II

106TH CONGRESS

1ST SESSION S. 744

To provide for the continuation of higher education through the conveyance

of certain public lands in the State of Alaska to the University of

Alaska, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

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

referred to the Committee on Energy and Natural Resources

A BILL

To provide for the continuation of higher education through

the conveyance of certain public lands in the State of

Alaska to the University of Alaska, 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. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—The Congress finds that—

5 (1) the University of Alaska is the successor to

6 and the beneficiary of all Federal grants and convey7 ances to or for the Alaska Agricultural College and

8 School of Mines;
2

S 744 IS

1 (2) under the Acts of March 4, 1915, 38 Stat.

2 1214, and January 21, 1929, 45 Stat. 1091, the

3 United States granted to the Territory of Alaska

4 certain federal land for the University of Alaska;

5 (3) the Territory was unable to receive most of

6 the land intended to be conveyed by the Act of

7 March 4, 1915, before repeal of that Act by sec.

8 6(k) of the Alaska Statehood Act (Public Law 85–

9 508, 72 Stat. 339);

10 (4) only one other state land grant college in

11 the United States has obtained a smaller land grant

12 from the federal government than the University of

13 Alaska has received, and all land grant colleges in

14 the western states of the United States have ob15 tained substantially larger land grants than the Uni16 versity of Alaska;

17 (5) an academically strong and financially se18 cure state university system is a cornerstone to the

19 long-term development of a stable population and to

20 a healthy, diverse economy and is in the national in21 terest;

22 (6) the national interest is served by transfer23 ring certain federal lands to the University of Alaska

24 which will be able to use and develop the resources

25 of such lands and by returning certain lands held by
3

S 744 IS

1 the University of Alaska located within certain fed2 eral conservation system units to federal ownership;

3 (7) the University of Alaska holds valid legal

4 title to and is responsible for management of lands

5 transferred by the United States to the Territory

6 and State of Alaska for the University and an ex7 change of lands is consistent with and in furtherance

8 of the purposes and terms of, and thus not in viola9 tion of, the Federal grant of such lands.

10 (b) PURPOSES.—The purposes of this act are—

11 (1) to fulfill the original commitment of Con12 gress to establish the University of Alaska as a land

13 grant university with holdings sufficient to facilitate

14 operation and maintenance of a university system

15 for the inhabitants of the State of Alaska; and

16 (2) to acquire from the University of Alaska

17 lands it holds within federal Parks, Wildlife Refuges,

18 and Wilderness areas.

19 SEC. 2. LAND GRANT.

20 (a) Notwithstanding any other provision of law and

21 subject to valid existing rights, the University of Alaska

22 (‘‘University’’) is entitled to select up to 250,000 acres

23 of federal lands or interest in lands in or adjacent to Alas24 ka as a grant. The Secretary of the Interior (‘‘Secretary’’)

25 shall promptly convey to the University federal lands se-
4

S 744 IS

1 lected and approved in accordance with the provisions of

2 this Act.

3 (b)(1) Within 48 months of the enactment of this

4 Act, the University of Alaska may submit to the Secretary

5 a description of lands or interests in lands for conveyance

6 under subsection (a). The initial selection may be less than

7 or exceed the maximum amount of the grant and the Uni8 versity may add or delete lands or interest in lands during

9 this period, except that selections shall not exceed 275,000

10 acres at any one time.

11 (2) The University may select lands validly selected

12 but not conveyed to the State of Alaska or to a Native

13 Corporation organized pursuant to the Alaska Native

14 Claims Settlement Act (85 Stat. 688), except that these

15 lands or interests in lands may not be approved or con16 veyed to the University unless the State of Alaska or the

17 Native Corporation relinquishes its selection in writing.

18 (3) The University may not make selections within

19 a Conservation System Unit, as defined in the Alaska Na20 tional Interest Lands Conservation Act (16 U.S.C. 3101),

21 or in the Tongass National Forest except within lands

22 classified as LUD III or LUD IV by the United States

23 Forest Service and limited to areas of second growth tim24 ber where timber harvest occurred after January 1, 1952.
5

S 744 IS

1 (4) The University may make selections within the

2 National Petroleum Reserve-Alaska (‘‘NPRA’’), except

3 that—

4 (A) no selection may be made within an area

5 withdrawn for village selection pursuant to section

6 11(a) of the Alaska Native Claims Settlement Act

7 for the Native villages of Atkasook, Barrow, Nuiqsit

8 and Wainwright;

9 (B) no selection may be made in the Teshekpuk

10 Lake Special Area as depicted on a map dated

11 March 24; and

12 (C) No selections may be made within those

13 portions of NPRA north of latitude 69 degrees

14 North in excess of 92,000 acres. Notwithstanding

15 any other provision of this Act, no selection may be

16 made within such area during the two year period

17 extending from the date of enactment of this act.

18 The Secretary shall attempt to conclude an agree19 ment with the University of Alaska and the State of

20 Alaska providing for sharing NPRA leasing revenues

21 within the two year period. If the Secretary con22 cludes such an agreement, he shall transmit it to the

23 Congress, and no selection may be made within such

24 area during the three year period extending from the

25 date of enactment of this Act. If legislation has not
6

S 744 IS

1 been enacted within three years of the date of enact2 ment of this Act approving the agreement, the Uni3 versity of Alaska may make selections within such

4 area. An agreement shall provide for the University

5 of Alaska to receive a portion of annual revenues

6 from mineral leases within NPRA in lieu of any land

7 selections within NPRA north of latitude 69 degrees

8 North, but not to exceed ten percent of such reve9 nues or $9 million annually, whichever is less.

10 (5) Within forty-five (45) days of receipt of a selec11 tion, the Secretary shall publish notice of the selection in

12 the Federal Register. The notice shall identify the lands

13 or interest in lands included in the selection and provide

14 for a period for public comment not to exceed sixty (60)

15 days.

16 (6) Within six months of the receipt of such a notice

17 the Secretary shall accept or reject the selection and shall

18 promptly notify the University of his decision, including

19 the reasons for any rejection. A selection that is not re20 jected within six months of notification to the Secretary

21 is approved without further action.

22 (7) The Secretary may reject a selection if the Sec23 retary finds that the selection would have a significant ad24 verse impact on ability of the Secretary to comply with

25 the land entitlement provisions of the Alaska Statehood
7

S 744 IS

1 Act or the Alaska Native Claims Settlement Act. (43

2 U.S.C. 1601) or if the Secretary finds that the selection

3 would have a direct, significant and irreversable adverse

4 effect on a Conservation System Unit as defined in the

5 Alaska National Interest Conservation Act.

6 (8) The Secretary shall promptly publish notice of an

7 acceptance or rejection of a selection in the Federal Reg8 ister.

9 (9) An action taken pursuant to this Act is not a

10 major federal action within the meaning of section

11 102(2)(C) of Public Law 91–190 (83 Stat. 852, 853).

12 (c) The University may not select federal lands or in13 terest in lands reserved for military purposes or reserved

14 for the administration of a federal agency, unless the Sec15 retary of Defense or the head of the affected agency agrees

16 to relinquish the lands or interest in lands.

17 (d) The University may select additional lands or in18 terest in lands to replace lands rejected by the Secretary.

19 (e) Lands or interest in lands shall be segregated and

20 unavailable for selection by and conveyance to the State

21 of Alaska or a Native Corporation and shall not be other22 wise encumbered or disposed of by the United States

23 pending completion of the selection process.

24 (f) The University may enter selected lands on a non25 exclusive basis to assess the oil, gas, mineral and other
8

S 744 IS

1 resource potential therein and to exercise due diligence re2 garding making a final selection. The University, and its

3 delegates or agents, shall be permitted to engage in assess4 ment techniques including, but not limited to, core drilling

5 to assess the metalliferous or other values, and surface

6 geological exploration and seismic exploration for oil and

7 gas, except that exploratory drilling of oil and gas wells

8 shall not be permitted.

9 (g) Within one year of the Secretary’s approval of

10 a selection, the University may make a final decision

11 whether to accept these lands or interest in lands and shall

12 notify the Secretary of its decision. The Secretary shall

13 publish notice of any such acceptance in the Federal Reg14 ister within six months. Effective on the date that such

15 notice is published, all right, title, and interest of the

16 United States in the described selection, including the

17 right to transfer, assign, alienate, exchange, grant, deed,

18 lease or otherwise convey any or all present or future in19 terest in the lands or interest in lands shall vest in the

20 University.

21 (h) Lakes, rivers and streams contained within final

22 selections shall be meandered and lands submerged there23 under shall be conveyed in accordance with section 901

24 of the Alaska National Interest Lands Conservation Act

25 (94 Stat. 2371, 2430; 43 U.S.C. 1631).
9

S 744 IS

1 (i) Upon completion of a survey of lands or interests

2 in lands subject to an interim approval, the Secretary shall

3 promptly issue patent to these lands or interest in lands.

4 (j) The Secretary of Agriculture and the heads of

5 other Federal departments and agencies shall take

6 promptly such actions as may be necessary to assist the

7 Secretary implementing this Act.

8 SEC. 3. RELINQUISHMENT OF CERTAIN UNIVERSITY OF

9 ALASKA HOLDINGS.

10 (a) As a condition to any grant provided by section

11 2 of this Act, the University shall convey to the Secretary

12 those lands listed in ‘‘The University of Alaska’s Inholding

13 Reconveyance Document’’ and dated April 24, 1997.

14 (b) The University shall begin conveyance of the

15 lands described in subsection (a) upon approval of selected

16 lands and shall convey to the Secretary a percentage of

17 these lands approximately equal to that percentage of the

18 total grant represented by the approval. The University

19 shall not be required to convey to the Secretary any lands

20 other than those listed in subsection (a). The Secretary

21 shall accept quitclaim deeds from the University for these

22 lands.

23 SEC. 4. JUDICIAL REVIEW.

24 The University of Alaska may bring an appropriate

25 action, including an action in the nature of mandamus,
10

S 744 IS

1 against the Secretary for violation of this Act or for review

2 of a final agency decision taken under this Act. An action

3 pursuant to this section may be brought in the United

4 States District Court for the District of Alaska within two

5 (2) years of the alleged violation or final agency decision.

6 SEC. 6. STATE MATCHING GRANT.

7 (a) Notwithstanding any other provision of law and

8 subject to valid existing rights, the University may, in ad9 dition to the grant made available in section 2, select up

10 to 250,000 acres of federal lands or interests in lands in

11 or adjacent to Alaska to be conveyed on an acre-for-acre

12 basis as a matching grant for any lands granted to the

13 University by the State of Alaska after the date of enact14 ment of this Act.

15 (b) Selections of lands or interests in lands pursuant

16 to this section shall be in parcels of 25,000 acres or great17 er.

18 (c) Grants made under this section shall be subject

19 to the terms and conditions applicable to grants made

20 under section 2 of this Act.

Æ