IB
Union Calendar No. 439
106TH CONGRESS
2D SESSION
H. R. 2958
[Report No. 106–764]
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 HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 1999
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
JULY 19, 2000
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) the University of Alaska is the successor to
and the beneficiary of all Federal grants and convey-
ances to or for the Alaska Agricultural College and
School of Mines;
(2) under the Acts of March 4, 1915, 38 Stat.
1214, and January 21, 1929, 45 Stat. 1091, the
United States granted to the Territory of Alaska
certain federal land for the University of Alaska;
(3) the Territory was unable to receive most of
the land intended to be conveyed by the Act of
March 4, 1915, before repeal of that Act by sec.
6(k) of the Alaska Statehood Act (Public Law 85–
508, 72 Stat. 339);
(4) only one other state land grant college in
the United States has obtained a smaller land grant
from the federal government than the University of
Alaska has received, and all land grant colleges in
the western states of the United States have ob-
tained substantially larger land grants than the Uni-
versity of Alaska;
(5) an academically strong and financially se-
cure state university system is a cornerstone to the
long-term development of a stable population and to
a healthy, diverse economy and is in the national in-
terest;
(6) the national interest is served by transfer-
ring certain federal lands to the University of Alaska
which will be able to use and develop the resources
of such lands and by returning certain lands held by
the University of Alaska located within certain fed-
eral conservation system units to federal ownership;
(7) the University of Alaska holds valid legal
title to and is responsible for management of lands
transferred by the United States to the Territory
and State of Alaska for the University and an ex-
change of lands is consistent with and in furtherance
of the purposes and terms of, and thus not in viola-
tion of, the Federal grant of such lands.
(b) PURPOSES.—The purposes of this act are—
(1) to fulfill the original commitment of Con-
gress to establish the University of Alaska as a land
grant university with holdings sufficient to facilitate
operation and maintenance of a university system
for the inhabitants of the State of Alaska; and
(2) to acquire from the University of Alaska
lands it holds within federal Parks, Wildlife Refuges,
and Wilderness areas.
SEC. 2. LAND GRANT.
(a) Notwithstanding any other provision of law and
subject to valid existing rights, the University of Alaska
(‘‘University’’) is entitled to select up to 250,000 acres
of federal lands or interest in lands in or adjacent to Alas-
ka as a grant. The Secretary of the Interior (‘‘Secretary’’)
shall promptly convey to the University federal lands se-
lected and approved in accordance with the provisions of
this Act.
(b)(1) Within 48 months of the enactment of this
Act, the University of Alaska may submit to the Secretary
a description of lands or interests in lands for conveyance
under subsection (a). The initial selection may be less than
or exceed the maximum amount of the grant and the Uni-
versity may add or delete lands or interest in lands during
this period, except that selections shall not exceed 275,000
acres at any one time.
(2) The University may select lands validly selected
but not conveyed to the State of Alaska or to a Native
Corporation organized pursuant to the Alaska Native
Claims Settlement Act (85 Stat. 688), except that these
lands or interests in lands may not be approved or con-
veyed to the University unless the State of Alaska or the
Native Corporation relinquishes its selection in writing.
(3) The University may not make selections within
a Conservation System Unit, as defined in the Alaska Na-
tional Interest Lands Conservation Act (16 U.S.C. 3101),
or in the Tongass National Forest except within lands
classified as LUD III or LUD IV by the United States
Forest Service and limited to areas of second growth tim-
ber where timber harvest occurred after January 1, 1952.
(4) The University may make selections within the
National Petroleum Reserve-Alaska (‘‘NPRA’’), except
that—
(A) no selection may be made within an area
withdrawn for village selection pursuant to section
11(a) of the Alaska Native Claims Settlement Act
for the Native villages of Atkasook, Barrow, Nuiqsit
and Wainwright;
(B) no selection may be made in the Teshekpuk
Lake Special Area as depicted on a map dated
March 24; and
(C) no selections may be made within those
portions of NPRA north of latitude 69 degrees
North in excess of 92,000 acres. Notwithstanding
any other provision of this Act, no selection may be
made within such area during the two year period
extending from the date of enactment of this act.
The Secretary shall attempt to conclude an agree-
ment with the University of Alaska and the State of
Alaska providing for sharing NPRA leasing revenues
within the two year period. If the Secretary con-
cludes such an agreement, he shall transmit it to the
Congress, and no selection may be made within such
area during the three year period extending from the
date of enactment of this Act. If legislation has not
been enacted within three years of the date of enact-
ment of this Act approving the agreement, the Uni-
versity of Alaska may make selections within such
area. An agreement shall provide for the University
of Alaska to receive a portion of annual revenues
from mineral leases within NPRA in lieu of any land
selections within NPRA north of latitude 69 degrees
North, but not to exceed ten percent of such reve-
nues or $9 million annually, whichever is less.
(5) Within forty-five (45) days of receipt of a selec-
tion, the Secretary shall publish notice of the selection in
the Federal Register. The notice shall identify the lands
or interest in lands included in the selection and provide
for a period for public comment not to exceed sixty (60)
days.
(6) Within six months of the receipt of such a notice
the Secretary shall accept or reject the selection and shall
promptly notify the University of his decision, including
the reasons for any rejection. A selection that is not re-
jected within six months of notification to the Secretary
is approved without further action.
(7) The Secretary may reject a selection if the Sec-
retary finds that the selection would have a significant ad-
verse impact on ability of the Secretary to comply with
the land entitlement provisions of the Alaska Statehood
Act or the Alaska Native Claims Settlement Act. (43
U.S.C. 1601) or if the Secretary finds that the selection
would have a direct, significant and irreversable adverse
effect on a Conservation System Unit as defined in the
Alaska National Interest Conservation Act.
(8) The Secretary shall promptly publish notice of an
acceptance or rejection of a selection in the Federal Reg-
ister.
(9) An action taken pursuant to this Act is not a
major federal action within the meaning of section
102(2)(C) of Public Law 91–190 (83 Stat. 852, 853).
(c) The University may not select federal lands or in-
terest in lands reserved for military purposes or reserved
for the administration of a federal agency, unless the Sec-
retary of Defense or the head of the affected agency agrees
to relinquish the lands or interest in lands.
(d) The University may select additional lands or in-
terest in lands to replace lands rejected by the Secretary.
(e) Lands or interest in lands shall be segregated and
unavailable for selection by and conveyance to the State
of Alaska or a Native Corporation and shall not be other-
wise encumbered or disposed of by the United States
pending completion of the selection process.
(f) The University may enter selected lands on a non-
exclusive basis to assess the oil, gas, mineral and other
resource potential therein and to exercise due diligence re-
garding making a final selection. The University, and its
delegates or agents, shall be permitted to engage in assess-
ment techniques including, but not limited to, core drilling
to assess the metalliferous or other values, and surface
geological exploration and seismic exploration for oil and
gas, except that exploratory drilling of oil and gas wells
shall not be permitted.
(g) Within one year of the Secretary’s approval of
a selection, the University may make a final decision
whether to accept these lands or interest in lands and shall
notify the Secretary of its decision. The Secretary shall
publish notice of any such acceptance in the Federal Reg-
ister within six months. Effective on the date that such
notice is published, all right, title, and interest of the
United States in the described selection, including the
right to transfer, assign, alienate, exchange, grant, deed,
lease or otherwise convey any or all present or future in-
terest in the lands or interest in lands shall vest in the
University.
(h) Lakes, rivers and streams contained within final
selections shall be meandered and lands submerged there-
under shall be conveyed in accordance with section 901
of the Alaska National Interest Lands Conservation Act
(94 Stat. 2371, 2430; 43 U.S.C. 1631).
(i) Upon completion of a survey of lands or interests
in lands subject to an interim approval, the Secretary shall
promptly issue patent to these lands or interest in lands.
(j) The Secretary of Agriculture and the heads of
other Federal departments and agencies shall take
promptly such actions as may be necessary to assist the
Secretary implementing this Act.
SEC. 3. RELINQUISHMENT OF CERTAIN UNIVERSITY OF
ALASKA HOLDINGS.
(a) As a condition to any grant provided by section
2 of this Act, the University shall convey to the Secretary
those lands listed in ‘‘The University of Alaska’s Inholding
Reconveyance Document’’ and dated May 17, 1999.
(b) The University shall begin conveyance of the
lands described in subsection (a) upon approval of selected
lands and shall convey to the Secretary a percentage of
these lands approximately equal to that percentage of the
total grant represented by the approval. The University
shall not be required to convey to the Secretary any lands
other than those listed in subsection (a). The Secretary
shall accept quitclaim deeds from the University for these
lands.
SEC. 4. JUDICIAL REVIEW.
The University of Alaska may bring an appropriate
action, including an action in the nature of mandamus,
against the Secretary for violation of this Act or for review
of a final agency decision taken under this Act. An action
pursuant to this section may be brought in the United
States District Court for the District of Alaska within two
(2) years of the alleged violation or final agency decision.
SEC. 6. STATE MATCHING GRANT.
(a) Notwithstanding any other provision of law and
subject to valid existing rights, the University may, in ad-
dition to the grant made available in section 2, select up
to 250,000 acres of federal lands or interests in lands in
or adjacent to Alaska to be conveyed on an acre-for-acre
basis as a matching grant for any lands granted to the
University by the State of Alaska after the date of enact-
ment of this Act.
(b) Selections of lands or interests in lands pursuant
to this section shall be in parcels of 25,000 acres or
greater.
(c) Grants made under this section shall be subject
to the terms and conditions applicable to grants made
under section 2 of this Act.
Union Calendar No. 439
106TH CONGRESS
2D SESSION
H. R. 2958
[Report No. 106–764]
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.
JULY 19, 2000
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed