[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1920 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1920

 To amend the Alaska National Interest Lands Conservation Act, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 1996

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Alaska National Interest Lands Conservation Act, 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.

    (a) The Alaska National Interest Lands Conservation Act (Public Law 
96-487, 94 Stat. 2371) is amended as follows: Section 101 is amended by 
the addition of a new subsection (e) as follows:
    ``(e) In order to comply with this Act all Federal public land 
managers in Alaska, or a region that includes Alaska, shall participate 
in an ANILCA training class as outlined in this legislation to be 
completed within 120 days after enactment. All future appointed Federal 
public land managers in Alaska, or a region containing Alaska, are 
required to complete the aforementioned ANILCA training within 60 days 
of appointments.''.
    (b) Section 103(c) is amended by inserting ``validly selected or'' 
in the second sentence before the word ``conveyed''.
    (c) Section 202(1) is amended by adding the following at the end 
thereof: ``Subsistence uses by local residents shall be permitted in 
the park where such uses are traditional in accordance with the 
provisions of title VIII.''.
    (d) Section 302(1)(B) is amended by adding the following new 
subparagraph (v) at the end thereof:
                            ``(v) to provide opportunities for fish and 
                        wildlife dependent recreation, including 
                        fishing and hunting.''.
    (e) Section 303(1)(B) is amended by adding the following new 
subparagraph (vi) at the end thereof:
                            ``(vi) to provide opportunities for fish 
                        and wildlife dependent recreation, including 
                        fishing and hunting.''.
    (f) In section 1102 add a new subsection (5) at the end thereof:
            ``(5) The term `compatible with the uses for which the unit 
        was established' means activities which would not cause 
        significant adverse impacts on conservation system units 
        purposes.''.
    (g) Section 1105 is amended by designating the existing language as 
subsection (a) and inserting a new subsection (b) as follows:
    ``(b) Any alternative route that may be identified by the head of 
the Federal agency shall not be less economically feasible and prudent 
than the route for the system being sought by the applicant.''.
    (h) Section 1109 is amended by deleting ``access.'' and inserting 
in lieu thereof adding ``access, including rights-of-way established 
under Revised Statute 2477.''.
    (i) Section 1110(a) is amended by adding ``specifically and 
tangibly'' in the second sentence before the word ``detrimental''.
    (j) The second sentence in section 1110(a) is amended by striking 
``area'' and inserting in lieu thereof: ``area: Provided, That 
reasonable regulations shall not include any requirements for the 
demonstration of pre-existing use, and: Provide further, That the 
Secretary shall limit any prohibitions to the smallest area 
practicable, to the smallest period of time, or both. No prohibition 
shall occur prior to formal consultation with the State of Alaska.''.
    (k) The last sentence of section 1110(b) is amended by inserting 
``may include easements, rights-of-way, or other interests in land or 
permits and'' immediately after ``such rights''.
    (l) In the last sentence of section 1110(b), strike ``lands.'' and 
inserting in lieu thereof the following: ``lands: Provided, That the 
Secretary shall not impose any unreasonable fees or charges on those 
seeking to secure their rights under this subsection. Individuals or 
entities possessiong rights under this subsection shall not be subject 
to the requirement of sections 1104, 1105, 1106, and 1107 herein.''.
    (m) Section 1301(d) is amended by striking ``permit'' in the final 
sentence and inserting in lieu thereof ``shall enable''.
    (n) Section 1303(a)(1)(D) is amended by striking ``located.'' and 
inserting in lieu thereof the following: ``located: Provided, That the 
applicant may not be required to waive, forfeit, or relinquish its 
possessory or personalty interests in a cabin or structure.''.
    (o) Section 1303(a)(2)(D) is amended by striking ``located.'' and 
inserting in lieu thereof the following: ``located: Provided, That the 
applicant may not be required to waive, forfeit, or relinquish its 
possessory or personalty interests in a cabin or structure.''.
    (p) Section 1303(b)(3)(D) is amended by striking ``located.'' and 
inserting in lieu thereof the following: ``located: Provided, That the 
applicant may not be required to waive, forfeit, or relinquish its 
possessory or personalty interests in a cabin or structure.''.
    (q) Section 1303 is amended by adding a new subsection (e) as 
follows:
    ``(e) All permits, permit renewals, or renewal or continuation of 
valid leases issued pursuant to this section shall provide for repair, 
maintenance, and replacement activities and may authorize alterations 
to cabins and similar structures that do not constitute a significant 
impairment of unit purposes.''.
    (r) Section 1307 is amended by adding a new sentence at the end as 
follows: ``Inability to provide the service for up to a five year 
period shall not constitute a relinquishment of a right under this 
section.''.
    (s) Section 1313 is amended at the end of the first sentence by 
striking ``regulation.'' and inserting the following: ``regulation: 
Provided, That a purpose of all preserves units is to provide for fish 
and wildlife dependent recreation including fishing and hunting.''.
    (t) Section 1314(c) is amended by striking ``law.'' at the end of 
the first sentence and inserting the following: ``law: Provided, That 
the taking of fish and wildlife for sport purposes shall be permitted 
on each unit of the Refuge system in Alaska, and: Provided further, 
That the Secretary may designate zones where and periods when no 
hunting, fishing, and trapping may be permitted for reasons of public 
safety, administration, floral and faunal protection, or public use and 
enjoyment. Except in emergencies, any regulations prescribing such 
restrictions relating to hunting, fishing, or trapping shall be put 
into effect only after consultation with the appropriate State agency 
having responsibility over hunting, fishing, and trapping.''.
    (u) Section 1315 is amended by adding a new subparagraph ``(g) as 
follows:
    ``(g) Within National Forest Wilderness Areas and National Forest 
Monument Areas as designated in this Act, the Secretary of Agriculture 
may permit or otherwise regulate helicopter use and landings.''.
    (v) Section 1316(a) is amended in the first sentence be deleting 
``equipment'' and inserting in lieu thereof: ``equipment, including 
motorized and mechanical equipment,''.
    (w) Section 1316(a) is amended in the second sentence by striking 
``consistent with the protection'' and inserting in lieu thereof ``not 
inconsistent with the conservation''.
    (x) Section 1316(a) is amended by striking ``permittee.'' in the 
last sentence and inserting in lieu thereof the following: ``permittee: 
Provided, That structures and facilities may be allowed to stand from 
season to season.''.
    (y) Section 1316(b) is amended by inserting ``significantly'' 
before the word ``detrimental''.
    (z) Section 1317(c) is amended by deleting ``section.'' and 
inserting in lieu thereof: ``section: Provided, That the Secretary 
shall not establish management directives, guidelines, policies or 
prescriptions for the purpose of administering any study area to 
preserve wilderness values prior to action by Congress on 
recommendations, if any, for wilderness designation of a study area.''.
    (aa) Section 1319 is amended by designating the existing text as 
subsection ``(a)'' and adding the following subsection (b):
    ``(b) Nothing in this Act shall be construed as limiting or 
restricting the power and authority of the State of Alaska except as 
expressly provided herein.''.
    (bb) The first sentence of section 1326(a) is amended be striking 
``withdraws'' in the first sentence and inserting in lieu thereof: 
``withdraws, redesignates or reclassifies into a more restrictive land 
management category''.
                                 <all>