II

106TH CONGRESS

1ST SESSION S. 1826

To provide grants to the State of Alaska for the purpose of assisting that

State in fulfilling its responsibilities under sections 803, 804, and 805

of the Alaska National Interest Lands Conservation Act, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 28, 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 grants to the State of Alaska for the purpose

of assisting that State in fulfilling its responsibilities

under sections 803, 804, and 805 of 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. CERTIFICATION; GRANTS.

4 (a) CERTIFICATION.—Upon the request of the Gov5 ernor of Alaska, the Secretary of the Interior shall

6 promptly certify to the President of the Senate and the

7 Speaker of the House of Representatives that a bill or res8 olution has been passed by the Alaska State Legislature
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•S 1826 IS

1 which, if approved by the electorate, would amend the

2 Constitution of the State of Alaska to enable the imple3 mentation of State laws of general applicability consistent

4 with, and which provide for, the definition, preference, and

5 participation specified in sections 803, 804, and 805 of

6 the Alaska National Interest Lands Conservation Act

7 (hereinafter referred to as ‘‘ANILCA’’) (16 U.S.C. 3113,

8 3114, and 3115, respectively).

9 (b) GRANTS.—If the Secretary of the Interior makes

10 a certification pursuant to subsection (a), the Secretary

11 of the Interior and the Secretary of Agriculture shall each

12 make a grant of all unobligated funds provided for activi13 ties under title VIII of ANILCA to the State of Alaska

14 for the purpose of assisting that State in fulfilling its re15 sponsibilities under sections 803, 804, and 805 of that

16 title.

17 SEC. 2. RESTRICTION ON FEDERAL ACTION.

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law and in accordance with subsection (b), no final

20 or interim rule, regulation, or policy issued pursuant to

21 title VIII of ANILCA to manage or to assert jurisdiction,

22 authority, or control over land, water, and wild, renewable

23 resources (including fish and wildlife) in Alaska for sub24 sistence uses, may be implemented or enforced except

25 within areas which—
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•S 1826 IS

1 (1) were subject to Federal management for

2 subsistence uses pursuant to that title as of October

3 1, 1998;

4 (2) are listed in section 100.3(b) of title 50,

5 Code of Federal Regulations, as published on Octo6 ber 1, 1998; and

7 (3) constitute ‘‘public land or public lands’’, as

8 such term is defined in section 100.4 of title 50,

9 Code of Federal Regulations, as published on Octo10 ber 1, 1998.

11 (b) EFFECTIVE DATE.—Subsection (a) shall go into

12 effect on the date that the Secretary of the Interior makes

13 a certification pursuant to section 1(a), and shall remain

14 in effect unless—

15 (1) the amendment to the Constitution of the

16 State of Alaska to enable the implementation of

17 State laws of general applicability consistent with,

18 and which provide for, the definition, preference, and

19 participation specified in sections 803, 804, and 805

20 of the ANILCA upon which such certification pursu21 ant to section 1(a) was based is not approved by the

22 electorate at the earliest date permitted under State

23 law; or

24 (2) State laws of general applicability consistent

25 with, and which provide for, the definition, pref-
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1 erence, and participation specified in sections 803,

2 804, and 805 of ANILCA do not take effect by the

3 end of the first regular session of the Alaska Legis4 lature following the date on which such a constitu5 tional amendment is approved by the electorate.

6 SEC. 3. LOCAL HIRING AND PARTICIPATION.

7 When undertaking activities pursuant to title VIII of

8 ANILCA—

9 (1) section 1308 of that Act shall be imple10 mented;

11 (2) the participation of and consult with the

12 State of Alaska, Native Corporations established

13 under the Alaska Native Claims Settlement Act, and

14 other Alaska Native entities shall be encouraged in

15 developing the implementation plan for activities

16 under title VIII of ANILCA; and

17 (3) where practicable, State, Native Corpora18 tions, and entities shall be contracted with to pro19 vide these activities.

20 SEC. 4. CLAIM TO TIDAL OR SUBMERGED LANDS NOT AF21 FECTED.

22 Nothing in this Act invalidates, validates, or in any

23 other way affects any claim of the State of Alaska to title

24 to any tidal or submerged land in Alaska.

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