[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2303 Reported in Senate (RS)]

                                                       Calendar No. 652

103d CONGRESS

  2d Session

                                S. 2303

_______________________________________________________________________

                                 A BILL

    To provide for the exchange of lands within Gates of the Arctic 
          National Park and Preserve, and for other purposes.

_______________________________________________________________________

           September 27 (legislative day, September 12), 1994

                        Reported with amendments





                                                       Calendar No. 652
103d CONGRESS
  2d Session
                                S. 2303

    To provide for the exchange of lands within Gates of the Arctic 
          National Park and Preserve, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 21 (legislative day, July 20), 1994

 Mr. Murkowski (for himself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

           September 27 (legislative day, September 12), 1994

               Reported by Mr. Johnston, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    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 Representatives 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 1994''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) the Alaska National Interest Lands Conservation Act (16 
        U.S.C. 460hh et seq.), enacted on December 2, 1980, established 
        the Gates of the Arctic National Park and Preserve and the 
        Gates of the Arctic Wilderness.
            (2) The village of Anaktuvuk Pass, located in the highlands 
        of the central Brooks Range, is virtually surrounded by such 
        national park and wilderness area.
            (3) Unlike most other Alaska Native communities, the 
        village of Anaktuvuk Pass is not located on a major river, 
        lake, or coastline that can be used as a means of access.
            (4) 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.
            (5) In a land exchange agreement in 1983, linear easements 
        were reserved by the Inupiat Eskimo people for use of all-
        terrain vehicles across certain national park lands, mostly 
        along stream and river banks.
            (6) Such linear easements proved unsatisfactory, because 
        such easements provided inadequate access to subsistence 
        resources and caused excessive environmental impact from 
        concentrated use.
            (7) Officials of the National -P-a-r-k -S-e-r-v-i-c-e 
        -a-n-d -t-h-e Park Service and Nunamiut Corporation initiated 
        discussions in 1985 to address concerns over the use of all-
        terrain vehicles on park and wilderness land.
            (8) Such discussions resulted in an agreement, originally 
        executed in 1992, and subsequently amended in 1993 and 1994, 
        between the National -P-a-r-k -S-e-r-v-i-c-e -a-n-d -t-h-e Park 
        Service and Nunamiut Corporation and the city of Anaktuvuk 
        Pass, -A-l-a-s-k-a-, -a-n-d -t-h-e Alaska, and Arctic Slope 
        Regional Corporation.
            (9) The full effectuation of the agreement, by its terms, 
        described in paragraph (7) requires the approval and 
        ratification by Congress.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Agreement.--The term ``Agreement'' means the document 
        entitled ``Donation, Exchange of Lands and Interests and 
        Wilderness Redesignation Agreement Among Arctic Slope Regional 
        Corporation, Nunamuit Corporation, City of Anaktuvuk Pass and 
        the United States of America'', executed on December 17, 1992, 
        and subsequently amended by the parties in 1993 and 1994.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. RATIFICATION OF AGREEMENT.

    (a) Ratification.--
            (1) In general.--The Agreement is hereby ratified and 
        confirmed. The terms, conditions, procedures, covenants, 
        reservations, and other provisions set forth by the parties 
        specified in section 2(7) of the Agreement, and subsequently 
        amended are hereby are ratified and confirmed. The obligations 
        and commitments of the United States, Arctic Slope Regional 
        Corporation, Nunamiut Corporation and the city of Anaktuvuk 
        Pass, under such Agreement are hereby considered to be a matter 
        of Federal law.
            (2) Land acquisition.--Subject to any applicable law, the 
        lands acquired by the United States pursuant to the Agreement 
        shall be administered by the Secretary as part of the Gates of 
        the Arctic National Park and Preserve.
    (b) Maps.--
            (1) In general.--The lands subject to the conveyances, 
        retention of surface access rights, access easements, and all-
        terrain vehicle easements shall be determined in accordance 
        with the maps described as exhibits C1, C2, and D through I of 
        the Agreement and the Map No. 185/80,039, entitled ``Land 
        Exchange -A-c-t-i-o-n-s-, -P-r-o-p-o-s-e-d Actions, Anaktuvuk 
        Pass Land Exchange and Wilderness Redesignation, Gates of the 
        Arctic National Park and Preserve'', dated April 1994.
            (2) Location of maps.--The maps shall be on file at the 
        Alaska Regional Office of the National Park Service and the 
        offices of Gates of the Arctic National Park and Preserve in 
        Fairbanks, Alaska.
            (3) Public inspection.--The Secretary shall ensure that 
        written legal descriptions of the lands described in paragraph 
        (1) shall be available for public inspection in the offices 
        specified in paragraph (2).
            (4) Discrepancies.--In case of any discrepancy between the 
        maps described in paragraph (1) and the Map No. 185/80,039, the 
        Map No. 185/80,039 shall control.

SEC. 5. NATIONAL PARK SYSTEM WILDERNESS.

    (a) Redesignation.--
            (1) In general.--Section 701(2) of the Alaska National 
        Interest Lands Conservation Act (16 U.S.C. 1132 note) is 
        amended by striking out ``approximately seven million and 
        fifty-two thousand acres'' and inserting in lieu thereof 
        ``approximately -7-,-3-4-0-,-8-3-2 -a-c-r-e-s seven million 
        thirty-four thousand eight hundred and thirty-two acres''.
            (2) Acreage.--The amendment made by paragraph (1) shall 
        result in the addition to the Gates of the Arctic Wilderness of 
        approximately 56,825 acres, and the rescission of approximately 
        73,993 acres as wilderness, from the total acreage of the Gates 
        of Arctic Wilderness (as determined on the day before the date 
        of enactment of this Act).
    (b) Maps.--The lands redesignated in subsection (a) are depicted on 
a map prepared by the National Park Service entitled ``Wilderness 
-A-c-t-i-o-n-s-, -P-r-o-p-o-s-e-d Actions, Anaktuvuk Pass Land Exchange 
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 Preserve in Fairbanks, Alaska.
    (c) Redesignation.--
            (1) In general.--
                    (A) Section 201(8)(a) of the Alaska National 
                Interest Lands Conservation Act is amended by striking 
                out ``approximately six million four hundred and sixty 
                thousand acres'' and inserting in lieu thereof 
                ``approximately six million four hundred and seventy-
                seven thousand one hundred and sixty-eight acres''.
                    (B) Section 701(7) of the Alaska National Interest 
                Lands Conservation Act (16 U.S.C. 1132) is amended by 
                striking out ``approximately five million eight hundred 
                thousand acres'' and inserting in lieu thereof 
                ``approximately five million eight hundred seventeen 
                thousand one hundred and sixty eight acres''.
            (2) Acreage.--The amendment made by paragraph (1) shall 
        result in the addition to the Noatak National Preserve and the 
        Noatak Wilderness of approximately 17,168 acres to the total 
        acreage of the Noatak National Preserve and the Noatak 
        Wilderness (as determined on the day before the date of 
        enactment of this Act).
    (d) Maps.--The lands redesignated in subsection (c) are depicted on 
a map entitled ``Proposed Noatak National Preserve Wilderness 
expansion'' dated September 19, 1994.

SEC. 6. CONFORMANCE WITH OTHER LAW.

    (a) Alaska Native Claims Settlement Act.--All of the lands, or 
interests therein, conveyed to and received by Arctic Slope Regional 
Corporation or Nunamiut Corporation pursuant to the Agreement shall be 
deemed to have been conveyed and received pursuant to the requirements 
relating to land exchanges under section 22(f) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1621(f)).
    (b) Valid Existing Rights.--All of the lands or interests in lands 
conveyed pursuant to the Agreement shall be conveyed subject to valid 
existing rights.
    (c) Alaska National Interest Lands Conservation Act.--Nothing in 
this Act or in the Agreement may be construed to enlarge or diminish 
the rights, privileges, or obligations of any person, except to the 
extent specifically set forth in this Act or the Agreement (including 
the specific preference for subsistence uses and access to subsistence 
resources provided under the Alaska National Interest Lands 
Conservation Act (94 Stat. 2417 et seq.)).