[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 744 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 744

    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

                             March 25, 1999

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

_______________________________________________________________________

                                 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,

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 sec. 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 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. LAND GRANT.

    (a) Notwithstanding any other provision of law and subject to valid 
existing rights, the University of Alaska (``University'') is entitled 
to select up to 250,000 acres of federal lands or interest in lands in 
or adjacent to Alaska as a grant. The Secretary of the Interior 
(``Secretary'') shall promptly convey to the University federal lands 
selected and approved in accordance with the provisions of this Act.
    (b)(1) Within 48 months of the enactment of this Act, the 
University of Alaska may submit to the Secretary a description of lands 
or interests in lands for conveyance under subsection (a). The initial 
selection may be less than or exceed the maximum amount of the grant 
and the University may add or delete lands or interest in lands during 
this period, except that selections shall not exceed 275,000 acres at 
any one time.
    (2) The University may select lands validly selected but not 
conveyed to the State of Alaska or to a Native Corporation organized 
pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), 
except that these lands or interests in lands may not be approved or 
conveyed to the University unless the State of Alaska or the Native 
Corporation relinquishes its selection in writing.
    (3) The University may not make selections within a Conservation 
System Unit, as defined in the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3101), or in the Tongass National Forest 
except within lands classified as LUD III or LUD IV by the United 
States Forest Service and limited to areas of second growth timber 
where timber harvest occurred after January 1, 1952.
    (4) The University may make selections within the National 
Petroleum Reserve-Alaska (``NPRA''), except that--
            (A) no selection may be made within an area withdrawn for 
        village selection pursuant to section 11(a) of the Alaska 
        Native Claims Settlement Act for the Native villages of 
        Atkasook, Barrow, Nuiqsit and Wainwright;
            (B) no selection may be made in the Teshekpuk Lake Special 
        Area as depicted on a map dated March 24; and
            (C) No selections may be made within those portions of NPRA 
        north of latitude 69 degrees North in excess of 92,000 acres. 
        Notwithstanding any other provision of this Act, no selection 
        may be made within such area during the two year period 
        extending from the date of enactment of this act. The Secretary 
        shall attempt to conclude an agreement with the University of 
        Alaska and the State of Alaska providing for sharing NPRA 
        leasing revenues within the two year period. If the Secretary 
        concludes such an agreement, he shall transmit it to the 
        Congress, and no selection may be made within such area during 
        the three year period extending from the date of enactment of 
        this Act. If legislation has not been enacted within three 
        years of the date of enactment of this Act approving the 
        agreement, the University of Alaska may make selections within 
        such area. An agreement shall provide for the University of 
        Alaska to receive a portion of annual revenues from mineral 
        leases within NPRA in lieu of any land selections within NPRA 
        north of latitude 69 degrees North, but not to exceed ten 
        percent of such revenues or $9 million annually, whichever is 
        less.
    (5) Within forty-five (45) days of receipt of a selection, the 
Secretary shall publish notice of the selection in the Federal 
Register. The notice shall identify the lands or interest in lands 
included in the selection and provide for a period for public comment 
not to exceed sixty (60) days.
    (6) Within six months of the receipt of such a notice the Secretary 
shall accept or reject the selection and shall promptly notify the 
University of his decision, including the reasons for any rejection. A 
selection that is not rejected within six months of notification to the 
Secretary is approved without further action.
    (7) The Secretary may reject a selection if the Secretary finds 
that the selection would have a significant adverse impact on ability 
of the Secretary to comply with the land entitlement provisions of the 
Alaska Statehood Act or the Alaska Native Claims Settlement Act. (43 
U.S.C. 1601) or if the Secretary finds that the selection would have a 
direct, significant and irreversable adverse effect on a Conservation 
System Unit as defined in the Alaska National Interest Conservation 
Act.
    (8) The Secretary shall promptly publish notice of an acceptance or 
rejection of a selection in the Federal Register.
    (9) An action taken pursuant to this Act is not a major federal 
action within the meaning of section 102(2)(C) of Public Law 91-190 (83 
Stat. 852, 853).
    (c) The University may not select federal lands or interest in 
lands reserved for military purposes or reserved for the administration 
of a federal agency, unless the Secretary of Defense or the head of the 
affected agency agrees to relinquish the lands or interest in lands.
    (d) The University may select additional lands or interest in lands 
to replace lands rejected by the Secretary.
    (e) Lands or interest in lands shall be segregated and unavailable 
for selection by and conveyance to the State of Alaska or a Native 
Corporation and shall not be otherwise encumbered or disposed of by the 
United States pending completion of the selection process.
    (f) The University may enter selected lands on a non-exclusive 
basis to assess the oil, gas, mineral and other resource potential 
therein and to exercise due diligence regarding making a final 
selection. The University, and its delegates 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, 
except that exploratory drilling of oil and gas wells shall not be 
permitted.
    (g) Within one year of the Secretary's approval of a selection, the 
University may make a final decision whether to accept these lands or 
interest in lands and shall notify the Secretary of its decision. The 
Secretary shall publish notice of any such acceptance in the Federal 
Register within six months. Effective on the date that such notice is 
published, all right, title, and interest of the United States in the 
described selection, including the right to transfer, assign, alienate, 
exchange, grant, deed, lease or otherwise convey any or all present or 
future interest in the lands or interest in lands shall vest in the 
University.
    (h) Lakes, rivers and streams contained within final selections 
shall be meandered and lands submerged thereunder shall be conveyed in 
accordance with section 901 of the Alaska National Interest Lands 
Conservation Act (94 Stat. 2371, 2430; 43 U.S.C. 1631).
    (i) Upon completion of a survey of lands or interests in lands 
subject to an interim approval, the Secretary shall promptly issue 
patent to these lands or interest in lands.
    (j) The Secretary of Agriculture and the heads of other Federal 
departments and agencies shall take promptly such actions as may be 
necessary to assist the Secretary implementing this Act.

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

    (a) As a condition to any grant provided by section 2 of this Act, 
the University 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 described in 
subsection (a) upon approval of selected lands and shall convey to the 
Secretary a percentage of these lands approximately equal to that 
percentage of the total grant represented by the approval. The 
University shall not be required to convey to the Secretary any lands 
other than those listed in subsection (a). The Secretary shall accept 
quitclaim deeds from the University for these lands.

SEC. 4. JUDICIAL REVIEW.

    The University of Alaska may bring an appropriate action, including 
an action in the nature of mandamus, against the Secretary for 
violation of this Act or for review of a final agency decision taken 
under this Act. An action pursuant to this section may be brought in 
the United States District Court for the District of Alaska within two 
(2) years of the alleged violation or final agency decision.

SEC. 6. STATE MATCHING GRANT.

    (a) Notwithstanding any other provision of law and subject to valid 
existing rights, the University may, in addition to the grant made 
available in section 2, select up to 250,000 acres of federal lands or 
interests in lands in or adjacent to Alaska to be conveyed on an acre-
for-acre basis as a matching grant for any lands granted to the 
University by the State of Alaska after the date of enactment of this 
Act.
    (b) Selections of lands or interests in lands pursuant to this 
section shall be in parcels of 25,000 acres or greater.
    (c) Grants made under this section shall be subject to the terms 
and conditions applicable to grants made under section 2 of this Act.
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