II
Calendar No. 67
104TH CONGRESS
1ST SESSION
H. R. 400
[Report No. 104–44]
IN THE SENATE OF THE UNITED STATES
FEBRUARY 2 (legislative day, JANUARY 30), 1995
Received; read twice and referred to the Committee on Energy and Natural
Resources
APRIL 7 (legislative day, APRIL 5), 1995
Reported by Mr. MURKOWSKI, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To provide for the exchange of lands within Gates of the
Arctic National Park and Preserve, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Anaktuvuk Pass Land
Exchange and Wilderness Redesignation Act of 1995’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Con-
servation Act (94 Stat. 2371), enacted on December
2, 1980, established Gates of the Arctic National
Park and Preserve and Gates of the Arctic Wilder-
ness. The village of Anaktuvuk Pass, located in the
highlands of the central Brooks Range, is virtually
surrounded by these national park and wilderness
lands and is the only Native village located within
the boundary of a National Park System unit in
Alaska.
(2) Unlike most other Alaskan Native commu-
nities, the village of Anaktuvuk Pass is not located
on a major river, lake, or coastline that can be used
as a means of access. The residents of Anaktuvuk
Pass have relied increasingly on snow machines in
winter and all-terrain vehicles in summer as their
primary means of access to pursue caribou and
other subsistence resources.
(3) In a 1983 land exchange agreement, linear
easements were reserved by the Inupiat Eskimo peo-
ple for use of all-terrain vehicles across certain na-
tional park lands, mostly along stream and river
banks. These linear easements proved unsatisfactory,
because they provided inadequate access to subsist-
ence resources while causing excessive environmental
impact from concentrated use.
(4)
The
National
Park
Service
and
the
Nunamiut Corporation initiated discussions in 1985
to address concerns over the use of all-terrain vehi-
cles on park and wilderness land. These discussions
resulted in an agreement, originally executed in
1992 and thereafter amended in 1993 and 1994,
among the National Park Service, Nunamiut Cor-
poration, the City of Anaktuvuk Pass, and Arctic
Slope Regional Corporation. Full effectuation of this
agreement, as amended, by its terms requires ratifi-
cation by the Congress.
SEC. 3. RATIFICATION OF AGREEMENT.
(a) RATIFICATION.—
(1) IN GENERAL.—The terms, conditions, pro-
cedures, covenants, reservations and other provisions
set forth in the document entitled ‘‘Donation, Ex-
change of Lands and Interests in Lands and Wilder-
ness Redesignation Agreement Among Arctic Slope
Regional Corporation, Nunamiut Corporation, City
of Anaktuvuk Pass and the United States of Amer-
ica’’ (hereinafter referred to in this Act as ‘‘the
Agreement’’), executed by the parties on December
17, 1992, as amended, are hereby incorporated in
this Act, are ratified and confirmed, and set forth
the obligations and commitments of the United
States,
Arctic
Slope
Regional
Corporation,
Nunamiut Corporation and the City of Anaktuvuk
Pass, as a matter of Federal law.
(2) LAND
ACQUISITION.—Lands acquired by
the United States pursuant to the Agreement shall
be administered by the Secretary of the Interior
(hereinafter referred to as the ‘‘Secretary’’) as part
of Gates of the Arctic National Park and Preserve,
subject to the laws and regulations applicable there-
to.
(b) MAPS.—The maps set forth as Exhibits C1, C2,
and D through I to the Agreement depict the lands subject
to the conveyances, retention of surface access rights, ac-
cess easements and all-terrain vehicle easements. These
lands are depicted in greater detail on a map entitled
‘‘Land Exchange Actions, Proposed Anaktuvuk Pass Land
Exchange and Wilderness Redesignation, Gates of the
Arctic National Park and Preserve’’, Map No. 185/80,039,
dated April 1994, and on file at the Alaska Regional Of-
fice of the National Park Service and the offices of Gates
of the Arctic National Park and Preserve in Fairbanks,
Alaska. Written legal descriptions of these lands shall be
prepared and made available in the above offices. In case
of any discrepancies, Map No. 185/80,039 shall be con-
trolling.
SEC. 4. NATIONAL PARK SYSTEM WILDERNESS.
(a) GATES OF THE ARCTIC WILDERNESS.—
(1) REDESIGNATION.—Section 701(2) of the
Alaska National Interest Lands Conservation Act
(94 Stat. 2371, 2417) establishing the Gates of the
Arctic Wilderness is hereby amended with the addi-
tion of approximately 56,825 acres as wilderness
and the rescission of approximately 73,993 acres as
wilderness, thus revising the Gates of the Arctic Wil-
derness to approximately 7,034,832 acres.
(2) MAP.—The lands redesignated by para-
graph (1) are depicted on a map entitled ‘‘Wilder-
ness Actions, Proposed Anaktuvuk Pass Land Ex-
change and Wilderness Redesignation, Gates of the
Arctic National Park and Preserve’’, Map No. 185/
80,040, dated April 1994, and on file at the Alaska
Regional Office of the National Park Service and the
office of Gates of the Arctic National Park and Pre-
serve in Fairbanks, Alaska.
(b)
NOATAK
NATIONAL
PRESERVE.—Section
201(8)(a) of the Alaska National Interest Land Conserva-
tion Act (94 Stat. 2380) is amended by—