, title, and interest of the United States in specified lands.
Lists lands previously selected by Doyon, Limited, which such corporation may identify in partial satisfaction of its entitlement under such Act. Provides for the settlement of certain claims and litigation:
(1) to consolidate the ownership of specified lands among the United States, the State of Alaska, the Municipality of Anchorage, Eklutna, Incorporated, and Cook Inlet Region, Incorporated; and
(2) to implement such Act under the unique circumstances of the Native Village of Eklutna. Directs the Secretary to convey:
(1) the surface and subsurface estates of specified lands on Afognak Island to Koniag, Incorporated; and
(2) public lands selected by the Regional Corporation for the Chugach region from certain lands within the Chugach National Forest. Directs the Secretary of the Interior, the Secretary of Agriculture, and the Alaska Land Use Council, in conjunction with Chugach Natives, Incorporated, and the State of Alaska, if the State chooses to participate, to study the land ownership and use patterns in the Chugach region.
Requires that such study shall be completed and that the President shall report to the Congress within one year of the date of enactment of this Act. Declares that any lands within the exterior boundaries of a conservation system unit or a national forest previously selected by Chugach Natives, Incorporated, but relinquished by Chugach Natives, Incorporated, shall, upon receipt of any such relinquishment, become a part of the unit and be administered accordingly.
Permits, prior to the enactment of new legislation to implement the recommendations of such study, Chugach Natives, Incorporated, to notify the Secretary of its desire to receive conveyance of lands previously selected.
Maintains the power of the Secretary to adjudicate such selections and to convey those lands properly selected.
Authorizes the Secretary to accept from the Arctic Slope Regional Corporation a relinquishment of all right, title, and interest of such Corporation in specified Alaskan lands.
Authorizes the Secretary to convey to the Artic Slope Regional Corporation all right, title, and interest of the United States in specified lands, including lands selected or identified for selection pursuant to the Alaska Native Claims Settelement Act to the extent such lands lie outside the boundaries of the National Petroleum Reserve in Alaska. Provides for specified land acquisitions, exchanges, and transfers.
Directs the Secretary to make specified conveyances of land pursuant to the Cook Inlet Village Settlement. Withdraws specified lands in the Bristol Bay Native Corporation Lands from selection pursuant to the provisions of the Alaska Native Claims Settlement Act. Allows the Corporation to select, within 180 days, lands withdrawn pursuant to this section.
Directs the Secretary to convey to the Bristol Bay Native Corporation the surface and subsurface estate of the acreage selected.
Directs the Secretary to convey to Shee Atika, Incorporated, and the SEAlaska Corporation lands comprising Charcoal and Alice Islands. Requires Shee Atika, Incorporated, to relinquish land of equal acreage selected by or conveyed to it.
Authorizes the Cook Inlet Region, Incorporated, to bid for surplus property in accordance with existing General Services Administration regulations.
Sets forth procedures for such bidding on surplus property.
Withdraws specified lands, upon the filing of a valid relinquishment by the State of Alaska of its selections of such lands, subject to valid existing rights for a period of one year for selection by the Inalik Native Corporation. =
Title XV - National Need Mineral Activity Recommendation Process=
Allows the President to make recommendations to the Congress that mineral exploration, development, or extraction not permitted by this Act or other applicable law shall be permitted 90 days after notice of such recommendations has been published in the Federal Register. Requires that a report containing specified information be submitted to Congress together with such recommendations.
States that any such recommendation shall take effect only upon enactment of a joint resolution within 120 calendar days of continuous session of Congress beginning on the date after the date of receipt by the Senate and House of Representatives of the recommendation.
Excludes lands within the National Park System and the Arctic National Wildlife Range from such process.
Sets forth congressional procedures with respect to such Presidential recommendation.

House Republican Conference Summary

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