[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 660 Reported in Senate (RS)]





                                                       Calendar No. 208

105th CONGRESS

  1st Session

                                 S. 660

                          [Report No. 105-106]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 9, 1997

                       Reported with an amendment





                                                       Calendar No. 208
105th CONGRESS
  1st Session
                                 S. 660

                          [Report No. 105-106]

    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 SENATE OF THE UNITED STATES

                             April 28, 1997

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

                            October 9, 1997

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--The Congress finds that--</DELETED>
        <DELETED>    (1) the University of Alaska is the successor to 
        and the beneficiary of all Federal grants and conveyances to or 
        for the Alaska Agricultural College and School of 
        Mines;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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 (P.L. 85-508, 72 Stat. 339);</DELETED>
        <DELETED>    (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 obtained substantially larger land grants than the 
        University of Alaska;</DELETED>
        <DELETED>    (5) an academically strong and financially secure 
        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 interest;</DELETED>
        <DELETED>    (6) the national interest is served by 
        transferring 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 federal conservation system units 
        to federal ownership; and</DELETED>
        <DELETED>    (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 that an exchange of lands is consistent with 
        and in furtherance of the purposes and terms of, and thus not 
        in violation of, the Federal grant of such lands.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this act are--</DELETED>
        <DELETED>    (1) to fulfill the original commitment of Congress 
        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</DELETED>
        <DELETED>    (2) to acquire from the University of Alaska lands 
        it holds within federal Parks, Wildlife Refuges, and Wilderness 
        areas.</DELETED>

<DELETED>SEC. 2. PRIMARY FEDERAL GRANT.</DELETED>

<DELETED>    (a) Notwithstanding any other provision of law, but 
subject to valid existing rights and the procedures set forth herein, 
the University is granted and entitled to take up to 250,000 acres of 
federal lands (or reserved interests in lands) in or adjacent to Alaska 
as a federal grant. The University may identify and select the specific 
lands it intends to take pursuant to this grant, and the Secretary of 
the Interior (``Secretary'') shall promptly convey to the University 
the lands selected, in accordance with the provisions of this 
Act.</DELETED>
<DELETED>    (b)(1) Within 48 months of enactment of this Act, the 
University of Alaska may submit to the Secretary a list of properties 
the University has tentatively selected to receive under the conditions 
of this grant. Such list may be submitted in whole or in part during 
this period and the University may make interim tentative selections 
that it may relinquish or change within the 48 month period. The 
University may submit tentative selections that exceed the amount of 
the grant except that such selections shall not exceed 275,000 acres at 
any one time.</DELETED>
<DELETED>    (2) All selections shall be in reasonably compact units: 
Provided, That the University may select small tracts of federal land 
within federal reservations consistent with the limitations in 
subsection (c) below.</DELETED>
<DELETED>    (3) The University may submit tentative selections of 
federal lands validly selected but not conveyed to the State of Alaska 
or the corporations organized pursuant to the Alaska Native Claims 
Settlement Act: Provided, That such lands may not be approved or 
conveyed to the University unless the State of Alaska and or the 
corporation has relinquished its prior selection.</DELETED>
<DELETED>    (4) The University shall make no selections within 
Conservation System Units as defined in the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3101).</DELETED>
<DELETED>    (5) Within forty-five (45) days or receipt of a University 
tentative selection, the Secretary shall publish notice of said 
selection in the Federal Register. Such notice shall identify lands 
included in the tentative selection and provide for a period for public 
comment on the tentative selection not to exceed sixty (60) 
days.</DELETED>
<DELETED>    (6) Within six months of the receipt of a University 
tentative selection, the Secretary shall notify the University of his 
acceptance or objection to each tentative selection, including the 
reasons for any objection. Failure to object within six months shall 
constitute approval by the Secretary. Any public comments submitted in 
response to a public notice issued pursuant to paragraph (5) above may 
be considered by the Secretary: Provided, That the Secretary may object 
to tentative selections of the University if and only if he 
demonstrates that a conveyance of such to the University--</DELETED>
        <DELETED>    (A) will have a significant adverse impact on the 
        purposes for which a Conservation System Unit was established; 
        or</DELETED>
        <DELETED>    (B) will have a significant adverse impact on 
        fulfillment of the Alaska Statehood Act or the Alaska Native 
        Claims Settlement Act. (43 U.S.C. 1601)</DELETED>
<DELETED>    (7) The Secretary's acceptance of, or objection to, any 
tentative selections submitted by the University of Alaska pursuant to 
Section 2 of this Act or the conveyance of any such selections by 
tentative approval, patent or other instrument are not major federal 
actions within the means of section 102(2)(c) of Public Law 91-
190.</DELETED>
<DELETED>    (8) The Secretary shall publish notice of any decision to 
accept or object to a tentative selection in the Federal 
Register.</DELETED>
<DELETED>    (c) The Secretary shall not approve or convey, under this 
grant,</DELETED>
        <DELETED>    (1) any federal lands which, at the time of 
        enactment of this Act, are included in a Conservation System 
        Unit;</DELETED>
        <DELETED>    (2) any federal lands validly selected or top 
        filed pursuant to Sec. 906(e) of Public Law 96-487 but not 
        conveyed to the State of Alaska or the corporations pursuant to 
        the Alaska Native Claims Settlement Act; or</DELETED>
        <DELETED>    (3) any federal lands withdrawn and actually used 
        in connection with the administration of any federal 
        installations and military reservations unless the head of the 
        land holding or occupying agency or entity agrees.</DELETED>
<DELETED>    (d) If, following the Secretary's review of tentative 
selections by the University, the amount of acreage approved by the 
Secretary for conveyance is less than the full primary grant, the 
University may select additional lands to satisfy the primary 
grant.</DELETED>
<DELETED>    (e) Upon the University's tentative selection of land--
</DELETED>
        <DELETED>    (1) Such land shall be segregated and unavailable 
        for selection by and conveyance to the State of Alaska or any 
        corporation organized pursuant to the Alaska Native Claims 
        Settlement Act and shall not be otherwise encumbered or 
        disposed of by the United States pending completion of the 
        selection process.</DELETED>
        <DELETED>    (2) The University shall posses the non-exclusive 
        right to enter onto such lands for the purpose of--</DELETED>
                <DELETED>    (A) assessing the oil, gas, mineral and 
                other resource potential therein. The University, and 
                its delegatees or agents, shall be permitted to engage 
                in assessment 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: Provided, That this 
                paragraph shall not be construed as including or 
                allowing exploratory drilling of oil and gas wells; 
                and</DELETED>
                <DELETED>    (B) exercising due diligence regarding the 
                making of a final selection.</DELETED>
<DELETED>    (f) Within one year of the Secretary's approval of a 
tentative selection, the University may make therefrom a final 
selection pursuant to this Act. Within six months of such final 
selection by the University, the Secretary shall issue a tentative 
approval of such final selection. Such tentative approval shall be 
deemed to transfer to the University all right, title, and interest of 
the United States in and to the described selection. Any lakes, rivers 
and streams contained within such selections shall be meandered and 
lands submerged thereunder conveyed in accordance with 43 U.S.C. 
Sec. 1631, as amended. Upon completion of a survey of lands included 
within such tentative approval, the Secretary shall promptly issue 
patent to such lands. Pending issuance of a patent, the University 
shall have rights and authorities over tentatively approval lands 
consistent with those under the Alaska Statehood Act and the Alaska 
Native Claims Settlement Act, including the right to transfer, assign, 
exchange, grant, deed, lease or otherwise convey any or all present or 
future interest in the lands granted pursuant to this Act.</DELETED>
<DELETED>    (g) The Secretary of Agriculture, as well as the heads of 
other federal agencies, shall take such actions as may be necessary to 
facilitate and expedite the implementation of this Act by the Secretary 
of the Interior.</DELETED>

<DELETED>SEC. 3. RELINQUISHMENT OF CERTAIN UNIVERSITY OF ALASKA 
              HOLDINGS.</DELETED>

<DELETED>    (a) As a condition to receiving the land grant provided by 
Section 6 of this Act, the University of Alaska shall convey to the 
Secretary those lands listed in ``The University of Alaska's Inholding 
Reconveyance Document'' and dated April 24, 1997.</DELETED>
<DELETED>    (b) The University shall begin conveyance of the lands 
listed in (a) above upon taking title to lands it has selected pursuant 
to section 6 of this Act and shall convey to the Secretary a percentage 
amount of land proportional to that which it has received, but in no 
event shall it be required to convey any lands other than those listed 
in (a) above to the Secretary. The Secretary shall accept quitclaim 
deeds from the University for these lands.</DELETED>

<DELETED>SEC. 4. ALIENATION OF LANDS</DELETED>

<DELETED>    Notwithstanding any other provision of law, the University 
of Alaska may transfer, assign, exchange, grant, deed, lease or 
otherwise convey any or all present future interests in the lands 
granted pursuant to this Act.</DELETED>

<DELETED>SEC. 5. JUDICIAL REVIEW.</DELETED>

<DELETED>    The University of Alaska has the right to bring action 
for, including but not limited to, relief in the nature of mandamus, 
against the Secretary for violation of this Act or for review of an 
agency decision under this Act. Such an action can only be brought in 
the United States District Court for the District of Alaska and within 
two (2) years of the alleged violation or the final decision-making. 
For all other entities or persons, decisions of the Secretary shall be 
final and conclusive.</DELETED>

<DELETED>SEC. 6. STATE MATCHING GRANT.</DELETED>

<DELETED>    (a) Notwithstanding any other provision of law, but 
subject to valid existing rights and the procedures set forth in this 
Act, the University is granted and shall be entitled to take, in 
addition to the primary grant provided for in Section 2 herein, up to 
another 250,000 acres in federal lands (or reserved interests in lands) 
in or adjacent to Alaska: Provided, That any additional acres are 
granted, as specified below, on a matching acre-for-acre basis to the 
extent that the State of Alaska shall first grant to the University 
State-owned land in Alaska.</DELETED>
<DELETED>    (b) The university may select and the Secretary shall 
convey lands which the University is entitled to receive pursuant to 
this State Matching Grant Provisions in minimum increments of 25,000 
acres up to the maximum of 250,000 acres.</DELETED>

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 conveyances 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 section 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 obtained substantially larger land grants than the 
        University of Alaska;
            (5) an academically strong and financially secure 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 interest;
            (6) the national interest is served by transferring 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 Federal 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 that an exchange of lands is consistent with and 
        in furtherance of the purposes and terms of, and thus not in 
        violation of, the Federal grant of such lands.
    (b) Purposes.--The purposes of this Act are--
            (1) to fulfill the original commitment of Congress 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. PRIMARY FEDERAL GRANT.

    (a) Notwithstanding any other provision of law, but subject to 
valid existing rights and the procedures set forth herein, the 
University is granted and entitled to take up to 250,000 acres of 
Federal lands (or reserved interests in lands) in or adjacent to Alaska 
as a Federal grant. The University may identify and select the specific 
lands it intends to take pursuant to this grant, and the Secretary of 
the Interior (``Secretary'') shall promptly convey to the University 
the lands selected, in accordance with the provisions of this Act.
    (b)(1) Within 48 months of enactment of this Act, the University of 
Alaska may submit to the Secretary a list of properties the University 
has tentatively selected to receive under the conditions of this grant. 
Such list may be submitted in whole or in part during this period and 
the University may make interim tentative selections that it may 
relinquish or change within the 48-month period. The University may 
submit tentative selections that exceed the amount of the grant except 
that such selections shall not exceed 275,000 acres at any one time.
    (2) All selections shall be in reasonably compact units: Provided, 
That the University may select small tracts of Federal land within 
Federal reservations consistent with the limitations in subsection (c) 
below.
    (3) The University may submit tentative selections of Federal lands 
validly selected but not conveyed to the State of Alaska or the 
corporations organized pursuant to the Alaska Native Claims Settlement 
Act: Provided, That such lands may not be approved or conveyed to the 
University unless the State of Alaska and or the corporation has 
relinquished its prior selection.
    (4) The University shall make no selections within Conservation 
System Units as defined in the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3101) or lands designated as LUD II by 
section 201 of the Tongass Timber Reform Act of 1990.
    (5) Within forty-five (45) days of receipt of a University 
tentative selection, the Secretary shall publish notice of said 
selection in the Federal Register. Such notice shall identify lands 
included in the tentative selection and provide for a period for public 
comment on the tentative selection not to exceed sixty (60) days.
    (6) Within six months of the receipt of a University tentative 
selection, the Secretary shall notify the University of his acceptance 
or objection to each tentative selection, including the reasons for any 
objection. Failure to object within six months shall constitute 
approval by the Secretary. Any public comments submitted in response to 
a public notice issued pursuant to paragraph (5) above may be 
considered by the Secretary: Provided, That the Secretary may object to 
tentative selections of the University if and only if he demonstrates 
that a conveyance of such to the University--
            (A) will have a significant adverse impact on the purposes 
        for which a Conservation System Unit was established; or
            (B) will have a significant adverse impact on fulfillment 
        of the Alaska Statehood Act or the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601).
    (7) The Secretary's acceptance of, or objection to, any tentative 
selections submitted by the University of Alaska pursuant to section 2 
of this Act or the conveyance of any such selections by tentative 
approval, patent or other instrument are not major Federal actions 
within the means of section 102(2)(c) of Public Law 91-190.
    (8) The Secretary shall publish notice of any decision to accept or 
object to a tentative selection in the Federal Register.
    (c) The Secretary shall not approve or convey, under this grant--
            (1) any Federal lands which, at the time of enactment of 
        this Act, are included in a Conservation System Unit, or are 
        designated as LUD II by section 201 of the Tongass Timber 
        Reform Act of 1990;
            (2) any Federal lands validly selected or top filed 
        pursuant to section 906(e) of Public Law 96-487 but not 
conveyed to the State of Alaska or the corporations pursuant to the 
Alaska Native Claims Settlement Act; or
            (3) any Federal lands withdrawn and actually used in 
        connection with the administration of any Federal installations 
        and military reservations unless the head of the land holding 
        or occupying agency or entity agrees.
    (d) If, following the Secretary's review of tentative selections by 
the University, the amount of acreage approved by the Secretary for 
conveyance is less than the full primary grant, the University may 
select additional lands to satisfy the primary grant.
    (e) Upon the University's tentative selection of land:
            (1) Such land shall be segregated and unavailable for 
        selection by and conveyance to the State of Alaska or any 
        corporation organized pursuant to the Alaska Native Claims 
        Settlement Act and shall not be otherwise encumbered or 
        disposed of by the United States pending completion of the 
        selection process.
            (2) The University shall posses the nonexclusive right to 
        enter onto such lands for the purpose of--
                    (A) assessing the oil, gas, mineral, and other 
                resource potential therein. The University, and its 
                delegatees or agents, shall be permitted to engage in 
                assessment 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: Provided, That this 
                paragraph shall not be construed as including or 
                allowing exploratory drilling of oil and gas wells; and
                    (B) exercising due diligence regarding the making 
                of a final selection.
    (f) Within one year of the Secretary's approval of a tentative 
selection, the University may make therefrom a final selection pursuant 
to this Act. Within six months of such final selection by the 
University, the Secretary shall issue a tentative approval of such 
final selection. Such tentative approval shall be deemed to transfer to 
the University all right, title, and interest of the United States in 
and to the described selection. Any lakes, rivers and streams contained 
within such selections shall be meandered and lands submerged 
thereunder conveyed in accordance with 43 U.S.C. Sec. 1631, as amended. 
Upon completion of a survey of lands included within such tentative 
approval, the Secretary shall promptly issue a patent to such lands. 
Pending issuance of a patent, the University shall have rights and 
authorities over tentatively approval lands consistent with those under 
the Alaska Statehood Act and the Alaska Native Claims Settlement Act, 
including the right to transfer, assign, exchange, grant, deed, lease 
or otherwise convey any or all present or future interest in the lands 
granted pursuant to this Act.
    (g) The Secretary of Agriculture, as well as the heads of other 
Federal agencies, shall take such actions as may be necessary to 
facilitate and expedite the implementation of this Act by the Secretary 
of the Interior.

SEC. 3. RELINQUISHMENT OF CERTAIN UNIVERSITY OF ALASKA HOLDINGS.

    (a) As a condition to receiving the land grant provided by section 
2 of this Act, the University of Alaska shall convey to the Secretary 
those lands listed in ``The University of Alaska's Inholding 
Reconveyance Document'' and dated April 24, 1997.
    (b) The University shall begin conveyance of the lands listed in 
(a) above upon taking title to lands it has selected pursuant to 
section 2 of this Act and shall convey to the Secretary a percentage 
amount of land proportional to that which it has received, but in no 
event shall it be required to convey any lands other than those listed 
in (a) above to the Secretary. The Secretary shall accept quitclaim 
deeds from the University for these lands.

SEC. 4. ALIENATION OF LANDS.

    Notwithstanding any other provision of law, the University of 
Alaska may transfer, assign, exchange, grant, deed, lease or otherwise 
convey any or all present or future interests in the lands granted 
pursuant to this Act.

SEC. 5. JUDICIAL REVIEW.

    The University of Alaska has the right to bring action for, 
including but not limited to, relief in the nature of mandamus, against 
the Secretary for violation of this Act or for review of an agency 
decision under this Act. Such an action can only be brought in the 
United States District Court for the District of Alaska and within two 
(2) years of the alleged violation or the final decisionmaking. For all 
other entities or persons, decisions of the Secretary shall be final 
and conclusive.

SEC. 6. STATE MATCHING GRANT.

    (a) Notwithstanding any other provision of law, but subject to 
valid existing rights and the procedures set forth in this Act, the 
University is granted and shall be entitled to take, in addition to the 
primary grant provided for in section 2 herein, up to another 250,000 
acres in Federal lands (or reserved interests in lands) in or adjacent 
to Alaska: Provided, That any additional acres are granted, as 
specified below, on a matching acre-for-acre basis to the extent that 
the State of Alaska shall first grant to the University State-owned 
land in Alaska.
    (b) The University may select and the Secretary shall convey lands 
which the University is entitled to receive pursuant to this State 
matching grant provision in minimum increments of 25,000 acres up to 
the maximum of 250,000 acres.