II

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

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’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) the Alaska National Interest Lands Con9 servation Act (16 U.S.C. 460hh et seq.), enacted on

10 December 2, 1980, established the Gates of the Arc-
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1 tic National Park and Preserve and the Gates of the

2 Arctic Wilderness.

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

4 the highlands of the central Brooks Range, is vir5 tually surrounded by such national park and wilder6 ness area.

7 (3) Unlike most other Alaska Native commu8 nities, the village of Anaktuvuk Pass is not located

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

10 as a means of access.

11 (4) The residents of Anaktuvuk Pass have re12 lied increasingly on snow machines in winter and all13 terrain vehicles in summer as their primary means

14 of access to pursue caribou and other subsistence re15 sources.

16 (5) In a land exchange agreement in 1983, lin17 ear easements were reserved by the Inupiat Eskimo

18 people for use of all-terrain vehicles across certain

19 national park lands, mostly along stream and river

20 banks.

21 (6) Such linear easements proved unsatisfac22 tory, because such easements provided inadequate

23 access to subsistence resources and caused excessive

24 environmental impact from concentrated use.
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1 (7) Officials of the National Park Service and

2 the Nunamiut Corporation initiated discussions in

3 1985 to address concerns over the use of all-terrain

4 vehicles on park and wilderness land.

5 (8) Such discussions resulted in an agreement,

6 originally executed in 1992, and subsequently

7 amended in 1993 and 1994, between the National

8 Park Service and the Nunamiut Corporation and the

9 city of Anaktuvuk Pass, Alaska, and the Arctic

10 Slope Regional Corporation.

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

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

13 approval and ratification by Congress.

14 SEC. 3. DEFINITIONS.

15 As used in this Act:

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

17 means the document entitled ‘‘Donation, Exchange

18 of Lands and Interests and Wilderness Redesigna19 tion Agreement Among Arctic Slope Regional Cor20 poration, Nunamuit Corporation, City of Anaktuvuk

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

22 on December 17, 1992, and subsequently amended

23 by the parties in 1993 and 1994.

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

25 the Secretary of the Interior.
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1 SEC. 4. RATIFICATION OF AGREEMENT.

2 (a) RATIFICATION.—

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

4 ratified and confirmed. The terms, conditions, proce5 dures, covenants, reservations, and other provisions

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

7 the Agreement, and subsequently amended are here8 by are ratified and confirmed. The obligations and

9 commitments of the United States, Arctic Slope Re10 gional Corporation, Nunamiut Corporation and the

11 city of Anaktuvuk Pass, under such Agreement are

12 hereby considered to be a matter of Federal law.

13 (2) LAND ACQUISITION.—Subject to any appli14 cable law, the lands acquired by the United States

15 pursuant to the Agreement shall be administered by

16 the Secretary as part of the Gates of the Arctic Na17 tional Park and Preserve.

18 (b) MAPS.—

19 (1) IN GENERAL.—The lands subject to the

20 conveyances, retention of surface access rights, ac21 cess easements, and all-terrain vehicle easements

22 shall be determined in accordance with the maps de23 scribed as exhibits C1, C2, and D through I of the

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

25 ‘‘Land Exchange Actions, Proposed Anaktuvuk Pass

26 Land Exchange and Wilderness Redesignation,
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1 Gates of the Arctic National Park and Preserve’’,

2 dated April 1994.

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

4 file at the Alaska Regional Office of the National

5 Park Service and the offices of Gates of the Arctic

6 National Park and Preserve in Fairbanks, Alaska.

7 (3) PUBLIC INSPECTION.—The Secretary shall

8 ensure that written legal descriptions of the lands

9 described in paragraph (1) shall be available for

10 public inspection in the offices specified in para11 graph (2).

12 (4) DISCREPANCIES.—In case of any discrep13 ancy between the maps described in paragraph (1)

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

15 80,039 shall control.

16 SEC. 5. NATIONAL PARK SYSTEM WILDERNESS.

17 (a) REDESIGNATION.—

18 (1) IN GENERAL.—Section 701(2) of the Alaska

19 National Interest Lands Conservation Act (16

20 U.S.C. 1132 note) is amended by striking out ‘‘ap21 proximately seven million and fifty-two thousand

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

23 7,340,832 acres’’.

24 (2) ACREAGE.—The amendment made by para25 graph (1) shall result in the addition to the Gates
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1 of the Arctic Wilderness of approximately 56,825

2 acres, and the rescission of approximately 73,993

3 acres as wilderness, from the total acreage of the

4 Gates of Arctic Wilderness (as determined on the

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

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

7 are depicted on a map prepared by the National Park

8 Service entitled ‘‘Wilderness Actions, Proposed Anaktuvuk

9 Pass Land Exchange and Wilderness Redesignation,

10 Gates of the Arctic National Park and Preserve’’, Map

11 No. 185/80,040, dated April 1994, and on file at the Alas12 ka Regional Office of the National Park Service and the

13 office of Gates of the Arctic National Park and Preserve

14 in Fairbanks, Alaska.

15 SEC. 6. CONFORMANCE WITH OTHER LAW.

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

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

18 by Arctic Slope Regional Corporation or Nunamiut Cor19 poration pursuant to the Agreement shall be deemed to

20 have been conveyed and received pursuant to the require21 ments relating to land exchanges under section 22(f) of

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

23 1621(f)).
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1 (b) VALID EXISTING RIGHTS.—All of the lands or in2 terests in lands conveyed pursuant to the Agreement shall

3 be conveyed subject to valid existing rights.

4 (c) ALASKA NATIONAL INTEREST LANDS CONSERVA5 TION ACT.—Nothing in this Act or in the Agreement may

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

7 or obligations of any person, except to the extent specifi8 cally set forth in this Act or the Agreement (including the

9 specific preference for subsistence uses and access to sub10 sistence resources provided under the Alaska National In11 terest Lands Conservation Act (94 Stat. 2417 et seq.)).

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