US (United States) Code. Title 16. Chapter 51: Alaska National Interest Lands

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS

CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

.

-HEAD-

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

3101. Congressional statement of purpose.

(a) Establishment of units.

(b) Preservation and protection of scenic,

geological, etc., values.

(c) Subsistence way of life for rural residents.

(d) Need for future legislation obviated.

3102. Definitions.

3103. Maps.

(a) Filing and availability for inspection;

discrepancies; coastal areas.

(b) Changes in land management status; publication in

Federal Register; filing; clerical errors;

boundary features and adjustments.

(c) Lands included within unit; acquisition of land

by Secretary.

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

3111. Congressional declaration of findings.

3112. Congressional statement of policy.

3113. Definitions.

3114. Preference for subsistence uses.

3115. Local and regional participation.

(a) Establishment of subsistence resources regions,

local advisory committees, and regional

advisory councils; membership, duties, and

authority of regional advisory councils.

(b) Assignment of staff and distribution of data.

(c) Consideration of reports and recommendations of

regional advisory councils.

(d) Supersedure by enactment and implementation of

State laws governing State responsibility;

consideration of recommendations by State

rulemaking authority.

(e) Reimbursement to State; limitation; report to

Congress.

3116. Federal monitoring; reports to State and Congressional

committees.

3117. Judicial enforcement.

(a) Exhaustion of administrative remedies; civil

action; parties; preliminary injunctive relief;

other relief; costs and attorney's fees.

(b) Repealed.

(c) Section as sole Federal judicial remedy.

3118. Park and park monument subsistence resource commissions.

(a) Appointment of members; development of

subsistence hunting program; annual review of

program.

(b) Implementation of subsistence hunting program.

(c) Subsistence uses prior to implementation of

subsistence hunting program.

3119. Cooperative agreements.

3120. Subsistence and land use decisions.

(a) Factors considered; requirements.

(b) Environmental impact statement.

(c) State or Native Corporation land selections and

conveyances.

(d) Management or disposal of lands.

3121. Rural residents engaged in subsistence uses.

(a) Access to subsistence resources.

(b) Use of snowmobiles, motorboats, or other means of

surface transportation.

3122. Research.

3123. Periodic reports.

3124. Regulations.

3125. Limitations and savings clauses.

3126. Closure to subsistence uses.

(a) National parks and park monuments in Alaska;

authorization of subsistence uses and sport

fishing.

(b) Closure for public safety, administration, or the

continued viability of fish and wildlife

population.

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

3141. Overall study program.

(a) Area designated.

(b) Purposes.

(c) Findings.

(d) Consultations; opportunity for public review and

comment.

(e) Report to President and Congress; annual report

to Congress.

(f) Selection and conveyance of land by State and

Natives unaffected.

3142. Arctic National Wildlife Refuge coastal plain resource

assessment.

(a) Purpose.

(b) Definitions.

(c) Baseline study.

(d) Guidelines.

(e) Exploration plans.

(f) Modification to exploration plans.

(g) Civil penalties.

(h) Report to Congress.

(i) Effect of other laws.

3143. Production of oil and gas from Arctic National Wildlife

Refuge prohibited.

3144. Wilderness portion of study.

(a) Suitability of lands for preservation as

wilderness; report to President.

(b) Presidential recommendations to Congress.

(c) Preservation of wilderness character and

potential.

3145. Wildlife resources portion of study and impact of potential

oil spills in Arctic Ocean.

(a) Wildlife resources.

(b) Oil spills.

(c) Treaty negotiations.

(d) Report to Congress.

3146. Transportation alternatives portion of study.

3147. Arctic research study.

(a) Mission, facilities, and administration of Naval

Arctic Research Laboratory.

(b) Assessment of future uses of NARL.

(c) Recommendations.

(d) Consultations; opportunity for public review and

comment.

(e) Submission of study to Congress.

(f) Continuation of level of funding for NARL.

3148. Oil and gas leasing program for non-North Slope Federal

lands.

(a) Establishment; restrictions.

(b) Study of oil and gas potential and impact of

development and production; permits;

consultations; State studies.

(c) Repealed.

(d) Issuance of leases; competitive bidding.

(e) Repealed.

(f) Exploration plan.

(g) Development and production plan.

(h) Revised development and production plan.

(i) Suspension and cancellation of lease.

3149. Oil and gas lease applications.

(a) Lands within National Wildlife Refuge System but

not part of National Wilderness Preservation

System.

(b) Statement of reasons for decision to issue or not

to issue lease.

(c) Environmental impact statement.

3150. Alaska mineral resource assessment program.

(a) Mineral assessments.

(b) Regulations.

3151. Omitted.

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

3161. Congressional declaration of findings.

3162. Definitions.

3163. Effect on other laws.

3164. Procedural requirements.

(a) In general.

(b) Consolidated applications.

(c) Filing.

(d) Agency notice.

(e) Environmental impact statement.

(f) Other views.

(g) Agency decision.

3165. Standards for granting certain authorizations.

3166. Agency, Presidential, and Congressional actions.

(a) Agency action in cases other than those involving

section 3165 or wilderness areas.

(b) Agency action in cases involving section 3165 or

wilderness areas.

(c) Congressional approval.

3167. Rights-of-way terms and conditions.

(a) Terms and conditions.

(b) Wild and Scenic Rivers System.

(c) Pipeline rights-of-way.

3168. Injunctive relief.

3169. Valid existing right of access.

3170. Special access and access to inholdings.

(a) Use of snowmachines, motorboats, airplanes,

nonmotorized surface transportation, etc. for

traditional activities and for travel.

(b) Right of access to State or private owner or

occupier.

3171. Temporary access.

(a) In general.

(b) Stipulations and conditions.

3172. North Slope Haul Road.

(a) In general.

(b) Release.

(c) Application of section.

3173. Stikine River region; Presidential study and report to

Congress.

SUBCHAPTER V - FEDERAL-STATE COOPERATION

3181. Alaska Land Use Council.

(a) Establishment.

(b) Cochairmen.

(c) Members.

(d) State decision not to participate.

(e) Compensation and expenses.

(f) Administrative authority.

(g) Meetings; authorities; reports.

(h) Rules.

(i) Functions of the Council.

(j) Cooperative planning.

(k) Nonacceptance of Council recommendations.

(l) Termination.

(m) Public participation.

3182. Federal Coordination Committee.

3183. Bristol Bay Cooperative Region.

(a) Definitions.

(b) Purpose.

(c) Federal-State cooperation in preparation of

plans.

(d) Action by Secretary if State does not participate

in plan.

(e) Taking effect of plan.

(f) Transitional provisions.

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

3191. Management plans.

(a) Development; transmittal to Congressional

committees.

(b) National Park service plan requirements.

(c) Consideration of factors.

(d) Hearing and participation.

3192. Land acquisition authority.

(a) General authority.

(b) Restrictions.

(c) Exchanges.

(d) Improved property.

(e) Retained rights.

(f) ''Improved property'' defined.

(g) Consideration of hardship.

(h) Exchange authority.

(i) Donation or exchange.

3192a. Restrictions on use of appropriated funds.

3193. Use of cabins and other sites of occupancy on conservation

system units.

(a) Improved property on National Park System lands.

(b) Improved property on other units or areas

established or expanded by this Act.

(c) Permits to be renewed for life of claimant and

immediate family.

(d) Existing cabin leases or permits.

3194. Archeological and paleontological sites.

3195. Cooperative information and education centers.

3196. Administrative sites and visitor facilities.

(a) Establishment.

(b) Authorities of Secretary.

3197. Revenue-producing visitor services.

(a) Continuation of existing visitor services.

(b) Preference.

(c) ''Visitor service'' defined.

3198. Local hire.

(a) Program.

(b) Preference eligibles within local hire.

(c) Reports.

3199. Navigation aids and other facilities.

(a) Existing facilities.

(b) New facilities.

3200. Denali Scenic Highway study.

(a) Withdrawal.

(b) Study.

(c) Cooperation notice: hearings.

(d) Report.

(e) Period of withdrawal.

3201. Administration of national preserves.

3202. Taking of fish and wildlife.

(a) Responsibility and authority of State of Alaska.

(b) Responsibility and authority of Secretary.

(c) Areas controlled; areas closed, exceptions.

3203. Wilderness management.

(a) Application only to Alaska.

(b) Aquaculture.

(c) Existing cabins.

(d) New cabins.

(e) Timber contracts.

(f) Beach log salvage.

3204. Allowed uses.

(a) Establishment and use of new facilities.

(b) Denial of proposed use or establishment.

3205. General wilderness review.

(a) Suitability of lands for preservation; report to

President.

(b) Presidential recommendations to Congress.

(c) Administration of units unaffected pending

Congressional action.

3206. Statewide cultural assistance program.

3207. Effect on existing rights; water resources.

3208. Authorization of appropriations; contract authority.

3209. Effect on prior withdrawals.

(a) Rescission of prior reservations and withdrawals;

management by Secretary and Secretary of

Agriculture of lands outside boundaries

established by this Act.

(b) Effective date.

3210. Access by owner to nonfederally owned land.

(a) Reasonable use and enjoyment of land within

boundaries of National Forest System.

(b) Reasonable use and enjoyment of land surrounded

by public lands managed by Secretary.

3211. Yukon Flats National Wildlife Refuge agricultural use.

3212. Terror Lake Hydroelectric Project in Kodiak National Wildlife

Refuge.

3213. Future executive branch actions.

3214. Alaska gas pipeline.

3215. Public land entries in Alaska.

(a) Application approval; adjudication; protests;

voluntary relinquishment of application.

(b) Amendment of land description in application.

(c) Powersites and power-projects.

(d) Validity of existing rights; rights acquired by

actual use and national forest lands

unaffected.

SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION

PROCESS

3231. Areas subject to national need recommendation process.

3232. Recommendations of President to Congress.

(a) Recommendation.

(b) Findings.

(c) Report.

(d) Approval.

(e) One-hundred-and-twenty-day computation.

3233. Expedited Congressional review.

(a) Rulemaking.

(b) Resolution.

(c) Referral.

(d) Other procedures.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 668dd of this title.

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16 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER I - GENERAL PROVISIONS

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SUBCHAPTER I - GENERAL PROVISIONS

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16 USC Sec. 3101 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3101. Congressional statement of purpose

-STATUTE-

(a) Establishment of units

In order 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, archeological, geological, scientific,

wilderness, cultural, recreational, and wildlife values, the units

described in the following titles are hereby established.

(b) Preservation and protection of scenic, geological, etc., values

It is the intent of Congress in this Act to preserve unrivaled

scenic and geological values associated with natural landscapes; to

provide for the maintenance of sound populations of, and habitat

for, wildlife species of inestimable value to the citizens of

Alaska and the Nation, including those species dependent on vast

relatively undeveloped areas; to preserve in their natural state

extensive unaltered arctic tundra, boreal forest, and coastal

rainforest ecosystems; to protect the resources related to

subsistence needs; to protect and preserve historic and

archeological sites, rivers, and lands, and to preserve wilderness

resource values and related recreational opportunities including

but not limited to hiking, canoeing, fishing, and sport hunting,

within large arctic and subarctic wildlands and on freeflowing

rivers; and to maintain opportunities for scientific research and

undisturbed ecosystems.

(c) Subsistence way of life for rural residents

It is further the intent and purpose of this Act consistent with

management of fish and wildlife in accordance with recognized

scientific principles and the purposes for which each conservation

system unit is established, designated, or expanded by or pursuant

to this Act, to provide the opportunity for rural residents engaged

in a subsistence way of life to continue to do so.

(d) Need for future legislation obviated

This Act provides sufficient protection for the national interest

in the scenic, natural, cultural and environmental values on the

public lands in Alaska, and at the same time provides adequate

opportunity for satisfaction of the economic and social needs of

the State of Alaska and its people; accordingly, the designation

and disposition of the public lands in Alaska pursuant to this Act

are found to represent a proper balance between the reservation of

national conservation system units and those public lands necessary

and appropriate for more intensive use and disposition, and thus

Congress believes that the need for future legislation designating

new conservation system units, new national conservation areas, or

new national recreation areas, has been obviated thereby.

-SOURCE-

(Pub. L. 96-487, title I, Sec. 101, Dec. 2, 1980, 94 Stat. 2374.)

-REFTEXT-

REFERENCES IN TEXT

The following titles, referred to in subsec. (a), mean titles II

to XV of Pub. L. 96-487, Dec. 2, 1980, Sec. 201-1503, 94 Stat.

2377-2551. For complete classification of these titles to the Code,

see Tables.

This Act, referred to in subsecs. (b) to (d), is Pub. L. 96-487,

Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska

National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 96-487 provided that: ''This Act (enacting

this chapter, sections 410hh to 410hh-5, 460mm to 460mm-4, 539 to

539e, and 1285b of this title, and sections 1631 to 1641 and 1784

of Title 43, Public Lands, amending sections 410bb, 1274, 1276,

1279, and 1280 of this title and sections 1602, 1606, 1607, 1611,

1613, 1614, 1620, and 1621 of Title 43, enacting provisions set out

as notes under this section and sections 431, 668dd, 1132, 1274,

and 3145 of this title and sections 1605, 1613, and 1618 of Title

43, and amending provisions set out as notes under sections 1611

and 1613 of Title 43 and preceding section 21 of Title 48,

Territories and Insular Possessions) may be cited as the 'Alaska

National Interest Lands Conservation Act'.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Alaska National Interest Lands Conservation Act is referred

to in sections 1248, 3911 of this title; title 43 sections 1614,

1617, 1620, 1621, 1629a; title 45 section 1212.

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16 USC Sec. 3102 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3102. Definitions

-STATUTE-

As used in this Act (except that in titles IX and XIV the

following terms shall have the same meaning as they have in the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and

the Alaska Statehood Act) -

(1) The term ''land'' means lands, waters, and interests

therein.

(2) The term ''Federal land'' means lands the title to which is

in the United States after December 2, 1980.

(3) The term ''public lands'' means land situated in Alaska

which, after December 2, 1980, are Federal lands, except -

(A) land selections of the State of Alaska which have been

tentatively approved or validly selected under the Alaska

Statehood Act and lands which have been confirmed to, validly

selected by, or granted to the Territory of Alaska or the State

under any other provision of Federal law;

(B) land selections of a Native Corporation made under the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)

which have not been conveyed to a Native Corporation, unless

any such selection is determined to be invalid or is

relinquished; and

(C) lands referred to in section 19(b) of the Alaska Native

Claims Settlement Act (43 U.S.C. 1618(b)).

(4) The term ''conservation system unit'' means any unit in

Alaska of the National Park System, National Wildlife Refuge

System, National Wild and Scenic Rivers Systems, National Trails

System, National Wilderness Preservation System, or a National

Forest Monument including existing units, units established,

designated, or expanded by or under the provisions of this Act,

additions to such units, and any such unit established,

designated, or expanded hereafter.

(5) The term ''Alaska Native Claims Settlement Act'', means

''An Act to provide for the settlement of certain land claims of

Alaska Natives, and for other purposes'', approved December 18,

1971 (85 Stat. 688), as amended (43 U.S.C. 1601 et seq.).

(6) The term ''Native Corporation'' means any Regional

Corporation, any Village Corporation, any Urban Corporation, and

any Native Group.

(7) The term ''Regional Corporation'' has the same meaning as

such term has under section 3(g) of the Alaska Native Claims

Settlement Act (43 U.S.C. 1602(g)).

(8) The term ''Village Corporation'' has the same meaning as

such term has under section 3(j) of the Alaska Native Claims

Settlement Act (43 U.S.C. 1602(j)).

(9) The term ''Urban Corporation'' means those Native entities

which have incorporated pursuant to section 14(h)(3) of the

Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(3)).

(10) The term ''Native Group'' has the same meaning as such

term has under sections 3(d) and 14(h)(2) of the Alaska Native

Claims Settlement Act (43 U.S.C. 1602(d) and 1613(h)(2)).

(11) The term ''Native land'' means land owned by a Native

Corporation or any Native Group and includes land which, as of

December 2, 1980, had been selected under the Alaska Native

Claims Settlement Act (43 U.S.C. 1601 et seq.) by a Native

Corporation or Native Group and had not been conveyed by the

Secretary (except to the extent such selection is determined to

be invalid or has been relinquished) and land referred to in

section 19(b) of the Alaska Native Claims Settlement Act (43

U.S.C. 1618(b)).

(12) The term ''Secretary'' means the Secretary of the

Interior, except that when such term is used with respect to any

unit of the National Forest System, such term means the Secretary

of Agriculture.

(13) The terms ''wilderness'' and ''National Wilderness

Preservation System'' have the same meaning as when used in the

Wilderness Act (78 Stat. 890) (16 U.S.C. 1131 et seq.).

(14) The term ''Alaska Statehood Act'' means the Act entitled

''An Act to provide for the admission of the State of Alaska into

the Union'', approved July 7, 1958 (72 Stat. 339), as amended.

(15) The term ''State'' means the state of Alaska.

(16) The term ''Alaska Native'' or ''Native'' has the same

meaning as the term ''Native'' has in section 3(b) of the Alaska

Native Claims Settlement Act (43 U.S.C. 1602(b)).

(17) The term ''fish and wildlife'' means any member of the

animal kingdom, including without limitation any mammal, fish,

bird (including any migratory, nonmigratory or endangered bird

for which protection is also afforded by treaty or other

international agreement), amphibian, reptile, mollusk,

crustacean, arthropod or other invertebrate, and includes any

part, product, egg, or offspring thereof, or the dead body or

part thereof.

(18) The term ''take'' or ''taking'' as used with respect to

fish or wildlife, means to pursue, hunt, shoot, trap, net

capture, collect, kill, harm, or attempt to engage in any such

conduct.

-SOURCE-

(Pub. L. 96-487, title I, Sec. 102, Dec. 2, 1980, 94 Stat. 2375;

Pub. L. 105-83, title III, Sec. 316(b)(2), (d), Nov. 14, 1997, 111

Stat. 1592, 1595.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in provision preceding par. (1) and in par.

(4), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended,

known as the Alaska National Interest Lands Conservation Act. Title

IX of this Act enacted sections 1631 to 1638 of Title 43, Public

Lands, amended sections 1614 and 1620 of Title 43, and amended

provisions set out as notes under section 1611 of Title 43 and

preceding section 21 of Title 48, Territories and Insular

Possessions. Title XIV of this Act enacted sections 1639 to 1641 of

Title 43, amended sections 1602, 1606, 1607, 1611, 1613, 1620, and

1621 of Title 43, enacted provisions set out as notes under

sections 1605, 1613, and 1618 of Title 43, and amended provisions

set out as notes under sections 1611 and 1613 of Title 43. For

complete classification of this Act to the Code, see Short Title

note set out under section 3101 of this title and Tables.

The Alaska Native Claims Settlement Act, referred to in provision

preceding par. (1) and in pars. (3)(B), (C)(5), and (11), is Pub.

L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,

Public Lands. For complete classification of this Act to the Code,

see Short Title note set out under section 1601 of Title 43 and

Tables.

The Alaska Statehood Act, referred to in provision preceding par.

(1) and in pars. (3)(A) and (14), is Pub. L. 85-508, July 7, 1958,

72 Stat. 339, as amended, which is set out as a note preceding

section 21 of Title 48, Territories and Insular Possessions. For

complete classification of this Act to the Code, see Tables.

The Wilderness Act, referred to in par. (13), is Pub. L. 88-577,

Sept. 3, 1964, 78 Stat. 890, as amended, which is classified

generally to chapter 23 (Sec. 1131 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1131 of this title and Tables.

-MISC2-

AMENDMENTS

1997 - Par. (2). Pub. L. 105-83, Sec. 316(b)(2), which directed

the amendment of par. (2) generally, to read as follows: ''The term

'Federal land' means lands the title to which is in the United

States after December 2, 1980. 'Federal land' does not include

lands the title to which is in the State, an Alaska Native

corporation, or other private ownership.'', was repealed by Pub. L.

105-83, Sec. 316(d). See Effective and Termination Dates of 1997

Amendment note below.

EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT

Section 316(d) of Pub. L. 105-83 provided that: ''Unless and

until laws are adopted in the State of Alaska which provide for the

definition, preference, and participation specified in sections

803, 804, and 805 (sections 3113 to 3115 of this title) of the

Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et

seq.), the amendments made by subsection (b) of this section

(amending this section and sections 3111, 3113 to 3115, 3117, 3124,

and 3125 of this title) shall be effective only for the purposes of

determining whether the State's laws provide for such definition,

preference, and participation. The Secretary shall certify before

December 1, 1998 if such laws have been adopted in the State of

Alaska. Subsection (b) shall be repealed on such date if such laws

have not been adopted.'' (The State of Alaska did not adopt laws

specified above by Dec. 1, 1998.)

SAVINGS CLAUSE

Section 316(c) of Pub. L. 105-83 provided that: ''No provision of

this section (amending this section and sections 3111, 3113 to

3115, 3117, 3124, and 3125 of this title and enacting provisions

set out as notes under this section), amendment made by this

section, or exercise of authority pursuant to this section may be

construed to validate, invalidate, or in any way affect -

''(1) any assertion that an Alaska Native organization

(including a federally recognized tribe, traditional Alaska

Native council, or Alaska Native council organized pursuant to

the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as amended) has

or does not have governmental authority over lands (including

management of, or regulation of the taking of, fish and wildlife)

or persons within the boundaries of the State of Alaska;

''(2) any assertion that Indian country, as defined in section

1151 of title 18, United States Code, exists or does not exist

within the boundaries of the State of Alaska;

''(3) any assertion that the Alaska National Interest Lands

Conservation Act, as amended (16 U.S.C. 3101 et seq.) is or is

not Indian law; or

''(4) the authority of the Secretary of the Interior under

section 1314(c) of the Alaska National Interest Lands

Conservation Act (16 U.S.C. 3202(c)).''

MORATORIUM ON FEDERAL MANAGEMENT OF SUBSISTENCE USES IN ALASKA

Pub. L. 105-277, div. A, Sec. 101(e) (title III, Sec. 339), Oct.

21, 1998, 112 Stat. 2681-231, 2681-295, provided that:

(''(a) Repealed. Pub. L. 105-277, div. A, Sec. 101(e) (title

III, Sec. 339(b)(2)), Oct. 21, 1998, 112 Stat. 2681-231, 2681-295)

''(b) Subsection (a) Repealed. -

''(1) The Secretary of the Interior shall certify before

October 1, 1999, if a bill or resolution has been passed by the

Alaska State Legislature to amend the Constitution of the State

of Alaska that, if approved by the electorate, would enable the

implementation of state laws of general applicability consistent

with, and which provide for the definition, preference, and

participation specified in sections 803, 804, and 805 of the

Alaska National Interest Lands Conservation Act (16 U.S.C. 3113,

3114, 3115).

''(2) Subsection (a) shall be repealed on October 1, 1999,

unless prior to that date the Secretary of the Interior makes

such a certification described in paragraph (1). (A certification

was not made prior to Oct. 1, 1999.)

''(c) Technical Amendments to the Alaska National Interest Lands

Conservation Act. - (Amended section 3115 of this title.)

''(d) Effect on Tidal and Submerged Land. - Nothing in this

section invalidates, validates, or in any other way affects any

claim of the State of Alaska to title to any tidal or submerged

land in Alaska.''

Section 316(a) of Pub. L. 105-83 provided that: ''None of the

funds made available to the Department of the Interior or the

Department of Agriculture by this or any other Act hereafter

enacted may be used prior to December 1, 1998 to issue or implement

final regulations, rules, or policies pursuant to title VIII of the

Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et

seq.) to assert jurisdiction, management, or control over the

navigable waters transferred to the State of Alaska pursuant to the

Submerged Lands Act of 1953 (43 U.S.C. 1301 et seq.) or the Alaska

Statehood Act of 1959 (Pub. L. 85-508, set out as a note preceding

section 21 of Title 48, Territories and Insular Possessions).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 823c, 3141 of this title;

title 43 sections 1611, 1732; title 45 section 1202.

-CITE-

16 USC Sec. 3103 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3103. Maps

-STATUTE-

(a) Filing and availability for inspection; discrepancies; coastal

areas

The boundary maps described in this Act shall be on file and

available for public inspection in the office of the Secretary or

the Secretary of Agriculture with regard to the National Forest

System. In the event of discrepancies between the acreages

specified in this Act and those depicted on such maps, the maps

shall be controlling, but the boundaries of areas added to the

National Park, Wildlife Refuge and National Forest System shall, in

coastal areas not extend seaward beyond the mean high tide line to

include lands owned by the State of Alaska unless the State shall

have concurred in such boundary extension and such extension is

accomplished under the notice and reporting requirements of this

Act.

(b) Changes in land management status; publication in Federal

Register; filing; clerical errors; boundary features and

adjustments

As soon as practicable after December 2, 1980, a map and legal

description of each change in land management status effected by

this Act, including the National Wilderness Preservation System,

shall be published in the Federal Register and filed with the

Speaker of the House of Representatives and the President of the

Senate, and each such description shall have the same force and

effect as if included in this Act: Provided, however, That

correction of clerical and typographical errors in each such legal

description and map may be made. Each such map and legal

description shall be on file and available for public inspection in

the office of the Secretary. Whenever possible boundaries shall

follow hydrographic divides or embrace other topographic or natural

features. Following reasonable notice in writing to the Congress

of his intention to do so the Secretary and the Secretary of

Agriculture may make minor adjustments in the boundaries of the

areas added to or established by this Act as units of National

Park, Wildlife Refuge, Wild and Scenic Rivers, National Wilderness

Preservation, and National Forest Systems and as national

conservation areas and national recreation areas. For the purposes

of this subsection, a minor boundary adjustment shall not increase

or decrease the amount of land within any such area by more than

23,000 acres.

(c) Lands included within unit; acquisition of land by Secretary

Only those lands within the boundaries of any conservation system

unit which are public lands (as such term is defined in this Act)

shall be deemed to be included as a portion of such unit. No lands

which, before, on, or after December 2, 1980, are conveyed to the

State, to any Native Corporation, or to any private party shall be

subject to the regulations applicable solely to public lands within

such units. If the State, a Native Corporation, or other owner

desires to convey any such lands, the Secretary may acquire such

lands in accordance with applicable law (including this Act), and

any such lands shall become part of the unit, and be administered

accordingly.

-SOURCE-

(Pub. L. 96-487, title I, Sec. 103, Dec. 2, 1980, 94 Stat. 2376.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-CITE-

16 USC SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

.

-HEAD-

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 410hh, 410hh-1, 3202

of this title.

-CITE-

16 USC Sec. 3111 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3111. Congressional declaration of findings

-STATUTE-

The Congress finds and declares that -

(1) the continuation of the opportunity for subsistence uses by

rural residents of Alaska, including both Natives and

non-Natives, on the public lands and by Alaska Natives on Native

lands is essential to Native physical, economic, traditional, and

cultural existence and to non-Native physical, economic,

traditional, and social existence.

(2) the situation in Alaska is unique in that, in most cases,

no practical alternative means are available to replace the food

supplies and other items gathered from fish and wildlife which

supply rural residents dependent on subsistence uses;

(3) continuation of the opportunity for subsistence uses of

resources on public and other lands in Alaska is threatened by

the increasing population of Alaska, with resultant pressure on

subsistence resources, by sudden decline in the populations of

some wildlife species which are crucial subsistence resources, by

increased accessibility of remote areas containing subsistence

resources, and by taking of fish and wildlife in a manner

inconsistent with recognized principles of fish and wildlife

management;

(4) in order to fulfill the policies and purposes of the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and as a

matter of equity, it is necessary for the Congress to invoke its

constitutional authority over Native affairs and its

constitutional authority under the property clause and the

commerce clause to protect and provide the opportunity for

continued subsistence uses on the public lands by Native and

non-Native rural residents; and

(5) the national interest in the proper regulation, protection,

and conservation of fish and wildlife on the public lands in

Alaska and the continuation of the opportunity for a subsistence

way of life by residents of rural Alaska require that an

administrative structure be established for the purpose of

enabling rural residents who have personal knowledge of local

conditions and requirements to have a meaningful role in the

management of fish and wildlife and of subsistence uses on the

public lands in Alaska.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 801, Dec. 2, 1980, 94 Stat. 2422;

Pub. L. 105-83, title III, Sec. 316(b)(3), (d), Nov. 14, 1997, 111

Stat. 1592, 1595.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (4),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

-MISC2-

AMENDMENTS

1997 - Pub. L. 105-83, Sec. 316(b)(3), which directed the

designation of existing provisions as subsec. (a) and the addition

of subsec. (b) relating to further congressional findings as to

subsistence use of public lands by rural residents of Alaska, was

repealed by Pub. L. 105-83, Sec. 316(d). See Effective and

Termination Dates of 1997 Amendment note below.

EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT

Until laws are adopted in Alaska which provide for definition,

preference, and participation specified in sections 3113 to 3115 of

this title, amendment by Pub. L. 105-83 was effective only for

purpose of determining whether State's laws provide for such

definition, preference, and participation, and such amendment was

repealed on Dec. 1, 1998, because such laws had not been adopted,

see section 316(d) of Pub. L. 105-83 set out as a note under

section 3102 of this title.

-CITE-

16 USC Sec. 3112 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3112. Congressional statement of policy

-STATUTE-

It is hereby declared to be the policy of Congress that -

(1) consistent with sound management principles, and the

conservation of healthy populations of fish and wildlife, the

utilization of the public lands in Alaska is to cause the least

adverse impact possible on rural residents who depend upon

subsistence uses of the resources of such lands; consistent with

management of fish and wildlife in accordance with recognized

scientific principles and the purposes for each unit established,

designated, or expanded by or pursuant to titles II through VII

of this Act, the purpose of this subchapter is to provide the

opportunity for rural residents engaged in a subsistence way of

life to do so;

(2) nonwasteful subsistence uses of fish and wildlife and other

renewable resources shall be the priority consumptive uses of all

such resources on the public lands of Alaska when it is necessary

to restrict taking in order to assure the continued viability of

a fish or wildlife population or the continuation of subsistence

uses of such population, the taking of such population for

nonwasteful subsistence uses shall be given preference on the

public lands over other consumptive uses; and

(3) except as otherwise provided by this Act or other Federal

laws, Federal land managing agencies, in managing subsistence

activities on the public lands and in protecting the continued

viability of all wild renewable resources in Alaska, shall

cooperate with adjacent landowners and land managers, including

Native Corporations, appropriate State and Federal agencies, and

other nations.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 802, Dec. 2, 1980, 94 Stat.

2422.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in pars. (1) and (3), is Pub. L. 96-487,

Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska

National Interest Lands Conservation Act. Titles II through VII of

this Act enacted sections 410hh to 410hh-5, 460mm to 460mm-3, 539

to 539e, and 1285b of this title, amended sections 1274, 1276,

1279, and 1280 of this title, and enacted provisions set out as

notes under sections 431, 668dd, 1132, 1274, and 3145 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3101 of this title and

Tables.

-CITE-

16 USC Sec. 3113 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3113. Definitions

-STATUTE-

As used in this Act, the term ''subsistence uses'' means 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; for barter, or sharing for personal or family

consumption; and for customary trade. For the purposes of this

section, the term -

(1) ''family'' means all persons related by blood, marriage, or

adoption, or any person living within the household on a

permanent basis; and

(2) ''barter'' means the exchange of fish or wildlife or their

parts, taken for subsistence uses -

(A) for other fish or game or their parts; or

(B) for other food or for nonedible items other than money if

the exchange is of a limited and noncommercial nature.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 803, Dec. 2, 1980, 94 Stat. 2423;

Pub. L. 105-83, title III, Sec. 316(b)(4), (d), Nov. 14, 1997, 111

Stat. 1593, 1595.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in provision preceding par. (1), is Pub. L.

96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the

Alaska National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

-MISC2-

AMENDMENTS

1997 - Pars. (3) to (5). Pub. L. 105-83, Sec. 316(b)(4), which

directed the addition of pars. (3) to (5) was repealed by Pub. L.

105-83, Sec. 316(d). Pars. (3) to (5) read as follows:

''(3) 'customary and traditional uses' means the noncommercial,

long-term, and consistent taking of, use of, or reliance upon fish

and wildlife in a specific area and the patterns and practices of

taking or use of that fish and wildlife that have been established

over a reasonable period of time, taking into consideration the

availability of the fish and wildlife;

''(4) 'customary trade' means, except for money sales of furs and

furbearers, the limited noncommercial exchange for money of fish

and wildlife or their parts in minimal quantities; and

''(5) 'rural Alaska resident' means a resident of a rural

community or area. A 'rural community or area' means a community

or area substantially dependent on fish and wildlife for

nutritional and other subsistence uses.'' See Effective and

Termination Dates of 1997 Amendment note below.

EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT

Until laws are adopted in Alaska which provide for definition,

preference, and participation specified in sections 3113 to 3115 of

this title, amendment by Pub. L. 105-83 was effective only for

purpose of determining whether State's laws provide for such

definition, preference, and participation, and such amendment was

repealed on Dec. 1, 1998, because such laws had not been adopted,

see section 316(d) of Pub. L. 105-83 set out as a note under

section 3102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3115 of this title; title

43 sections 1629b, 1629d.

-CITE-

16 USC Sec. 3114 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3114. Preference for subsistence uses

-STATUTE-

Except as otherwise provided in this Act and other Federal laws,

the taking on public lands of fish and wildlife for nonwasteful

subsistence uses shall be accorded priority over the taking on such

lands of fish and wildlife for other purposes. Whenever it is

necessary to restrict the taking of populations of fish and

wildlife on such lands for subsistence uses in order to protect the

continued viability of such populations, or to continue such uses,

such priority shall be implemented through appropriate limitations

based on the application of the following criteria:

(1) customary and direct dependence upon the populations as the

mainstay of livelihood;

(2) local residency; and

(3) the availability of alternative resources.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 804, Dec. 2, 1980, 94 Stat. 2423;

Pub. L. 105-83, title III, Sec. 316(b)(5), (d), Nov. 14, 1997, 111

Stat. 1593, 1595.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-MISC2-

AMENDMENTS

1997 - Pub. L. 105-83, Sec. 316(b)(5), which directed the

designation of existing provisions as subsec. (a) and the addition

of subsec. (b) reading as follows: ''The priority granted by this

section is for a reasonable opportunity to take fish and wildlife.

For the purposes of this subsection, the term 'reasonable

opportunity' means an opportunity, consistent with customary and

traditional uses (as defined in section 3113(3) of this title), to

participate in a subsistence hunt or fishery with a reasonable

expectation of success, and does not mean a guarantee that fish and

wildlife will be taken.'' was repealed by Pub. L. 105-83, Sec.

316(d). See Effective and Termination Dates of 1997 Amendment note

below.

EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT

Until laws are adopted in Alaska which provide for definition,

preference, and participation specified in sections 3113 to 3115 of

this title, amendment by Pub. L. 105-83 was effective only for

purpose of determining whether State's laws provide for such

definition, preference, and participation, and such amendment was

repealed on Dec. 1, 1998, because such laws had not been adopted,

see section 316(d) of Pub. L. 105-83 set out as a note under

section 3102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3115, 3116, 3117 of this

title.

-CITE-

16 USC Sec. 3115 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3115. Local and regional participation

-STATUTE-

(a) Establishment of subsistence resources regions, local advisory

committees, and regional advisory councils; membership, duties,

and authority of regional advisory councils

Except as otherwise provided in subsection (d) of this section,

the Secretary in consultation with the State shall establish -

(1) at least six Alaska subsistence resource regions which,

taken together, include all public lands. The number and

boundaries of the regions shall be sufficient to assure that

regional differences in subsistence uses are adequately

accommodated;

(2) such local advisory committees within each region as he

finds necessary at such time as he may determine, after notice

and hearing, that the existing State fish and game advisory

committees do not adequately perform the functions of the local

committee system set forth in paragraph (3)(D)(iv) of this

subsection; and

(3) a regional advisory council in each subsistence resource

region.

Each regional advisory council shall be composed of residents of

the region and shall have the following authority:

(A) the review and evaluation of proposals for regulations,

policies, management plans, and other matters relating to

subsistence uses of fish and wildlife within the region;

(B) the provision of a forum for the expression of opinions and

recommendations by persons interested in any matter related to

subsistence uses of fish and wildlife within the region;

(C) the encouragement of local and regional participation

pursuant to the provisions of this subchapter in the

decisionmaking process affecting the taking of fish and wildlife

on the public lands within the region for subsistence uses;

(D) the preparation of an annual report to the Secretary which

shall contain -

(i) an identification of current and anticipated subsistence

uses of fish and wildlife populations within the region;

(ii) an evaluation of current and anticipated subsistence

needs for fish and wildlife populations within the region;

(iii) a recommended strategy for the management of fish and

wildlife populations within the region to accommodate such

subsistence uses and needs; and

(iv) recommendations concerning policies, standards,

guidelines, and regulations to implement the strategy. The

State fish and game advisory committees or such local advisory

committees as the Secretary may establish pursuant to paragraph

(2) of this subsection may provide advice to, and assist, the

regional advisory councils in carrying out the functions set

forth in this paragraph.

(b) Assignment of staff and distribution of data

The Secretary shall assign adequate qualified staff to the

regional advisory councils and make timely distribution of all

available relevant technical and scientific support data to the

regional advisory councils and the State fish and game advisory

committees or such local advisory committees as the Secretary may

establish pursuant to paragraph (2) of subsection (a) of this

section.

(c) Consideration of reports and recommendations of regional

advisory councils

The Secretary, in performing his monitoring responsibility

pursuant to section 3116 of this title and in the exercise of his

closure and other administrative authority over the public lands,

shall consider the report and recommendations of the regional

advisory councils concerning the taking of fish and wildlife on the

public lands within their respective regions for subsistence uses.

The Secretary may choose not to follow any recommendation which he

determines is not supported by substantial evidence, violates

recognized principles of fish and wildlife conservation, or would

be detrimental to the satisfaction of subsistence needs. If a

recommendation is not adopted by the Secretary, he shall set forth

the factual basis and the reasons for his decision.

(d) Supersedure by enactment and implementation of State laws

governing State responsibility; consideration of

recommendations by State rulemaking authority

The Secretary shall not implement subsections (a), (b), and (c)

of this section if the State enacts and implements laws of general

applicability which are consistent with, and which provide for the

definition, preference, and participation specified in, sections

3113, 3114, and 3115 of this title, such laws, unless and until

repealed, shall supersede such sections insofar as such sections

govern State responsibility pursuant to this subchapter for the

taking of fish and wildlife on the public lands for subsistence

uses. Laws establishing a system of local advisory committees and

regional advisory councils consistent with this section shall

provide that the State rulemaking authority shall consider the

advice and recommendations of the regional councils concerning the

taking of fish and wildlife populations on public lands within

their respective regions for subsistence uses. The regional

councils may present recommendations, and the evidence upon which

such recommendations are based, to the State rulemaking authority

during the course of the administrative proceedings of such

authority. The State rulemaking authority may choose not to follow

any recommendation which it determines is not supported by

substantial evidence presented during the course of its

administrative proceedings, violates recognized principles of fish

and wildlife conservation or would be detrimental to the

satisfaction of rural subsistence needs. If a recommendation is

not adopted by the State rulemaking authority, such authority shall

set forth the factual basis and the reasons for its decision.

(e) Reimbursement to State; limitation; report to Congress

(1) The Secretary shall reimburse the State, from funds

appropriated to the Department of the Interior for such purposes,

for reasonable costs relating to the establishment and operation of

the regional advisory councils established by the State in

accordance with subsection (d) of this section and the operation of

the State fish and game advisory committees so long as such

committees are not superseded by the Secretary pursuant to

paragraph (2) of subsection (a) of this section. Such

reimbursement may not exceed 50 per centum of such costs in any

fiscal year. Such costs shall be verified in a statement which the

Secretary determines to be adequate and accurate. Sums paid under

this subsection shall be in addition to any grants, payments, or

other sums to which the State is entitled from appropriations to

the Department of the Interior.

(2) Total payments to the State under this subsection shall not

exceed the sum of $5,000,000 in any one fiscal year. The Secretary

shall advise the Congress at least once in every five years as to

whether or not the maximum payments specified in this subsection

are adequate to ensure the effectiveness of the program established

by the State to provide the preference for subsistence uses of fish

and wildlife set forth in section 3114 of this title.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 805, Dec. 2, 1980, 94 Stat. 2424;

Pub. L. 105-83, title III, Sec. 316(b)(6), (d), Nov. 14, 1997, 111

Stat. 1593, 1595; Pub. L. 105-277, div. A, Sec. 101(e) (title III,

Sec. 339(c)), Oct. 21, 1998, 112 Stat. 2681-231, 2681-296.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(e) (title III, Sec.

339(c)(1)), struck out ''one year after December 2, 1980,'' before

''the Secretary'' in introductory provisions.

Subsec. (d). Pub. L. 105-277, Sec. 101(e) (title III, Sec.

339(c)(2)), struck out ''within one year from December 2, 1980,''

before ''the State enacts'' in first sentence.

1997 - Subsec. (a). Pub. L. 105-83, Sec. 316(b)(6)(A), which

directed the amendment of subsec. (a) by striking out ''one year

after December 2, 1980,'' before ''the Secretary'' in introductory

provisions, was repealed by Pub. L. 105-83, Sec. 316(d). See

Effective and Termination Dates of 1997 Amendment note below.

Subsec. (d). Pub. L. 105-83, Sec. 316(b)(6)(B), which directed

the amendment of subsec. (d) generally to provide for supersedure

by enactment and implementation of State laws governing State

responsibility, consideration of recommendations by State

rulemaking authority, and for the creation of regional advisory

councils, was repealed by Pub. L. 105-83, Sec. 316(d). See

Effective and Termination Dates of 1997 Amendment note below.

EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT

Until laws are adopted in Alaska which provide for definition,

preference, and participation specified in sections 3113 to 3115 of

this title, amendment by Pub. L. 105-83 was effective only for

purpose of determining whether State's laws provide for such

definition, preference, and participation, and such amendment was

repealed on Dec. 1, 1998, because such laws had not been adopted,

see section 316(d) of Pub. L. 105-83 set out as a note under

section 3102 of this title.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3117, 3118, 3120, 3122,

3123 of this title.

-CITE-

16 USC Sec. 3116 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3116. Federal monitoring; reports to State and Congressional

committees

-STATUTE-

The Secretary shall monitor the provisions by the State of the

subsistence preference set forth in section 3114 of this title and

shall advise the State and the Committees on Natural Resources and

on Merchant Marine and Fisheries of the House of Representatives

and the Committees on Energy and Natural Resources and Environment

and Public Works of the Senate annually and at such other times as

he deems necessary of his views on the effectiveness of the

implementation of this subchapter including the State's provision

of such preference, any exercise of his closure or other

administrative authority to protect subsistence resources or uses,

the views of the State, and any recommendations he may have.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 806, Dec. 2, 1980, 94 Stat. 2425;

Pub. L. 103-437, Sec. 6(y), Nov. 2, 1994, 108 Stat. 4587.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''the Committees on Natural

Resources'' for ''Committee on Interior and Insular Affairs''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3115, 3123 of this title.

-CITE-

16 USC Sec. 3117 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3117. Judicial enforcement

-STATUTE-

(a) Exhaustion of administrative remedies; civil action; parties;

preliminary injunctive relief; other relief; costs and

attorney's fees

Local residents and other persons and organizations aggrieved by

a failure of the State or the Federal Government to provide for the

priority for subsistence uses set forth in section 3114 of this

title (or with respect to the State as set forth in a State law of

general applicability if the State has fulfilled the requirements

of section 3115(d) of this title) may, upon exhaustion of any State

of Federal (as appropriate) administrative remedies which may be

available, file a civil action in the United States District Court

for the District of Alaska to require such actions to be taken as

are necessary to provide for the priority. In a civil action filed

against the State, the Secretary may be joined as a party to such

action. The court may grant preliminary injunctive relief in any

civil action if the granting of such relief is appropriate under

the facts upon which the action is based. No order granting

preliminary relief shall be issued until after an opportunity for

hearing. In a civil action filed against the State, the court

shall provide relief, other than preliminary relief, by directing

the State to submit regulations which satisfy the requirements of

section 3114 of this title; when approved by the court, such

regulations shall be incorporated as part of the final judicial

order, and such order shall be valid only for such period of time

as normally provided by State law for the regulations at issued.

Local residents and other persons and organizations who are

prevailing parties in an action filed pursuant to this section

shall be awarded their costs and attorney's fees.

(b) Repealed. Pub. L. 98-620, title IV, Sec. 402(22)(A), Nov. 8,

1984, 98 Stat. 3358

(c) Section as sole Federal judicial remedy

This section is the sole Federal judicial remedy created by this

subchapter for local residents and other residents who, and

organizations which, are aggrieved by a failure of the State to

provide for the priority of subsistence uses set forth in section

3114 of this title.

-SOURCE-

(Pub. L. 96-487, title VII, Sec. 807, Dec. 2, 1980, 94 Stat. 2426;

Pub. L. 98-620, title IV, Sec. 402(22)(A), Nov. 8, 1984, 98 Stat.

3358; Pub. L. 105-83, title III, Sec. 316(b)(7), (d), Nov. 14,

1997, 111 Stat. 1594, 1595.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-83, Sec. 316(b)(7), which

directed amendment of section by adding subsec. (b) reading as

follows: ''State agency actions may be declared invalid by the

court only if they are arbitrary, capricious, or an abuse of

discretion, or otherwise not in accordance with law. When

reviewing any action within the specialized knowledge of a State

agency, the court shall give the decision of the State agency the

same deference it would give the same decision of a comparable

Federal agency.'', was repealed by Pub. L. 105-83, Sec. 316(d). See

Effective and Termination Dates of 1997 Amendments note below.

1984 - Subsec. (b). Pub. L. 98-620 struck out subsec. (b) which

had provided that a civil action filed pursuant to this section was

to be assigned for hearing at the earliest possible date, was to

take precedence over other matters pending on the docket of the

United States district court at that time, and was to be expedited

in every way by such court and any appellate court.

EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT

Until laws are adopted in Alaska which provide for definition,

preference, and participation specified in sections 3113 to 3115 of

this title, amendment by Pub. L. 105-83 was effective only for

purpose of determining whether State's laws provide for such

definition, preference, and participation, and such amendment was

repealed on Dec. 1, 1998, because such laws had not been adopted,

see section 316(d) of Pub. L. 105-83 set out as a note under

section 3102 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

-CITE-

16 USC Sec. 3118 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3118. Park and park monument subsistence resource commissions

-STATUTE-

(a) Appointment of members; development of subsistence hunting

program; annual review of program

Within one year from December 2, 1980, the Secretary and the

Governor shall each appoint three members to a subsistence

resources commission for each national park or park monument within

which subsistence uses are permitted by this Act. The regional

advisory council established pursuant to section 3115 of this title

which has jurisdiction within the area in which the park or park

monument is located shall appoint three members to the commission

each of whom is a member of either the regional advisory council or

a local advisory committee within the region and also engages in

subsistence uses within the park or park monument. Within eighteen

months from December 2, 1980, each commission shall devise and

recommend to the Secretary and the Governor a program for

subsistence hunting within the park or park monument. Such program

shall be prepared using technical information and other pertinent

data assembled or produced by necessary field studies or

investigations conducted jointly or separately by the technical and

administrative personnel of the State and the Department of the

Interior, information submitted by, and after consultation with the

appropriate local advisory committees and regional advisory

councils, and any testimony received in a public hearing or

hearings held by the commission prior to preparation of the plan at

a convenient location or locations in the vicinity of the park or

park monument. Each year thereafter, the commission, after

consultation with the appropriate local committees and regional

councils, considering all relevant data and holding one or more

additional hearings in the vicinity of the park or park monument,

shall make recommendations to the Secretary and the Governor for

any changes in the program or its implementation which the

commission deems necessary.

(b) Implementation of subsistence hunting program

The Secretary shall promptly implement the program and

recommendations submitted to him by each commission unless he finds

in writing that such program or recommendations violates recognized

principles of wildlife conservation, threatens the conservation of

healthy populations of wildlife in the park or park monument is

contrary to the purposes for which the park or park monument is

established, or would be detrimental to the satisfaction of

subsistence needs of local residents. Upon notification by the

Governor, the Secretary shall take no action on a submission of a

commission for sixty days during which period he shall consider any

proposed changes in the program or recommendations submitted by the

commission which the Governor provides him.

(c) Subsistence uses prior to implementation of subsistence hunting

program

Pending the implementation of a program under subsection (a) of

this section, the Secretary shall permit subsistence uses by local

residents in accordance with the provisions of this subchapter and

other applicable Federal and State law.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 808, Dec. 2, 1980, 94 Stat.

2426.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-CITE-

16 USC Sec. 3119 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3119. Cooperative agreements

-STATUTE-

The Secretary may 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 to effectuate

the purposes and policies of this subchapter.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 809, Dec. 2, 1980, 94 Stat.

2427.)

-CITE-

16 USC Sec. 3120 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3120. Subsistence and land use decisions

-STATUTE-

(a) Factors considered; requirements

In determining whether to withdraw, reserve, lease, or otherwise

permit the use, occupancy, or disposition of public lands under any

provision of law authorizing such actions, the head of the Federal

agency having primary jurisdiction over such lands or his designee

shall evaluate the effect of such use, occupancy, or disposition on

subsistence uses and needs, the availability of other lands for the

purposes sought to be achieved, and other alternatives which would

reduce or eliminate the use, occupancy, or disposition of public

lands needed for subsistence purposes. No such withdrawal,

reservation, lease, permit, or other use, occupancy or disposition

of such lands which would significantly restrict subsistence uses

shall be effected until the head of such Federal agency -

(1) gives notice to the appropriate State agency and the

appropriate local committees and regional councils established

pursuant to section 3115 of this title;

(2) gives notice of, and holds, a hearing in the vicinity of

the area involved; and

(3) determines that (A) such a significant restriction of

subsistence uses is necessary, consistent with sound management

principles for the utilization of the public lands, (B) the

proposed activity will involve the minimal amount of public lands

necessary to accomplish the purposes of such use, occupancy, or

other disposition, and (C) reasonable steps will be taken to

minimize adverse impacts upon subsistence uses and resources

resulting from such actions.

(b) Environmental impact statement

If the Secretary is required to prepare an environmental impact

statement pursuant to section 4332(2)(C) of title 42, he shall

provide the notice and hearing and include the findings required by

subsection (a) of this section as part of such environmental impact

statement.

(c) State or Native Corporation land selections and conveyances

Nothing herein shall be construed to prohibit or impair the

ability of the State or any Native Corporation to make land

selections and receive land conveyances pursuant to the Alaska

Statehood Act or the Alaska Native Claims Settlement Act (43 U.S.C.

1601 et seq.).

(d) Management or disposal of lands

After compliance with the procedural requirements of this section

and other applicable law, the head of the appropriate Federal

agency may manage or dispose of public lands under his primary

jurisdiction for any of those uses or purposes authorized by this

Act or other law.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 810, Dec. 2, 1980, 94 Stat.

2427.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Statehood Act, referred to in subsec. (c), is Pub. L.

85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as

a note preceding section 21 of Title 48, Territories and Insular

Possessions. For complete classification of this Act to the Code,

see Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(c), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set our under section 1601 of Title

43 and Tables.

This Act, referred to in subsec. (d), is Pub. L 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 1732.

-CITE-

16 USC Sec. 3121 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3121. Rural residents engaged in subsistence uses

-STATUTE-

(a) Access to subsistence resources

The Secretary shall ensure that rural residents engaged in

subsistence uses shall have reasonable access to subsistence

resources on the public lands.

(b) Use of snowmobiles, motorboats, or other means of surface

transportation

Notwithstanding any other provision of this Act or other law, the

Secretary shall permit on the public lands appropriate use for

subsistence purposes of snowmobiles, motorboats, and other means of

surface transportation traditionally employed for such purposes by

local residents, subject to reasonable regulation.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 811, Dec. 2, 1980, 94 Stat.

2428.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-CITE-

16 USC Sec. 3122 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3122. Research

-STATUTE-

The Secretary, in cooperation with the State and other

appropriate Federal agencies, shall undertake research on fish and

wildlife and subsistence uses on the public lands; seek data from,

consult with the make use of, the special knowledge of local

residents engaged in subsistence uses; and make the results of such

research available to the State, the local and regional councils

established by the Secretary or State pursuant to section 3115 of

this title, and other appropriate persons and organizations.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 812, Dec. 2, 1980, 94 Stat.

2428.)

-CITE-

16 USC Sec. 3123 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3123. Periodic reports

-STATUTE-

Within four years after December 2, 1980, and within every

three-year period thereafter, the Secretary, in consultation with

the Secretary of Agriculture, shall prepare and submit a report to

the President of the Senate and the Speaker of the House of

Representatives on the implementation of this subchapter. The

report shall include -

(1) an evaluation of the results of the monitoring undertaken

by the Secretary as required by section 3116 of this title;

(2) the status of fish and wildlife populations on public lands

that are subject to subsistence uses;

(3) a description of the nature and extent of subsistence uses

and other uses of fish and wildlife on the public lands;

(4) the role of subsistence uses in the economy and culture of

rural Alaska;

(5) comments on the Secretary's report by the State, the local

advisory councils and regional advisory councils established by

the Secretary or the State pursuant to section 3115 of this

title, and other appropriate persons and organizations;

(6) a description of those actions taken, or which may need to

be taken in the future, to permit the opportunity for

continuation of activities relating to subsistence uses on the

public lands; and

(7) such other recommendations the Secretary deems appropriate.

A notice of the report shall be published in the Federal Register

and the report shall be made available to the public.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 813, Dec. 2, 1980, 94 Stat.

2428.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to submitting, within every three-year period, a

report on the implementation of this subchapter to the President of

the Senate and the Speaker of the House of Representatives, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 112 of House

Document No. 103-7.

-CITE-

16 USC Sec. 3124 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3124. Regulations

-STATUTE-

The Secretary shall prescribe such regulations as are necessary

and appropriate to carry out his responsibilities under this

subchapter.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 814, Dec. 2, 1980, 94 Stat. 2429;

Pub. L. 105-83, title III, Sec. 316(b)(8), (d), Nov. 14, 1997, 111

Stat. 1594, 1595.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-83, Sec. 316(b)(8), which directed amendment

of section by inserting '', and the State at any time the State has

complied with section 3115(d) of this title'' after ''The

Secretary'' and inserting at end ''During any time that the State

has complied with section 3115(d) of this title, the Secretary

shall not make or enforce regulations implementing section 3115(a),

(b), or (c) of this title.'', was repealed by Pub. L. 105-83, Sec.

316(d). See Effective and Termination Dates of 1997 Amendment note

below.

EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT

Until laws are adopted in Alaska which provide for definition,

preference, and participation specified in sections 3113 to 3115 of

this title, amendment by Pub. L. 105-83 was effective only for

purpose of determining whether State's laws provide for such

definition, preference, and participation, and such amendment was

repealed on Dec. 1, 1998, because such laws had not been adopted,

see section 316(d) of Pub. L. 105-83 set out as a note under

section 3102 of this title.

-CITE-

16 USC Sec. 3125 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3125. Limitations and savings clauses

-STATUTE-

Nothing in this subchapter shall be construed as -

(1) granting any property right in any fish or wildlife or

other resource of the public lands or as permitting the level of

subsistence uses of fish and wildlife within a conservation

system unit to be inconsistent with the conservation of healthy

populations, and within a national park or monument to be

inconsistent with the conservation of natural and healthy

populations, of fish and wildlife. No privilege which may be

granted by the State to any individual with respect to

subsistence uses may be assigned to any other individual;

(2) permitting any subsistence use of fish and wildlife on any

portion of the public lands (whether or not within any

conservation system unit) which was permanently closed to such

uses on January 1, 1978, or enlarging or diminishing the

Secretary's authority to manipulate habitat on any portion of the

public lands;

(3) authorizing a restriction on the taking of fish and

wildlife for nonsubsistence uses on the public lands (other than

national parks and park monuments) unless necessary for the

conservation of healthy populations of fish and wildlife, for the

reasons set forth in section 3126 of this title, to continue

subsistence uses of such populations, or pursuant to other

applicable law; or

(4) modifying or repealing the provisions of any Federal law

governing the conservation or protection of fish and wildlife,

including the National Wildlife Refuge System Administration Act

of 1966 (80 Stat. 927; 16 U.S.C. 668dd-jj), the National Park

Service Organic Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4), the Fur

Seal Act of 1966 (80 Stat. 1091; 16 U.S.C. 1187) (16 U.S.C. 1151

et seq.), the Endangered Species Act of 1973 (87 Stat. 884; 16

U.S.C. 1531-1543), the Marine Mammal Protection Act of 1972 (86

Stat. 1027; 16 U.S.C. 1361-1407), the Act entitled ''An Act for

the Protection of the Bald Eagle'', approved June 8, 1940 (54

Stat. 250; 16 U.S.C. 742a-754) (16 U.S.C. 668 et seq.), the

Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703-711), the

Federal Aid in Wildlife Restoration Act (50 Stat. 917; 16 U.S.C.

669-669i), the Magnuson-Stevens Fishery Conservation and

Management Act (90 Stat. 331; 16 U.S.C. 1801-1882), the Federal

Aid in Fish Restoration Act (64 Stat. 430; 16 U.S.C. 777-777k),

or any amendments to any one or more of such Acts.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 815, Dec. 2, 1980, 94 Stat. 2429;

Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.

3300; Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II,

Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L.

105-83, title III, Sec. 316(b)(9), (d), Nov. 14, 1997, 111 Stat.

1594, 1595.)

-REFTEXT-

REFERENCES IN TEXT

The National Wildlife Refuge System Administration Act of 1966,

referred to in par. (4), consists of sections 4 and 5 of Pub. L.

89-669, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified

to sections 668dd and 668ee of this title. For further details,

see Short Title note set out under section 668dd of this title.

The National Park Service Organic Act, referred to in par. (4),

is act Aug. 25, 1916, ch. 408, 39 Stat. 535, as amended, which is

classified generally to sections 1, 2, 3, and 4 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1 of this title and Tables.

The Fur Seal Act of 1966, referred to in par. (4), is Pub. L.

89-702, Nov. 2 1966, 80 Stat. 1091, as amended, which is classified

principally to chapter 24 (Sec. 1151 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1151 of this title and Tables.

The Endangered Species Act of 1973, referred to in par. (4), is

Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is

classified generally to chapter 35 (Sec. 1531 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1531 of this title and

Tables.

The Marine Mammal Protection Act of 1972, referred to in par.

(4), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,

which is classified generally to chapter 31 (Sec. 1361 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1361 of this title and

Tables.

The Act entitled ''An Act for the Protection of the Bald Eagle'',

approved June 8, 1940, referred to in par. (4), is act June 8,

1940, ch. 278, 54 Stat. 250, as amended, which is classified

generally to subchapter II (Sec. 668 et seq.) of chapter 5A of this

title. For complete classification of this Act to the Code, see

Tables.

The Migratory Bird Treaty Act, referred to in par. (4), is act

July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is

classified generally to subchapter II (Sec. 703 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 710 of this title and Tables.

The Federal Aid in Wildlife Restoration Act, referred to in par.

(4), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, also

known as the Pittman-Robertson Wildlife Restoration Act, which is

classified generally to chapter 5B (Sec. 669 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 669 of this title and

Tables.

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in par. (4), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.

331, as amended, which is classified principally to chapter 38

(Sec. 1801 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

The Federal Aid in Fish Restoration Act, referred to in par. (4),

is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, also known

as the Dingell-Johnson Sport Fish Restoration Act and the Fish

Restoration and Management Projects Act, which is classified

generally to chapter 10B (Sec. 777 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 777 of this title and Tables.

-MISC2-

AMENDMENTS

1997 - Par. (5). Pub. L. 105-83, Sec. 316(b)(9), which directed

amendment of section by adding par. (5) reading as follows:

''prohibiting the Secretary or the State from entering into

co-management agreements with Alaska Native organizations or other

local or regional entities when such organization or entity is

managing fish and wildlife on public lands in Alaska for

subsistence uses.'', was repealed by Pub. L. 105-83, Sec. 316(d).

See Effective and Termination Dates of 1997 Amendment note below.

1996 - Par. (4). Pub. L. 104-208 substituted ''Magnuson-Stevens

Fishery'' for ''Magnuson Fishery''.

1980 - Par. (4). Pub. L. 96-561 substituted ''Magnuson Fishery

Conservation and Management Act'' for ''Fishery Conservation and

Management Act of 1976''.

EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT

Until laws are adopted in Alaska which provide for definition,

preference, and participation specified in sections 3113 to 3115 of

this title, amendment by Pub. L. 105-83 was effective only for

purpose of determining whether State's laws provide for such

definition, preference, and participation, and such amendment was

repealed on Dec. 1, 1998, because such laws had not been adopted,

see section 316(d) of Pub. L. 105-83 set out as a note under

section 3102 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

-CITE-

16 USC Sec. 3126 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

-HEAD-

Sec. 3126. Closure to subsistence uses

-STATUTE-

(a) National parks and park monuments in Alaska; authorization of

subsistence uses and sport fishing

All national parks and park monuments in Alaska shall be closed

to the taking of wildlife except for subsistence uses to the extent

specifically permitted by this Act. Subsistence uses and sport

fishing shall be authorized in such areas by the Secretary and

carried out in accordance with the requirements of this subchapter

and other applicable laws of the United States and the State of

Alaska.

(b) Closure for public safety, administration, or the continued

viability of fish and wildlife population

Except as specifically provided otherwise by this section,

nothing in this subchapter is intended to enlarge or diminish the

authority of the Secretary to designate areas where, and establish

periods when, no taking of fish and wildlife shall be permitted on

the public lands for reasons of public safety, administration, or

to assure the continued viability of a particular fish or wildlife

population. Notwithstanding any other provision of this Act or

other law, the Secretary, after consultation with the State and

adequate notice and public hearing, may temporarily close any

public lands (including those within any conservation system unit),

or any portion thereof, to subsistence uses of a particular fish or

wildlife population only if necessary for reasons of public safety,

administration, or to assure the continued viability of such

population. If the Secretary determines that an emergency

situation exists and that extraordinary measures must be taken for

public safety or to assure the continued viability of a particular

fish or wildlife population, the Secretary may immediately close

the public lands, or any portion thereof, to the subsistence uses

of such population and shall publish the reasons justifying the

closure in the Federal Register. Such emergency closure shall be

effective when made, shall not extend for a period exceeding sixty

days, and may not subsequently be extended unless the Secretary

affirmatively establishes, after notice and public hearing, that

such closure should be extended.

-SOURCE-

(Pub. L. 96-487, title VIII, Sec. 816, Dec. 2, 1980, 94 Stat.

2430.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3125, 3201 of this title.

-CITE-

16 USC SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS

STUDIES, OIL AND GAS LEASING PROGRAM AND

MINERAL ASSESSMENTS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

.

-HEAD-

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-CITE-

16 USC Sec. 3141 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3141. Overall study program

-STATUTE-

(a) Area designated

The Secretary shall initiate and carry out a study of all Federal

lands (other than submerged lands on the Outer Continental Shelf)

in Alaska north of 68 degrees north latitude and east of the

western boundary of the National Petroleum Reserve - Alaska, other

than lands included in the National Petroleum Reserve - Alaska and

in conservation system units established by this Act.

(b) Purposes

The study shall utilize a systematic interdisciplinary approach

to -

(1) assess the potential oil and gas resources of these lands

and make recommendations concerning future use and management of

those resources including an evaluation of alternative

transportation routes needed for oil and gas development;

(2) review the wilderness characteristics, and make

recommendations for wilderness designation, of these lands; and

(3) study, and make recommendations for protection of, the

wildlife resources of these lands.

(c) Findings

After completion of the study, the Secretary shall make findings

on -

(1) the potential oil and gas resources of these lands;

(2) the impact of oil and gas development on the wildlife

resources on these lands, particularly the Arctic and Porcupine

caribou herds and the polar bear;

(3) the national need for development of the oil and gas

resources of all or any portion of these lands;

(4) the national interests in preservation of the wilderness

characteristics of these lands; and

(5) the national interest in protection of the wildlife

resources of these lands.

(d) Consultations; opportunity for public review and comment

In the course of the study, the Secretary shall consult with the

Secretary of Energy and other Federal agencies, the State of

Alaska, Native Village and Regional Corporations, the North Slope

Borough, the Alaska Land Use Council and the Government of Canada.

The Secretary shall provide an opportunity for public review and

comment on a draft study and proposed findings prior to their final

approval.

(e) Report to President and Congress; annual report to Congress

The Secretary shall submit the study and his findings to the

President and the Congress no later than eight years after December

2, 1980. The Secretary shall submit annual reports to Congress on

the progress in carrying out this subchapter.

(f) Selection and conveyance of land by State and Natives

unaffected

Nothing in this subchapter shall be construed as impeding,

delaying, or otherwise affecting the selection and conveyance of

land to the State pursuant to the Alaska Statehood Act, or any

other Federal law referred to in section 3102(3)(A) of this title,

and to the Natives pursuant to the Alaska Native Claims Settlement

Act (43 U.S.C. 1601 et seq.) and this Act.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1001, Dec. 2, 1980, 94 Stat. 2448.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (f), is Pub. L. 96-487,

Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska

National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(f), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

The Alaska Statehood Act, referred to in subsec. (f), is Pub. L.

85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as

a note preceding section 21 of Title 48, Territories and Insular

Possessions. For complete classification of this Act to the Code,

see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3144, 3148, 3150 of this

title.

-CITE-

16 USC Sec. 3142 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3142. Arctic National Wildlife Refuge coastal plain resource

assessment

-STATUTE-

(a) Purpose

The purpose of this section is to provide for a comprehensive and

continuing inventory and assessment of the fish and wildlife

resources of the coastal plain of the Arctic National Wildlife

Refuge; an analysis of the impacts of oil and gas exploration,

development, and production, and to authorize exploratory activity

within the coastal plain in a manner that avoids significant

adverse effects on the fish and wildlife and other resources.

(b) Definitions

As used in this section -

(1) The term ''coastal plain'' means that area identified as

such in the map entitled ''Arctic National Wildlife Refuge'',

dated August 1980.

(2) The term ''exploratory activity'' means surface geological

exploration or seismic exploration, or both, for oil and gas

within the coastal plain.

(c) Baseline study

The Secretary, in consultation with the Governor of the State,

Native Village and Regional Corporations, and the North Slope

Borough within the study area and interested persons, shall conduct

a continuing study of the fish and wildlife (with special emphasis

on caribou, wolves, wolverines, grizzly bears, migratory waterfowl,

musk oxen, and polar bears) of the coastal plain and their

habitat. In conducting the study, the Secretary shall -

(A) assess the size, range, and distribution of the populations

of the fish and wildlife;

(B) determine the extent, location and carrying capacity of the

habitats of the fish and wildlife;

(C) assess the impacts of human activities and natural

processes on the fish and wildlife and their habitats;

(D) analyze the potential impacts of oil and gas exploration,

development, and production on such wildlife and habitats; and

(E) analyze the potential effects of such activities on the

culture and lifestyle (including subsistence) of affected Native

and other people.

Within eighteen months after December 2, 1980, the Secretary shall

publish the results of the study as of that date and shall

thereafter publish such revisions thereto as are appropriate as new

information is obtained.

(d) Guidelines

(1) Within two years after December 2, 1980, the Secretary shall

by regulation establish initial guidelines governing the carrying

out of exploratory activities. The guidelines shall be based upon

the results of the study required under subsection (c) of this

section and such other information as may be available to the

Secretary. The guidelines shall include such prohibitions,

restrictions, and conditions on the carrying out of exploratory

activities as the Secretary deems necessary or appropriate to

ensure that exploratory activities do not significantly adversely

affect the fish and wildlife, their habitats, or the environment,

including, but not limited to -

(A) a prohibition on the carrying out of exploratory activity

during caribou calving and immediate post-calving seasons or

during any other period in which human activity may have adverse

effects;

(B) temporary or permanently closing of appropriate areas to

such activity;

(C) specification of the support facilities, equipment and

related manpower that is appropriate in connection with

exploratory activity; and

(D) requirements that exploratory activities be coordinated in

such a manner as to avoid unnecessary duplication.

(2) The initial guidelines prescribed by the Secretary to

implement this subsection shall be accompanied by an environmental

impact statement on exploratory activities. The initial guidelines

shall thereafter be revised to reflect changes made in the baseline

study and other appropriate information made available to the

Secretary.

(e) Exploration plans

(1) After the initial guidelines are prescribed under subsection

(d) of this section, any person including the United States

Geological Survey may submit one or more plans for exploratory

activity (hereinafter in this section referred to as ''exploration

plans'') to the Secretary for approval. An exploration plan must

set forth such information as the Secretary may require in order to

determine whether the plan is consistent with the guidelines,

including, but not limited to -

(A) a description and schedule of the exploratory activity

proposed to be undertaken;

(B) a description of the equipment, facilities, and related

manpower that would be used in carrying out the activity;

(C) the area in which the activity would be undertaken; and

(D) a statement of the anticipated effects that the activity

may have on fish and wildlife, their habitats and the

environment.

(2) Upon receiving any exploration plan for approval, the

Secretary shall promptly publish notice of the application and the

text of the plan in the Federal Register and newspapers of general

circulation in the State. The Secretary shall determine, within one

hundred and twenty days after any plan is submitted for approval,

if the plan is consistent with the guidelines established under

subsection (d) of this section. If the Secretary determines that

the plan is so consistent, he shall approve the plan: except that

no plan shall be approved during the two-year period following

December 2, 1980. Before making the determination, the Secretary

shall hold at least one public hearing in the State for purposes of

receiving the comments and views of the public on the plan. The

Secretary shall not approve of any plan submitted by the United

States Geological Survey unless he determines that (1) no other

person has submitted a plan for the area involved which meets

established guidelines and (2) the information which would be

obtained is needed to make an adequate report under subsection (h)

of this section. The Secretary, as a condition of approval of any

plan under this section -

(A) may require that such modifications be made to the plan as

he considers necessary and appropriate to make it consistent with

the guidelines;

(B) shall require that all data and information (including

processed, analyzed and interpreted information) obtained as a

result of carrying out the plan shall be submitted to the

Secretary; and

(C) shall make such data and information available to the

public except that any processed, analyzed and interpreted data

or information shall be held confidential by the Secretary for a

period of not less than two years following any lease sale

including the area from which the information was obtained and:

Provided, That the Secretary shall prohibit by regulation any

person who obtains access to such data and information from the

Secretary or from any person other than a permittee from

participation in any lease sale which includes the areas from

which the information was obtained and from any commercial use of

the information. The Secretary shall require that any permittee

shall make available such data to any person at fair cost.

(f) Modification to exploration plans

If at any time while exploratory activity is being carried out

under an exploration plan approved under subsection (e) of this

section, the Secretary, on the basis of information available to

him, determines that continuation of further activities under the

plan or permit will significantly adversely affect fish or

wildlife, their habitat, or the environment, the Secretary may

suspend the carrying out of activities under the plan or permit for

such time, make such modifications to the plan or to the terms and

conditions of the permit (or both suspend and so modify) as he

determines necessary and appropriate.

(g) Civil penalties

(1) Any person who is found by the Secretary, after notice and an

opportunity for a hearing in accordance with section 554 of title

5, to have violated any provision of a plan approved under

subsection (e) of this section or any term or condition of a permit

issued under subsection (f) of this section, or to have committed

any act prohibited under subsection (d) of this section shall be

liable to the United States for a civil penalty. The amount of the

civil penalty shall not exceed $10,000 for each violation. Each

day of a continuing violation shall constitute a separate offense.

The amount of such civil penalty shall be assessed by the Secretary

by written notice. In determining the amount of such penalty, the

Secretary shall take into account the nature, circumstances,

extent, and gravity of the prohibited act committed, and, with

respect to the violator, the history of any prior offenses, his

demonstrated good faith in attempting to achieve timely compliance

after being cited for the violation, and such other matters as

justice may require.

(2) Any person against whom a civil penalty is assessed under

paragraph (1) may obtain review thereof in the appropriate district

court of the United States by filing a notice of appeal in such

court within thirty days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Secretary. The Secretary shall promptly file in such court a

certified copy of the record upon which such violation was found or

such penalty imposed, as provided in section 2112 of title 28. The

findings and order of the Secretary shall be set aside by such

court if they are not found to be supported by substantial

evidence, as provided in section 706(2)(E) of title 5.

(3) If any person fails to pay an assessment of a civil penalty

against him under paragraph (1) after it has become final, or after

the appropriate court has entered final judgment in favor of the

Secretary, the Secretary shall refer the matter to the Attorney

General of the United States, who shall recover the amount assessed

in any appropriate district court of the United States. In such

action, the validity and appropriateness of the final order

imposing the civil penalty shall not be subject to review.

(4) The Secretary may compromise, modify, or remit, with or

without conditions, any civil penalty which is subject to

imposition or which has been imposed under this subsection unless

the matter is pending in court for judicial review or recovery of

assessment.

(h) Report to Congress

Not earlier than five years after December 2, 1980, and not later

than five years and nine months after such date, the Secretary

shall prepare and submit to Congress 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 estimate of the volume

of the oil and gas concerned;

(2) the description of the fish and wildlife, their habitats,

and other resources that are within the areas identified under

paragraph (1);

(3) an evaluation of the adverse effects that the carrying out

of further exploration for, and the development and production

of, oil and gas within such areas will have on the resources

referred to in paragraph (2);

(4) a description of how such oil and gas, if produced within

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 recommendations of the Secretary with respect to

whether further exploration for, and the development and

production of, oil and gas within the coastal plain should be

permitted and, if so, what additional legal authority is

necessary to ensure that the adverse effects of such activities

on fish and wildlife, their habitats, and other resources are

avoided or minimized.

(i) Effect of other laws

Until otherwise provided for in law enacted after December 2,

1980, all public lands within the coastal plain are withdrawn from

all forms of entry or appropriation under the mining laws, and from

operation of the mineral leasing laws, of the United States.

-SOURCE-

(Pub. L. 96-487, title X Sec. 1002, Dec. 2, 1980, 94 Stat. 2449;

Pub. L. 97-394, title I, Sec. 110, Dec. 30, 1982, 96 Stat. 1982.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws and mineral leasing laws of the United States,

referred to in subsec. (i), are classified generally to Title 30,

Mineral Lands and Mining.

-MISC2-

AMENDMENTS

1982 - Subsec. (e)(2)(C). Pub. L. 97-394 inserted proviso that

the Secretary prohibit by regulation any person who obtains access

to such data and information from the Secretary or from any person

other than a permittee from participation in any lease sale which

includes the areas from which the information was obtained and from

any commercial use of the information, and that Secretary require

that any permittee make available such data to any person at fair

cost.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3144 of this title.

-CITE-

16 USC Sec. 3143 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3143. Production of oil and gas from Arctic National Wildlife

Refuge prohibited

-STATUTE-

Production of oil and gas from the Arctic National Wildlife

Refuge is prohibited and no leasing or other development leading to

production of oil and gas from the range shall be undertaken until

authorized by an Act of Congress.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1003, Dec. 2, 1980, 94 Stat. 2452.)

-CITE-

16 USC Sec. 3144 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3144. Wilderness portion of study

-STATUTE-

(a) Suitability of lands for preservation as wilderness; report to

President

As part of the study, the Secretary shall review the suitability

of nonsuitability for preservation as wilderness of the Federal

lands described in section 3141 of this title and report his

findings to the President.

(b) Presidential recommendations to Congress

The President shall advise the Senate and the House of

Representatives of his recommendations with respect to the

designation of the area or any part thereof as wilderness together

with a map thereof and a definition of its boundaries.

(c) Preservation of wilderness character and potential

Subject to valid existing rights and the provisions of section

3142 of this title, the wilderness study area designated by this

section shall, until Congress determines otherwise, be administered

by the Secretary so as to maintain presently existing wilderness

character and potential for inclusion in the National Wilderness

Preservation System. Already established uses may be permitted to

continue, subject to such restrictions as the Secretary deems

desirable, in the manner and degree in which the same were being

conducted on December 2, 1980.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1004, Dec. 2, 1980, 94 Stat. 2452.)

-CITE-

16 USC Sec. 3145 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3145. Wildlife resources portion of study and impact of

potential oil spills in Arctic Ocean

-STATUTE-

(a) Wildlife resources

The Secretary shall work closely with the State of Alaska 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 these lands, including impacts on the Arctic and Porcupine

caribou herds, polar bear, muskox, grizzly bear, wolf, wolverine,

seabirds, shore birds, and migratory waterfowl. In addition the

Secretary shall consult with the appropriate agencies of the

Government of Canada in evaluating such impacts particularly with

respect to the Porcupine caribou herd.

(b) Oil spills

(1) The Congress finds that -

(A) Canada has discovered commercial quantities of oil and gas

in the Amalagak region of the Northwest Territory;

(B) Canada is exploring alternatives for transporting the oil

from the Amalagak field to markets in Asia and the Far East;

(C) one of the options the Canadian Government is exploring

involves transshipment of oil from the Amalagak field across the

Beaufort Sea to tankers which would transport the oil overseas;

(D) the tankers would traverse the American Exclusive Economic

Zone through the Beaufort Sea into the Chuckchi Sea and then

through the Bering Straits;

(E) the Beaufort and Chuckchi Seas are vital to Alaska's Native

people, providing them with subsistence in the form of walrus,

seals, fish, and whales;

(F) the Secretary of the Interior has conducted Outer

Continental Shelf lease sales in the Beaufort and Chuckchi Seas

and oil and gas exploration is ongoing;

(G) an oil spill in the Arctic Ocean, if not properly contained

and cleaned up, could have significant impacts on the indigenous

people of Alaska's North Slope and on the Arctic environment; and

(H) there are no international contingency plans involving our

two governments concerning containment and cleanup of an oil

spill in the Arctic Ocean.

(2)(A) The Secretary of the Interior, in consultation with the

Governor of Alaska, shall conduct a study of the issues of recovery

of damages, contingency plans, and coordinated actions in the event

of an oil spill in the Arctic Ocean.

(B) The Secretary shall, no later than January 31, 1991, transmit

a report to the Congress on the findings and conclusions reached as

the result of the study carried out under this subsection.

(c) Treaty negotiations

The Congress calls upon the Secretary of State, in consultation

with the Secretary of the Interior, the Secretary of

Transportation, and the Governor of Alaska, to begin negotiations

with the Foreign Minister of Canada regarding a treaty dealing with

the complex issues of recovery of damages, contingency plans, and

coordinated actions in the event of an oil spill in the Arctic

Ocean.

(d) Report to Congress

The Secretary of State shall report to the Congress on the

Secretary's efforts pursuant to this section no later than June 1,

1991.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1005, Dec. 2, 1980, 94 Stat. 2453;

Pub. L. 101-380, title VIII, Sec. 8302, Aug. 18, 1990, 104 Stat.

572.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-380 inserted ''and impact of potential oil

spills in Arctic Ocean'' in section catchline, designated existing

text as subsec. (a), and added subsecs. (b) to (d).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

STUDY ON BARREN-GROUND CARIBOU

Section 306 of Pub. L. 96-487 provided:

''(a) The Congress finds that the barren-ground caribou are a

migratory species deserving of careful study and special

protection, and that the Western Arctic and the Porcupine herds of

such caribou are of national and international significance.

''(b) The Secretary of the Interior shall conduct, and the

Governor of Alaska is urged to cooperate with the Secretary 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, including, but not

limited to, a determination of the seasonal migration patterns,

reproduction and mortality rates, composition and age structure,

behavioral characteristics, habitats (including but not limited to

calving, feeding, summering and wintering areas, and key migration

routes) that are critical to their natural stability and

productivity and the effects on the herds of development by man,

predation, and disease. In conducting this study the Secretary

shall review the experience of other Arctic circumpolar countries

with caribou and is authorized to enter into such contracts as he

deems necessary to carry out portions or all of this study.''

-CITE-

16 USC Sec. 3146 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3146. Transportation alternatives portion of study

-STATUTE-

In studying oil and gas alternative transportation systems, the

Secretary shall consult with the Secretary of Transportation and

shall consider -

(1) the extent to which environmentally and economically

feasible alternative routes could be established;

(2) the prospective oil and gas production potential of this

area of Alaska for each alternative transportation route; and

(3) the environmental and economic costs and other values

associated with such alternative routes.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1006, Dec. 2, 1980, 94 Stat. 2453.)

-CITE-

16 USC Sec. 3147 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3147. Arctic research study

-STATUTE-

(a) Mission, facilities, and administration of Naval Arctic

Research Laboratory

The Secretary, the Secretary of Defense, and the Secretary of

Energy shall initiate and carry out a study of the mission,

facilities and administration of the Naval Arctic Research

Laboratory (NARL), at Point Barrow, Alaska. The study shall review

the historical responsibilities carried out at NARL and their

contribution to applied and basic Arctic research. The study shall

specifically address and the Secretary shall make recommendations

on the need for redirecting the United States Arctic research

policy and the role of the NARL facilities in developing and

implementing that policy.

(b) Assessment of future uses of NARL

The Secretaries shall assess the future use of NARL in -

(1) developing relevant scientific information on the Arctic

environment and utilizing applied research to (A) deal with the

unique problems the Arctic presents in providing public services;

(B) minimize the impact of resource development on the

environment and the culture of the Native people; and (C) promote

international cooperation among the Nations which share

responsibility for the Arctic environment;

(2) assessing the impact of oil and gas exploration,

development, and transportation on the Arctic environment,

including impact on fish, marine and land mammals, and migratory

waterfowl;

(3) developing advanced design technologies, operational

practices, and transportation systems to improve the

environmental safety and efficiency of oil and gas exploration

and production in the Arctic, including offshore activities;

(4) enlarging the body of knowledge on Arctic ice conditions

and developing practical and efficient means of dealing with

potential oil spills and other hazards associated with resource

development in Alaska's Arctic; and

(5) developing a comprehensive Arctic policy for the Federal

Government that will accommodate the need for development and use

of Arctic resources with appropriate recognition and

consideration given to the unique nature of the Arctic

environment and the needs of its Native residents.

(c) Recommendations

After completion of the study, the Secretaries shall make

recommendations on -

(1) changes in the mission and management of NARL necessary to

accomplish the research and policy goals addressed in the study;

(2) the appropriate Federal agency or agencies that should have

primary responsibility for management of NARL;

(3) changes in the organizational structure of NARL that would

allow greater involvement by State and private organizations in

the use, management and/or funding of NARL; and

(4) the appropriate level of Federal funding for scientific and

technological research on the Arctic environment and its uses.

(d) Consultations; opportunity for public review and comment

In the course of the study, the Secretaries shall consult with

representatives of the Department of Navy, the National Oceanic and

Atmospheric Administration, the National Science Foundation, the

Smithsonian Institution, the State of Alaska, local governments,

representatives of public and private institutions conducting

Arctic research, and Native Village and Regional Corporations in

the areas now affected by the activities of NARL. The Secretaries

shall provide an opportunity for public review and comment on the

draft report and proposed recommendations prior to final approval,

and shall include any recommendations of the local community in the

final study.

(e) Submission of study to Congress

The Secretaries shall submit the study and their recommendations

to the Congress no later than one year after December 2, 1980.

(f) Continuation of level of funding for NARL

Pending submission of the study to the Congress, the President is

directed to continue the operation of NARL at the level of funding

provided for in fiscal year 1979.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1007, Dec. 2, 1980, 94 Stat. 2453.)

-CITE-

16 USC Sec. 3148 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3148. Oil and gas leasing program for non-North Slope Federal

lands

-STATUTE-

(a) Establishment; restrictions

The Secretary shall establish, pursuant to the Mineral Leasing

Act of 1920, as amended (30 U.S.C. 181 et seq.), an oil and gas

leasing program on the Federal lands of Alaska not subject to the

study required by section 3141 of this title, other than lands

included in the National Petroleum Reserve - Alaska. Such program

shall not be undertaken by the Secretary on those lands where

applicable law prohibits such leasing or on those units of the

National Wildlife Refuge System where the Secretary determines,

after having considered the national interest in producing oil and

gas from such lands, that the exploration for and development of

oil or gas would be incompatible with the purpose for which such

unit was established.

(b) Study of oil and gas potential and impact of development and

production; permits; consultations; State studies

(1)(A) In such areas as the Secretary deems favorable for the

discovery of oil or gas, he shall conduct a study, or studies, or

collect and analyze information obtained by permittees authorized

to conduct studies under this section, of the oil and gas potential

of such lands and those environmental characteristics and wildlife

resources which would be affected by the exploration for and

development of such oil and gas.

(B) The Secretary is authorized 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.

(2) The Secretary shall consult with the Secretary of Energy

regarding the national interest involved in exploring for and

developing oil and gas from such lands and shall seek the views of

the Governor of the State of Alaska, Alaskan local governments,

Native Regional and Village Corporations, the Alaska Land Use

Council, representatives of the oil and gas industry, conservation

groups, and other interested groups and individuals in determining

which land should be studied and/or leased for the exploration and

development of oil and gas.

(3) The Secretary shall encourage the State to undertake similar

studies on lands associated, either through geological or other

land values or because of possible transportation needs, with

Federal lands. The Secretary shall integrate these studies, to the

maximum extent practicable, with studies on Federal lands so that

needs for cooperation between the Federal Government and the State

of Alaska in managing energy and other natural resources, including

fish and wildlife, can be established early in the program.

(c) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22,

1987, 101 Stat. 1330-259

(d) Issuance of leases; competitive bidding

Pursuant to the Mineral Leasing Act of 1920, as amended (30

U.S.C. 181 et seq.), the Secretary is authorized to issue leases,

on the Federal lands described in this section, under such terms

and conditions as he may, by regulation, prescribe.

(e) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22,

1987, 101 Stat. 1330-259

(f) Exploration plan

Prior to any exploration activities on a lease issued pursuant to

this section, the Secretary shall require the lessee to describe

exploration activities in an exploration plan. He shall approve

such plan if such activities can be conducted in conformity with

such requirements as may be made by the Secretary for the

protection and use of the land for the purpose for which it is

managed under applicable law.

(g) Development and production plan

Subsequent to a discovery of oil or gas in paying quantities, and

prior to developing and producing such oil and gas, the Secretary

shall require the lessee to describe development and production

activities in a development and production plan. He shall approve

such plan if such activities may be conducted in conformity with

such requirements as may be made by the Secretary for the

protection and use of the land for the purpose for which it is

managed under applicable law.

(h) Revised development and production plan

The Secretary shall monitor the performance of the lessee and, if

he determines that due to significant changes in circumstances

regarding that operation, including environmental or economic

changes, new requirements are needed, he may require a revised

development and production plan.

(i) Suspension and cancellation of lease

If the Secretary determines that immediate and irreparable damage

will result from continuation in force of a lease, that the threat

will not disappear and that the advantages of cancellation outweigh

the advantages of continuation in force of a lease, he shall

suspend operations for up to five years. If such a threat persists

beyond such five-year suspension period, he shall cancel a lease

and provide compensation to the lease under such terms as the

Secretary establishes, by regulation, to be appropriate.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1008, Dec. 2, 1980, 94 Stat. 2454;

Pub. L. 100-203, title V, Sec. 5105, Dec. 22, 1987, 101 Stat.

1330-259.)

-REFTEXT-

REFERENCES IN TEXT

The Mineral Leasing Act of 1920, as amended, referred to in

subsecs. (a) and (d), is act Feb. 25, 1920, ch. 85, 41 Stat. 437,

as amended, known as the Mineral Leasing Act, which is classified

generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral

Lands and Mining. For complete classification of this Act to the

Code, see Short Title note set out under section 181 of Title 30

and Tables.

-COD-

CODIFICATION

Subsec. (b)(4) of this section, which required the Secretary to

report yearly to Congress on efforts pursuant to Pub. L. 96-487

regarding the leasing of, and exploration and development

activities on, certain lands, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, page 111 of House Document No. 103-7.

-MISC3-

AMENDMENTS

1987 - Subsec. (c). Pub. L. 100-203, Sec. 5105(1), struck out

subsec. (c) which read as follows: ''At such time as the studies

requested in subsection (b)(4) of this section are completed by the

Secretary, or at such time as the Secretary determines that

sufficient interest has been indicated in exploring an area for oil

or gas, and leasing should be commenced, he shall identify those

areas which he determines to be favorable for the discovery of oil

or gas (hereinafter referred to as 'favorable petroleum geological

provinces'). In making such determination, the Secretary shall

utilize all information obtained in studies conducted under

subsection (b) of this section as well as any other information he

may develop or require by regulation to be transmitted.''

Subsec. (d). Pub. L. 100-203, Sec. 5105(2), struck out at end

''Areas which are determined by the Secretary to be within

favorable petroleum geological provinces shall be leased only by

competitive bidding.''

Subsec. (e). Pub. L. 100-203, Sec. 5105(1), struck out subsec.

(e) which read as follows: ''At such time as paying quantities of

oil or gas are discovered under a noncompetitive lease issued

pursuant to the Mineral Leasing Act of 1920, the Secretary shall

suspend all further noncompetitive leasing in the area and shall

determine the favorable petroleum geological province in proximity

to such discovery. All further leasing in such area shall be in

accordance with the requirements of subsection (d) of this

section.''

-CITE-

16 USC Sec. 3149 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3149. Oil and gas lease applications

-STATUTE-

(a) Lands within National Wildlife Refuge System but not part of

National Wilderness Preservation System

Notwithstanding any other provision of law or regulation,

whenever the Secretary receives an application for an oil and gas

lease pursuant to the Mineral Leasing Act of 1920 (30 U.S.C. 181 et

seq.) for lands in Alaska within a unit of the National Wildlife

Refuge System which are not also part of the national Wilderness

Preservation System he shall, in addition to any other requirements

of applicable law, follow the procedures set forth in this section.

(b) Statement of reasons for decision to issue or not to issue

lease

Any decision to issue or not to issue a lease shall be

accompanied by a statement setting forth the reasons for the

decision, including the reasons why oil and gas leasing would be

compatible or incompatible with the purposes of the refuge.

(c) Environmental impact statement

If the Secretary determines that the requirements of section

4332(2)(C) of title 42 do not apply to his decision, the Secretary

shall render his decision within six months after receipt of a

lease application. If such requirements are applicable to the

Secretary's decision, he shall render his decision within three

months after publication of the final environmental impact

statement.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1009, Dec. 2, 1980, 94 Stat. 2456.)

-REFTEXT-

REFERENCES IN TEXT

The Mineral Leasing Act of 1920, referred to in subsec. (a), is

act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the

Mineral Leasing Act, which is classified generally to chapter 3A

(Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For

complete classification of this Act to the Code, see Short Title

note set out under section 181 of Title 30 and Tables.

-CITE-

16 USC Sec. 3150 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3150. Alaska mineral resource assessment program

-STATUTE-

(a) Mineral assessments

The Secretary shall, to the full extent of his authority, assess

the oil, gas, and other mineral potential on all public lands in

the State of Alaska in order to expand the data base with respect

to the mineral potential of such lands. The mineral assessment

program may include, but shall not be limited to, techniques such

as side-looking radar imagery and, on public lands other than such

lands within the national park system, core and test drilling for

geologic information, notwithstanding any restriction on such

drilling under the Wilderness Act (16 U.S.C. 1131 et seq.). For

purposes of this Act, core and test drilling means the extraction

by drilling of subsurface geologic samples in order to assess the

metalliferous or other mineral values of geologic terrain, but

shall not be construed as including exploratory drilling of oil and

gas test wells. To the maximum extent practicable, the Secretary

shall consult and exchange information with the State of Alaska

regarding the responsibilities of the Secretary under this section

and similar programs undertaken by the State. In order to carry out

mineral assessments authorized under this or any other law,

including but not limited to the National Uranium Resource

Evaluation program, the Secretary shall allow for access by air for

assessment activities permitted in this subsection to all public

lands involved in such study. He shall consult with the Secretary

of Energy and heads of other Federal agencies carrying out such

programs, to determine such reasonable requirements as may be

necessary to protect the resources of such area, including fish and

wildlife. Such requirements may provide that access will not occur

during nesting, calving, spawning or such other times as fish and

wildlife in the specific area may be especially vulnerable to such

activities. The Secretary is authorized to enter into contracts

with public or private entities to carry out all or any portion of

the mineral assessment program. This section shall not apply to

the lands described in section 3141 of this title.

(b) Regulations

Activities carried out in conservation system units under

subsection (a) of this section shall be subject to regulations

promulgated by the Secretary. Such regulations shall ensure that

such activities are carried out in an environmentally sound manner

-

(1) which does not result in lasting environmental impacts

which appreciably alter the natural character of the units or

biological or ecological systems in the units; and

(2) which is compatible with the purposes for which such units

are established.

-SOURCE-

(Pub. L. 96-487, title X, Sec. 1010, Dec. 2, 1980, 94 Stat. 2456.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in subsec. (a), is Pub. L.

88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 1131 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1131 of this title and

Tables.

This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-CITE-

16 USC Sec. 3151 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS

LEASING PROGRAM AND MINERAL ASSESSMENTS

-HEAD-

Sec. 3151. Omitted

-COD-

CODIFICATION

Section, Pub. L. 96-487, title X, Sec. 1011, Dec. 2, 1980, 94

Stat. 2457; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat.

172, which required the President to annually transmit to Congress

all pertinent public information relating to minerals in Alaska

gathered by the United States Geological Surveys, United States

Bureau of Mines, and any other Federal agency, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 32 of House Document No. 103-7.

-CITE-

16 USC SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS

IN AND ACROSS, AND ACCESS INTO,

CONSERVATION SYSTEM UNITS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

.

-HEAD-

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3166 of this title.

-CITE-

16 USC Sec. 3161 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3161. Congressional declaration of findings

-STATUTE-

Congress finds that -

(a) Alaska's transportation and utility network is largely

undeveloped and the future needs for transportation and utility

systems in Alaska would best be identified and provided for through

an orderly, continuous decisionmaking process involving the State

and Federal Governments and the public;

(b) the existing authorities to approve or disapprove

applications for transportation and utility systems through public

lands in Alaska are diverse, dissimilar, and, in some cases,

absent; and

(c) to minimize the adverse impacts of siting transportation and

utility systems within units established or expanded by this Act

and to insure the effectiveness of the decisionmaking process, a

single comprehensive statutory authority for the approval or

disapproval of applications for such systems must be provided in

this Act.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1101, Dec. 2, 1980, 94 Stat. 2457.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (c), is Pub. L 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-CITE-

16 USC Sec. 3162 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3162. Definitions

-STATUTE-

For purposes of this subchapter -

(1) The term ''applicable law'' means any law of general

applicability (other than this subchapter) under which any Federal

department or agency has jurisdiction to grant any authorization

(including but not limited to, any right-of-way, permit, license,

lease, or certificate) without which a transportation or utility

system cannot, in whole or in part, be established or operated.

(2) The term ''applicant'' means any public or private person,

including, but not limited to, any Federal department or agency.

(3) The term ''Federal agency'' means any Federal department or

agency that has any function or duty under applicable law.

(4)(A) The term ''transportation or utility system'' means any

type of system described in subparagraph (B) if any portion of the

route of the system will be within any conservation system unit,

national recreation area, or national conservation area in the

State (and the system is not one that the department or agency

having jurisdiction over the unit or area is establishing incident

to its management of the unit or area).

(B) The types of systems to which subparagraph (A) applies are as

follows:

(i) Canals, ditches, flumes, laterals, pipes, pipelines,

tunnels, and other systems for the transportation of water.

(ii) Pipelines and other systems for the transportation of

liquids other than water, including oil, natural gas, synthetic

liquid and gaseous fuels, and any refined product produced

therefrom.

(iii) Pipelines, slurry and emulsion systems and conveyor belts

for the transportation of solid materials.

(iv) Systems for the transmission and distribution of electric

energy.

(v) Systems for transmission or reception of radio, television,

telephone, telegraph, and other electronic signals, and other

means of communication.

(vi) Improved rights-of-way for snow machines, air cushion

vehicles, and other all-terrain vehicles.

(vii) Roads, highways, railroads, tunnels, tramways, airports,

landing strips, docks, and other systems of general

transportation.

Any system described in this subparagraph includes such related

structures and facilities (both temporary and permanent) along the

route of the system as may be minimally necessary for the

construction, operation, and maintenance of this system. Such

related structures and facilities shall be described in the

application required by section 3164 of this title, and shall be

approved or disapproved in accordance with the procedures set forth

in this subchapter.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1102, Dec. 2, 1980, 94 Stat. 2458.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3164 of this title.

-CITE-

16 USC Sec. 3163 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3163. Effect on other laws

-STATUTE-

Except as specifically provided for in this subchapter,

applicable law shall apply with respect to the authorization and

administration of transportation or utility systems.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1103, Dec. 2, 1980, 94 Stat. 2459.)

-CITE-

16 USC Sec. 3164 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3164. Procedural requirements

-STATUTE-

(a) In general

Notwithstanding any provision of applicable law, no action by any

Federal agency under applicable law with respect to the approval or

disapproval of the authorization, in whole or in part, of any

transportation or utility system shall have any force or effect

unless the provision of this section are complied with.

(b) Consolidated applications

(1) Within one hundred and eighty days after December 2, 1980,

the Secretary, the Secretary of Agriculture, and the Secretary of

Transportation, in consultation with the heads of other appropriate

Federal agencies, shall jointly prescribe and publish a

consolidated application form to be used for applying for the

approval of each type of transportation or utility system. Each

such application form shall be designed to elicit such information

as may be necessary to meet the requirements of this subchapter and

the applicable law with respect to the type of system concerned.

(2) For purposes of this section, the heads of all appropriate

Federal agencies, including the Secretary of Transportation, shall

share decisionmaking responsibility in the case of any

transportation or utility system described in section

3162(4)(B)(ii), (iii), or (vii) of this title; but with respect to

any such system for which he does not have programmatic

responsibility, the Secretary of Transportation shall provide to

the other Federal agencies concerned such planning and other

assistance as may be appropriate.

(c) Filing

Each applicant for the approval of any transportation or utility

system shall file on the same day an application with each

appropriate Federal agency. The applicant shall utilize the

consolidated form prescribed under subsection (b) of this section

for the type of transportation or utility system concerned.

(d) Agency notice

(1) Within sixty days after the receipt of an application filed

pursuant to subsection (c) of this section, the head of each

Federal agency with whom the application was filed shall inform the

applicant in writing that, on its face -

(A) the application appears to contain the information required

by this subchapter and applicable law insofar as that agency is

concerned; or

(B) the application does not contain such information.

(2) Any notice provided under paragraph (1)(B) shall specify what

additional information the applicant must provide. If the

applicant provides additional information, the head of the Federal

agency must inform the applicant in writing, within thirty days

after receipt of such information, whether the information is

sufficient.

(e) Environmental impact statement

The draft of any environmental impact statement required under

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.) in connection with any application filed under this section

shall be completed, within nine months from the date of filing, by

the head of the Federal agency assigned lead responsibility for the

statement. Any such statement shall be jointly prepared by all

Federal agencies with which the application was filed under

subsection (c) of this section. The final environmental impact

statement shall be completed within one year from the date of such

filing. Such nine-month and one-year periods may be extended for

good cause by the Federal agency head assigned lead responsibility

for the preparation of such statement if he determines that

additional time is necessary for such preparation, notifies the

applicant in writing of such determination, and publishes notices

of such determination, together with the reasons therefor, in the

Federal Register. The provisions of section 1734 of title 43 shall

apply to each environmental impact statement under this subsection

in the same manner as such provisions apply to applications

relating to the public lands referred to in section 1734 of title

43. The Federal agency assigned lead responsibility shall, in

conjunction with such other Federal agencies before which the

application is pending, hold public hearings in the District of

Columbia and an appropriate location in the State on each draft

joint environmental impact statement and the views expressed

therein shall be considered by all Federal agencies concerned

before publication of the final joint environmental impact

statement.

(f) Other views

During both the nine-month period, and the succeeding three-month

period plus any extension thereof provided for in subsection (e) of

this section, the heads of the Federal agencies concerned shall

solicit and consider the views of other Federal departments and

agencies, the Alaska Land Use Council, the State, affected units of

local government in the State, and affected corporations formed

pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601

et seq.), and, after public notice, shall receive and consider

statements and recommendations regarding the application submitted

by interested individuals and organizations.

(g) Agency decision

(1) Within four months after the final environmental impact

statement is published in accordance with subsection (e) of this

section with respect to any transportation or utility system, each

Federal agency shall make a decision to approve or disapprove, in

accordance with applicable law, each authorization and that applies

with respect to the system and that is within the jurisdiction of

that agency.

(2) The head of each Federal agency, in making a decision

referred to in paragraph (1), shall consider, and make detailed

findings supported by substantial evidence, with respect to -

(A) the need for, and economic feasibility of, the

transportation or utility system;

(B) alternative routes and modes of access, including a

determination with respect to whether there is any economically

feasible and prudent alternative to the routing of the system

through or within a conservation system unit, national recreation

area, or national conservation area and, if not, whether there

are alternative routes or modes which would result in fewer or

less severe adverse impacts upon the conservation system unit;

(C) the feasibility and impacts of including different

transportation or utility systems in the same area;

(D) short- and long-term social, economic, and environmental

impacts of national, State, or local significance, including

impacts on fish and wildlife and their habitat, and on rural,

traditional lifestyles;

(E) the impacts, if any, on the national security interests of

the United States, that may result from approval or denial of the

application for a transportation or utility system;

(F) any impacts that would affect the purposes for which the

Federal unit or area concerned was established;

(G) measures which should be instituted to avoid or minimize

negative impacts; and

(H) the short- and long-term public values which may be

adversely affected by approval of the transportation or utility

system versus the short- and long-term public benefits which may

accrue from such approval.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1104, Dec. 2, 1980, 94 Stat. 2459.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(f), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 410hh, 3162, 3166 of this

title.

-CITE-

16 USC Sec. 3165 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3165. Standards for granting certain authorizations

-STATUTE-

In any case in which there is no applicable law with respect to a

transportation or utility system, the head of the Federal agency

concerned shall, within four months after the date of filing of any

final Environmental Impact Statement, make recommendations, for

purposes of section 3166(b) of this title, to grant such

authorizations as may be necessary to establish such system, in

whole or in part, within the conservation system unit concerned if

he determines that -

(1) such system would be compatible with the purposes for which

the unit was established; and

(2) there is no economically feasible and prudent alternative

route for the system.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1105, Dec. 2, 1980, 94 Stat. 2461.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3166 of this title.

-CITE-

16 USC Sec. 3166 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3166. Agency, Presidential, and Congressional actions

-STATUTE-

(a) Agency action in cases other than those involving section 3165

or wilderness areas

(1) In the case of any application for the approval of any

transportation or utility system to which section 3165 of this

title does not apply or that does not occupy, use, or traverse any

area within the National Wilderness Preservation System, if, in

compliance with section 3164 of this title -

(A) each Federal agency concerned decides to approve each

authorization within its jurisdiction with respect to that

system, then the system shall be deemed to be approved and each

such agency shall promptly issue, in accordance with applicable

law, such rights-of-way, permits, licenses, leases, certificates,

or other authorizations as are necessary with respect to the

establishment of the system; or

(B) one or more Federal agencies decide to disapprove any

authorization within its jurisdiction with respect, to that

system, then the system shall be deemed to be disapproved and the

applicant for the system may appeal the disapproval to the

President.

(2) If an applicant appeals under paragraph (1)(B), the

President, within four months after receiving the appeal, shall

decide whether to approve or deny the application. The President

shall approve the application if he finds, after consideration of

the factors set forth in section 3164(g)(2) of this title, that

such approval would be in the public interest and that (1) such

system would be compatible with the purposes for which the unit was

established; and (2) there is no economically feasible and prudent

alternative route for the system. In making a decision, the

President shall consider any environmental impact statement

prepared pursuant to section 3164(e) of this title, comments of the

public and Federal agencies received during the preparation of such

statement, and the findings and recommendations, if any, of each

Federal agency that rendered a decision with respect to the

application. The President's decision to approve or deny the

application shall be published in the Federal Register, together

with a statement of the reasons for his determination.

(3) If the President approves an application under paragraph (2),

each Federal agency concerned shall promptly issue, in accordance

with applicable law, such rights-of-way, permits, licenses, leases,

certificates, or other authorizations as are necessary with respect

to the establishment of the system

(4) If the President denies an application under paragraph (2),

the applicant shall be deemed to have exhausted his administrative

remedies and may file suit in any appropriate Federal court to

challenge such decision.

(b) Agency action in cases involving section 3165 or wilderness

areas

(1) In the case of any application for the approval of a

transportation or utility system to which section 3165 of this

title applies or that proposes to occupy, use, or traverse any area

within the National Wilderness Preservation System, each Federal

agency concerned shall promptly submit to the President

notification whether the agency tentatively approved or disapproved

each authorization within its jurisdiction that applies with

respect to the system. Such notification shall be accompanied by a

statement of the reasons and findings supporting the agency

position.

(2) Within four months after receiving all notification referred

to in paragraph (1) and after considering such notifications, any

environmental impact statement prepared pursuant to section 3164(e)

of this title, and the comments of the public and Federal agencies

received during the preparation of such statement, the President

shall decide whether or not the application for the system

concerned should be approved. If the President denies an

application the applicant shall be deemed to have exhausted his

administrative remedies, and may file suite in any appropriate

Federal court to challenge such decision. If the President

approves the application, he shall submit to Congress his

recommendation for approval of the transportation or utility system

covered, whereupon the Congress shall consider the application as

provided in subsection (c) of this section. The President shall

include with his recommendation to Congress -

(A) the application which is the subject of his recommendation;

(B) a report setting forth in detail the relevant factual

background and the reasons for his findings and recommendation;

(C) the joint environmental impact statement; (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by

''and''.

(D) a statement of the conditions and stipulations which would

govern the use of the system if approved by the Congress.

(c) Congressional approval

(1) No application for any transportation or utility system with

respect to which the President makes a recommendation for approval

under subsection (b) of this section shall be approved unless the

Senate and House of Representatives approve a resolution described

in paragraph (4) within the first period of one hundred and twenty

calendar days of continuous session of the Congress beginning on

the date after the date of receipt by the Senate and House of

Representatives of such recommendation.

(2) For purposes of this subsection -

(A) continuity of session of the Congress is broken only by an

adjournment sine die; and

(B) the days on which either House is not in session because of

an adjournment of more than three days to a day certain are

excluded in the computation of one-hundred-and-twenty-day

calendar period.

(3) This subsection is enacted by the Congress -

(A) as an exercise of the rulemaking power of each House of the

Congress respectively, but applicable only with respect to the

procedure to be followed in the House in the case of resolutions

described by paragraph (6) of this subsection; and its supersedes

other rules only to the extent that it is inconsistent therewith;

and

(B) with full recognition of the constitutional right of either

House to change the rules (so far as those relate to the

procedure of that House) at any time, in the same manner and to

the same extent as in the case of any other rule of such House.

(4) For the purposes of this subsection, the term ''resolution''

means a joint resolution, the resolving clause of which is as

follows: ''That the House of Representatives and Senate approve the

application for under title XI of the Alaska National Interest

Lands Conservation Act submitted by the President to the Congress

on , 19 .''; the first blank space therein to be filled in with the

appropriate transportation or utility system and the second blank

therein to be filled with the date on which the President submits

the application to the House of Representatives and the Senate.

(5) Except as otherwise provided in this subsection, the

provisions of section 719f(d) of title 15 shall apply to the

consideration of the resolution.

(6) After an application for a transportation or utility system

has been approved under subsection (a) of this section, the

appropriate Federal agencies shall issue appropriate authorizations

in accordance with applicable law. In any case in which an

application for a transportation or utility system has been

approved pursuant to subsection (b) of this section, the

appropriate Federal agencies shall issue appropriate authorizations

in accordance with title V of the Federal Lands Policy Management

Act (43 U.S.C. 1761 et seq.) or other applicable law. After

issuance pursuant to this subsection, the appropriate land managing

agency shall administer the right-of-way in accordance with

relevant management authorities of the land managing agency and

title V of the Federal Lands Policy Management Act.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1106, Dec. 2, 1980, 94 Stat. 2461.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska National Interest Lands Conservation Act, referred to

in subsec. (c)(4), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371,

as amended. Title XI of the Alaska National Interest Lands

Conservation Act is classified generally to this subchapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 3101 of this title and Tables.

The Federal Land Policy and Management Act, referred to in

subsec. (c)(6), probably means the Federal Land Policy and

Management Act of 1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat.

2743, as amended. Title V of the Federal Land Policy and

Management Act of 1976 is classified generally to subchapter V

(Sec. 1761 et seq.) of chapter 35 of Title 43, Public Lands. For

complete classification of this Act to the Code, see Short Title

note set out under section 1701 of Title 43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3165 of this title.

-CITE-

16 USC Sec. 3167 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3167. Rights-of-way terms and conditions

-STATUTE-

(a) Terms and conditions

The Secretary, or the Secretary of Agriculture where national

forest wilderness is involved, shall include in any right-of-way

issued pursuant to an application under this subchapter, terms and

conditions which shall include, but not be limited to -

(1) requirements to insure that, to the maximum extent

feasible, the right-of-way is used in a manner compatible with

the purposes for which the affected conservation system unit,

national recreation area, or national conservation area was

established or is managed;

(2) requirements for restoration, revegetation, and curtailment

of erosion of the surface of the land;

(3) requirements to insure that activities in connection with

the right-of-way will not violate applicable air and water

quality standards and related facility siting standards

established pursuant to law;

(4) requirements, including the minimum necessary width,

designed to control or prevent -

(A) damage to the environment (including damage to fish and

wildlife habitat),

(B) damage to public or private property, and

(C) hazards to public health and safety;

(5) requirements to protect the interests of individuals living

in the general area of the right-of-way who rely on the fish,

wildlife, and biotic resources of the area for subsistence

purposes; and

(6) requirements to employ measures to avoid or minimize

adverse environmental, social or economic impacts.

(b) Wild and Scenic Rivers System

Any transportation or utility system approved pursuant to this

subchapter which occupies, uses, or traverses any area within the

boundaries of a unit of the National Wild and Scenic Rivers System

shall be subject to such conditions as may be necessary to assure

that the stream flow of, and transportation on, such river are not

interfered with or impeded, and that the transportation or utility

system is located and constructed in an environmentally sound

manner.

(c) Pipeline rights-of-way

In the case of a pipeline described in section 185(a) of title

30, a right-of-way issued pursuant to this subchapter shall be

issued in the same manner as a right-of-way is granted under

section 185 of title 30, and the provisions of subsections (c)

through (j), (l) through (q), and (u) through (y) of section 185 of

title 30 shall apply to rights-of-way issued pursuant to this

subchapter.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1107, Dec. 2, 1980, 94 Stat. 2463.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 410hh of this title.

-CITE-

16 USC Sec. 3168 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3168. Injunctive relief

-STATUTE-

No court shall have jurisdiction to grant any injunctive relief

lasting longer than ninety days against any action pursuant to this

subchapter except in conjunction with a final judgment entered in a

case involving an action pursuant to this subchapter.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1108, Dec. 2, 1980, 94 Stat. 2464;

Pub. L. 98-620, title IV, Sec. 402(22)(B), Nov. 8, 1984, 98 Stat.

3358.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-620 redesignated subsec. (c) as entire section,

and struck out subsecs. (a) and (b), which had related,

respectively, to Congressional intent concerning, and time periods

for, expedited judicial review.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

-CITE-

16 USC Sec. 3169 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3169. Valid existing right of access

-STATUTE-

Nothing in this subchapter shall be construed to adversely affect

any valid existing right of access.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1109, Dec. 2, 1980, 94 Stat. 2464.)

-CITE-

16 USC Sec. 3170 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3170. Special access and access to inholdings

-STATUTE-

(a) Use of snowmachines, motorboats, airplanes, nonmotorized

surface transportation, etc. for traditional activities and for

travel

Notwithstanding any other provision of this Act or other law, the

Secretary shall permit, on conservation system units, national

recreation areas, and national conservation areas, and those public

lands designated as wilderness study, the use of snowmachines

(during periods of adequate snow cover, or frozen river conditions

in the case of wild and scenic rivers), motorboats, airplanes, and

nonmotorized surface transportation methods for traditional

activities (where such activities are permitted by this Act or

other law) and for travel to and from villages and homesites. Such

use shall be subject to reasonable regulations by the Secretary to

protect the natural and other values of the conservation system

units, national recreation areas, and national conservation areas,

and shall not be prohibited unless, after notice and hearing in the

vicinity of the affected unit or area, the Secretary finds that

such use would be detrimental to the resource values of the unit or

area. Nothing in this section shall be construed as prohibiting

the use of other methods of transportation for such travel and

activities on conservation system lands where such use is permitted

by this Act or other law.

(b) Right of access to State or private owner or occupier

Notwithstanding any other provisions of this Act or other law, in

any case in which State owned or privately owned land, including

subsurface rights of such owners underlying public lands, or a

valid mining claim or other valid occupancy is within or is

effectively surrounded by one or more conservation system units,

national recreation areas, national conservation areas, or those

public lands designated as wilderness study, the State or private

owner or occupier shall be given by the Secretary such rights as

may be necessary to assure adequate and feasible access for

economic and other purposes to the concerned land by such State or

private owner or occupier and their successors in interest. Such

rights shall be subject to reasonable regulations issued by the

Secretary to protect the natural and other values of such lands.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1110, Dec. 2, 1980, 94 Stat. 2464.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460mm-3 of this title.

-CITE-

16 USC Sec. 3171 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3171. Temporary access

-STATUTE-

(a) In general

Notwithstanding any other provision of this Act or other law the

Secretary shall authorize and permit temporary access by the State

or a private landowner to or across any conservation system unit,

national recreation area, national conservation area, the National

Petroleum Reserve - Alaska or those public lands designated as

wilderness study or managed to maintain the wilderness character or

potential thereof, in order to permit the State or private

landowner access to its land for purposes of survey, geophysical,

exploratory, or other temporary uses thereof whenever he determines

such access will not result in permanent harm to the resources of

such unit, area, Reserve or lands.

(b) Stipulations and conditions

In providing temporary access pursuant to subsection (a) of this

section, the Secretary may include such stipulations and conditions

he deems necessary to insure that the private use of public lands

is accomplished in a manner that is not inconsistent with the

purposes for which the public lands are reserved and which insures

that no permanent harm will result to the resources of the unit,

area, Reserve or lands.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1111, Dec. 2, 1980, 94 Stat. 2465.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-CITE-

16 USC Sec. 3172 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3172. North Slope Haul Road

-STATUTE-

(a) In general

So long as that section of the North Slope Haul Road referred to

in subsection (c) of this section is closed to public use, but not

including regulated local traffic north of the Yukon River,

regulated industrial traffic and regulated high occupancy buses,

such regulation to occur under State law, except that the

Secretary, after consultation with the Secretary of Transportation,

and the Governor of Alaska shall agree on the number of vehicles

and seasonality of use, such section shall be free from any and all

restrictions contained in title 23, as amended or supplemented, or

in any regulations thereunder. Prior to executing an agreement

pursuant to this subsection, the Secretary and the Governor of

Alaska shall consult with the head of any unit of local government

which encompasses lands located adjacent to the route of the North

Slope Haul Road. The State of Alaska shall have the authority to

limit access, impose restrictions and impose tolls, notwithstanding

any provision of Federal law.

(b) Release

The removal of restrictions shall not be conditioned upon

repayment by the State of Alaska to the Treasurer of the United

States of any Federal-aid highway funds paid on account of the

section of highway described in subsection (c) of this section, and

the obligation of the State of Alaska to repay these amounts is

hereby released so long as the road remains closed as set forth in

subsection (a) of this section.

(c) Application of section

The provisions of this section shall apply to that section of the

North Slope Haul Road, which extends from the southern terminus of

the Yukon River Bridge to the northern terminus of the Road at

Prudhoe Bay.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1112, Dec. 2, 1980, 94 Stat. 2465.)

-CITE-

16 USC Sec. 3173 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,

AND ACCESS INTO, CONSERVATION SYSTEM UNITS

-HEAD-

Sec. 3173. Stikine River region; Presidential study and report to

Congress

-STATUTE-

Congress finds that there is a need to study the effect of this

Act upon the ability of the Government of Canada to obtain access

in the Stikine River region of southeast Alaska. Accordingly,

within five years from December 2, 1980, the President shall

consult with the Government of Canada and shall submit a report to

the Congress containing his findings and recommendations concerning

the need, if any, to provide for such access. Such report shall

include, among other things, an analysis of the need for access and

the social, environmental and economic impacts which may result

from various forms of access including, but not limited to, a road

along the Stikine and Iskut Rivers, or other alternative routes,

should such access be permitted.

-SOURCE-

(Pub. L. 96-487, title XI, Sec. 1113, Dec. 2, 1980, 94 Stat. 2466.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2466, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-CITE-

16 USC SUBCHAPTER V - FEDERAL-STATE COOPERATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER V - FEDERAL-STATE COOPERATION

.

-HEAD-

SUBCHAPTER V - FEDERAL-STATE COOPERATION

-CITE-

16 USC Sec. 3181 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER V - FEDERAL-STATE COOPERATION

-HEAD-

Sec. 3181. Alaska Land Use Council

-STATUTE-

(a) Establishment

There is hereby established the Alaska Land Use Council

(hereinafter in this subchapter referred to as the ''Council'').

(b) Cochairmen

The Council shall have Cochairmen. The Federal Cochairman shall

be appointed by the President of the United States with the advice

and consent of the Senate. The State Cochairman shall be the

Governor of Alaska.

(c) Members

In addition to the Cochairmen, the Council shall consist of the

following members:

(1) the head of the Alaska offices of each of the following

Federal agencies: National Park Service, United States Fish and

Wildlife Service, United States Forest Service, Bureau of Land

Management, Heritage Conservation and Recreation Service,

National Oceanic and Atmospheric Administration, and Department

of Transportation;

(2) the Commissioners of the Alaska Departments of Natural

Resources, Fish and Game, Environmental Conservation, and

Transportation; and

(3) two representatives selected by the Alaska Native Regional

Corporations (in consultation with their respective Village

Corporations) which represent the twelve geographic regions

described in section 1606(a) of title 43.

Any vacancy on the Council shall be filled in the same manner in

which the original appointment was made.

(d) State decision not to participate

If the State elects not to participate on the Council or elects

to end its participation prior to termination of the Council, the

Council shall be composed of the Federal Cochairman, the agencies

referred to in subsection (c)(1) of this section and the

representatives of the Alaska Native Regional Corporations referred

to in subsection (c)(3) of this section. The Council, so composed,

shall carry out the administrative functions required by this

subchapter and shall make recommendations to Federal officials with

respect to the matters referred to in subsections (i) and (j) of

this section. In addition, the Council may make recommendations

from time to time to State officials and private landowners

concerning such matters.

(e) Compensation and expenses

(1) The Federal Cochairman shall be compensated at a rate to be

determined by the President but not in excess of that provided for

level IV of the Executive Schedule contained in title 5 (5 U.S.C.

5315).

(2) The other members of the Council who are Federal employees

shall receive no additional compensation for service on the

Council.

(3) While away from their homes or regular places of business in

the performance of services for the Council, members of the Council

who are Federal employees, or members of the Council referred to in

subsection (c)(3) of this section, shall be allowed travel

expenses, including per diem in lieu of subsistence, in the same

manner as persons employed intermittently in the Government service

are allowed expenses under section 5703(b) of title 5.

(4) The State Cochairman and other State members of the Council

have been compensated in accordance with applicable State law.

(f) Administrative authority

(1) The Cochairmen, acting jointly, shall have the authority to

create and abolish employments and positions, including temporary

and intermittent employments; to fix and provide for the

qualification, appointment, removal, compensation, pension, and

retirement rights of Council employees; and to procure needed

office space, supplies, and equipment.

(2) The office of the Council shall be located in the State of

Alaska.

(3) Except as provided in subsection (d) of this section, within

any one fiscal year, the Federal Government shall pay only 50 per

centum of the costs and other expenses other than salaries,

benefits, et cetera of members, incurred by the Council in carrying

out its duties under this Act.

(4) The Council is authorized to use, with their consent, the

services, equipment, personnel, and facilities of Federal and other

agencies with or without reimbursement. Each department and agency

of the Federal Government is authorized and directed to cooperate

fully in making its services, equipment, personnel, and facilities

available to the Council. Personnel detailed to the Council in

accordance with the provisions of this subsection shall be under

the direction of the Cochairman during any period such staff is so

detailed.

(5) The Council is authorized to accept donations, gifts, and

other contributions and to utilize such donations, gifts, and

contributions in carrying out its functions under this Act.

(6) The Council shall keep and maintain complete accounts and

records of its activities and transactions, and such accounts and

records shall be available for public inspection.

(g) Meetings; authorities; reports

The Council shall meet at the call of the Cochairmen, but not

less than four times each year. In addition, the Council may, for

the purpose of carrying out the provisions of this section, hold

such hearings, take such testimony, receive such evidence and print

or otherwise reproduce and distribute reports concerning so much of

its proceedings as the Council deems advisable. No later than

February 1 of each calendar year following the calendar year in

which the Council is established, the Cochairmen shall submit to

the President, the Congress, the Governor of Alaska, and the Alaska

Legislature, in writing, a report on the activities of the Council

during the previous year, together with their recommendations, if

any, for legislative or other action in furtherance of the purposes

of this section.

(h) Rules

The Council shall adopt such internal rules of procedure as it

deems necessary. All Council meetings shall be open to the public,

and at least fifteen days prior to the date when any meeting of the

Council is to take place the Cochairman shall publish public notice

of such meeting in the Federal Register and in newspapers of

general circulation in various areas throughout Alaska.

(i) Functions of the Council

(1) The Council shall conduct studies and advise the Secretary,

the Secretary of Agriculture, other Federal agencies, the State,

local governments, and Native Corporations with respect to ongoing,

planned, and proposed land and resources uses in Alaska, including

transportation planning, land use designation, fish and wildlife

management, tourism, agricultural development, coastal zone

management, preservation of cultural and historical resources, and

such other matters as may be submitted for advice by the members.

(2) It shall be the function of the Council -

(A) to make recommendations to appropriate officials of the

United States and the State of Alaska with respect to -

(i) proposed regulations promulgated by the United States to

carry out its responsibilities under this Act;

(ii) management plans and studies required by this Act

including, but not limited to, plans and studies for

conservation system units, wild and scenic rivers, and

wilderness areas;

(iii) proposed regulations promulgated by the State of Alaska

to carry out its responsibilities under this Act and other

State and Federal laws;

(B) to make recommendations to appropriate officials of the

governments of the United States and the State of Alaska with

respect to ways to improve coordination and consultation between

said governments in wildlife management, transportation planning,

wilderness review, and other governmental activities which appear

to require regional or statewide coordination;

(C) to make recommendations to appropriate officials of the

governments of the United States and the State of Alaska with

respect to ways to insure that economic development is orderly

and planned and is compatible with State and national economic,

social, and environmental objectives;

(D) to make recommendations to appropriate officials of the

governments of the United States and the State of Alaska with

respect to those changes in laws, policies, and programs relating

to publicly owned lands and resources which the Council deems

necessary;

(E) to make recommendations to appropriate officials of the

governments of the United States and the State of Alaska with

respect to the inventory, planning, classification, management,

and use of Federal and State lands, respectively, and to provide

such assistance to Native Corporations upon their request;

(F) to make recommendations to appropriate officials of the

governments of the United States and the State of Alaska with

respect to needed modifications in existing withdrawals of

Federal and State lands; and

(G) to make recommendations to appropriate officials of the

governments of the United States and the State of Alaska with

respect to the programs and budgets of Federal and State agencies

responsible for the administration of Federal and State lands;

and

(H) to make recommendations to appropriate officials of the

governments of the United States, the State of Alaska, and Native

Corporations for land exchanges between or among them.

(j) Cooperative planning

(1) The Council shall recommend cooperative planning zones,

consisting of areas of the State in which the management of lands

or resources by one member materially affects the management of

lands or resources of another member or members including, but not

limited to, such areas as the Northwest Arctic, the North Slope,

and Bristol Bay. Federal members of the Council are authorized and

encouraged to enter into cooperative agreements with Federal

agencies, with State and local agencies, and with Native

Corporations providing for mutual consultation, review, and

coordination of resource management plans and programs within such

zones.

(2) With respect to lands, waters, and interests therein which

are subject to a cooperative agreement in accordance with this

subsection, the Secretary, in addition to any requirement of

applicable law, may provide technical and other assistance to the

landowner with respect to fire control, trespass control, law

enforcement, resource use, and planning. Such assistance may be

provided without reimbursement if the Secretary determines that to

do so would further the purposes of the cooperative agreement and

would be in the public interest.

(3) Cooperative agreements established pursuant to this section

shall include a plan for public participation consistent with the

guidelines established by the Council pursuant to subsection (m) of

this section.

(k) Nonacceptance of Council recommendations

If any Federal or State agency does not accept a recommendation

made by the Council pursuant to subsection (i) or (j) of this

section, such agency, within thirty days of receipt of the

recommendation, shall inform the Council, in writing, of its reason

for such action.

(l) Termination

Unless extended by the Congress, the Council shall terminate ten

years after December 2, 1980. No later than one year prior to its

termination date, the Cochairmen shall submit in writing to the

Congress a report on the accomplishments of the Council together

with their recommendations as to whether the Council should be

extended or any other recommendations for legislation or other

action which they determine should be taken following termination

of the Council to continue carrying out the purposes for which the

Council was established.

(m) Public participation

The Council shall establish and implement a public participation

program to assist the Council to carry out its responsibilities and

functions under this section. Such program shall include, but is

not limited to -

(1) A committee of land-use advisors appointed by the

Cochairmen 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. To the maximum extent

practicable, the membership of the committee shall provide a

balanced mixture of national, State, and local perspective and

expertise on land and resource use issues; and

(2) A system for (A) the identification of persons and

communities, in rural and urban Alaska, who or which may be

directly or significantly affected by studies conducted, or

advice and recommendations given by the Council pursuant to this

section, and (B) guidelines for, and implementation of, a system

for effective public participation by such persons or communities

in the development of such studies, advice and recommendations by

the Council.

-SOURCE-

(Pub. L. 96-487, title XII, Sec. 1201, Dec. 2, 1980, 94 Stat.

2466.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (f)(3), (5) and (i)(2)(A)(i),

(ii), and (iii), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as

amended, known as the Alaska National Interest Lands Conservation

Act. For complete classification of this Act to the Code, see Short

Title note set out under section 3101 of this title and Tables.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(g) of this section relating to submitting report to Congress no

later than February 1 of each calendar year, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 154 of House Document No.

103-7.

-CITE-

16 USC Sec. 3182 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER V - FEDERAL-STATE COOPERATION

-HEAD-

Sec. 3182. Federal Coordination Committee

-STATUTE-

There is hereby established 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. Such Committee shall meet at least once every four

months in order to coordinate those programs and functions of their

respective agencies which could affect the administration of lands

and resources in Alaska. The Federal Cochairman shall be the

Chairman of the Committee. He shall be responsible for formulating

an agenda for each meeting, after consultation with the other

agency heads referred to herein, for providing any necessary staff

support, and for preparing a brief summary of the disposition of

matters discussed at each meeting. Such summary shall be published

in the Federal Register.

-SOURCE-

(Pub. L. 96-487, title XII, Sec. 1202, Dec. 2, 1980, 94 Stat.

2470.)

-CITE-

16 USC Sec. 3183 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER V - FEDERAL-STATE COOPERATION

-HEAD-

Sec. 3183. Bristol Bay Cooperative Region

-STATUTE-

(a) Definitions

For purposes of this section -

(1) The term ''Governor'' means the Governor of the State of

Alaska.

(2) The term ''region'' means the land (other than any land

within the National Park System) within the Bristol Bay

Cooperative Region as generally depicted on the map entitled

''Bristol Bay-Alaska Peninsula'', dated October 1979.

(b) Purpose

The purpose of this section is to provide for the preparation and

implementation of a comprehensive and systematic cooperative

management plan (hereinafter in this section referred to as the

''plan''), agreed to by the United States and the State -

(1) to conserve the fish and wildlife and other significant

natural and cultural resources within the region;

(2) to provide for the rational and orderly development of

economic resources within the region in an environmentally sound

manner;

(3) to provide for such exchanges of land among the Federal

Government, the State, and other public or private owners as will

facilitate the carrying out of paragraphs (1) and (2);

(4) to identify any further lands within the region which are

appropriate for selections by the State under section 6 of the

Alaska Statehood Act and this Act; and

(5) to identify any further lands within the region which may

be appropriate for congressional designation as national

conservation system units.

(c) Federal-State cooperation in preparation of plans

(1) If within three months after December 2, 1980, the Governor

notifies the Secretary that the State wishes to participate in the

preparation of the plan, and that the Governor will, to the extent

of his authority, manage State lands within the region to conserve

fish and wildlife during such preparation, the Secretary and the

Governor shall undertake to prepare the plan which shall contain

such provisions as are necessary and appropriate to achieve the

purposes set forth in subsection (b) of this section, including but

not limited to -

(A) the identification of the significant resources of the

region;

(B) the identification of present and potential uses of land

within the region;

(C) the identification of areas within the region according to

their significant resources and the present or potential uses

within each such area;

(D) the identification of land (other than any land within the

National Park System) which should be exchanged in order to

facilitate the conserving of fish and wildlife and the management

and development of other resources within the region; and

(E) the specification of the uses which may be permitted in

each area identified under paragraph (C) and the manner in which

these uses shall be regulated by the Secretary or the State, as

appropriate, if such plan is approved.

(2) The plan shall also -

(A) specify those elements of the plan, and its implementation,

which the Secretary or the Governor:

(i) may modify without prior approval of both parties to the

plan; and

(ii) may not modify without such prior approval; and

(B) include a description of the procedures which will be used

to make modifications to which paragraph (A)(i) applies.

(d) Action by Secretary if State does not participate in plan

If -

(1) the Secretary does not receive notification under

subsection (c) of this section that the State will participate in

the preparation of the plan; or

(2) after the State agrees to so participate, the Governor

submits to the Secretary written notification that the State is

terminating its participation;

the Secretary shall prepare a plan containing the provisions

referred to in subsection (c)(1) of this section (and containing a

specification of those elements in the plan which the Secretary may

modify without prior approval of Congress), and submit copies of

such plan to the Congress, as provided in subsection (e)(2) of this

section, within three years after December 2, 1980.

(e) Taking effect of plan

(1) If within three years after December 2, 1980, a plan has been

prepared under subsection (c) of this section which is agreed to by

the Secretary and the Governor, the plan shall take effect with

respect to the United States and the State.

(2) If the plan prepared pursuant to this section is agreed to by

the Secretary and the Governor includes any recommendations

regarding (i) the exchange of State lands, (ii) the management of

Federal lands within any conservation system unit, or (iii) any

other actions which require the approval of either the Congress or

the Alaska State Legislature, then the Secretary and the Governor

shall submit to the Congress and the State Legislature as

appropriate, their proposals for legislation necessary to carry out

the recommendations contained in the plan.

(f) Transitional provisions

On December 2, 1980, and for a period of three years thereafter,

all Federal land within the region (except that land conveyed by

title IX of this Act to the State of Alaska and Federal lands

located within the boundaries of conservation system units) shall

be withdrawn from all forms of appropriation under the public land

laws, including selections by the State, and from location and

entry under the mining laws and from leasing under the Mineral

Leasing Act (30 U.S.C. 181 et seq.), and shall be managed by the

Bureau of Land Management under its existing statutory authority

and consistent with provisions of this section.

-SOURCE-

(Pub. L. 96-487, title XII, Sec. 1203, Dec. 2, 1980, 94 Stat.

2470.)

-REFTEXT-

REFERENCES IN TEXT

Section 6 of the Alaska Statehood Act, referred to in subsec.

(b)(4), is section 6 of Pub. L. 85-508, July 7, 1958, 72 Stat. 399,

which is set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions.

This Act, referred to in subsecs. (b)(4) and (f), is Pub. L.

96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the

Alaska National Interest Lands Conservation Act. Title IX of this

Act enacted sections 1631 to 1638 of Title 43, Public Lands,

amended sections 1614 and 1620 of Title 43, and amended provisions

set out as notes under section 1611 of Title 43 and preceding

section 21 of Title 48, Territories and Insular Possessions. For

complete classification of this Act to the Code, see Short Title

note set out under section 3101 of this title and Tables.

The public land laws, referred to in subsec. (f), are classified

generally to Title 43.

The mining laws, referred to in subsec. (f), are classified

generally to Title 30, Mineral Lands and Mining.

The Mineral Leasing Act, referred to in subsec. (f), is act Feb.

25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified

generally to chapter 3A (Sec. 181 et seq.) of Title 30. For

complete classification of this Act to the Code, see Short Title

note set out under section 181 of Title 30 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1276 of this title.

-CITE-

16 USC SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

.

-HEAD-

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-CITE-

16 USC Sec. 3191 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3191. Management plans

-STATUTE-

(a) Development; transmittal to Congressional committees

Within five years from December 2, 1980, the Secretary shall

develop and transmit to the appropriate Committees of the Congress

a conservation and management plan for each of the units of the

National Park System established or to which additions are made by

this Act.

(b) National Park service plan requirements

Each plan for a unit established, redesignated, or expanded by

subchapter LIX-F of chapter 1 of this title shall identify

management practices which will carry out the policies of this Act

and will accomplish the purposes for which the concerned National

Park System unit was established or expanded and shall include at

least the following:

(1) Maps indicating areas of particular importance as to

wilderness, natural, historical, wildlife, cultural,

archeological, paleontological, geological, recreational, and

similar resources and also indicating the areas into which such

unit will be divided for administrative purposes.

(2) A description of the programs and methods that will be

employed to manage fish and wildlife resources and habitats,

cultural, geological, recreational, and wilderness resources, and

how each conservation system unit will contribute to overall

resources management goals of that region. Such programs should

include research, protection, restoration, development, and

interpretation as appropriate.

(3) A description of any areas of potential or proposed

development, indicating types of visitor services and facilities

to be provided, the estimated costs of such services and

facilities, and whether or not such services and facilities could

and should be provided outside the boundaries of such unit.

(4) A plan for access to, and circulation within, such unit,

indicating the type and location of transportation routes and

facilities, if any.

(5) A description of the programs and methods which the

Secretary plans to use for the purposes of (A) encouraging the

recognition and protection of the culture and history of the

individuals residing, on December 2, 1980, in such unit and areas

in the vicinity of such unit, and (B) providing and encouraging

employment of such individuals.

(6) A plan for acquiring land with respect to such unit,

including proposed modifications in the boundaries of such unit.

(7) A description (A) of privately owned areas, if any, which

are within such unit, (B) of activities carried out in, or

proposed for, such areas, (C) of the present and potential

effects of such activities on such unit, (D) of the purposes for

which such areas are used, and (E) of methods (such as

cooperative agreements and issuance or enforcement of

regulations) of controlling the use of such activities to carry

out the policies of this Act and the purposes for which such unit

is established or expanded.

(8) A plan indicating the relationship between the management

of such unit and activities being carried out in, or proposed

for, surrounding areas and also indicating cooperative agreements

which could and should be entered into for the purpose of

improving such management.

(c) Consideration of factors

In developing, preparing, and revising a plan under this section

the Secretary shall 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 in such unit activities which they have traditionally

or historically performed in such unit.

(4) Activities being carried out in areas adjacent to, or

surrounded by, the concerned unit.

(d) Hearing and participation

In developing, preparing, and revising a plan under this section

the Secretary shall hold at least one public hearing in the

vicinity of the concerned conservation unit, hold at least one

public hearing in a metropolitan area of Alaska, and, to the extent

practicable, permit the following persons to participate in the

development, preparation, and revision of such plan:

(1) The Alaska Land Use Council and officials of Federal

agencies whose activities will be significantly affected by

implementation of such plan.

(2) Officials of the State and of political subdivisions of the

State whose activities will be significantly affected by

implementation of such plan.

(3) Officials of Native Corporations which will be

significantly affected by implementation of such plan.

(4) Concerned local, State, and National organizations and

interested individuals.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1301, Dec. 2, 1980, 94 Stat.

2472.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (b), is Pub. L. 96-487,

Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska

National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

Subchapter LIX-F of chapter 1 of this title, referred to in

subsec. (b), commences with section 410hh of this title.

-CITE-

16 USC Sec. 3192 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3192. Land acquisition authority

-STATUTE-

(a) General authority

Except as provided in subsections (b) and (c) of this section,

the Secretary is authorized, consistent with other applicable law

in order to carry out the purposes of this Act, to acquire by

purchase, donation, exchange, or otherwise any lands within the

boundaries of any conservation system unit other than National

Forest Wilderness.

(b) Restrictions

Lands located within the boundaries of a conservation system unit

which are owned by -

(A) the State or a political subdivision of the State;

(B) a Native Corporation or Native Group which has Natives as a

majority of its stockholders;

(C) the actual occupant of a tract, title to the surface estate

of which was on, before, or after December 2, 1980, conveyed to

such occupant pursuant to section 1613(c)(1) and (h)(5) of title

43, unless the Secretary determines that the tract is no longer

occupied for the purpose described in section 1613(c)(1) or

(h)(5) of title 43 for which the tract was conveyed and that

activities on the tract are or will be detrimental to the

purposes of the unit in which the tract is located; or

(D) a spouse or lineal descendant of the actual occupant of a

tract described in subparagraph (C), unless the Secretary

determines that activities on the tract are or will be

detrimental to the purposes of the unit in which the tract is

located -

may not be acquired by the Secretary without the consent of the

owner.

(c) Exchanges

Lands located within the boundaries of a conservation system unit

(other than National Forest Wilderness) which are owned by persons

or entities other than those described in subsection (b) of this

section shall not be acquired by the Secretary without the consent

of the owner unless prior to final judgment on the value of the

acquired land, the owner, after being offered appropriate land of

similar characteristics and like value (if such land is available

from public lands located outside the boundaries of any

conservation system unit), chooses not to accept the exchange. In

identifying public lands for exchange pursuant to this subsection,

the Secretary shall consult with the Alaska Land Use Council.

(d) Improved property

No improved property shall be acquired under subsection (a) of

this section without the consent of the owner unless the Secretary

first determines that such acquisition is necessary to the

fulfillment of the purposes of this Act or to the fulfillment of

the purposes for which the concerned conservation system unit was

established or expanded.

(e) Retained rights

The owner of an improved property on the date of its acquisition,

as a condition of such acquisition, may retain for himself, his

heirs and assigns, a right of use and occupance of the improved

property for noncommercial residential or recreational purposes, as

the case may be, for a definite term of not more than twenty-five

years, or in lieu thereof, for a term ending at the death of the

owner or the death of his spouse, whichever is later. The owner

shall elect the term to be reserved. Unless the property is wholly

or partially donated, the Secretary shall pay to the owner the fair

market value of the owner's interest in the property on the date of

its acquisition, less the fair market value on that date of the

right retained by the owner. A right retained by the owner

pursuant to this section shall be subject to termination by the

Secretary upon his determination that such right is being exercised

in a manner inconsistent with the purposes of this Act, and it

shall terminate by operation of law upon notification by the

Secretary to the holder of the right of such determination and

tendering to him the amount equal to the fair market value of that

portion which remains unexpired.

(f) ''Improved property'' defined

For the purposes of this section, the term ''improved property''

means -

(1) a detached single family dwelling, the construction of

which was begun before January 1, 1980 (hereinafter referred to

as the ''dwelling''), together with the land on which the

dwelling is situated to the extent that such land -

(A) is in the same ownership as the dwelling or is Federal

land on which entry was legal and proper, and

(B) is designated by the Secretary to be necessary for the

enjoyment of the dwelling for the sole purpose of noncommercial

residential use, together with any structures necessary to the

dwelling which are situated on the land so designated, or

(2) property developed for noncommercial recreational uses,

together with any structures accessory thereto which were so used

on or before January 1, 1980, to the extent that entry onto such

property was legal and proper.

In determining when and to what extent a property is to be

considered an ''improved property'', the Secretary shall take into

consideration the manner of use of such buildings and lands prior

to January 1, 1980, and shall designate such lands as are

reasonably necessary for the continued enjoyment of the property in

the same manner and to the same extent as existed before such date.

(g) Consideration of hardship

The Secretary shall give prompt and careful consideration to any

offer made by the owner of any property within a conservation

system unit to sell such property, if such owner notifies the

Secretary that the continued ownership is causing, or would result

in, undue hardship.

(h) Exchange authority

(1) Notwithstanding any other provision of law, in acquiring

lands for the purposes of this Act, the Secretary is authorized to

exchange lands (including lands within conservation system units

and within the National Forest System) or interests therein

(including Native selection rights) with the corporations organized

by the Native Groups, Village Corporations, Regional Corporations,

and the Urban Corporations, and other municipalities and

corporations or individuals, the State (acting free of the

restrictions of section 6(i) of the Alaska Statehood Act), or any

Federal agency. Exchanges shall be on the basis of equal value,

and either party to the exchange may pay or accept cash in order to

equalize the value of the property exchanged, except that if the

parties agree to an exchange and the Secretary determines it is in

the public interest, such exchanges may be made for other than

equal value.

(2) Nothing in this Act or any other provision of law shall be

construed as authorizing the Secretary to convey, by exchange or

otherwise, lands or interest in lands within the coastal plain of

the Arctic National Wildlife Refuge (other than land validly

selected prior to July 28, 1987), without prior approval by Act of

Congress.

(i) Donation or exchange

(1) The Secretary is authorized to acquire by donation or

exchange, lands (A) which are contiguous to any conservation system

unit established or expanded by this Act, and (B) which are owned

or validly selected by the State of Alaska.

(2) Any such lands so acquired shall become a part of such

conservation system unit.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1302, Dec. 2, 1980, 94 Stat.

2474; Pub. L. 100-395, title II, Sec. 201, Aug. 16, 1988, 102 Stat.

981.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a), (d), (e), (h), and (i)(1),

is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known

as the Alaska National Interest Lands Conservation Act. For

complete classification of this Act to the Code, see Short Title

note set out under section 3101 of this title and Tables.

Section 6(i) of the Alaska Statehood Act, referred to in subsec.

(h)(1), is section 6(i) of Pub. L. 85-508, July 7, 1958, 72 Stat.

339, which is set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions.

-MISC2-

AMENDMENTS

1988 - Subsec. (h). Pub. L. 100-395 designated existing

provisions as par. (1) and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 1636.

-CITE-

16 USC Sec. 3192a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3192a. Restrictions on use of appropriated funds

-STATUTE-

Notwithstanding any other provision of law, none of the funds

provided in this Act or any other Act hereafter enacted may be used

by the Secretary of the Interior, except with respect to land

exchange costs and costs associated with the preparation of land

acquisitions, in the acquisition of State, private, or other

non-federal lands (or any interest therein) in the State of Alaska,

unless, in the acquisition of any State, private, or other

non-federal lands (or interest therein) in the State of Alaska, the

Secretary seeks to exchange unreserved public lands before

purchasing all or any portion of such lands (or interest therein)

in the State of Alaska.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(e) (title I, Sec. 127), Oct.

21, 1998, 112 Stat. 2681-231, 2681-261.)

-COD-

CODIFICATION

Section was enacted as part of Department of the Interior and

Related Agencies Appropriations Act, 1999, and also as part of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999, and not as part of Alaska National Interest Lands

Conservation Act which comprises this chapter.

-CITE-

16 USC Sec. 3193 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3193. Use of cabins and other sites of occupancy on

conservation system units

-STATUTE-

(a) Improved property on National Park System lands

(1) On public lands within the boundaries of any unit of the

National Park System created or enlarged by this Act, cabins or

other structures existing prior to December 18, 1973, may be

occupied and used by the claimant to these structures pursuant to a

renewable, nontransferable permit. Such use and occupancy shall be

for terms of five years each: Provided, That the claimant of the

structure by application:

(A) Reasonably demonstrates by affidavit, bill of sale or other

documentation, proof of possessory interest or right of occupancy

in the cabin or structure;

(B) Submits a sketch or photograph of the cabin or structure

and a map showing its geographic location;

(C) Agrees to vacate the cabin and to remove all personal

property from the cabin or structure upon expiration of the

permit; and

(D) Acknowledges in the permit that the applicant has no

interest in the real property on which the cabin or structure is

located.

(2) On public lands within the boundaries of any unit of the

National Park System created or enlarged by this Act, cabins or

other structures, 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. Such use and occupancy shall be for a maximum

term of one year: Provided, however, That the claimant, by

application:

(A) Reasonably demonstrates by affidavit, bill of sale, or

other documentation, proof of possessory interest or right of

occupancy in the cabin or structure;

(B) Submits a sketch or photograph of the cabin or structure

and a map showing its geographic location;

(C) Agrees to vacate the cabin or structure and to remove all

personal property from it upon expiration of the permit; and

(D) Acknowledges in the permit that the applicant has no legal

interest in the real property on which the cabin or structure is

located.

The Secretary may, on a case by case basis, subject to reasonable

regulations, extend such permit term beyond one year for such

reasons as the Secretary deems equitable and just.

(3) Cabins or other structure not under permit as specified

herein shall be used only for official government business:

Provided however, That during emergencies involving the safety of

human life or where designated for public use by the Secretary,

these cabins may be used by the general public.

(4) The Secretary may issue a permit under such conditions as he

may prescribe for the temporary use, occupancy, construction and

maintenance of new cabins or other structures if he determines that

the use is necessary to reasonably accommodate subsistence uses or

is otherwise authorized by law.

(b) Improved property on other units or areas established or

expanded by this Act

The following conditions shall apply regarding the construction,

use and occupancy of cabins and related structures on Federal lands

within conservation system units or areas not provided for in

subsection (a) of this section:

(1) The construction of new cabins is prohibited except as may

be authorized pursuant to a nontransferable, five-year special

use permit issued by the Secretary. Such special use permit shall

only be issued upon a determination that the proposed use,

construction, and maintenance of a cabin is compatible with the

purposes for which the unit or area was established and that the

use of the cabin is either directly related to the administration

of the unit or area or is necessary to provide for a continuation

of an ongoing activity or use otherwise allowed within the unit

or area where the permit applicant has no reasonable alternative

site for constructing a cabin. No special use permit shall be

issued to authorize the construction of a cabin for private

recreational use.

(2) Traditional and customary uses of existing cabins and

related structures on Federal lands within a unit or area may be

allowed to continue in accordance with a nontransferable,

renewable five-year special use permit issued by the Secretary.

Such special use permit shall be issued only upon a determination

that the traditional and customary uses are compatible with the

purposes for which the unit or area was established. No special

use permits shall be issued to authorize the use of an existing

cabin constructed for private recreational use.

(3) No special use permit shall be issued under paragraphs (1)

or (2) of this subsection unless the permit applicant:

(A) In the case of existing cabins or structures, reasonably

demonstrates by affidavit, bill of sale or other documentation,

proof of possessory interests or right of occupancy in the

cabin or structure;

(B) Submits a sketch or photograph of the existing or

proposed cabin or structure and a map showing its geographic

location;

(C) Agrees to vacate the cabin or structure and to remove

within a reasonable time period established by the Secretary,

all personal property from it upon nonrenewal or revocation of

the permit; and

(D) Acknowledges in the permit application that the applicant

has no interest in the real property on which the cabin or

structure is located or will be constructed.

(4) The United States shall retain ownership of all new cabins

and related structures on Federal lands within a unit or area

specified in this subsection, and no proprietary rights or

privileges shall be conveyed through the issuance of the special

use permit authorized by paragraphs (1) or (2) of this

subsection. Cabins or other structures not under permit shall be

used only for official Government business: Provided, however,

That during emergencies involving the safety of human life or

where designated for public use by the unit or area manager, such

cabins may be used by the general public.

(c) Permits to be renewed for life of claimant and immediate family

(1) Whenever issuance of a nontransferable renewable five-year

special use permit is authorized by subsections (a) or (b) of this

section, said permit shall be renewed every five years until the

death of the last immediate family member of the claimant residing

in the cabin or structure, or unless the Secretary has revoked the

special use permit in accordance with the criteria established in

this section.

(2) Notwithstanding any other provision of this section, the

Secretary, after notice and hearing, may revoke a permit provided

for in this section if he determines, on the basis of substantial

evidence in the administrative record as a whole, that the use

under the permit is causing or may cause significant detriment to

the principal purposes for which the unit was established.

(d) Existing cabin leases or permits

Nothing in this Act shall preclude the renewal or continuation of

valid leases or permits in effect on December 2, 1980, for cabins,

homesites, or similar structures on Federal lands. Unless the

Secretary, or in the case of national forest lands, the Secretary

of Agriculture, issues specific findings following notice and an

opportunity for the lease-holder or permittee to respond, that

renewal or continuation of such valid permit or lease constitutes a

direct threat to or a significant impairment to the purposes for

which a conservation system unit was established (in the case of a

structure located within a conservation system unit) or the public

domain or national forest (in case of a structure located outside

conservation system units), he shall renew such valid leases or

permits upon their expiration in accordance with the provisions of

the original lease or permit, subject to such reasonable

regulations as he may prescribe. Subject to the provisions of the

original lease or permit, nothing in this Act or subsection shall

necessarily preclude the appropriate Secretary from transferring

such a lease or permit to another person at the election or death

of the original permittee or leasee.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1303, Dec. 2, 1980, 94 Stat.

2476.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(1), (2), (b), and (d), is

Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as

the Alaska National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6211 of this title.

-CITE-

16 USC Sec. 3194 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3194. Archeological and paleontological sites

-STATUTE-

Notwithstanding any acreage or boundary limitations contained in

this Act with respect to the Cape Krusenstern National Monument,

the Bering Land Bridge National Preserve, the Yukon-Charley Rivers

National Preserve, and the Kobuk Valley National Park, the

Secretary may designate Federal lands or he may acquire by purchase

with the consent of the owner, donation, or exchange any

significant archeological or paleontological site in Alaska located

outside of the boundaries of such areas and containing resources

which are closely associated with any such area. If any such site

is so designated or acquired, it shall be included in and managed

as part of such area. Not more than seven thousand five hundred

acres of land may be designated or acquired under this section for

inclusion in any single area. Before designation or acquisition of

any property in excess of one hundred acres under the provisions of

this section, the Secretary shall -

(1) submit notice of such proposed designation or acquisition

to the appropriate committees of the Congress; and

(2) publish notice of such proposed designation or acquisition

in the Federal Register.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1304, Dec. 2, 1980, 94 Stat.

2478.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in provision preceding par. (1), is Pub. L.

96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the

Alaska National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

-CITE-

16 USC Sec. 3195 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3195. Cooperative information and education centers

-STATUTE-

The Secretary is authorized in consultation with other Federal

agencies, to investigate and plan for an information and education

center for visitors to Alaska on not to exceed one thousand acres

of Federal land at a site adjacent to the Alaska Highway, and to

investigate and plan for similar centers in Anchorage and

Fairbanks, Alaska. For the purposes of this investigation, the

Secretary shall seek participation in the program planning and/or

operation of such centers from appropriate agencies of the State of

Alaska, and he is authorized to accept contributions of funds,

personnel, and planning and program assistance from such State

agencies, other Federal agencies, and Native representatives. The

Secretary of Agriculture is authorized to investigate and plan for,

in a similar manner, an information and education center for

visitors to Alaska in either Juneau, Ketchikan, or Sitka, Alaska.

No information center shall be developed pursuant to investigations

and plans conducted under authority of this section unless and

until such development is specifically authorized by Congress.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1305, Dec. 2, 1980, 94 Stat.

2478.)

-MISC1-

AUTHORIZATION OF APPROPRIATIONS; PURPOSES OF CENTER; OPERATION OF

CENTER; DEVELOPMENT PLANS

Pub. L. 99-664, Sec. 11, Nov. 17, 1986, 100 Stat. 4308, provided

that:

''(a) Authorization. - There is hereby authorized to be

appropriated $250,000 to be used by the Secretary of Agriculture to

conduct surveys, develop designs, and carry out other preliminary

work related to the establishment of an Information and Education

Center provided for in section 1305 of Public Law 96-487 (16 U.S.C.

3195).

''(b) Purposes. - The purposes of the Center authorized by

subsection (a) shall be -

''(1) to collect and disseminate to visitors to and residents

of Alaska information about the natural, recreational, cultural,

historical, archeological, multiple use, and other resources and

values of Alaska, with special emphasis on the Tongass National

Forest and Southeast Alaska and its people;

''(2) to publicly display temporary and permanent exhibits

illustrating and interpreting these resources and values;

''(3) to foster educational programs relating to the heritage

resources of Alaska including those pertaining to Alaska Native

peoples with particular emphasis on the Haida, Tshimshian, and

Tglingit peoples of Southeast Alaska.

''(c) Design. - Design of the center in subsection (a) shall be

developed in consultation with other appropriate Federal agencies,

the Alaska Division of Tourism and other appropriate agencies of

the State of Alaska, the local government of the city in which such

center is to be located, and southeast Alaska Native organizations.

''(d) Consultation. - In establishing, operating, and maintaining

the center (and any affiliated branches), the Secretary of

Agriculture shall consult with, in addition to those listed in

subsection (c), Alaska colleges and universities, the National

Historic Association of Alaska, the Alaska Federation of Natives,

and appropriate individuals and other organizations concerned with

the diverse heritage resources of Alaska.

''(e) Cooperative Agreements. - The Secretary of Agriculture is

authorized to enter into cooperative agreements with those

individuals and organizations listed in subsections (c) and (d) to

facilitate carrying out the purposes of the Center.

''(f) Development Plan. - Within one year after the date of

enactment of this Act (Nov. 17, 1986), and after consultation with

the individuals and organizations listed in subsections (c) and

(d), the Secretary of Agriculture shall submit to Congress a

development plan for the Center along with an estimate of the

cost.''

-CITE-

16 USC Sec. 3196 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3196. Administrative sites and visitor facilities

-STATUTE-

(a) Establishment

In conformity with the conservation and management plans prepared

for each unit and the purposes of assuring the preservation,

protection, and proper management of any conservation system unit,

the Secretary may establish sites and visitor facilities -

(1) within the unit, if compatible with the purposes for which

the unit is established, expanded, or designated by this Act, and

the other provisions of this Act, or

(2) outside the boundaries of, and in the vicinity of, the

unit.

To the extent practicable and desirable, the Secretary shall

attempt to locate such sites and facilities on Native lands in the

vicinity of the unit.

(b) Authorities of Secretary

For the purpose of establishing administrative sites and visitor

facilities under subsection (a) of this section -

(1) the Secretary and the head of the Federal agency having

primary authority over the administration of any Federal land

which the Secretary determines is suitable for use in carrying

out such purpose may enter into agreements permitting the

Secretary to use such land for such purposes;

(2) notwithstanding any other provision of law, the Secretary,

under such terms and conditions as he determines are reasonable,

may lease or acquire by purchase, donation, exchange, or any

other method (except condemnation) real property (other than

Federal land), office space, housing, and other necessary

facilities which the Secretary determines to be suitable for

carrying out such purposes; and

(3) the Secretary may construct, operate, and maintain such

permanent and temporary buildings and facilities as he deems

appropriate on land which is within, or in the vicinity of, any

conservation system unit and with respect to which the Secretary

has acquired authority under this subsection to use the property

for the purpose of establishing an administrative site or visitor

facility under subsection (a) of this section, except that the

Secretary may not begin construction of buildings and facilities

on land not owned by the United States until the owner of such

land has entered into an agreement with the Secretary, the terms

of which assure the continued use of such buildings and

facilities in furtherance of the purposes of this Act.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1306, Dec. 2, 1980, 94 Stat.

2479.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(1) and (b)(3), is Pub. L.

96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the

Alaska National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

-CITE-

16 USC Sec. 3197 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3197. Revenue-producing visitor services

-STATUTE-

(a) Continuation of existing visitor services

Notwithstanding any other provision of law, the Secretary, under

such terms and conditions as he determines are reasonable, shall

permit any persons who, on or before January 1, 1979, were engaged

in adequately providing any type of visitor service within any area

established as or added to a conservation system unit to continue

providing such type of service and similar types of visitor

services within such area if such service or services are

consistent with the purposes for which such unit is established or

expanded.

(b) Preference

Notwithstanding provisions of law other than those contained in

subsection (a), of this section, in selecting persons to provide

(and in contracting for the provision of) any type of visitor

service for any conservation system unit, except sport fishing and

hunting guiding activities, the Secretary -

(1) shall give preference to the Native Corporations which the

Secretary determines are most directly affected by the

establishment or expansion of such unit by or under the

provisions of this Act;

(2) shall give preference to persons whom he determines, by

rule, are local residents; and

(3) shall, consistent with the provisions of this section,

offer to Cook Inlet Region, Incorporated, in cooperation with

Village Corporations within the Cook Inlet Region when

appropriate, 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 that right to

remain open for a period of ninety days as agreed to in paragraph

VIII of the document referred to in section 12 of the Act of

January 2, 1976 (Public Law 94-204).

(c) ''Visitor service'' defined

As used in this section, the term ''visitor service'' means any

service made available for a fee or charge to persons who visit a

conservation system unit, including such services as providing

food, accommodations, transportation, tours, and guides excepting

the guiding of sport hunting and fishing. Nothing in this Act

shall limit or affect the authority of the Federal Government or

the State of Alaska to license and regulate transportation

services.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1307, Dec. 2, 1980, 94 Stat.

2479; Pub. L. 105-333, Sec. 10, Oct. 31, 1998, 112 Stat. 3134.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (b)(1) and (c), is Pub. L.

96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the

Alaska National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

Section 12 of the Act of January 2, 1976 (Public Law 94-204),

referred to in subsec. (b)(3), is section 12 of Pub. L. 94-204,

Jan. 2, 1976, 89 Stat. 1150, which is set out as a note under

section 1611 of Title 43, Public Lands.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-333 substituted ''Native

Corporations'' for ''Native Corporation'' and ''are most directly

affected'' for ''is most directly affected''.

-CITE-

16 USC Sec. 3198 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3198. Local hire

-STATUTE-

(a) Program

After consultation with the Office of Personnel Management, the

Secretary shall establish a program under which any individual who,

by reason of having lived or worked in or near public lands, has

special knowledge or expertise concerning the natural or cultural

resources of public lands and the management thereof (as determined

by the Secretary) shall be considered for selection for any

position within public lands without regard to -

(1) any provision of the civil service laws or regulations

thereunder which require minimum periods of formal training or

experience,

(2) any such provision which provides an employment preference

to any other class of applicant is such selection, and

(3) any numerical limitation on personnel otherwise applicable.

Individuals appointed under this subsection shall not be taken into

account in applying any personnel limitation described in paragraph

(3).

(b) Preference eligibles within local hire

Notwithstanding the provisions of subsection (a) of this section,

any individual who is eligible to be selected for a position under

the provisions of subsection (a) of this section and is a

preference eligible as defined in section 2108(3) of title 5 shall

be given an employment preference, consistent with the preference

in the competitive service as defined in section 2102 of such title

for which such person is eligible under subchapter I of chapter 33

of such title, in selection to such position.

(c) Reports

The Secretary shall from time to time prepare and submit to the

Congress reports indicating the actions taken in carrying out the

provisions of subsection (a) of this section together with any

recommendations for legislation in furtherance of the purposes of

this section.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1308, Dec. 2, 1980, 94 Stat.

2480; Pub. L. 100-689, title IV, Sec. 401, Nov. 18, 1988, 102 Stat.

4177; Pub. L. 102-415, Sec. 16, Oct. 14, 1992, 106 Stat. 2124.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a)(1), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-MISC2-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-415 substituted ''public lands''

for ''a conservation system unit'' and substituted ''public lands''

for ''such unit'' in two places.

1988 - Subsecs. (b), (c). Pub. L. 100-689 added subsec. (b) and

redesignated former subsec. (b) as (c).

PILOT PROGRAM

Pub. L. 106-488, Sec. 2, Nov. 9, 2000, 114 Stat. 2205, provided

that:

''(a) In furtherance of the goals of sections 1307 and 1308 of

the Alaska National Interest Lands Conservation Act (16 U.S.C.

3197, 3198) and the provisions of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary (of

the Interior) shall -

''(1) implement pilot programs to employ residents of local

communities at the following units of the National Park System

located in northwest Alaska -

''(A) Bering Land Bridge National Preserve,

''(B) Cape Krusenstern National Monument,

''(C) Kobuk Valley National Park, and

''(D) Noatak National Preserve; and

''(2) report on the results of the programs within one year to

the Committee on Energy and Natural Resources of the United

States (Senate) and the Committee on Resources of the House of

Representatives.

''(b) In implementing the programs, the Secretary shall consult

with the Native Corporations, nonprofit organizations, and Tribal

entities in the immediate vicinity of such units and shall also, to

the extent practicable, involve such groups in the development of

interpretive materials and the pilot programs relating to such

units.''

LOCAL HIRE REPORT

Pub. L. 105-333, Sec. 11, Oct. 31, 1998, 112 Stat. 3135, provided

that:

''(a) In General. - Not later than 18 months after the date of

enactment of this Act (Oct. 31, 1998), the Secretary of the

Interior shall transmit to Congress a report.

''(b) Local Hire. - The report required by subsection (a) shall -

''(1) indicate the actions taken in carrying out subsection (b)

of section 1308 of the Alaska National Interest Lands

Conservation Act (16 U.S.C. 3198);

''(2) address the recruitment processes that may restrict

employees hired under subsection (a) of such section from

successfully obtaining positions in the competitive service; and

''(3) describe the actions of the Secretary of the Interior in

contracting with Alaska Native Corporations to provide services

with respect to public lands in Alaska.

''(c) Cooperation. - The Secretary of Agriculture shall cooperate

with the Secretary of the Interior in carrying out this section

with respect to the Forest Service.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 2302.

-CITE-

16 USC Sec. 3199 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3199. Navigation aids and other facilities

-STATUTE-

(a) Existing facilities

Within conservation system units established or expanded by this

Act, reasonable access to, and operation and maintenance of,

existing air and water navigation aids, communications sites and

related facilities and existing facilities for weather, climate,

and fisheries research and monitoring shall be permitted in

accordance with the laws and regulations applicable to units of

such systems, as appropriate. Reasonable access to and operation

and maintenance of facilities for national defense purposes and

related air and water navigation aids within or adjacent to such

areas shall continue in accordance with the laws and regulations

governing such facilities notwithstanding any other provision of

this Act. Nothing in the Wilderness Act (16 U.S.C. 1131 et seq.)

shall be deemed to prohibit such access, operation and maintenance

within wilderness areas designated by this Act.

(b) New facilities

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 shall be permitted

but only (1) after consultation with the Secretary or the Secretary

of Agriculture, as appropriate, by the head of the Federal

department or agency undertaking such establishment, operation, or

maintenance, and (2) in accordance with such terms and conditions

as may be mutually agreed in order to minimize the adverse effects

of such activities within such unit.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1310, Dec. 2, 1980, 94 Stat.

2481.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

The Wilderness Act, referred to in subsec. (a), is Pub. L.

88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 1131 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1131 of this title and

Tables.

-CITE-

16 USC Sec. 3200 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3200. Denali Scenic Highway study

-STATUTE-

(a) Withdrawal

Subject to valid existing rights, all public lands within an

area, the centerline of which is the centerline of the Parks

Highway from the entrance to Denali National Park to the Talkeetna

junction which is one hundred and thirty-six miles south of

Cantwell, the Denali Highway between Cantwell and Paxson, the

Richardson Highway and Edgerton Highway between Paxson and Chitina,

and the existing road between Chitina and McCarthy (as those

highways and road are depicted on the official maps of the

department of transportation of the State of Alaska) and the

boundaries of which are parallel to the centerline and one mile

distant therefrom on either side, are hereby withdrawn from all

forms of entry or appropriation under the mining laws and from

operation of the mineral leasing laws of the United States. Nothing

in this section shall be construed to preclude minor road

realignment, minor road improvement, or the extraction of gravel

for such purposes from lands withdrawn or affected by the study

mandated herein.

(b) Study

During the three-year period beginning on December 2, 1980, the

Secretary shall study the desirability of establishing a Denali

Scenic Highway to consist of all or part of the lands described in

subsection (a) of this section. In conducting the studies, the

Secretary, through a study team which includes representatives of

the Secretary of Transportation, the National Park Service, the

Bureau of Land Management, the State, and of each Regional

Corporation within whose area of operation the lands described in

subsection (a) of this section are located, shall consider the

scenic and recreational values of the lands withdrawn under this

section, the importance of providing protection to those values,

the desirability of providing a symbolic and actual physical

connection between the national parks in south central Alaska, and

the desirability of enhancing the experience of persons traveling

between those parks by motor vehicles. Members of the study team

who are not Federal employees shall receive from the Secretary per

diem (in lieu of expenses) and travel allowances at the rates

provided for employees of the Bureau of Indian Affairs in Alaska in

grade GS-15.

(c) Cooperation notice: hearings

In conducting the studies required by this section, the Secretary

shall cooperate with the State and shall consult with each Village

Corporation within whose area of operation lands described in this

section are located and to the maximum extent practicable with the

owner of any lands adjoining the lands described in subsection (a)

of this section concerning the desirability of establishing a

Denali Scenic Highway. The Secretary, through the National Park

Service, shall also give such public notice of the study as he

deems appropriate, including at least publication in a newspaper or

newspapers having general circulation in the area or areas of the

lands described in subsection (a) of this section, and shall hold a

public hearing or hearings at one or more locations convenient to

the areas affected.

(d) Report

Within three years after December 2, 1980, the Secretary shall

report to the President the results of the studies carried out

pursuant to this section together with his recommendation as to

whether the scenic highway studied should be established and, if

his recommendation is to establish the scenic highway, the lands

described in subsection (a) of this section which should be

included therein. Such report shall include the views and

recommendations of all members of the study team. The President

shall advise the President of the Senate and the Speaker of the

House of Representatives of his recommendations and those of the

Governor of Alaska with respect to creation of the scenic highways,

(FOOTNOTE 1) together with maps thereof, a definition of boundaries

thereof, an estimate of costs, recommendations on administration,

and proposed legislation to create such a scenic highway, if

creation of one is recommended.

(FOOTNOTE 1) So in original. Probably should be ''highway,''.

(e) Period of withdrawal

The lands withdrawn under subsection (a) of this section shall

remain withdrawn until such time as the Congress acts on the

President's recommendation, but not to exceed two years after the

recommendation is transmitted to the Congress.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1311, Dec. 2, 1980, 94 Stat.

2481.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws and the mineral leasing laws of the United

States, referred to in subsec. (a), are classified generally to

Title 30, Mineral Lands and Mining.

GS-15, referred to in subsec. (b), is contained in the General

Schedule, which is set out under section 5332 of Title 5,

Government Organization and Employees.

-CITE-

16 USC Sec. 3201 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3201. Administration of national preserves

-STATUTE-

A National Preserve in Alaska shall be administered and managed

as a unit of the National Park System in the same manner as a

national park except as otherwise provided in this Act and except

that the taking of fish and wildlife for sport purposes and

subsistence uses, and trapping shall be allowed in a national

preserve under applicable State and Federal law and regulation.

Consistent with the provisions of section 3126 of this title,

within national preserves the Secretary may designate zones where

and periods when no hunting, fishing, trapping, or entry may be

permitted for reasons of public safety, administration, floral and

faunal protection, or public use and enjoyment. Except in

emergencies, any regulations prescribing such restrictions relating

to hunting, fishing, or trapping shall be put into effect only

after consultation with the appropriate State agency having

responsibility over hunting, fishing, and trapping activities.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1313, Dec. 2, 1980, 94 Stat.

2483.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 410hh-2 of this title.

-CITE-

16 USC Sec. 3202 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3202. Taking of fish and wildlife

-STATUTE-

(a) Responsibility and authority of State of Alaska

Nothing in this Act is intended to enlarge or diminish the

responsibility and authority of the State of Alaska for management

of fish and wildlife on the public lands except as may be provided

in subchapter II of this chapter, or to amend the Alaska

constitution.

(b) Responsibility and authority of Secretary

Except as specifically provided otherwise by this Act, nothing in

this Act is intended to enlarge or diminish the responsibility and

authority of the Secretary over the management of the public lands.

(c) Areas controlled; areas closed, exceptions

The taking of fish and wildlife in all conservation system units,

and in 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.

Those areas designated as national parks or national park system

monuments in the State shall be closed to the taking of fish and

wildlife, except that -

(1) notwithstanding any other provision of this Act, the

Secretary shall administer those units of the National Park

System, and those additions to existing units, established by

this Act and which permit subsistence uses, to provide an

opportunity for the continuance of such uses by local rural

residents; and

(2) fishing shall be permitted by the Secretary in accordance

with the provisions of this Act and other applicable State and

Federal law.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1314, Dec. 2, 1980, 94 Stat.

2484.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-CITE-

16 USC Sec. 3203 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3203. Wilderness management

-STATUTE-

(a) Application only to Alaska

The provisions of this section are enacted in recognition of the

unique conditions in Alaska. Nothing in this section shall be

construed to expand, diminish, or modify the provisions of the

Wilderness Act (16 U.S.C. 1131 et seq.) or the application or

interpretation of such provisions with respect to lands outside of

Alaska.

(b) Aquaculture

In accordance with the goal of restoring and maintaining fish

production in the State of Alaska to optimum sustained yield levels

and in a manner which adequately assures protection, preservation,

enhancement, and rehabilitation of the wilderness resource, the

Secretary of Agriculture may permit fishery research, management,

enhancement, and rehabilitation activities within national forest

wilderness and national forest wilderness study areas designated by

this Act. Subject to reasonable regulations, permanent improvements

and facilities such as fishways, fish weirs, fish ladders, fish

hatcheries, spawning channels, stream clearance, egg planting, and

other accepted means of maintaining, enhancing, and rehabilitating

fish stocks may be permitted by the Secretary to achieve this

objective. Any fish hatchery, fishpass or other aquaculture

facility authorized for any such area shall be constructed,

managed, and operated in a manner that minimizes adverse impacts on

the wilderness character of the area. Developments for any such

activities shall involve those facilities essential to these

operations and shall be constructed in such rustic manner as to

blend into the natural character of the area. Reasonable access

solely for the purposes of this subsection, including temporary use

of motorized equipment, shall be permitted in furtherance of

research, management, rehabilitation and enhancement activities

subject to reasonable regulations as the Secretary deems desirable

to maintain the wilderness character, water quality, and fish and

wildlife values of the area.

(c) Existing cabins

Previously existing public use cabins within wilderness

designated by this Act, may be permitted to continue and may be

maintained or replaced subject of such restrictions as the

Secretary deems necessary to preserve the wilderness character of

the area.

(d) New cabins

Within wilderness areas designated by this Act, the Secretary or

the Secretary of Agriculture as appropriate, is authorized to

construct and maintain a limited number of new public use cabins

and shelters if such cabins and shelters are necessary for the

protection of the public health and safety. All such cabins or

shelters shall be constructed of materials which blend and are

compatible with the immediate and surrounding wilderness

landscape. The Secretary or the Secretary of Agriculture, as

appropriate, shall notify the House Committee on Natural Resources

and the Senate Committee on Energy and Natural Resources of his

intention to remove an existing or construct a new public use cabin

or shelter.

(e) Timber contracts

The Secretary of Agriculture is hereby directed to modify any

existing national forest timber sale contracts applying to lands

designated by this Act as wilderness by substituting, to the extent

practicable, timber on the other national forest lands

approximately equal in volume, species, grade, and accessibility

for timber or relevant lands within such units.

(f) Beach log salvage

With National Forest wilderness and national forest monuments

desginated (FOOTNOTE 1) by this Act, the Secretary of Agriculture

may permit or otherwise regulate the recovery and salvage of logs

from coastlines.

(FOOTNOTE 1) So in original. Probably should be ''designated''.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1315, Dec. 2, 1980, 94 Stat.

2484; Pub. L. 103-437, Sec. 6(d)(31), Nov. 2, 1994, 108 Stat.

4584.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in subsec. (a), is Pub. L.

88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 1131 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1131 of this title and

Tables.

This Act, referred to in subsecs. (b) to (f), is Pub. L. 96-487,

Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska

National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 3204 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3204. Allowed uses

-STATUTE-

(a) Establishment and use of new facilities

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 the Secretary shall permit,

subject to reasonable regulation to insure compatibility, the

continuance of existing uses, and the future establishment, and

use, of temporary campsites, tent platforms, shelters, and other

temporary facilities and equipment directly and necessarily related

to such activities. Such facilities and equipment shall be

constructed, used, and maintained in a manner consistent with the

protection of the area in which they are located. All new

facilities shall be constructed of materials which blend with, and

are compatible with, the immediately surrounding landscape. Upon

termination of such activities and uses (but not upon regular or

seasonal cessation), such structures or facilities shall, upon

written request, be removed from the area by the permittee.

(b) Denial of proposed use or establishment

Notwithstanding the foregoing provisions, the Secretary may

determine, after adequate notice, that the establishment and use of

such new facilities or equipment would constitute a significant

expansion of existing facilities or uses which would be detrimental

to the purposes for which the affected conservation system unit was

established, including the wilderness character of any wilderness

area within such unit, and may thereupon deny such proposed use or

establishment.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1316, Dec. 2, 1980, 94 Stat.

2485.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-CITE-

16 USC Sec. 3205 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3205. General wilderness review

-STATUTE-

(a) Suitability of lands for preservation; report to President

Within five years from December 2, 1980, the Secretary shall, in

accordance with the provisions of section 1132(d) of this title

relating to public notice, public hearings, and review by State and

other agencies, review, as to their suitability or nonsuitability

for preservation as wilderness, all lands within units of the

National Park System and units of the National Wildlife Refuge

System in Alaska not designated as wilderness by this Act and

report his findings to the President.

(b) Presidential recommendations to Congress

The Secretary shall conduct his review, and the President shall

advise the United States Senate and House of Representatives of his

recommendations, in accordance with the provisions of sections

(FOOTNOTE 1) 1132(c) and (d) of this title. The President shall

advise the Congress of his recommendations with respect to such

areas within seven years from December 2, 1980.

(FOOTNOTE 1) So in original. Probably should be ''section''.

(c) Administration of units unaffected pending Congressional action

Nothing in this section shall be construed as affecting the

administration of any unit of the National Park System or unit of

National Wildlife Refuge System in accordance with this Act or

other applicable provisions of law unless and until Congress

provides otherwise by taking action on any Presidential

recommendation made pursuant to subsection (b) of this section.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1317, Dec. 2, 1980, 94 Stat.

2485.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (c), is Pub. L. 96-487,

Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska

National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

-CITE-

16 USC Sec. 3206 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3206. Statewide cultural assistance program

-STATUTE-

In furtherance of the national policy set forth in section 461 of

this title, and in furtherance of the need to protect and interpret

for the public benefit cultural and archeological resources and

objects of national significance relating to prehistoric and

historic human use and occupation of lands and waters in Alaska,

the Secretary may, upon the application of a Native Corporation or

Native Group, provide advice, assistance, and technical expertise

to the applicant in the preservation, display, and interpretation

of cultural resources, without regard as to whether title to such

resources is in the United States. Such assistance may include

making available personnel to assist in the planning, design, and

operation of buildings, facilities, and interpretive displays for

the public and personnel to train individuals in the

identification, recovery, preservation, demonstration, and

management of cultural resources.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1318, Dec. 2, 1980, 94 Stat.

2486.)

-CITE-

16 USC Sec. 3207 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3207. Effect on existing rights; water resources

-STATUTE-

Nothing in this Act shall be construed as limiting or restricting

the power and authority of the United States or -

(1) as affecting in any way any law governing appropriation or

use of, or Federal right to, water on lands within the State of

Alaska;

(2) as expanding or diminishing Federal or State jurisdiction,

responsibility, interests, or rights in water resources

development or control, or

(3) as superseding, modifying, or repealing, except as

specifically set forth in this Act, existing laws applicable to

the various Federal agencies which are authorized to develop or

participate in the development of water resources or to exercise

licensing or regulatory functions in relation thereto.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1319, Dec. 2, 1980, 94 Stat.

2486.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in provision preceding par. (1) and par.

(3), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended,

known as the Alaska National Interest Lands Conservation Act. For

complete classification of this Act to the Code, see Short Title

note set out under section 3101 of this title and Tables.

-CITE-

16 USC Sec. 3208 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3208. Authorization of appropriations; contract authority

-STATUTE-

(a) (FOOTNOTE 1) There are hereby authorized to be appropriated

such sums as many be necessary to carry out the provisions of this

Act for fiscal years beginning after the fiscal year 1980. No

authority to enter into contracts or to make payments or to expend

previously appropriated funds under this Act shall be effective

except to the extent or in such amounts as are provided in advance

in appropriation Acts.

(FOOTNOTE 1) So in original. No subsec. (b) has been enacted.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1321, Dec. 2, 1980, 94 Stat.

2487.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-CITE-

16 USC Sec. 3209 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3209. Effect on prior withdrawals

-STATUTE-

(a) Rescission of prior reservations and withdrawals; management by

Secretary and Secretary of Agriculture of lands outside

boundaries established by this Act

The withdrawals and reservations of the public lands made by

Public Land Orders No. 5653 of November 16, 1978, 5654 of November

17, 1978, Public Land Orders numbered 5696 through 5711 inclusive

of February 12, 1980, Federal Register Documents No. 34051, of

December 5, 1978 and No. 79-17803 of June 8, 1979 and Proclamations

No. 4611 through 4627, inclusive, of December 1, 1978, were

promulgated to protect these lands from selection, appropriation,

or disposition prior to December 2, 1980. As to all lands not

within the boundaries established by this Act of any conservation

system unit, national conservation area, national recreation area,

or national forest addition, the aforesaid withdrawals and

reservations are hereby rescinded on the effective date of this

Act, and such lands shall be managed by the Secretary pursuant to

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701

et seq.), or in the case of lands within a national forest, by the

Secretary of Agriculture pursuant to the laws applicable to the

national forests, unless otherwise specified by this Act. As to the

Federal lands which are within the aforesaid boundaries, the

aforesaid withdrawals and reservations are, on the effective date

of this Act, hereby rescinded and superseded by the withdrawals and

reservations made by this Act. Notwithstanding any provision to the

contrary contained in any other law, the Federal lands within the

aforesaid boundaries established by this Act shall not be deemed

available for selection, appropriation, or disposition except as

expressly provided by this Act.

(b) Effective date

This section shall become effective upon the relinquishment by

the State of Alaska of selections made on November 14, 1978,

pursuant to the Alaska Statehood Act which are located within the

boundaries of conservation system units, national conservation

areas, national recreation areas, and forest additions,

established, designated, or expanded by this Act.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1322, Dec. 2, 1980, 94 Stat.

2487.)

-REFTEXT-

REFERENCES IN TEXT

Proclamations No. 4611 through 4627, inclusive, of December 1,

1978, referred to in subsec. (a), are Procs. No. 4611 through 4627,

Dec. 1, 1978, 93 Stat. 1446-1473, which are set out as notes under

section 431 of this title.

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

The effective date of this Act, referred in to subsec. (a),

probably means the date of enactment of Pub. L. 96-487, which was

approved Dec. 2, 1980.

The Federal Land Policy and Management Act of 1976, referred to

in subsec. (a), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as

amended, which is classified principally to chapter 35 (Sec. 1701

et seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1701 of Title 43 and Tables.

The Alaska Statehood Act, referred to in subsec. (b), is Pub. L.

85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as

a note preceding section 21 of Title 48, Territories and Insular

Possessions. For complete classification of this Act to the Code,

see Tables.

-CITE-

16 USC Sec. 3210 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3210. Access by owner to nonfederally owned land

-STATUTE-

(a) Reasonable use and enjoyment of land within boundaries of

National Forest System

Notwithstanding any other provision of law, and subject to such

terms and conditions as the Secretary of Agriculture may prescribe,

the Secretary shall provide such access to nonfederally owned land

within the boundaries of the National Forest System as the

Secretary deems adequate to secure to the owner the reasonable use

and enjoyment thereof: Provided, That such owner comply with rules

and regulations applicable to ingress and egress to or from the

National Forest System.

(b) Reasonable use and enjoyment of land surrounded by public lands

managed by Secretary

Notwithstanding any other provision of law, and subject to such

terms and conditions as the Secretary of the Interior may

prescribe, the Secretary shall provide such access to nonfederally

owned land surrounded by public lands managed by the Secretary

under the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1701-82) as the Secretary deems adequate to secure to the owner the

reasonable use and enjoyment thereof: Provided, That such owner

comply with rules and regulations applicable to access across

public lands.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1323, Dec. 2, 1980, 94 Stat.

2488.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Land Policy and Management Act of 1976, referred to

in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as

amended, which is classified principally to chapter 35 (Sec. 1701

et seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1701 of Title 43 and Tables.

-CITE-

16 USC Sec. 3211 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3211. Yukon Flats National Wildlife Refuge agricultural use

-STATUTE-

Nothing in this Act or other existing law shall be construed as

necessarily prohibiting or mandating the development of

agricultural potential within the Yukon Flats National Wildlife

Refuge pursuant to existing law. The permissibility of such

development shall be determined by the Secretary on a case-by-case

basis under existing law. Any such development permitted within

the Yukon Flats National Wildlife Refuge shall 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.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1324, Dec. 2, 1980, 94 Stat.

2488.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

-CITE-

16 USC Sec. 3212 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3212. Terror Lake Hydroelectric Project in Kodiak National

Wildlife Refuge

-STATUTE-

Nothing in this Act or the National Wildlife Refuge System

Administration Act of 1966 (16 U.S.C. 668dd) shall be construed as

necessarily prohibiting or mandating the construction of the Terror

Lake Hydroelectric Project within the Kodiak National Wildlife

Refuge. The permissibility of such development shall be determined

by the Secretary on a case-by-case basis under existing law.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1325, Dec. 2, 1980, 94 Stat.

2488.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

The National Wildlife Refuge System Administration Act of 1966,

referred to in text, consists of sections 4 and 5 of Pub. L.

89-699, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified

to sections 668dd and 668ee of this title. For further details,

see Short Title note set out under section 668dd of this title.

-CITE-

16 USC Sec. 3213 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3213. Future executive branch actions

-STATUTE-

(a) No future executive branch action which withdraws more than

five thousand acres, in the aggregate, of public lands within the

State of Alaska shall be effective except by compliance with this

subsection. To the extent authorized by existing law, the

President or the Secretary may withdraw public lands in the State

of Alaska exceeding five thousand acres in the aggregate, which

withdrawal shall not become effective until notice is provided in

the Federal Register and to both Houses of Congress. Such

withdrawal shall terminate unless Congress passes a joint

resolution of approval within one year after the notice of such

withdrawal has been submitted to Congress.

(b) No further studies of Federal lands in the State of 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 shall be

conducted unless authorized by this Act or further Act of Congress.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1326, Dec. 2, 1980, 94 Stat.

2488.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

-CITE-

16 USC Sec. 3214 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3214. Alaska gas pipeline

-STATUTE-

Nothing in this Act shall be construed as imposing any additional

requirements in connection with the construction and operation of

the transportation system designated by the President and approved

by the Congress pursuant to the Alaska Natural Gas Transportation

Act of 1976 (Public Law 94-586; 90 Stat. 2903) (15 U.S.C. 719 et

seq.), or as imposing any limitations upon the authority of the

Secretary concerning such system.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1327, Dec. 2, 1980, 94 Stat.

2489.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of this

title and Tables.

The Alaska Natural Gas Transportation Act of 1976 (Public Law

94-586; 90 Stat. 2903), referred to in text, is Pub. L. 94-586,

Oct. 22, 1976, 90 Stat. 2903, as amended, which is classified

generally to chapter 15C (Sec. 719 et seq.) of Title 15, Commerce

and Trade. For complete classification of this Act to the Code, see

Short Title note set out under section 719 of Title 15 and Tables.

-CITE-

16 USC Sec. 3215 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3215. Public land entries in Alaska

-STATUTE-

(a) Application approval; adjudication; protests; voluntary

relinquishment of application

(1) Subject to valid existing rights, all applications made

pursuant to the Acts of June 1, 1938 (52 Stat. 609), (FOOTNOTE 1)

May 3, 1927 (44 Stat. 1364), (FOOTNOTE 1) May 14, 1898 (30 Stat.

413), (FOOTNOTE 1) and March 3, 1891 (26 Stat. 1097), which were

filed with the Department of the Interior within the time provided

by applicable law, and which describe land in Alaska that was

available for entry under the aforementioned statutes when such

entry occurred, are hereby approved on the one hundred and

eightieth day following the effective date of this Act, except

where provided otherwise by paragraph (3) or (4) of this

subsection, or where the land description of the entry must be

adjusted pursuant to subsection (b) of this section, in which cases

approval pursuant to the terms of this subsection shall be

effective at the time the adjustment becomes final.

(FOOTNOTE 1) See References in Text note below.

(2) Where an application describes land within the boundaries of

a unit of the National Park System or a unit of the National

Wildlife Refuge System, or a unit of the National Wilderness

Preservation System in the Tongass or Chugach National Forests

established before the effective date of this Act or by this Act,

and the described land was not withdrawn pursuant to section

11(a)(1) of the Alaska Native Claims Settlement Act (43 U.S.C.

1610(A)(1)), or where an application describes land which has been

patented or deeded to the State of Alaska or which on or before the

date of entry was validly selected by, tentatively approved,

patented, deeded or confirmed to the State of Alaska pursuant to

applicable law and was not withdrawn pursuant to section

11(a)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C.

1610(a)(1)(A)) from those lands made available for selection by

section 11(a)(2) of the Act (43 U.S.C. 1610(a)(2)) by any Native

Village certified as eligible pursuant to section 11(b) of such Act

(43 U.S.C. 1610(b)), paragraph (1) of this subsection and

subsection (c) of this section shall not apply and the application

shall be adjudicated pursuant to the requirements of the Acts

referred to in paragraph (1) of this subsection, the Alaska Native

Claims Settlement Act (43 U.S.C. 1601 et seq.), and other

applicable law.

(3) Paragraph (1) of this subsection and subsection (c) of this

section shall not apply and the application shall be adjudicated

pursuant to the requirements of the Acts referred to in paragraph

(1) of this subsection, if on or before the one hundred and

eightieth day following the effective date of the (FOOTNOTE 2) Act

-

(FOOTNOTE 2) So in original. Probably should be ''this''.

(A) a Native Corporation files a protest with the Secretary of

the Interior (the Secretary) stating that the applicant is not

entitled to the land described in the application, and said land

is withdrawn for selection by the corporation pursuant to the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or

(B) the State of Alaska files a protest with the Secretary

stating that the land described in the application is necessary

for access to lands owned by the United States, the State of

Alaska, or a political subdivision of the State of Alaska, to

resources located thereon, or to a public body of water regularly

employed for transportation purposes, and the protest states with

specificity the facts upon which the conclusions concerning

access are based and that no reasonable alternatives for access

exist; or

(C) a person or entity files a protest with the Secretary

stating that the applicant is not entitled to the land described

in the application and that said land is the situs of

improvements claimed by the person or entity; or

(D) the State of Alaska files a protest with the Secretary

respecting an entry which was made prior to a valid selection

tentative approval, patent, deed, or confirmation to the State of

Alaska pursuant to applicable law; or

(E) regarding public land entries within units of the National

Wildlife Refuge System established or expanded in this Act, any

such entry not properly made under applicable law, or not the

subject of an application filed within the time required by

applicable law, or not properly maintained thereafter under

applicable law shall be adjudicated pursuant to the Act under

which the entry was made.

(4) Paragraph (1) of this subsection and subsection (c) of this

section shall not apply to any application which was knowingly and

voluntarily relinquished by the applicant.

(b) Amendment of land description in application

An applicant may amend the land description contained in his or

her application if said description designates land other than that

which the applicant intended to claim at the time of application

and if the description as amended describes the land originally

intended to be claimed. If the application is amended, this

section shall operate to approve the application or to require its

adjudication, as the case may be, with reference to the amended

land description only: Provided, That the Secretary shall notify

the State of Alaska and all interested parties, as shown by the

records of the Department of the Interior of the intended

correction of the entry's location, and any such party shall have

until the one hundred and eightieth day following the effective

date of this Act or sixty days following mailing of the notice,

whichever is later, to file with the Department of the Interior a

protest as provided in subsection (a)(3) of this section, which

protest, if timely, shall be deemed filed within one hundred and

eighty days of the effective date of this Act notwithstanding the

actual date of filing: Provided further, That the Secretary may

require that all applications designating land in a specific area

be amended, if at all, prior to a date certain which date shall be

calculated to allow for orderly adoption of a plan or survey for

the specified area, and the Secretary shall mail notification of

the final date for amendment to each affected applicant, and shall

provide such other notice as the Secretary deems appropriate, at

least sixty days prior to said date: Provided further, That no

application may be amended for location following adoption of a

final plan of survey which includes the location of the entry as

described in the application or its location as desired by

amendment.

(c) Powersites and power-projects

Where the land described in application (or such an application

as adjusted or amended pursuant to subsection (b) or (c) of this

section), was on that date withdrawn, reserved, or classified for

powersite or power-project purposes, notwithstanding such

withdrawal, reservation, or classification the described land shall

be deemed vacant, unappropriated, and unreserved within the meaning

of the Acts referred to in subsection (a)(1) of this section, and,

as such, shall be subject to adjudication or approval pursuant to

the terms of this section: Provided, however, That if the described

land is included as part of a project licensed under part I of the

Federal Power Act of June 10, 1920 (41 Stat. 24), as amended (16

U.S.C. 791a et seq.), or is presently utilized for purposes of

generating or transmitting electrical power or for any other

project authorized by Act of Congress, the foregoing provision

shall not apply and the application shall be adjudicated pursuant

to the appropriate Act: Provided further, That where the applicant

commenced occupancy of the land after its withdrawal or

classification for powersite purposes, the entry shall be made

subject to the right of reentry provided the United States by

section 24 of the Federal Power Act, as amended (16 U.S.C. 818):

Provided further, That any right of reentry reserved in a patent

pursuant to this section shall expire twenty years after the

effective date of this Act if at that time the land involved is not

subject to a license or an application for a license under part I

of the Federal Power Act, as amended, or actually utilized or being

developed for a purpose authorized by that Act, as amended (16

U.S.C. 791a et seq.) or other Act of Congress.

(d) Validity of existing rights; rights acquired by actual use and

national forest lands unaffected

Prior to issuing a patent for an entry subject to this section,

the Secretary shall identify and adjudicate any record entry or

application for title to land described in the application, other

than the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et

seq.), the Alaska Statehood Act, or the Act of May 17, 1906, as

amended, which entry or application claims land also described in

the application, and shall determine whether such entry or

application represents a valid existing right to which the

application is subject. Nothing in this section shall be construed

to affect rights, if any, acquired by actual use of the described

land prior to its withdrawal or classification, as affecting

National Forest lands.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1328, Dec. 2, 1980, 94 Stat.

2489.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 1, 1938 (52 Stat. 609), referred to in subsec.

(a)(1), is act June 1, 1938, ch. 317, 52 Stat. 609, which was

classified to sections 682a to 682e of Title 43, Public Lands, was

repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90

Stat. 2787, 2789.

Act of May 3, 1927 (44 Stat. 1364), referred to in subsec.

(a)(1), probably means act Mar. 3, 1927, ch. 323, 44 Stat. 1364,

which was classified to section 687a of Title 43, and was repealed

by Pub. L. 94-579, title VII, Sec. 703(b), Oct. 21, 1976, 90 Stat.

2789, 2791.

Act of May 14, 1898, referred to in subsec. (a)(1), is act May

14, 1898, ch. 299, 30 Stat. 409, which is classified to sections

607a and 615a of this title, sections 270, 270-4, 687a, 687a-2,

687a-3, 687a-4, 687a-5, and 942-1 to 942-9 of Title 43, and section

392 of Title 48, Territories and Insular Possessions. Section 270

of Title 43 was repealed by Pub. L. 94-579, title VII, Sec. 703(a),

Oct. 21, 1976, 90 Stat. 2789. Section 270-4 of Title 43 was

repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90

Stat. 2787. Sections 687a and 687a-2 to 687a-5 of Title 43 were

repealed by Pub. L. 94-579, title VII, Sec. 703(a), 704(a), Oct.

21, 1976, 90 Stat. 2789, 2792. Section 392 of Title 48 was

eliminated from the Code as obsolete. For complete classification

of this Act to the Code, see Tables.

Act of March 3, 1891, referred to in subsec. (a)(1), is act Mar.

3, 1891, ch. 561, 26 Stat. 1095, which is classified to sections

161, 162, 165, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329,

663, 671, 687a-6, 718, 728, 732, 893, 946 to 949, 989, 1165, 1166,

1181, and 1197 of this title, sections 471, 607, 611, 611a, and 613

of Title 16, Conservation, section 495 of Title 25, Indians, and

sections 30, 36, 44, 45, 48; and 52 of Title 30, Mineral Lands and

Mining. For complete classification of this Act to the Code, see

Tables.

The effective date of this Act, referred to in subsecs. (a) to

(c), probably means the date of enactment of Pub. L. 96-487, which

was approved Dec. 2, 1980.

This Act, referred to in subsec. (a)(2) and (3)(E), is Pub. L.

96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the

Alaska National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

The Alaska Native Claims Settlement Act, referred to in subsecs.

(a)(2), (3)(A) and (d), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat.

688, as amended, which is classified generally to chapter 33 (Sec.

1601 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1601 of Title 43 and Tables.

The Federal Power Act and that Act, referred to in subsec. (c),

is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is

classified generally to chapter 12 (Sec. 791a et seq.) of this

title. Part I of the Federal Power Act of June 10, 1920 as

amended, is classified generally to subchapter I (Sec. 791a et

seq.) of chapter 12 of this title. For complete classification of

this Act to the Code, see section 791a of this title and Tables.

The Alaska Statehood Act, referred to in subsec. (d), is Pub. L.

85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as

a note preceding section 21 of Title 48, Territories and Insular

Possessions. For complete classification of this Act to the Code,

see Tables.

Act of May 17, 1906, as amended, referred to in subsec. (d), is

act May 17, 1906, ch. 2469, 34 Stat. 197, as amended, which was

classified to sections 270-1 to 270-3 of Title 43, Public Lands,

prior to its repeal by Pub. L. 92-203, Sec. 18(a), Dec. 18, 1971,

85 Stat. 710. See section 1617 of Title 43.

-CITE-

16 USC SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY

RECOMMENDATION PROCESS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION

PROCESS

.

-HEAD-

SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION

PROCESS

-CITE-

16 USC Sec. 3231 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION

PROCESS

-HEAD-

Sec. 3231. Areas subject to national need recommendation process

-STATUTE-

The process contained in this subchapter shall apply to all

public lands within Alaska except for lands within units of the

National Park System and the Arctic National Wildlife Refuge.

-SOURCE-

(Pub. L. 96-487, title XV, Sec. 1501, Dec. 2, 1980, 94 Stat. 2549.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3232 of this title.

-CITE-

16 USC Sec. 3232 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION

PROCESS

-HEAD-

Sec. 3232. Recommendations of President to Congress

-STATUTE-

(a) Recommendation

At any time after December 2, 1980, the President may transmit a

recommendation to the Congress that mineral exploration,

development, or extraction not permitted under this Act or other

applicable law shall be permitted in a specified area of the lands

referred to in section 3231 of this title. Notice of such

transmittal shall be published in the Federal Register. No

recommendation of the President under this section may be

transmitted to the Congress before ninety days after publication in

the Federal Register of notice of his intention to submit such

recommendation.

(b) Findings

A recommendation may be transmitted to the Congress under

subsection (a) of this section if the President finds that, based

on the information available to him -

(1) there is an urgent national need for the mineral activity;

and

(2) such national need outweighs the other public values of the

public lands involved and the potential adverse environmental

impacts which are likely to result from the activity.

(c) Report

Together with his recommendation, the President shall submit to

the Congress -

(1) a report setting forth in detail the relevant factual

background and the reasons for his findings and recommendation;

(2) a statement of the conditions and stipulations which would

govern the activity if approved by the Congress; and

(3) in any case in which an environmental impact statement is

required under the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.), a statement which complies with the

requirements of section 102(2)(C) of such Act (42 U.S.C.

4332(2)(C)). In the case of any recommendation for which an

environmental impact statement is not required under section

102(2)(C) of the National environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)), the President may, if he deems it desirable,

include such a statement in his transmittal to the Congress.

(d) Approval

Any recommendation under this section shall take effect only upon

enactment of a joint resolution approving such recommendation

within the first period of one hundred and twenty calendar days of

continuous session of Congress beginning on the date after the date

of receipt by the Senate and House of Representatives of such

recommendation. Any recommendation of the President submitted to

Congress under subsection (a) of this section shall be considered

received by both Houses for purposes of this section on the first

day on which both are in session occurring after such

recommendation is submitted.

(e) One-hundred-and-twenty-day computation

For purposes of this section -

(1) continuity of session of Congress is broken only by an

adjournment sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than three days to a day certain are

excluded in the computation of the one-hundred-and-twenty-day

calendar period.

-SOURCE-

(Pub. L. 96-487, title XV, Sec. 1502, Dec. 2, 1980, 94 Stat. 2549.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of this title and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (c)(3), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-CITE-

16 USC Sec. 3233 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION

PROCESS

-HEAD-

Sec. 3233. Expedited Congressional review

-STATUTE-

(a) Rulemaking

This subsection is enacted by Congress -

(1) as an exercise of the rulemaking power of each House of

Congress, respectively, and as such it is deemed a part of the

rules of each House, respectively, but applicable only with

respect to the procedure to be followed in the House in the case

of resolutions described by subsection (b) of this section and it

supersedes other rules only to the extent that it is inconsistent

therewith; and

(2) with full recognition of the constitutional right of either

House to change the rules (so far as those relate to the

procedure of that House) at any time, in the same manner and to

the same extent as in the case of any other rule of such House.

(b) Resolution

For purposes of this section, the term ''resolution'' means a

joint resolution, the resolving clause of which is as follows:

''That the House of Representatives and Senate approve the

recommendation of the President for in submitted to the Congress on

19 .'', the first blank space therein to be filled in with

appropriate activity, the second blank space therein to be filled

in with the name or description of the area of land affected by the

activity, and the third blank space therein to be filled with the

date on which the President submits his recommendation to the House

of Representatives and the Senate. Such resolution may also include

material relating to the application and effect of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the

recommendation.

(c) Referral

A resolution once introduced with respect to such Presidential

recommendation shall be referred to one or more committees (and all

resolutions with respect to the same Presidential recommendation

shall be referred to the same committee or committees) by the

President of the Senate or the Speaker of the House of

Representatives, as the case may be.

(d) Other procedures

Except as otherwise provided in this section the provisions of

section 719f(d) of title 15 shall apply to the consideration of the

resolution.

-SOURCE-

(Pub. L. 96-487, title XV, Sec. 1503, Dec. 2, 1980, 94 Stat. 2550.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-CITE-