[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1683 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1683

    To make technical changes to the Alaska National Interest Lands 
               Conservation Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 1999

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

_______________________________________________________________________

                                 A BILL


 
    To make technical changes to 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. SHORT TITLE.

    This Act may be referred to as the ``Rural Alaska Access Rights Act 
of 1999''.

SEC. 2. AMENDMENT OF ACT.

    The Alaska National Interest Lands Conservation Act (Public Law 96-
487; 94 Stat. 2371) is amended as follows:
    (a) Section 101 is amended by adding a new subsection (e) as 
follows:
    ``(e) All Federal public land managers in Alaska, or a region that 
includes Alaska, shall participate in an Alaska National Interest Lands 
Conservation Act (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, shall complete ANILCA training within 60 days of 
assuming their position.''.
    (b) Section 103(c) is amended by inserting ``validly selected or'' 
in the second sentence before the word ``conveyed''.
    (c) In section 1102, add a new subsection (5) at the end as 
follows:
            ``(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.''.
    (d) 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 being sought by the applicant.''.
    (e) Section 1109 is amended by deleting ``access.'' and inserting 
in lieu thereof: ``access, including rights-of-way established under 
Revised Statute 2477.''.
    (f) The second sentence of section 1110(a) is amended by adding 
``specifically and tangibly'' before the word ``detrimental''.
    (g) The second sentence in section 1110(a) is amended by striking 
``area'' and inserting in lieu thereof: ``area: except that (1) 
reasonable regulations shall not include any requirements for the 
demonstration of pre-existing use and (2) the Secretary shall limit any 
prohibitions to the smallest area practicable and to the shortest 
period of time. No prohibition may be imposed prior to formal 
consultation with and consideration of the views of the State of 
Alaska.''.
    (h) The last sentence of section 1110(b) is amended by inserting 
``may include easements, right-of-way, or other interests in land or 
permits and'' after ``such rights''.
    (i) In the last sentence of section 1110(b), strike ``lands.'' and 
insert in lieu thereof: ``lands, except that the Secretary may not 
impose any unreasonable fees or charges on those seeking to exercise 
their rights under this subsection. Individuals or entities possessing 
rights under this subsection shall not be subject to the requirement of 
sections 1104, 1105, 1106, and 1107 of this Act.''.
    (j) Section 1301(d) is amended by striking ``permit'' in the final 
sentence and inserting in lieu thereof ``shall enable''.
    (k) Section 1303(a)(1)(D) is amended by striking ``located.'' and 
inserting in lieu thereof: ``located, except that the applicant may not 
be required to waive, forfeit, or relinquish any possessory or personal 
interests in a cabin or structure.''.
    (l) Section 1303(a)(2)(D) is amended by striking ``located.'' and 
inserting in lieu thereof: ``located, except that the applicant may not 
be required to waive, forfeit, or relinquish any possessory or personal 
interests in a cabin or structure.''.
    (m) Section 1303(b)(3)(D) is amended by striking ``located.'' and 
inserting in lieu thereof: ``located, except that the applicant may not 
be required to waive, forfeit, or relinquish any possessory or personal 
interests in a cabin or structure.''.
    (n) Section 1303 is amended by adding a new subsection (e) as 
follows:
    ``(e)(1) 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 structure that do not constitute a 
significant impairment of unit purposes. Reasonable access, including 
access by aircraft, shall be afforded to permittees and lessees for 
these purposes.
    ``(2) Fees for all permits and leases issued pursuant to this 
section shall be reasonable and consistent with purpose of maintaining 
and facilitating authorized use. Reasonable fees are those that enable 
the issuing agency to recover and may not exceed permit or lease 
processing costs.
    ``(3) For purposes of this section, a claimant shall include 
persons who have regularly used a cabin related to the provision of 
authorized fishing or hunting services.''.
    (o) Section 1307 (a) 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.''.
    (p) Section 1313 is amended by adding at the end of the first 
sentence: ``A purpose of all preserve units is to provide for fish and 
wildlife dependent recreation including fishing and hunting.''.
    (q) Section 1314 (c) is amended by striking ``law.'' at the end of 
the first sentence and inserting the following: ``law except that the 
taking of fish and wildlife for sport as well as subsistence purposes 
shall be permitted on each unit of the Refuge system in Alaska. 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.''.
    (r) Section 1315 is amended by adding a new subsection ``(g)'' as 
follows:
    ``(g) Notwithstanding any other provision of law, within National 
Forest Wilderness Areas and National Forest Monument areas as 
designated in this Act, the Secretary of Agriculture shall permit or 
otherwise regulate helicopter use and landings.''.
    (s) Section 1316 (a) is amended in the first sentence by deleting 
``equipment'' and inserting in lieu thereof: ``equipment, including 
motorized and mechanical equipment,''.
    (t) 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''.
    (u) Section 1316 (a) is amended by striking ``permittee.'' in the 
last sentence and inserting in lieu thereof: ``permittee except that 
structures and facilities may be allowed to stand from season to 
season.''.
    (v) Section 1316 (b) is amended by inserting ``significantly'' 
before the word ``detrimental''.
    (w) Section 1317 (c) is amended by deleting ``section.'' and 
inserting in lieu thereof: ``section except 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.''.
    (x) 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.''.
    (y) The first sentence of Section 1326 (a) is amended by striking 
``withdraws'' in the first sentence and inserting in lieu thereof: 
``withdraws, redesignates or reclassifies into a different or 
additional land management category''.
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