Union Calendar No. 442

103D CONGRESS

2D SESSION H. R. 4746

[Report No. 103–769]

A BILL

To provide for the exchange of lands within Gates

for other purposes.of the Arctic National Park and Preserve, and

OCTOBER 3, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 442

103D CONGRESS

2D SESSION H. R. 4746

[Report No. 103–796]

To provide for the exchange of lands within Gates of the Arctic National

Park and Preserve, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 1994

Mr. MILLER of California (by request) introduced the following bill; which was

referred to the Committee on Natural Resources

OCTOBER 3, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

A BILL

To provide for the exchange of lands within Gates of the

Arctic National Park and Preserve, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Anaktuvuk Pass Land

5 Exchange and Wilderness Redesignation Act of 1994’’.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) On December 2, 1980, the Alaska National

4 Interest Lands Conservation Act (94 Stat. 2371) es5 tablished (1) The Alaska National Interest Lands

6 Conservation Act (94 Stat. 2371), enacted on Decem7 ber 2, 1980, established Gates of the Arctic National

8 Park and Preserve and Gates of the Arctic Wilder9 ness. The village of Anaktuvuk Pass, located in the

10 highlands of the central Brooks Range, is virtually

11 surrounded by these national park and wilderness

12 lands and is the only Native village located within

13 the boundary of a National Park System unit in

14 Alaska.

15 (2) Unlike most other Alaskan Native commu16 nities, the village of Anaktuvuk Pass is not located

17 on a major river, lake, or coastline that can be used

18 as a means of access. The residents of Anaktuvuk

19 Pass have relied increasingly on snow machines in

20 winter and all-terrain vehicles in summer as their

21 primary means of access to pursue caribou and

22 other subsistence resources.

23 (3) In a 1983 land exchange agreement, linear

24 easements were reserved by the Inupiat Eskimo peo25 ple for use of all-terrain vehicles across certain na26 tional park lands, mostly along stream and river
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1 banks. These linear easements proved unsatisfactory,

2 because they provided inadequate access to subsist3 ence resources while causing excessive environmental

4 impact from concentrated use.

5 (4) The National Park Service and the

6 Nunamiut Corporation initiated discussions in 1985

7 to address concerns over the use of all-terrain vehi8 cles on park and wilderness land. These discussions

9 resulted in an agreement, originally executed in

10 1992 and thereafter amended in 1993 and 1994,

11 among the National Park Service, the Nunamiut

12 Corporation, the City of Anaktuvuk Pass, and the

13 and Arctic Slope Regional Corporation. Full effec14 tuation of this agreement, as amended, by its terms

15 requires ratification by the Congress.

16 SEC. 3. RATIFICATION OF AGREEMENT.

17 (a) RATIFICATION.—

18 (1) IN GENERAL.—The terms, conditions, pro19 cedures, covenants, reservations and other provisions

20 set forth in the document entitled ‘‘Donation, Ex21 change of Lands and Interests in Lands and Wilder22 ness Redesignation Agreement Among Arctic Slope

23 Regional Corporation, Nunamiut Corporation, City

24 of Anaktuvuk Pass and the United States of Amer25 ica’’ (hereinafter referred to in this Act as ‘‘the
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1 Agreement’’), executed by the parties on December

2 17, 1992, as amended, are hereby incorporated in

3 this Act, are ratified and confirmed, and set forth

4 the obligations and commitments of the United

5 States, Arctic Slope Regional Corporation,

6 Nunamiut Corporation and the City of Anaktuvuk

7 Pass, as a matter of Federal law.

8 (2) LAND ACQUISITION.—Lands acquired by

9 the United States pursuant to the Agreement shall

10 be administered by the Secretary of the Interior

11 (hereinafter referred to as the ‘‘Secretary’’) as part

12 of Gates of the Arctic National Park and Preserve,

13 subject to the laws and regulations applicable there14 to.

15 (b) MAPS.—The maps set forth as Exhibits C1, C2,

16 and D through I to the Agreement depict the lands subject

17 to the conveyances, retention of surface access rights, ac18 cess easements and all-terrain vehicle easements. These

19 lands are depicted in greater detail on a map entitled

20 ‘‘Land Exchange Actions, Proposed Anaktuvuk Pass Land

21 Exchange and Wilderness Redesignation, Gates of the

22 Arctic National Park and Preserve’’, Map No. 185/80,039,

23 dated April 1994, and on file at the Alaska Regional Of24 fice of the National Park Service and the offices of Gates

25 of the Arctic National Park and Preserve in Fairbanks,
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1 Alaska. Written legal descriptions of these lands shall

2 be prepared and made available in the above offices. In

3 case of any discrepancies, Map No. 185/80,039, shall be

4 controlling.

5 SEC. 4. NATIONAL PARK SYSTEM WILDERNESS.

6 (a) REDESIGNATION.—Section 701(2) of the Alaska

7 National Interest Lands Conservation Act (94 Stat. 2371,

8 2417) establishing the Gates of the Arctic Wilderness is

9 hereby amended with the addition of approximately

10 56,825 acres as wilderness and the rescission of approxi11 mately 73,993 acres as wilderness, thus revising the Gates

12 of the Arctic Wilderness to approximately 7,034,832

13 acres.

14 (b) MAPS.—The lands redesignated in subsection (a)

15 are depicted on a map entitled ‘‘Wilderness Actions, Pro16 posed Anaktuvuk Pass Land Exchange and Wilderness

17 Redesignation, Gates of the Arctic National Park and Pre18 serve’’, Map No. 185/80,040, dated April 1994, and on

19 file at the Alaska Regional Office of the National Park

20 Service and the office of Gates of the Arctic National Park

21 and Preserve in Fairbanks, Alaska.

22 SEC. 5. BUREAU OF LAND MANAGEMENT WILDERNESS.

23 Title VII of the Alaska National Interest Lands Con24 servation Act (94 Stat. 2371, 2417) is hereby amended

25 by adding at the end the following:
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1 ‘‘DESIGNATION OF WILDERNESS ON BUREAU OF LAND

2 MANAGEMENT LANDS

3 ‘‘SEC. 709. (a) In accordance with subsection 3(c) of

4 the Wilderness Act (78 Stat. 892), the public lands within

5 the boundaries depicted as ‘Proposed Wilderness’ on the

6 maps referred to in this section are hereby designated as

7 wilderness, with the nomenclature and approximate acre8 age as indicated below:

9 ‘‘(1) Nigu Wilderness, of approximately 41,000

10 acres.

11 ‘‘(b) The Nigu Wilderness as established in sub12 section (a)(1) is depicted on the map entitled ‘Appendix

13 D, Proposed Action Recommended Wilderness Area’ in the

14 September 14, 1988, Central Arctic Management Area

15 Wilderness Recommendations and Final Environmental

16 Impact Statement.’’.

17 SEC. 5. NATIONAL PARK SYSTEM WILDERNESS.

18 (a) REDESIGNATION.—Section 201(8)(a) of the Alaska

19 National Interest Land Conservation Act is amended by—

20 (1) striking ‘‘approximately six million four

21 hundred and sixty thousand acres’’ and inserting in

22 lieu thereof ‘‘approximately 6,477,168 acres’’; and

23 (2) inserting ‘‘and the map entitled ‘Noatak Na24 tional Preserve and Noatak Wilderness Addition’

25 dated September 1994’’ after ‘‘July 1980’’.
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1 (b) SECTION 701.—Section 701(7) of the Alaska Na2 tional Interest Lands Conservation Act (16 U.S.C. 1132)

3 is amended by striking ‘‘approximately five million eight

4 hundred thousand acres’’ and inserting in lieu thereof ‘‘ap5 proximately 5,817,168 acres’’.

6 SEC. 6. CONFORMANCE WITH OTHER LAW.

7 (a) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All

8 of the lands, or interests therein, conveyed to and received

9 by Arctic Slope Regional Corporation or Nunamiut Cor10 poration pursuant to the Agreement shall be deemed con11 veyed and received pursuant to exchanges under section

12 22(f) of the Alaska Native Claims Settlement Act, as

13 amended (43 U.S.C. 1601, 1621(f)). All of the lands or

14 interests in lands conveyed pursuant to the Agreement

15 shall be conveyed subject to valid existing rights.

16 (b) ALASKA NATIONAL INTEREST LANDS CONSERVA17 TION ACT.—Nothing in this Act or in the Agreement shall

18 be construed to enlarge or diminish the rights, privileges,

19 or obligations of any person, except to the extent specifi20 cally set forth in this Act or the Agreement, including spe21 cifically the preference for subsistence uses and access to

22 subsistence resources provided under title VIII of the

23 Alaska National Interest Lands Conservation Act, as

24 amended (94 Stat. 2371–2422).
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1 (b) ALASKA NATIONAL INTEREST LANDS CONSERVA2 TION ACT.—Except to the extent specifically set forth in this

3 Act or the Agreement, nothing in this Act or in the Agree4 ment shall be construed to enlarge or diminish the rights,

5 privileges, or obligations of any person, including specifi6 cally the preference for subsistence uses and access to sub7 sistence resources provided under the Alaska National Inter8 est Lands Conservation Act, as amended (16 U.S.C. 3101

9 et seq.).