§ 1784. — Lands in Alaska; designation as wilderness; management by Bureau of Land Management pending Congressional action.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1784]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER VI--DESIGNATED MANAGEMENT AREAS
Sec. 1784. Lands in Alaska; designation as wilderness;
management by Bureau of Land Management pending Congressional
action
Notwithstanding any other provision of law, section 1782 of this
title shall not apply to any lands in Alaska. However, in carrying out
his duties under sections 1711 and 1712 of this title and other
applicable laws, the Secretary may identify areas in Alaska which he
determines are suitable as wilderness and may, from time to time, make
recommendations to the Congress for inclusion of any such areas in the
National Wilderness Preservation System, pursuant to the provisions of
the Wilderness Act [16 U.S.C. 1131 et seq.]. In the absence of
congressional action relating to any such recommendation of the
Secretary, the Bureau of Land Management shall manage all such areas
which are within its jurisdiction in accordance with the applicable land
use plans and applicable provisions of law.
(Pub. L. 96-487, title XIII, Sec. 1320, Dec. 2, 1980, 94 Stat. 2487.)
References in Text
The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept. 3,
1964, 78 Stat. 890, as amended, which is classified generally to chapter
23 (Sec. 1131 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of Title 16 and Tables.
Codification
Section was enacted as part of the Alaska National Interest Lands
Conservation Act, and not as part of the Federal Land Policy and
Management Act of 1976 which comprises this chapter.
Kenai Natives Association Land Exchange
Pub. L. 104-333, div. I, title III, Sec. 311, Nov. 12, 1996, 110
Stat. 4139, as amended by Pub. L. 106-176, title I, Sec. 105, Mar. 10,
2000, 114 Stat. 25, provided that:
``(a) Short Title.--This section may be cited as the `Kenai Natives
Association Equity Act Amendments of 1996'.
``(b) Findings and Purpose.--
``(1) Findings.--The Congress finds the following:
``(A) The United States Fish and Wildlife Service and Kenai
Natives Association, Inc., have agreed to transfers of certain
land rights, in and near the Kenai National Wildlife Refuge,
negotiated as directed by Public Law 102-458 [106 Stat. 2267].
``(B) The lands to be acquired by the Service are within the
area impacted by the Exxon Valdez oil spill of 1989, and these
lands included important habitat for various species of fish and
wildlife for which significant injury resulting from the spill
has been documented through the EVOS Trustee Council restoration
process. This analysis has indicated that these lands generally
have value for the restoration of such injured natural resources
as pink salmon, dolly varden, bald eagles, river otters, and
cultural and archaeological resources. This analysis has also
indicated that these lands generally have high value for the
restoration of injured species that rely on these natural
resources, including wilderness quality, recreation, tourism,
and subsistence.
``(C) Restoration of the injured species will benefit from
acquisition and the prevention of disturbances which may
adversely affect their recovery.
``(D) It is in the public interest to complete the
conveyances provided for in this section.
``(2) Purpose.--The purpose of this section is to authorize and
direct the Secretary, at the election of KNA, to complete the
conveyances provided for in this section.
``(c) Definitions.--For purposes of this section, the term--
``(1) `ANCSA' means the Alaska Native Claims Settlement Act of
1971 (43 U.S.C. 1601 et seq.);
``(2) `ANILCA' means the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq. [see
Short Title note set out under section 3101 of Title 16,
Conservation]);
``(3) `conservation system unit' has the same meaning as in
section 102(4) of ANILCA (16 U.S.C. 3102(4));
``(4) `CIRI' means the Cook Inlet Region, Inc., a Native
Regional Corporation incorporated in the State of Alaska pursuant to
the terms of ANCSA;
``(5) `EVOS' means the Exxon Valdez oil spill;
``(6) `KNA' means the Kenai Natives Association, Inc., an urban
corporation incorporated in the State of Alaska pursuant to the
terms of ANCSA;
``(7) `lands' means any lands, waters, or interests therein;
``(8) `Refuge' means the Kenai National Wildlife Refuge;
``(9) `Secretary' means the Secretary of the Interior;
``(10) `Service' means the United States Fish and Wildlife
Service; and
``(11) `Terms and Conditions' means the Terms and Conditions for
Land Consolidation and Management in the Cook Inlet Area, as
clarified on August 31, 1976, ratified by section 12 of Public Law
94-204 (43 U.S.C. 1611 note).
``(d) Acquisition of Lands.--
``(1) Offer to kna.--
``(A) In general.--Subject to the availability of the funds
identified in paragraph (2)(C), no later than 90 days after the
date of enactment of this section [Nov. 12, 1996], the Secretary
shall offer to convey to KNA the interests in land and rights
set forth in paragraph (2)(B), subject to valid existing rights,
in return for the conveyance by KNA to the United States of the
interests in land or relinquishment of ANCSA selections set
forth in paragraph (2)(A). Payment for the lands conveyed to the
United States by KNA is contingent upon KNA's acceptance of the
entire conveyance outlined herein.
``(B) Limitation.--The Secretary may not convey any lands or
make payment to KNA under this section unless title to the lands
to be conveyed by KNA under this section has been found by the
United States to be sufficient in accordance with the provisions
of section 355 of the Revised Statutes (40 U.S.C. 255) [now 40
U.S.C. 3111, 3112].
``(2) Acquisition lands.--
``(A) Lands to be conveyed to the united states.--The lands
to be conveyed by KNA to the United States, or the valid
selection rights under ANCSA to be relinquished, all situated
within the boundary of the Refuge, are the following:
``(i) The conveyance of approximately 803 acres located
along and on islands within the Kenai River, known as the
Stephanka Tract.
``(ii) The conveyance of approximately 1,243 acres
located along the Moose River, known as the Moose River
Patented Lands Tract.
``(iii) The relinquishment of KNA's selection known as
the Moose River Selected Tract, containing approximately 753
acres located along the Moose River.
``(iv) The relinquishment of KNA's remaining ANCSA
entitlement of approximately 454 acres.
``(v) The relinquishment of all KNA's remaining
overselections. Upon completion of all relinquishments
outlined above, all KNA's entitlement shall be deemed to be
extinguished and the completion of this acquisition will
satisfy all of KNA's ANCSA entitlement.
``(vi) The conveyance of an access easement providing
the United States and its assigns access across KNA's
surface estate in the SW\1/4\ of section 21, T. 6 N., R. 9
W., Seward Meridian, Alaska.
``(vii) The conveyance of approximately 100 acres within
the Beaver Creek Patented Tract, which is contiguous to
lands being retained by the United States contiguous to the
Beaver Creek Patented Tract, in exchange for 280 acres of
Service lands currently situated within the Beaver Creek
Selected Tract.
``(B) Lands to be conveyed to kna.--The rights provided or
lands to be conveyed by the United States to KNA, are the
following:
``(i) The surface and subsurface estate to approximately
5 acres, subject to reservations of easements for existing
roads and utilities, located within the city of Kenai,
Alaska, identified as United States Survey 1435, withdrawn
by Executive Order 2943 and known as the old Fish and
Wildlife Service Headquarters site.
``(ii) The remaining subsurface estate held by the
United States to approximately 13,651 acres, including
portions of the Beaver Creek Patented Tract, the Beaver
Creek Selected Tract, and portions of the Swanson River Road
West Tract and the Swanson River Road East Tract, where the
surface was previously or will be conveyed to KNA pursuant
to this Act but excluding the SW\1/4\ of section 21, T. 6
N., R. 9 W., Seward Meridian, Alaska, which will be retained
by the United States. The conveyance of these subsurface
interests will be subject to the rights of CIRI to the coal,
oil, gas, and to all rights CIRI, its successors, and
assigns would have under paragraph 1(B) of the Terms and
Conditions, including the right to sand and gravel, to
construct facilities, to have rights-of-way, and to
otherwise develop it subsurface interests.
``(iii)(I) The nonexclusive right to use sand and gravel
which is reasonably necessary for on-site development
without compensation or permit on those portions of the
Swanson River Road East Tract, comprising approximately
1,738.04 acres; where the entire subsurface of the land is
presently owned by the United States. The United States
shall retain the ownership of all other sand and gravel
located within the subsurface and KNA shall not sell or
dispose of such sand and gravel.
``(II) The right to excavate within the subsurface
estate as reasonably necessary for structures, utilities,
transportation systems, and other development of the surface
estate.
``(iv) The nonexclusive right to excavate within the
subsurface estate as reasonably necessary for structures,
utilities, transportation systems, and other development of
the surface estate on the SW\1/4\, section 21, T. 6 N., R. 9
W., Seward Meridian, Alaska, where the entire subsurface of
the land is owned by the United States and which public
lands shall continue to be withdrawn from mining following
their removal from the Refuge boundary under paragraph
(3)(A)(ii). The United States shall retain the ownership of
all other sand and gravel located within the subsurface of
this parcel.
``(v) The surface estate of approximately 280 acres
known as the Beaver Creek Selected Tract. This tract shall
be conveyed to KNA in exchange for lands conveyed to the
United States as described in paragraph (2)(A)(ii).
``(C) Payment.--The United States shall make a total cash
payment to KNA for the above-described lands of $4,443,000,
contingent upon the appropriate approvals of the Federal or
State of Alaska EVOS Trustees (or both) necessary for any
expenditure of the EVOS settlement funds.
``(D) National register of historic places.--Upon completion
of the acquisition authorized in paragraph (1), the Secretary
shall, at no cost to KNA, in coordination with KNA, promptly
undertake to nominate the Stephanka Tract to the National
Register of Historic Places, in recognition of the
archaeological artifacts from the original Dena'ina Settlement.
If the Department of the Interior establishes a historical,
cultural, or archaeological interpretive site, KNA shall have
the exclusive right to operate a Dena'ina interpretive site on
the Stephanka Tract under the regulations and policies of the
department. If KNA declines to operate such a site, the
department may do so under its existing authorities. Prior to
the department undertaking any archaeological activities
whatsoever on the Stephanka Tract, KNA shall be consulted.
``(3) General provisions.--
``(A) Removal of kna lands from the national wildlife refuge
system.--
``(i) Effective on the date of closing for the
Acquisition Lands identified in paragraph (2)(B), all lands
retained by or conveyed to KNA pursuant to this section, and
the subsurface interests of CIRI underlying such lands shall
be automatically removed from the National Wildlife Refuge
System and shall neither be considered as part of the Refuge
nor subject to any laws pertaining solely to lands within
the boundaries of the Refuge. The conveyance restrictions
imposed by section 22(g) of ANCSA [43 U.S.C. 1621(g)] (i)
shall then be ineffective and cease to apply to such
interests of KNA and CIRI, and (ii) shall not be applicable
to the interests received by KNA in accordance with
paragraph (2)(B) or to the CIRI interests underlying them.
The Secretary shall adjust the boundaries of the Refuge so
as to exclude all interests in lands retained or received in
exchange by KNA in accordance with this section, including
both surface and subsurface, and shall also exclude all
interests currently held by CIRI. On lands within the
Swanson River Road East Tract, the boundary adjustment shall
only include the surface estate where the subsurface estate
is retained by the United States.
``(ii)(I) The Secretary, KNA, and CIRI shall execute an
agreement within 45 days of the date of enactment of this
section [Nov. 12, 1996] which preserves CIRI's rights under
paragraph 1(B)(1) of the Terms and Conditions, addresses
CIRI's obligations under such paragraph, and adequately
addresses management issues associated with the boundary
adjustment set forth in this section and with the differing
interests in land resulting from enactment of this section.
``(II) In the event that no agreement is executed as
provided for in subclause (I), solely for the purposes of
administering CIRI's rights under paragraph 1(B)(1) of the
Terms and Conditions, the Secretary and CIRI shall be deemed
to have retained their respective rights and obligations
with respect to CIRI's subsurface interests under the
requirements of the Terms and Conditions in effect on June
18, 1996. Notwithstanding the boundary adjustments made
pursuant to this section, conveyances to KNA shall be deemed
to remain subject to the Secretary's and CIRI's rights and
obligations under paragraph 1(B)(1) of the Terms and
Conditions.
``(iii) The Secretary is authorized to acquire by
purchase or exchange, on a willing seller basis only, any
lands retained by or conveyed to KNA. In the event that any
lands owned by KNA are subsequently acquired by the United
States, they shall be automatically included in the Refuge
System. The laws and regulations applicable to Refuge lands
shall then apply to these lands and the Secretary shall then
adjust the boundaries accordingly.
``(iv) Nothing in this section is intended to enlarge or
diminish the authorities, rights, duties, obligations, or
the property rights held by CIRI under the Terms and
Conditions, or otherwise except as set forth in this
section. In the event of the purchase by the United States
of any lands from KNA in accordance with subparagraph
(A)(ii), the United States shall reassume from KNA the
rights it previously held under the Terms and Conditions and
the provisions in any patent implementing section 22(g) of
ANCSA [43 U.S.C. 1621(g)] will again apply.
``(v) By virtue of implementation of this section, CIRI
is deemed entitled to 1,207 acres of in-lieu subsurface
entitlement under section 12(a)(1) of ANCSA [43 U.S.C.
1611(a)(1)]. Such entitlement shall be fulfilled in
accordance with paragraph 1(B)(2)(A) of the Terms and
Conditions.
``(B) Maps and legal descriptions.--Maps and a legal
description of the lands described above shall be on file and
available for public inspection in the appropriate offices of
the United States Department of the Interior, and the Secretary
shall, no later than 90 days after enactment of this section,
prepare a legal description of the lands described in paragraph
(2)(A)(vii). Such maps and legal description shall have the same
force and effect as if included in the section, except that the
Secretary may correct clerical and typographical errors.
``(C) Acceptance.--KNA may accept the offer made in this
section by notifying the Secretary in writing of its decision
within 180 days of receipt of the offer. In the event the offer
is rejected, the Secretary shall notify the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources and the Committee on Environment
and Public Works of the Senate.
``(D) Final maps.--Not later than 120 days after the
conclusion of the acquisition authorized by paragraph (1), the
Secretary shall transmit a final report and maps accurately
depicting the lands transferred and conveyed pursuant to this
section and the acreage and legal descriptions of such lands to
the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources and the Committee
on Environment and Public Works of the Senate.
``(e) Adjustments to National Wilderness System.--Upon acquisition
of lands by the United States pursuant to subsection (d)(2)(A), that
portion of the Stephanka Tract lying south and west of the Kenai River,
consisting of approximately 592 acres, shall be included in and managed
as part of the Kenai Wilderness and such lands shall be managed in
accordance with the applicable provisions of the Wilderness Act and
ANILCA.
``(f) Designation of Lake Todatonten Special Management Area.--
``(1) Purpose.--To balance the potential effects on fish,
wildlife, and habitat of the removal of KNA lands from the Refuge
System, the Secretary is hereby directed to withdraw, subject to
valid existing rights, from location, entry, and patent under the
mining laws and to create as a special management unit for the
protection of fish, wildlife, and habitat, certain unappropriated
and unreserved public lands, totaling approximately 37,000 acres
adjacent to the west boundary of the Kanuti National Wildlife Refuge
to be known as the `Lake Todatonten Special Management Area', as
depicted on the map entitled `Proposed: Lake Todatonten Special
Management Area', dated June 13, 1996, and to be managed by the
Bureau of Land Management.
``(2) Management.--
``(A) Such designation is subject to all valid existing
rights as well as the subsistence preferences provided under
title VIII of ANILCA [16 U.S.C. 3111 et seq.]. Any lands
conveyed to the State of Alaska shall be removed from the Lake
Todatonten Special Management Area.
``(B) The Secretary may permit any additional uses of the
area, or grant easements, only to the extent that such use,
including leasing under the mineral leasing laws, is determined
to not detract from nor materially interfere with the purposes
for which the Special Management Area is established.
``(C)(i) The BLM shall establish the Lake Todatonten Special
Management Area Committee. The membership of the Committee shall
consist of 11 members as follows:
``(I) Two residents each from the villages of Alatna,
Allakaket, Hughes, and Tanana.
``(II) One representative from each of Doyon
Corporation, the Tanana Chiefs Conference, and the State of
Alaska.
``(ii) Members of the Committee shall serve without pay.
``(iii) The BLM shall hold meetings of the Lake Todatonten
Special Management Area Committee at least once per year to
discuss management issues within the Special Management Area.
The BLM shall not allow any new type of activity in the Special
Management Area without first conferring with the Committee in a
timely manner.
``(3) Access.--The Secretary shall allow the following:
``(A) Private access for any purpose, including economic
development, to lands within the boundaries of the Special
Management Area which are owned by third parties or are held in
trust by the Secretary for third parties pursuant to the Alaska
Native Allotment Act (25 U.S.C. 336). Such rights may be subject
to restrictions issued by the BLM to protect subsistence uses of
the Special Management Area.
``(B) Existing public access across the Special Management
Area. Section 1110(a) of ANILCA [16 U.S.C. 3170(a)] shall apply
to the Special Management Area.
``(4) Secretarial order and maps.--The Secretary shall file with
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Environment and Public Works of the Senate, the Secretarial Order
and maps setting forth the boundaries of the Area within 90 days of
the completion of the acquisition authorized by this section. Once
established, this Order may only be amended or revoked by Act of
Congress.
``(5) Authorization of appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out the
purposes of this section.''
