-CITE-
    16 USC CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS
           CONSERVATION                                    01/03/2007
-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.                   
    3102.       Definitions.                                          
    3103.       Maps.                                                 
              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.                     
    3116.       Federal monitoring; reports to State and Congressional
                 committees.                                          
    3117.       Judicial enforcement.                                 
    3118.       Park and park monument subsistence resource
                 commissions.                                         
    3119.       Cooperative agreements.                               
    3120.       Subsistence and land use decisions.                   
    3121.       Rural residents engaged in subsistence uses.          
    3122.       Research.                                             
    3123.       Periodic reports.                                     
    3124.       Regulations.                                          
    3125.       Limitations and savings clauses.                      
    3126.       Closure to subsistence uses.                          
      SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
                  LEASING PROGRAM AND MINERAL ASSESSMENTS
    3141.       Overall study program.                                
    3142.       Arctic National Wildlife Refuge coastal plain resource
                 assessment.                                          
    3143.       Production of oil and gas from Arctic National
                 Wildlife Refuge prohibited.                          
    3144.       Wilderness portion of study.                          
    3145.       Wildlife resources portion of study and impact of
                 potential oil spills in Arctic Ocean.                
    3146.       Transportation alternatives portion of study.         
    3147.       Arctic research study.                                
    3148.       Oil and gas leasing program for non-North Slope
                 Federal lands.                                       
    3149.       Oil and gas lease applications.                       
    3150.       Alaska mineral resource assessment program.           
    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.                              
    3165.       Standards for granting certain authorizations.        
    3166.       Agency, Presidential, and Congressional actions.      
    3167.       Rights-of-way terms and conditions.                   
    3168.       Injunctive relief.                                    
    3169.       Valid existing right of access.                       
    3170.       Special access and access to inholdings.              
    3171.       Temporary access.                                     
    3172.       North Slope Haul Road.                                
    3173.       Stikine River region; Presidential study and report to
                 Congress.                                            
                 SUBCHAPTER V - FEDERAL-STATE COOPERATION             
    3181.       Alaska Land Use Council.                              
    3182.       Federal Coordination Committee.                       
    3183.       Bristol Bay Cooperative Region.                       
                 SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS             
    3191.       Management plans.                                     
    3192.       Land acquisition authority.                           
    3192a.      Restrictions on use of appropriated funds.            
    3193.       Use of cabins and other sites of occupancy on
                 conservation system units.                           
    3194.       Archeological and paleontological sites.              
    3195.       Cooperative information and education centers.        
    3196.       Administrative sites and visitor facilities.          
    3197.       Revenue-producing visitor services.                   
    3198.       Local hire.                                           
    3199.       Navigation aids and other facilities.                 
    3200.       Denali Scenic Highway study.                          
    3201.       Administration of national preserves.                 
    3202.       Taking of fish and wildlife.                          
    3203.       Wilderness management.                                
    3204.       Allowed uses.                                         
    3205.       General wilderness review.                            
    3206.       Statewide cultural assistance program.                
    3207.       Effect on existing rights; water resources.           
    3208.       Authorization of appropriations; contract authority.  
    3209.       Effect on prior withdrawals.                          
    3210.       Access by owner to nonfederally owned land.           
    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.                        
      SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION
                                  PROCESS
    3231.       Areas subject to national need recommendation process.
    3232.       Recommendations of President to Congress.             
    3233.       Expedited Congressional review.                       
-End-
-CITE-
    16 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
    SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
-End-
-CITE-
    16 USC Sec. 3101                                            01/03/2007
-EXPCITE-
    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, Secs. 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.
-MISC1-
                                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'."
-End-
-CITE-
    16 USC Sec. 3102                                            01/03/2007
-EXPCITE-
    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.
-MISC1-
                                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]."
-End-
-CITE-
    16 USC Sec. 3103                                            01/03/2007
-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.
-End-
-CITE-
    16 USC SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE       01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
    SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
-HEAD-
              SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE          
-End-
-CITE-
    16 USC Sec. 3111                                            01/03/2007
-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.
-MISC1-
                                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.
-End-
-CITE-
    16 USC Sec. 3112                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3113                                            01/03/2007
-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.
-MISC1-
                                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.
-End-
-CITE-
    16 USC Sec. 3114                                            01/03/2007
-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.
-MISC1-
                                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.
-End-
-CITE-
    16 USC Sec. 3115                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3116                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3117                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3118                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3119                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3120                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3121                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3122                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3123                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3124                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3125                                            01/03/2007
-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.
-MISC1-
                                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.
-End-
-CITE-
    16 USC Sec. 3126                                            01/03/2007
-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.
-End-
-CITE-
    16 USC SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS
           STUDIES, OIL AND GAS LEASING PROGRAM AND
           MINERAL ASSESSMENTS                             01/03/2007
-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
-End-
-CITE-
    16 USC Sec. 3141                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3142                                            01/03/2007
-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.
-MISC1-
                                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.
-End-
-CITE-
    16 USC Sec. 3143                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3144                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3145                                            01/03/2007
-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."
-End-
-CITE-
    16 USC Sec. 3146                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3147                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3148                                            01/03/2007
-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.
-MISC1-
                                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."
-End-
-CITE-
    16 USC Sec. 3149                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3150                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3151                                            01/03/2007
-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.
-End-
-CITE-
    16 USC SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS
           IN AND ACROSS, AND ACCESS INTO, CONSERVATION
           SYSTEM UNITS                                    01/03/2007
-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
-End-
-CITE-
    16 USC Sec. 3161                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3162                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3163                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3164                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3165                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3166                                            01/03/2007
-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; (!1)
        (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.
-FOOTNOTE-               
    (!1) So in original. Probably should be followed by "and".
-End-
-CITE-
    16 USC Sec. 3167                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3168                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3169                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3170                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3171                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3172                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3173                                            01/03/2007
-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.
-End-
-CITE-
    16 USC SUBCHAPTER V - FEDERAL-STATE COOPERATION             01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
    SUBCHAPTER V - FEDERAL-STATE COOPERATION
-HEAD-
                 SUBCHAPTER V - FEDERAL-STATE COOPERATION             
-End-
-CITE-
    16 USC Sec. 3181                                            01/03/2007
-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.(!1)
      (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                        
      Section 5703 of title 5, referred to in subsec. (e)(3), was
    amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat.
    85, and, as so amended, does not contain a subsec. (b).
      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.
-MISC1-
                   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.
-FOOTNOTE-               
    (!1) See References in Text note below.
-End-
-CITE-
    16 USC Sec. 3182                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3183                                            01/03/2007
-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.
-End-
-CITE-
    16 USC SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS            01/03/2007
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
-HEAD-
                 SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS             
-End-
-CITE-
    16 USC Sec. 3191                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3192                                            01/03/2007
-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.
-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (h). Pub. L. 100-395 designated existing
    provisions as par. (1) and added par. (2).
-End-
-CITE-
    16 USC Sec. 3192a                                           01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3193                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3194                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3195                                            01/03/2007
-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."
-End-
-CITE-
    16 USC Sec. 3196                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3197                                            01/03/2007
-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.
-MISC1-
                                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".
-End-
-CITE-
    16 USC Sec. 3198                                            01/03/2007
-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) Payment of expenses after death of an employee
      (1) Definition of immediate family member
        In this subsection, the term "immediate family member" means a
      person related to a deceased employee that was a member of the
      household of the deceased employee at the time of death.
      (2) Payments
        If an employee appointed under the program established by
      subsection (a) of this section dies in the performance of any
      assigned duties on or after October 1, 2002, the Secretary may - 
          (A) pay or reimburse reasonable expenses, regardless of when
        those expenses are incurred, for the preparation and
        transportation of the remains of the deceased employee to a
        location in the State of Alaska which is selected by the
        surviving head of household of the deceased employee;
          (B) pay or reimburse reasonable expenses, regardless of when
        those expenses are incurred, for transporting immediate family
        members and the baggage and household goods of the deceased
        employee and immediate family members to a community in the
        State of Alaska which is selected by the surviving head of
        household of the deceased employee.
    (d) 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; Pub.
    L. 108-199, div. H, Sec. 147, Jan. 23, 2004, 118 Stat. 445.)
-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.
-MISC1-
                                AMENDMENTS                            
      2004 - Subsecs. (c), (d). Pub. L. 108-199 added subsec. (c) and
    redesignated former subsec. (c) as (d).
      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."
-End-
-CITE-
    16 USC Sec. 3199                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3200                                            01/03/2007
-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,(!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.
    (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.
-FOOTNOTE-
    (!1) So in original. Probably should be "highway,".
-End-
-CITE-
    16 USC Sec. 3201                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3202                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3203                                            01/03/2007
-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 (!1) by this Act, the Secretary of Agriculture may
    permit or otherwise regulate the recovery and salvage of logs from
    coastlines.
-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.
-MISC1-
                                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.
-FOOTNOTE-
    (!1) So in original. Probably should be "designated".
-End-
-CITE-
    16 USC Sec. 3204                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3205                                            01/03/2007
-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 (!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.
    (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.
-FOOTNOTE-
    (!1) So in original. Probably should be "section".
-End-
-CITE-
    16 USC Sec. 3206                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3207                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3208                                            01/03/2007
-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) (!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.
-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.
-FOOTNOTE-
    (!1) So in original. No subsec. (b) has been enacted.
-End-
-CITE-
    16 USC Sec. 3209                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3210                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3211                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3212                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3213                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3214                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3215                                            01/03/2007
-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),(!1) May 3,
    1927 (44 Stat. 1364),(!1) May 14, 1898 (30 Stat. 413),(!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.
      (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 (!2) Act - 
        (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, Secs. 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.
-FOOTNOTE-
    (!1) See References in Text note below.
    (!2) So in original. Probably should be "this".
-End-
-CITE-
    16 USC SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY
           RECOMMENDATION PROCESS                          01/03/2007
-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
-End-
-CITE-
    16 USC Sec. 3231                                            01/03/2007
-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.)
-End-
-CITE-
    16 USC Sec. 3232                                            01/03/2007
-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.
-End-
-CITE-
    16 USC Sec. 3233                                            01/03/2007
-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.
-End-