A bill to amend the Alaska National Interest Lands Conservation Act of 1980 to clarify the conveyance and ownership of submerged lands by Alaska Natives, Native Corporations and the State of Alaska.
PL 100-395 (H.R.2629), enacted 08/16/1988

PUBLIC LAW 100-395—AUG. 16,1988 
102 STAT. 979 
Public Law 100-395 
^ 
100th Congress 
An Act 
To amend the Aleiska National Interest Lands Conservation Act of 1980 to clarify the 
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conveyance and ownership of submerged lands by Alaska Natives, Native Corpora- —rrj p OCOQI— 
tions and the State of Alaska. 
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Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—SUBMERGED LANDS 
SEC. 101. Section 901 of the Alaska National Interest Lands 
Conservation Act (94 Stat. 2430; Public Law 96-487) is amended by 43 use 1631. 
striking out text of such section and inserting in lieu thereof: 
"SEC. 901. (a)(1) Except as provided in paragraph (2), whenever the Rivers and 
Secretary surveys land selected by a Native, a Native Corporation, h^bors. 
or the State pursuant to the Alaska Native Claims Settlement Act, 
"*'*''• 
the Alaska Statehood Act, or this Act, lakes, rivers, and streams 
shall be meandered in accordance with the principles in the Bureau 
of Land Management, 'Manual of Surveying Instructions' (1973). 
"(2) If title to lands beneath navigable waters of a lake less than 
fifty acres in size or a river or stream less than three chains in width 
did not vest in the State pursuant to the Submerged Lands Act, such 
lake, river, or stream shall not be meandered. 
"(3) The Secretary is not required to determine the navigability of 
a lake, river, or stream which because of its size or width is required 
to be meandered or to compute the acreage of the land beneath such 
lake, river, or stream or to describe such land in any conveyance 
document. 
"(4) Nothing in this subsection shall be construed to require 
ground survey or monumentation of meanderlines. 
"(bXD Whenever, either before or after the date of enactment of 
this section, the Secretary conveys land to a Native, a Native 
Corporation, or the State pursuant to the Alaska Native Claims 
Settlement Act, the Alaska Statehood Act, or this Act which abuts 
or surrounds a meanderable lake, river, or stream, all right, title, 
and interest of the United States, if any, in the land under such 
lake, river, or stream lying between the uplands and the median 
line or midpoint, as the case may be, shall vest in and shall not be 
charged against the acreage entitlement of such Native or Native 
Corporation or the State. The right, title, and interest vested in a 
Native or Native Corporation shall be no greater an estate than the 
estate he or it is conveyed in the land which abuts or surrounds the 
lake, river, or stream. 
"(2) The specific terms, conditions, procedures, covenants, reserva-
tions, and other restrictions set forth in the document entitled, 
'Memorandum of Agreement between the United States Depart-
ment of the Interior and the State of Alaska' dated March 28, 1984, 
signed by the Secretary and the Governor of Alaska and submitted 
to the Committee on Interior and Insular Affairs of the House of 
Representatives, and the Committee on Energy and Natural Re-
102 STAT. 980 
PUBLIC LAW 100-395—AUG. 16,1988 
sources of the Senate, are hereby incorporated in this section and 
are ratified as to the duties and obligations of the United States and 
the State, as a matter of Federal law. 
Patents and 
"(cXD The execution of an interim conveyance or patent, as 
trademarks. 
appropriate, by the Bureau of Land Management which conveys an 
area of land selected by a Native or Native Corporation which 
includes, surrounds, or abuts a lake, river, or stream, or any portion 
thereof, shall be the final agency action with respect to a decision of 
the Secretary of the Interior that such lake, river, or stream, is or is 
not navigable, unless such decision was validly appealed to an 
agency or board of the Department of the Interior on or before 
December 2,1980. 
"(2) No agency or board of the Department of the Interior other 
than the Bureau of Land Management shall have authority to 
determine the navigability of a lake, river, or stream within an area 
selected by a Native or Native Corporation pursuant to the Alaska 
Native Claims Settlement Act or this Act unless a determination by 
the Bureau of Land Management that such lake, river, or stream, is 
or is not navigable, was validly appealed to such agency or board on 
or before December 2,1980. 
Claims. 
"(3) If title to land conveyed to a Native Corporation pursuant to 
the Alaska Native Claims Settlement Act or this Act which 
underlies a lake, river, or stream is challenged in a court of com-
petent jurisdiction and such court determines that such land is 
owned by the Native Corporation, the Native Corporation shall be 
awarded a money jud^nent against the plaintiffs in an amount 
equal to its costs and attorney's fees, including costs and attorney's 
fees incurred on appeal. 
"(d) For the purposes of this section, the terms 'navigable' and 
'navigability' means navigable for the purpose of determining title 
to lands beneath navigable waters, as between the United States 
and the several States pursuant to the Submerged Lands Act and 
section 6(m) of the Alaska Statehood Act". 
48 use 1631 
SEC. 102. Nothing in this Act shall amend or alter any land 
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exchange agreement to which the United States is a party, or any 
statute, including but not limited to the Act of January 2, 1976 (89 
Stat. 1151) and section 506(c) of the Alaska National Interest Lands 
Conservation Act (94 Stat. 2409; Public Law 96-487), that authorizes, 
ratifies or implements such an agreement. 
Reports. 
SEC. 103. (a) IN GENERAL.—The Secretary shall prepare a report 
48TJSC1631 
that assesses the effects of the implementation of section 101 of this 
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Act on Conservation Sjrstem Units as defined in section 102(4) of the 
Alaska National Lanck Conservation Act and makes recommenda-
tions for appropriate action. 
(b) SCOPE OP REPORT.—The report required to be prepared tmder 
subsection (a) shall at a minimum— 
(1) identify and estimate the acreage of all lands currently 
S
atented to or selected by a Native, Native Corporation, or the 
tate pursuant to the Alaska Native Claims Settlement Act, the 
Alaska National Interest Lands Conservation Act, the Alaska 
Statehood Act, or this Act that is within the boundaries of 
Conservation System Units; 
(2) establish priorities for the acquisition of lands currently 
Satented to or selected by a Native, Native Corporation or the 
tate that are within the boundaries of Conservation Ssrstem 
Units; 
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PUBLIC LAW 100-395—AUG. 16,1988 
102 STAT. 981 
(3) make recommendations £is to administrative or Congres-
sional action deemed appropriate to reduce any adverse effects 
of section 101 on the management of lands or resources within 
Conservation System Units, 
(c) SUBMISSIONS TO CONGRESS.—Within one year after the date of Reports, 
enactment of this Act, the Secretary shall submit a report pursuant 
to subsections (a) and (b) of this section to the Committee on 
Environment and Public Works and Committee on Energy and 
Natural Resources of the United States Senate and to the appro-
priate committees of the United States House of Representatives. 
TITLE II—APPROVAL OF CONVEYANCE IN ALASKA 
NATIONAL WILDLIFE REFUGE 
SEC. 201. Section 1302(h) of the Alaska National Interest Lands 
Conservation Act (94 Stat. 2430; Public Law 96-487) is amended by 16 USC 3192. 
redesignating the section "(hXl)" and by adding the following new 
subsection: 
"(2) Nothing in this Act or any other provision of law shall be 
construed as authorizing the Secretary to convey, by exchange or 
otherwise, lands or interest in lands within the coastal plain of the 
Arctic National Wildlife Refuge (other than land validly selected 
prior to July 28, 1987), without prior approval by Act of Congress.". 
TITLE III—APPROVAL OF PUBLIC LAND ORDER 
SEC. 301. The lands described in Public Land Order 6607 of July 8, 
1985 (50 Fed. Reg. 130), comprising approximately three hundred 
and twenty-five thousand acres, are hereby included as part of the 
Arctic National Wildlife Refuge to be subject to and administered in 
accordance with the provisions of sections 303(2) and 304 of the 
Alaska National Interest Lands Conservation Act (94 Stat. 2430; 
Public Law 96-487) and other applicable statutes. 
Approved August 16,1988. 
LEGISLATIVE HISTORY—H.R. 2629: 
HOUSE REPORTS: No. 100-262, Pt. 1 (C!omm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 100-302 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Aug. 3, considered and passed House. 
Vol. 134 (1988): July 14, considered and passed Senate, amended. 
Aug. 2, House concurred in Senate amendment.