H.R.39 - Alaska National Interest Lands Conservation Act95th Congress (1977-1978)
|Sponsor:||Rep. Udall, Morris K. [D-AZ-2] (Introduced 01/04/1977)|
|Committees:||House - Interior and Insular Affairs; Merchant Marine and Fisheries | Senate - Interior and Insular Affairs|
|Committee Reports:||H.Rept 95-1045 Part 1; H.Rept 95-1045 Part 2; S.Rept 95-1300|
|Latest Action:||Senate - 10/09/1978 Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 95-1300. (All Actions)|
|Roll Call Votes:||There have been 3 roll call votes|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.39 — 95th Congress (1977-1978)All Information (Except Text)
(Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 95-1300)
Reported to Senate with amendment(s) (10/09/1978)
Alaska National Interest Lands Conservation Act - =Title I: Purposes, Definitions, and Maps= - Declares it the purpose of this Act to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values. States the intent of this Act to provide the opportunity for people engaged in a subsistence-oriented lifestyle to continue to do so, 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.
Excludes land selections of the State of Alaska which have been tentatively approved under the Alaska Statehood Act, as well as certain other selections, from the definition of "public lands".
Requires that the boundary maps described in titles II through VII of this Act be on file and available for public inspection in the office of the Secretary of the Interior or the Secretary of Agriculture with regard to the National Forest System. Directs that (1) a map and legal description of each change in land management status affected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, as soon as practicable after enactment of this Act, and (2) such maps and legal descriptions be on file and available for public inspection in the office of the Secretary of the Interior.
=Title II: National Park System= - Establishes as units of the National Park System; (1) Aniakchak National Monument and Aniakchak National Preserve; (2) Bering Land Bridge National Preserve; (3) Cape Krusenstern National Preserve; (4) Gates of the Arctic National Park, Gates of the Arctic National Preserve, and Gates of the Arctic National Recreation Area; (5) Kenai Fjords National Park; (6) Kobuk Valley National Monument and Kobuk Valley National Preserve; (7) Lake Clark National Park and Lake Clark National Preserve; (8) Misty Fjords National Preserve; (9) Noatak National Preserve and Noatak National Recreation Area; (10) Wrangell-Saint Elias National Park and Wrangell-Saint Elias National Recreation Area; and (11) Yukon-Charley Rivers National Preserve. Provides for access for surface transportation purposes across the Western (Kobuk River) unit of the Gates of the Arctic National Recreation Area (from the Ambler Mining District to the Alaska Pipeline Haul Road).
Expands and redesignates: (1) Glacier Bay National Monument, to be designated as Glacier Bay National Preserve; (2) Katmai National Monument, to be designated as Katmai National Preserve; and (3) Mount McKinley National Park, to be designated as Mount McKinley National Preserve.
Directs the Secretary of the Interior to administer the lands, waters, and interests so established, designated, or enlarged. Stipulates that hunting shall be permitted in areas designated as national preserves and national recreation areas under the provisions of this Act. Provides that certain valid Native selections are recognized and shall be honored and conveyed by the Secretary in accordance with the Alaska Native Claims Settlement Act and this Act.
Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Preserve.
Withdraws, subject to valid existing rights and as provided in this Act, the Federal lands within units of the National Park system established or expanded by or pursuant to this Act from all forms of appropriation or disposal under the public land laws, including location, entry, and patent under the United States mining laws, disposition under the mineral leasing laws, and from future selections by the State of Alaska and Native Corporations.
=Title III: National Wildlife Refuge System= - Defines the term "conserve" for purposes of this Title, as the use of such methods and procedures which are necessary to ensure the protection, maintenance and management of fish and wildlife and plants, their habitats, and the ecological system of which they form a constituent element. Defines "refuge" to mean any unit of the National Wildlife Refuge System established by this Act, prior to the enactment of this Act, or following the enactment of this Act.
Establishes as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge, to be composed of the Chukchi Sea Unit, the Bering Sea Unit, the Aleutian Islands Unit, the Alaska Peninsula Unit, and the Gulf of Aslaka Unit; (2) Arctic National Wildlife Range; (3) Becharof National Wildlife Refuge; (4) Clarence Rhode National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Kenai National Wildlife Refuge; (8) Kodiak National Wildlife Refuge; (9) Koyukuk National Wildlife Refuge; (10) Selawik National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Yukon Flats National Wildlife Refuge. Designates the significant fish and wildlife of each refuge. Designates the Izembek National Wildlife Range as a Refuge.
Declares the major purposes of each refuge to be: (1) to conserve the designated fish and wildlife and their habit as well as to conserve the other fish and wildlife, and habitat within the refuge; (2) to fulfill the international treaty obligations of the United States with respect to fish and wildlife and habitat; (3) to provide the opportunity for continued subsistence uses by local residents; (4) to ensure water quality and water quantity within the refuge; and (5) to protect, maintain, or enhance any special value of the refuge, as well as any other archeological, cultural, ecological, geological, historical, paleontological, recreational, or scenic value of the refuge.
Provides that each refuge shall be administered by the Secretary to achieve such purposes, and in accordance with the laws governing the administration of units of the National Wildlife Refuge System, the laws governing the conservation and protection of fish and wildlife and plants, and this Act.
Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation or disposal under the public land laws, including location, entry and patent under the United States mining laws, but not from operation of the mineral leasing laws.
Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act.
=Title IV: National Conservation Areas= - Establishes as national conservation areas in order to provide for the immediate and future protection of the lands in Federal ownership within the framework of a program of multiple use and sustained yield and for the maintenance of environmental quality: (1) Baird Mountains National Conservation Area; (2) Chandalar National Conservation Area; (3) Nowitna National Conservation Area; and (4) Steese National Conservation Area.
Directs the Secretary, through the Bureau of Land Management, to administer such national conservation areas pursuant to the Federal Land Policy and Management Act of 1976. Authorizes mineral development and exploration where consistent with the land use plan for the area. Subjects all mining claims located within any such unit to such reasonable regulations as the Secretary may prescribe, subject to valid existing rights. Provides that any patent issued after the date of enactment of this Act shall convey title only to the minerals together with the right to use the surface of lands for mining subject to such regulations.
Establishes the White Mountains National Recreation Area, to be administered by the Secretary in accordance with this Act and the Federal Land Policy and Management Act of 1976. Directs the Secretary to develop a land use plan for such area and each conservation area established by this title, within five years of the date of enactment of this Act.
=Title V: National Forest System= - Establishes the Porcupine National Forest, to be administered by the Secretary of Agriculture in order to insure that protection of fish and wildlife and their habitat shall be the primary purpose for the management of Federal land within the forest.
Provides for the expansion of: (1) Chugach National Forest; and (2) Tongass National Forest. Directs the Secretary of Agriculture to administer such additional lands.
Establishes within the Chugach National Forest the Seward National Recreation Area, to be administered by the Secretary of Agriculture.
Withdraws, subject to valid existing rights, the minerals in Federal lands within the Porcupine National Forest and the Copper River addition to the Chugach National Forest from location, entry, and patent under the United States mining laws. Authorizes the Secretary of Agriculture, under reasonable regulations, to permit the removal of nonleasable minerals and leasable minerals from such lands in accordance with the mineral leasing laws, if he finds that such disposition would not have significant adverse effects on the administration of the area. Requires that all receipts derived from disposal of such nonleasable minerals be paid into the same funds or accounts in the Treasury of the United States and distributed in the same manner as provided for receipts from national forests.
=Title VI: National Wild and Scenic Rivers System= - Amends the Wild and Scenic Rivers Act by adding to the National Wild and Scenic Rivers System the following rivers (or segments thereof) which are within the National Park System: Alagnak, Alatna, Aniakchak, Charley, Chilikadrotna, John, Kobuk, Mulchatna, Noatak, North Fork of the Koyukuk, Salmon, Tinayguk, and Tlikakila.
Adds to the National Wild and Scenic Rivers System the following rivers (or segments thereof) which are within the National Wildlife Refuge System: Andreafsky, Ivishak, Selawik, Sheenjek, and Wind.
Adds to the National Wild and Scenic Rivers System the following rivers (or segments thereof) which are located outside National Park System units and National Wildlife Refuges: Alagnak, Beaver Creek, Birch Creek, Delta, Fortymile, Gulkana, and Unalakleet.
Designates the following rivers to be studied for possible inclusion in the system: Colville, Etivluk-Nigu, Utukok, Kanektok, Kisaralik, Melozitna, Sheenjek (lower segment), Situk, Porcupine and Yukon (ramparts section). Sets forth time requirements for completion of such studies.
Sets forth provisions regarding the administration of such rivers.
Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending up to two miles from the ordinary high water mark on both sides of such rivers.
Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from location, entry and patent under the United States mining laws.
Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1977.
=Title VII: National Wilderness Preservation System= - Designates as wilderness the following areas within the National Park System: Mount McKinley Wilderness, Gates of the Arctic Wilderness, Glacier Bay Wilderness, Katmai Wilderness, Kobuk Valley Wilderness, Lake Clark Wilderness, Noatak Wilderness, and Wrangell-Saint Elias Wilderness. Directs the Secretary to study and report to the President and the Congress within five years on the suitability of preservation as wilderness of certain lands in the Yukon-Charley area.
Designates as wilderness the following areas within the National Wildlife Refuge System: Aleutian Islands Wilderness, Izembek Wilderness, Kenai Wilderness, Semidi Wilderness, Selawik Wilderness, and Unimak Wilderness.
Designates as wilderness the following areas within the Tongass National Forest: Admiralty Island Wilderness, Coronation Island Wilderness, Endicott River Wilderness, Maurille Islands Wilderness, Petersburg Creek-Duncan Salt Chuck Wilderness, Russell Fjord Wilderness, South Baranof Wilderness, South Prince of Wales Wilderness, Stikine-LeConte Wilderness, Tebenkof Bay Wilderness, Tracy Arm-Fords Terror Wilderness, Warren Island Wilderness, and West Chicagof-Yakobi Wilderness.
Directs the Secretary of Agriculture to study and report to the President and the Congress within three years on the suitability for preservation of wilderness of specified areas within the Nellie Juan-College Fjord, Chugach National Forest.
Designates special management areas within the Tongass National Forest. Sets forth management rules for such areas.
Directs the Secretary of Agriculture to carry out a special program of construction and maintenance of forest development roads for the purpose of making timber supplies more readily available and otherwise improve access on the Tongass National Forest. Authorizes the Secretary of Agriculture to expend $10,000,000 annually from National Forest Fund receipts not otherwise appropriated, in addition to such sums as may otherwise be appropriated.
Directs the Secretary of Agriculture to establish a special program of insured or guaranteed loans to purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment and the implementation of new technologies which lead to the utilization of wood products which might otherwise not be utilized. Authorizes the appropriation of $5,000,000 from National Forest Fund receipts not otherwise appropriated, to be deposited in a special fund in the Treasury of the United States to carry out such program.
Directs the Secretary of Agriculture to submit to the Senate and the House of Representatives a study of opportunities to increase timber yields on national forest lands in Alaska, within three years after the date of enactment of this Act.
Requires the Secretary to review and report to Congress on the status of the Tongass National Forest in Southeastern Alaska, within five years from the date of enactment of this Act and every two years after. Sets forth the contents of such reports.
Requires that, unless otherwise provided in this Act, wilderness designated by this Act shall be administered according to the applicable provisions of the Wilderness Act.
=Title VIII: Subsistence Management and Use= - Declares it the policy of Congress that: (1) management policies on the public lands in Alaska are to cause the least possible adverse impact on subsistence-dependent residents, and that the purpose of this title is to provide the opportunity for people engaged in a subsistence-oriented lifestyle to continue to do so; (2) nonwasteful subsistence use of wildlife and other renewable resources shall have priority over other consumptive use of such resources on the public lands in Alaska; and (3) Federal land-managing agencies are to cooperate with adjacent landowners and land managers in managing subsistence activities on the public lands and in protecting wild renewable resources in Alaska.
Defines "subsistence uses" as the customary and traditional uses in Alaska 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 by-products of fish and wildlife resources taken for personal or family consumption and for the customary trade, barter, or sharing for personal or family use.
Requires that the taking on public lands of fish and wildlife for nonwasteful subsistence uses shall be accorded preference over the taking on such lands of fish and wildlife for other purposes, except as otherwise provided in this Act and other Federal laws. Stipulates that restrictions on 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, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources.
Directs the Secretary, if the State fails to do so, to establish: (1) at least five Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs.
Authorizes the Secretary to reimburse the State, from funds appropriated to the Department of the Interior, for reasonable costs relating to the establishment and operation of the regional advisory councils established by the State, and the operation of the State fish and game advisory committees, if not superseded by the Secretary. Stipulates that such reimbursement may not exceed 50 percent of the costs, or $5,000,000 in any one fiscal year. Directs the Secretary to advise the Congress at least once every five years on the adequacy of such payments. Requires the Secretary to monitor the provision by the State of the subsistence preference set forth in this title, and advise the State and the appropriate committees of the House of Representatives and the Senate annually concerning such preference.
Directs the Secretary to take certain administrative action if he determines that the preference for subsistence uses is not adequately provided in a region, including filing actions in the United States district court for judicial enforcement.
Requires the Secretary, the Governor, and the appropriate regional council, within one year from the date of enactment of this Act, to each appoint four members to a subsistence resources commission for each national park or monument within which subsistence uses are permitted by this Act. Directs each commission to devise and recommend to the Secretary and the Governor a program for subsistence hunting within the park or monument within 18 months from the date of enactment of this Act, and to make annual recommendations for changes in such program or its implementation. Requires the Secretary to promptly implement such program and recommendations, unless he makes specified findings in writing. Directs the Secretary to permit certain subsistence uses by local residents, pending the implementation of such a program.
Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses.
Directs the Secretary, in consultation with the Secretary of Agriculture, to prepare and submit to the Congress periodic reports on the uses of those resources on the public lands. Provides that summaries of such reports shall be published in the Federal Register and made available to the public.
Authorizes the Secretary of the Interior and the Secretary of Agriculture to prescribe such regulations as are necessary for them to carry out their responsibilities under such Act.
Closes all national parks and monuments in Alaska to the taking of wildlife except for subsistence uses to the extent specifically permitted by this Act. Provides that subsistence and sport fishing shall be authorized in such areas by the Secretary, and carried out in accordance with the requirements of this title and other applicable laws.
Authorizes the Secretary to temporarily close any public lands (including those within any conservation system unit) to subsistence uses of a particular fish or wildlife population if necessary for reasons of public safety, administration, or to assure the continued viability of such population.
=Title IX: Implementation of Alaska Native Claims Settlement Act and Alaska Statehood Act= - Conveys to a Village Corporation found eligible by the Secretary of the Interior, the surface estate to public land in its "core" township or townships (towns or townships in which the Native villages are located). Stipulates that where two or more corporations have claim to the same township, the conveyance is delayed until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary.
Conveys to a Village Corporation found eligible by the Secretary, the surface estate to certain lands in the "core" township.
Conveys the surface and subsurface estate in the former Indian Reserve to certain Village corporations. Excludes the Village Corporation for the Native Village of Klukwan from such conveyances.
Conveys the subsurface estate in "core" townships conveyed to Village Corporations, to Regional Corporations to the extent they would otherwise have obtained such subsurface estate pursuant to the Alaska Native Claims Settlement Act.
Permits Native Corporations to utilize an expedited conveyance procedure, and sets forth such procedure. Requires Native Corporations choosing to utilize such procedure to file with the Secretary lists of their conveyance priorities.
Sets forth administrative provisions concerning: (1) easements on core township lands, other lands, and acquisition of future easements; (2) status of certain lease offers; (3) extension of the moratorium on State taxation of undeveloped and unimproved lands; (4) Alaska Native allotments; and (5) State selection and conveyances.
Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owned or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation.
Provides for judicial review of decisions of the Secretary under this title or the Alaska Native Claims Settlement Act if (1) such action is initiated before a court of competent jurisdiction within two years of the day the Secretary's decision becomes final, or the date of enactment of this Act (whichever is later), and (2) the party seeking such review has exhausted any administrative appeal rights.
=Title X: Federal North Slope Lands Study Program= - Directs the Secretary of the Interior to conduct a study of specified Federal lands in Alaska, other than lands included in conservation system units established by this Act. Requires such study to: (1) assess the potential oil and gas resources and the national need for development of such resources; (2) review the wilderness characteristics of these lands and the national interest in their preservation; and (3) study the wildlife resources of these lands and the national interest in the protection of such wildlife resources. Requires the Secretary to submit such study to the President and the Congress eight years after the date of enactment of this Act.
Directs the Secretary to submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives: (1) a plan for the oil and gas exploration program on the Arctic National Wildlife Range; (2) a report on lands identified as high potential for accumulation of oil and gas, and on estimates of the volume of such resources and of the impact of development on wildlife; and (3) a plan for core drilling on such lands. Prohibits core drilling unless the Congress passes a concurrent resolution approving such plan within 60 calendar days of continuous session of Congress of its submission to the Committees.
Prohibits production of oil and gas from the Arctic National Wildlife Range until authorized by an Act of Congress.
Requires the Secretary to establish an oil and gas leasing program for Federal lands in Alaska which are not North Slope Federal Lands and report annually to the Congress on efforts regarding leasing, exploration, and development activities. Authorizes the Secretary to issue leases on such Federal lands by competitive bidding.
Directs the Secretary to decide whether or not to issue a lease within six months after receipt of a lease application where the requirements of the National Environmental Policy Act of 1969 do not apply, and within three months after publication of the final environmental impact statement where such requirements do apply.
Directs the Secretary to assess the potential of oil, gas, and mineral resources on all public lands in the State of Alaska. Requires that the Secretary of Energy and the heads of other Federal agencies be consulted to determine requirements to protect the resources, including fish and wildlife. Authorizes the Secretary to carry out such mineral assessment program through contracts with public or private entities.
Directs the President to report annually to the Congress (1) on specified public information relating to minerals in Alaska including information gathered by the Bureau of Mines, and (2) concerning the advisability of mineral exploration or extraction activities in certain conservation system units.
=Title XI: Transportation and Utility Systems In and Across, and Access Into, Conservation System Units= - Declares that applications for rights-of-way in conservation system units in Alaska shall be made only pursuant to this title. Provides that transportation and utility systems subject to this title are: (1) systems for the transportation of water; (2) pipelines and other systems for the transportation of other liquids and gases, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined product produced therefrom; (3) pipelines, slurry and emulsion systems, and conveyor belts for transportation of solid materials; (4) systems for transmission and distribution of electric energy; (5) systems for transmission of radio, television, telephone, telegraph, and other electronic signals, and other means of communication; (6) improved rights-of-way for snow machines, air cushion vehicles, and other all-terrain vehicles; and (7) roads, highways, railroads, tunnels, trainways, airports, and other systems of transportation.
Directs the Secretaries of Transportation, the Interior, and Agriculture, in consultation with the appropriate Federal agencies, to jointly prepare and publish a consolidated application form for a right-of-way to occupy, use or traverse any conservation system unit in Alaska, or the National Petroleum Reserve-Alaska for each such transportation or utility system, within one year of the enactment of this Act.
Sets forth procedures for the consideration and processing of such applications. Directs the Secretary of the Interior (or the Secretary of Agriculture, when a unit of the National Forest is involved), and the Secretary of Transportation, together with the head of the appropriate regulatory agency, to jointly prepare any required environmental impact statement. Provides for appeal of denials of such applications to the President, or in the appropriate Federal court. Requires that certain approved applications be submitted to the President for his recommendations, and then submitted to the Congress for approval. Directs the appropriate Secretary to issue such right-of-way, upon enactment of a joint resolution by the Senate and the House of Representatives, approving the application.
Provides that, except for rights-of-way issued pursuant to a joint resolution of Congress, no right-of-way shall be issued unless the need for it has been identified in a study conducted by the State in consultation with the Secretaries of Transportation, the Interior, and Agriculture, and the Alaska Land Use Council.
Permits the use of snowmobiles, motorboats, airplanes which may land on snow, ice, or water or on designated sites, and nonmotorized surface transportation methods, on conservation system units, National Recreation Areas, National Conservation Areas, and the National Petroleum Reserve-Alaska. Provides for temporary access to such areas, as well as certain other lands to permit the State, or private landowner access for survey, geophysical, exploratory, or other temporary, non-harmful uses. Insures access to inholdings within such areas and lands for economic and other purposes.
Removes certain restrictions on the North Slope Haul Road as long as the State keeps the road closed to the public.
Stipulates that nothing in this title shall be construed to adversely affect any valid existing right of access.
=Title XII: Federal-State Cooperation= - Establishes the Alaska Land Use Council, composed of the Alaska field directors of the Federal land managing and planning agencies, as well as the National Oceanic and Atmospheric Administration, and the Department of Transportation, and the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, Environmental Conservation, Transportation, and Community and Regional Affairs. Requires that all Council meetings be open to the public, with at least 15 days notice in the Federal Register and in newspapers of general circulation in Alaska.
Directs the Council to conduct studies and advise the Secretary, the Secretary of Agriculture, other Federal agencies, the State and local governments, and Native Corporations regarding land and resource uses in Alaska, including transportation planning, land use designation, fish and wildlife management, tourism, agricultural development, coastal zone management, and preservation of cultural and historical resources.
Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest.
Provides that the Council will terminate in ten years, unless it is extended by Congress. Provides that Federal participation in the Joint Federal-State Land Use Planning Commission for Alaska shall cease 90 days following the date of enactment of this Act or the appointment of the Federal Cochairman of the Council, whichever is later.
Directs the Council to establish a committee of land-use advisors, made up of representatives of commercial and industrial land users in Alaska, recreational land users, wilderness users, environmental groups, Alaska Natives, local governments, and other citizens.
Establishes a Federal Coordination Committee, composed of the Secretaries (or their designees) of Agriculture, Energy, the Interior, and Transportation, the Administrators of the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration, and the Federal and State Cochairmen of the Council. Requires that such Committee meet at least once every four months, in order to coordinate those programs and functions of their respective agencies which affect the administration of lands and resources in Alaska.
Directs the Secretary to undertake to enter into a cooperative management agreement with an Native Corporation, the State, any political subdivision of the State, or any other person owning land which is located within, or adjacent or near to, any refuge. Requires that each such agreement provides that the affected land shall be managed by the owner in a manner compatible with the major purposes of the affected refuge and in a manner which will not diminish opportunities for substance uses in the refuge. Specifies terms and conditions for such agreements.
Provides for the preparation and implementation of a comprehensive and systematic cooperative management plan, agreed to by the United States and the State, for the Bristol Bay Cooperative Region. Sets forth provisions to be included in such plan. Declares that such plan shall take effect upon enactment of a joint resolution by the Senate and the House of Representatives, if the State has given force and effect to the plan under State law. Authorizes the Secretary to prepare such plan if the State does not participate in the preparation. Withdraws all Federal lands within such region, other than land within conservation system units, from all forms of entry or appropriation under the mining laws and from operation of the mineral leasing laws of the United States, on the date of enactment of this Act. Places such lands under the jurisdiction of the United States Fish and Wildlife Service, pending adoption of such plan, unless the State does not give force and effect under State law within the prescribed period.
=Title XIII: Administrative Provisions= - Requires the Secretary of the Interior to transmit, within five years from the date of enactment of this Act, to the appropriate Committees of the Congress, a conservation and management plan for each unit of the National Wildlife Refuge System and the National Park System established pursuant to this Act.
Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only be acquired with their consent. Sets forth administrative provisions relating to such acquisitions
Authorizes the Secretary to exchange lands or interests in lands with specified Native groups and corporations as defined in the Alaska Native Claims Settlement Act, other municipalities and corporations or individuals, the State of Alaska, or any Federal agency.
Authorizes the Secretary to acquire up to 7,500 acres of archeological or paleontological sites outside of the Krusenstern National Preserve, the Bering Land Bridge National Preserve, Kobuk Valley National Monument and Preserve, and the Yukon-Charley Rivers National Preserve. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register.
Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers.
Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities.
Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1978, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents.
Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program.
Permits the State of Alaska to donate mineral interests, as well as surface estate lands, to the Klondike Gold Rush National Historical Park.
Provides for the continued use, operation, and maintenance of (1) existing air and water navigation aids and existing facilities for weather, climate, and fisheries research, where they are located within the conservation system units, and (2) existing facilities for national defense purposes, and related air and water navigation aids, within or adjacent to conservation system units.
Permits the establishment, operation, and maintenance within any conservation system unit of new air and water navigation aids and related facilities, facilities for national defense purposes and related air and water navigation aids, and facilities for weather, climate, and fisheries research and monitoring.
Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States.
Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment of this Act to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended).
Provides for: (1) the administration of national recreation areas established by this Act by the Secretaries of the Interior and Agriculture; (2) the administration of national preserves as a unit of the National Park System; and (3) the management of wilderness as applicable only to Alaska.
Directs the Secretary to review all lands within National Parks, National Monuments, and units of the National Wildlife Refuge System not designated as wilderness by this Act and to report the findings to the President.
Allows assistance and technical expertise to be provided by the Secretary to a Native corporation or group in order to preserve, display, and interpret cultural resources.
Provides that the Secretary may recommend to the Congress the inclusion of certain areas in the National Wilderness Preservation System. Enunciates the Secretary's duty of reviewing the transportation of petroleum products in the National Petroleum Reserve in Alaska.
Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act for fiscal years beginning after fiscal year 1979.
=Title XIV: Amendments to the Alaska Native Claims Settlement Act and Related Provisions= - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership.
Provides for the taxation of (1) revenues or proceeds derived from real property interests and capital gain or loss on subsequent sale or disposition of land received pursuant to this Act, and (2) Native Corporations.
Includes provisions for: (1) the selection of land by a Village Corporation where the lands selected and conveyed are insufficient to fulfill the Corporation's entitlements; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estate; and (3) the conveyance of fee title of existing cemetery and historical places to appropriate Regional Corporations. Dissentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment of this Act.
Stipulates that all funds received from certain uses of lands withdrawn for selection by a Corporation shall be deposited in an escrow account until lands selected have been conveyed to the receiving corporation and that such proceeds shall be paid, together with interest accrued, to the appropriate Corporation or individual upon such conveyance.
Allows the Secretary, upon the request of a Village Corporation, to waive the requirement of such Act which requires that a Corporation select land in whole sections (and that natural features are to be used as boundaries) where such waiver is justified and appears to be beneficial.
States that fire protection of Native land provided by the Department of the Interior shall cover "wildland.
Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites and for the reconveyance of less than 1,280 acres by a Village Corporation to a Municipal Corporation or the State in trust.
Directs the Secretary to pay by grant to certified Native Group Corporations an amount not more than $100,000 or less than $50,000 for planning, development, or other authorized purposes.
Exempts Corporations created pursuant to such Act from the provision of the Internal Revenue Code of 1954 which covers personal holding companies.
Requires that payments under such Act shall be deposited into the Alaska Native Fund on the first day of the fiscal year for which the monies are appropriated and shall be distributed at the end of the first quarter of the fiscal year.
Allows the State or a Native Corporation to relinquish its rights in a valid selection of land which is partly within the boundary of a conservation system unit and to select an equal acreage of other lands which are available for such purpose.
Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment of this Act. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee.
Directs the Secretary to negotiate with specified Native Corporations for boundaries and prices of certain areas of the Pribilof Islands group to be included in the Alaska Maritime National Wildlife Refuge.
Lists specified lands of (1) the Nana/Cook Inlet Regional Corporation, the Ahtna Regional Corporation, and the Bering Straits Regional Corporation to be withdrawn for selection, and (2) the Doyon Regional Corporation to be exchanged for lands relinquished. Requires that the Hodzana River area be managed as a study area by the Fish and Wildlife Service in cooperation with Doyon, Limited. Requires that the United States convey to the State of Alaska all right, title, and interest of the United States in specified lands. Lists lands, previously selected by Doyon, Limited, which such corporation may identify in partial satisfaction of its entitlement under such Act.
Provides for the settlement of certain claims and litigation (1) to consolidate the ownership of specified lands among the United States, the State of Alaska, the Municipality of Anchorage, Eklutna, Incorporated, and Cook Inlet Region, Incorporated, and (2) to implement such Act under the unique circumstances of the Native Village of Eklutna.
Directs the Secretary to convey (1) the surface and subsurface estates of specified lands on Afognak Island to Koniag, Incorporated, and (2) public lands selected by the Chugah Regional Corporation from certain lands within the Chugah National Forest. Directs the Secretary to study the land ownership and use patterns in the Chugach region in cooperation with the Secretary of Agriculture, the Chugach Natives, Incorporated, the Joint Federal-State Land Use Planning Commission for Alaska, and the State of Alaska (if it so chooses).
Extends for 36 months the Secretary's obligation to convey specified lands to the Cook Inlet Region, Incorporated.
=Title XV: National Need Mineral Activity Recommendation Process= - Allows the President to make recommendations to the Congress that mineral exploration, development, or extraction not permitted by this Act or other applicable law shall be permitted 90 days after notice of such recommendation has been published in the Federal Register. Requires that a report containing specified information be submitted to the Congress together with such recommendation. Stipulates that any such recommendation shall take effect only upon enactment of a joint resolution within 120 calendar days of continuous session of Congress beginning on the date of receipt by the Senate and House of Representatives of the recommendation.
Excludes lands within the National Park System and the Arctic National Wildlife Range from such process.
Sets forth Congressional procedures with respect to such Presidential recommendation.