Calendar No. 652

103D CONGRESS

2D SESSION S. 2303

A BILL

To provide for the exchange of lands within Gates

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

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported with amendments
II

Calendar No. 652

103D CONGRESS

2D SESSION S. 2303

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

Park and Preserve, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 21 (legislative day, JULY 20), 1994

Mr. MURKOWSKI (for himself and Mr. STEVENS) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with amendments

[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) the Alaska National Interest Lands Con4 servation Act (16 U.S.C. 460hh et seq.), enacted on

5 December 2, 1980, established the Gates of the Arc6 tic National Park and Preserve and the Gates of the

7 Arctic Wilderness.

8 (2) The village of Anaktuvuk Pass, located in

9 the highlands of the central Brooks Range, is vir10 tually surrounded by such national park and wilder11 ness area.

12 (3) Unlike most other Alaska Native commu13 nities, the village of Anaktuvuk Pass is not located

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

15 as a means of access.

16 (4) The residents of Anaktuvuk Pass have re17 lied increasingly on snow machines in winter and all18 terrain vehicles in summer as their primary means

19 of access to pursue caribou and other subsistence re20 sources.

21 (5) In a land exchange agreement in 1983, lin22 ear easements were reserved by the Inupiat Eskimo

23 people for use of all-terrain vehicles across certain

24 national park lands, mostly along stream and river

25 banks.
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1 (6) Such linear easements proved unsatisfac2 tory, because such easements provided inadequate

3 access to subsistence resources and caused excessive

4 environmental impact from concentrated use.

5 (7) Officials of the National Park Service and

6 the Park Service and Nunamiut Corporation initi7 ated discussions in 1985 to address concerns over

8 the use of all-terrain vehicles on park and wilderness

9 land.

10 (8) Such discussions resulted in an agreement,

11 originally executed in 1992, and subsequently

12 amended in 1993 and 1994, between the National

13 Park Service and the Park Service and Nunamiut

14 Corporation and the city of Anaktuvuk Pass, Alaska,

15 and the Alaska, and Arctic Slope Regional Corpora16 tion.

17 (9) The full effectuation of the agreement, by

18 its terms, described in paragraph (7) requires the

19 approval and ratification by Congress.

20 SEC. 3. DEFINITIONS.

21 As used in this Act:

22 (1) AGREEMENT.—The term ‘‘Agreement’’

23 means the document entitled ‘‘Donation, Exchange

24 of Lands and Interests and Wilderness Redesigna25 tion Agreement Among Arctic Slope Regional Cor-
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1 poration, Nunamuit Corporation, City of Anaktuvuk

2 Pass and the United States of America’’, executed

3 on December 17, 1992, and subsequently amended

4 by the parties in 1993 and 1994.

5 (2) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of the Interior.

7 SEC. 4. RATIFICATION OF AGREEMENT.

8 (a) RATIFICATION.—

9 (1) IN GENERAL.—The Agreement is hereby

10 ratified and confirmed. The terms, conditions, proce11 dures, covenants, reservations, and other provisions

12 set forth by the parties specified in section 2(7) of

13 the Agreement, and subsequently amended are here14 by are ratified and confirmed. The obligations and

15 commitments of the United States, Arctic Slope Re16 gional Corporation, Nunamiut Corporation and the

17 city of Anaktuvuk Pass, under such Agreement are

18 hereby considered to be a matter of Federal law.

19 (2) LAND ACQUISITION.—Subject to any appli20 cable law, the lands acquired by the United States

21 pursuant to the Agreement shall be administered by

22 the Secretary as part of the Gates of the Arctic Na23 tional Park and Preserve.

24 (b) MAPS.—
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1 (1) IN GENERAL.—The lands subject to the

2 conveyances, retention of surface access rights, ac3 cess easements, and all-terrain vehicle easements

4 shall be determined in accordance with the maps de5 scribed as exhibits C1, C2, and D through I of the

6 Agreement and the Map No. 185/80,039, entitled

7 ‘‘Land Exchange Actions, Proposed Actions,

8 Anaktuvuk Pass Land Exchange and Wilderness Re9 designation, Gates of the Arctic National Park and

10 Preserve’’, dated April 1994.

11 (2) LOCATION OF MAPS.—The maps shall be on

12 file at the Alaska Regional Office of the National

13 Park Service and the offices of Gates of the Arctic

14 National Park and Preserve in Fairbanks, Alaska.

15 (3) PUBLIC INSPECTION.—The Secretary shall

16 ensure that written legal descriptions of the lands

17 described in paragraph (1) shall be available for

18 public inspection in the offices specified in para19 graph (2).

20 (4) DISCREPANCIES.—In case of any discrep21 ancy between the maps described in paragraph (1)

22 and the Map No. 185/80,039, the Map No. 185/

23 80,039 shall control.

24 SEC. 5. NATIONAL PARK SYSTEM WILDERNESS.

25 (a) REDESIGNATION.—
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1 (1) IN GENERAL.—Section 701(2) of the Alaska

2 National Interest Lands Conservation Act (16

3 U.S.C. 1132 note) is amended by striking out ‘‘ap4 proximately seven million and fifty-two thousand

5 acres’’ and inserting in lieu thereof ‘‘approximately

6 7,340,832 acres seven million thirty-four thousand

7 eight hundred and thirty-two acres’’.

8 (2) ACREAGE.—The amendment made by para9 graph (1) shall result in the addition to the Gates

10 of the Arctic Wilderness of approximately 56,825

11 acres, and the rescission of approximately 73,993

12 acres as wilderness, from the total acreage of the

13 Gates of Arctic Wilderness (as determined on the

14 day before the date of enactment of this Act).

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

16 are depicted on a map prepared by the National Park

17 Service entitled ‘‘Wilderness Actions, Proposed Actions,

18 Anaktuvuk Pass Land Exchange and Wilderness Redesig19 nation, Gates of the Arctic National Park and Preserve’’,

20 Map No. 185/80,040, dated April 1994, and on file at the

21 Alaska Regional Office of the National Park Service and

22 the office of Gates of the Arctic National Park and Pre23 serve in Fairbanks, Alaska.

24 (c) REDESIGNATION.—

25 (1) IN GENERAL.—
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1 (A) Section 201(8)(a) of the Alaska Na2 tional Interest Lands Conservation Act is

3 amended by striking out ‘‘approximately six mil4 lion four hundred and sixty thousand acres’’ and

5 inserting in lieu thereof ‘‘approximately six mil6 lion four hundred and seventy-seven thousand

7 one hundred and sixty-eight acres’’.

8 (B) Section 701(7) of the Alaska National

9 Interest Lands Conservation Act (16 U.S.C.

10 1132) is amended by striking out ‘‘approxi11 mately five million eight hundred thousand

12 acres’’ and inserting in lieu thereof ‘‘approxi13 mately five million eight hundred seventeen thou14 sand one hundred and sixty eight acres’’.

15 (2) ACREAGE.—The amendment made by para16 graph (1) shall result in the addition to the Noatak

17 National Preserve and the Noatak Wilderness of ap18 proximately 17,168 acres to the total acreage of the

19 Noatak National Preserve and the Noatak Wilderness

20 (as determined on the day before the date of enact21 ment of this Act).

22 (d) MAPS.—The lands redesignated in subsection (c)

23 are depicted on a map entitled ‘‘Proposed Noatak National

24 Preserve Wilderness expansion’’ dated September 19, 1994.
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1 SEC. 6. CONFORMANCE WITH OTHER LAW.

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

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

4 by Arctic Slope Regional Corporation or Nunamiut Cor5 poration pursuant to the Agreement shall be deemed to

6 have been conveyed and received pursuant to the require7 ments relating to land exchanges under section 22(f) of

8 the Alaska Native Claims Settlement Act (43 U.S.C.

9 1621(f)).

10 (b) VALID EXISTING RIGHTS.—All of the lands or in11 terests in lands conveyed pursuant to the Agreement shall

12 be conveyed subject to valid existing rights.

13 (c) ALASKA NATIONAL INTEREST LANDS CONSERVA14 TION ACT.—Nothing in this Act or in the Agreement may

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

16 or obligations of any person, except to the extent specifi17 cally set forth in this Act or the Agreement (including the

18 specific preference for subsistence uses and access to sub19 sistence resources provided under the Alaska National In20 terest Lands Conservation Act (94 Stat. 2417 et seq.)).