II

104TH CONGRESS

2D SESSION S. 1920

To amend the Alaska National Interest Lands Conservation Act, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 1996

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To amend the Alaska National Interest Lands Conservation

Act, 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.

4 (a) The Alaska National Interest Lands Conservation

5 Act (Public Law 96–487, 94 Stat. 2371) is amended as

6 follows: Section 101 is amended by the addition of a new

7 subsection (e) as follows:

8 ‘‘(e) In order to comply with this Act all Federal pub9 lic land managers in Alaska, or a region that includes

10 Alaska, shall participate in an ANILCA training class as
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1 outlined in this legislation to be completed within 120 days

2 after enactment. All future appointed Federal public land

3 managers in Alaska, or a region containing Alaska, are

4 required to complete the aforementioned ANILCA train5 ing within 60 days of appointments.’’.

6 (b) Section 103(c) is amended by inserting ‘‘validly

7 selected or’’ in the second sentence before the word ‘‘con8 veyed’’.

9 (c) Section 202(1) is amended by adding the follow10 ing at the end thereof: ‘‘Subsistence uses by local residents

11 shall be permitted in the park where such uses are tradi12 tional in accordance with the provisions of title VIII.’’.

13 (d) Section 302(1)(B) is amended by adding the fol14 lowing new subparagraph (v) at the end thereof:

15 ‘‘(v) to provide opportunities for fish

16 and wildlife dependent recreation, includ17 ing fishing and hunting.’’.

18 (e) Section 303(1)(B) is amended by adding the fol19 lowing new subparagraph (vi) at the end thereof:

20 ‘‘(vi) to provide opportunities for fish

21 and wildlife dependent recreation, includ22 ing fishing and hunting.’’.

23 (f) In section 1102 add a new subsection (5) at the

24 end thereof:
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1 ‘‘(5) The term ‘compatible with the uses for

2 which the unit was established’ means activities

3 which would not cause significant adverse impacts

4 on conservation system units purposes.’’.

5 (g) Section 1105 is amended by designating the exist6 ing language as subsection (a) and inserting a new sub7 section (b) as follows:

8 ‘‘(b) Any alternative route that may be identified by

9 the head of the Federal agency shall not be less economi10 cally feasible and prudent than the route for the system

11 being sought by the applicant.’’.

12 (h) Section 1109 is amended by deleting ‘‘access.’’

13 and inserting in lieu thereof adding ‘‘access, including

14 rights-of-way established under Revised Statute 2477.’’.

15 (i) Section 1110(a) is amended by adding ‘‘specifi16 cally and tangibly’’ in the second sentence before the word

17 ‘‘detrimental’’.

18 (j) The second sentence in section 1110(a) is amend19 ed by striking ‘‘area’’ and inserting in lieu thereof: ‘‘area:

20 Provided, That reasonable regulations shall not include

21 any requirements for the demonstration of pre-existing

22 use, and: Provide further, That the Secretary shall limit

23 any prohibitions to the smallest area practicable, to the

24 smallest period of time, or both. No prohibition shall occur

25 prior to formal consultation with the State of Alaska.’’.
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1 (k) The last sentence of section 1110(b) is amended

2 by inserting ‘‘may include easements, rights-of-way, or

3 other interests in land or permits and’’ immediately after

4 ‘‘such rights’’.

5 (l) In the last sentence of section 1110(b), strike

6 ‘‘lands.’’ and inserting in lieu thereof the following:

7 ‘‘lands: Provided, That the Secretary shall not impose any

8 unreasonable fees or charges on those seeking to secure

9 their rights under this subsection. Individuals or entities

10 possessiong rights under this subsection shall not be sub11 ject to the requirement of sections 1104, 1105, 1106, and

12 1107 herein.’’.

13 (m) Section 1301(d) is amended by striking ‘‘permit’’

14 in the final sentence and inserting in lieu thereof ‘‘shall

15 enable’’.

16 (n) Section 1303(a)(1)(D) is amended by striking

17 ‘‘located.’’ and inserting in lieu thereof the following: ‘‘lo18 cated: Provided, That the applicant may not be required

19 to waive, forfeit, or relinquish its possessory or personalty

20 interests in a cabin or structure.’’.

21 (o) Section 1303(a)(2)(D) is amended by striking

22 ‘‘located.’’ and inserting in lieu thereof the following: ‘‘lo23 cated: Provided, That the applicant may not be required

24 to waive, forfeit, or relinquish its possessory or personalty

25 interests in a cabin or structure.’’.
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1 (p) Section 1303(b)(3)(D) is amended by striking

2 ‘‘located.’’ and inserting in lieu thereof the following: ‘‘lo3 cated: Provided, That the applicant may not be required

4 to waive, forfeit, or relinquish its possessory or personalty

5 interests in a cabin or structure.’’.

6 (q) Section 1303 is amended by adding a new sub7 section (e) as follows:

8 ‘‘(e) All permits, permit renewals, or renewal or con9 tinuation of valid leases issued pursuant to this section

10 shall provide for repair, maintenance, and replacement ac11 tivities and may authorize alterations to cabins and similar

12 structures that do not constitute a significant impairment

13 of unit purposes.’’.

14 (r) Section 1307 is amended by adding a new sen15 tence at the end as follows: ‘‘Inability to provide the serv16 ice for up to a five year period shall not constitute a relin17 quishment of a right under this section.’’.

18 (s) Section 1313 is amended at the end of the first

19 sentence by striking ‘‘regulation.’’ and inserting the fol20 lowing: ‘‘regulation: Provided, That a purpose of all pre21 serves units is to provide for fish and wildlife dependent

22 recreation including fishing and hunting.’’.

23 (t) Section 1314(c) is amended by striking ‘‘law.’’ at

24 the end of the first sentence and inserting the following:

25 ‘‘law: Provided, That the taking of fish and wildlife for
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1 sport purposes shall be permitted on each unit of the Ref2 uge system in Alaska, and: Provided further, That the Sec3 retary may designate zones where and periods when no

4 hunting, fishing, and trapping may be permitted for rea5 sons of public safety, administration, floral and faunal

6 protection, or public use and enjoyment. Except in emer7 gencies, any regulations prescribing such restrictions re8 lating to hunting, fishing, or trapping shall be put into

9 effect only after consultation with the appropriate State

10 agency having responsibility over hunting, fishing, and

11 trapping.’’.

12 (u) Section 1315 is amended by adding a new sub13 paragraph ‘‘(g) as follows:

14 ‘‘(g) Within National Forest Wilderness Areas and

15 National Forest Monument Areas as designated in this

16 Act, the Secretary of Agriculture may permit or otherwise

17 regulate helicopter use and landings.’’.

18 (v) Section 1316(a) is amended in the first sentence

19 be deleting ‘‘equipment’’ and inserting in lieu thereof:

20 ‘‘equipment, including motorized and mechanical equip21 ment,’’.

22 (w) Section 1316(a) is amended in the second sen23 tence by striking ‘‘consistent with the protection’’ and in24 serting in lieu thereof ‘‘not inconsistent with the conserva25 tion’’.
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1 (x) Section 1316(a) is amended by striking ‘‘permit2 tee.’’ in the last sentence and inserting in lieu thereof the

3 following: ‘‘permittee: Provided, That structures and facili4 ties may be allowed to stand from season to season.’’.

5 (y) Section 1316(b) is amended by inserting ‘‘signifi6 cantly’’ before the word ‘‘detrimental’’.

7 (z) Section 1317(c) is amended by deleting ‘‘section.’’

8 and inserting in lieu thereof: ‘‘section: Provided, That the

9 Secretary shall not establish management directives,

10 guidelines, policies or prescriptions for the purpose of ad11 ministering any study area to preserve wilderness values

12 prior to action by Congress on recommendations, if any,

13 for wilderness designation of a study area.’’.

14 (aa) Section 1319 is amended by designating the ex15 isting text as subsection ‘‘(a)’’ and adding the following

16 subsection (b):

17 ‘‘(b) Nothing in this Act shall be construed as limit18 ing or restricting the power and authority of the State

19 of Alaska except as expressly provided herein.’’.

20 (bb) The first sentence of section 1326(a) is amended

21 be striking ‘‘withdraws’’ in the first sentence and inserting

22 in lieu thereof: ‘‘withdraws, redesignates or reclassifies

23 into a more restrictive land management category’’.

Æ