[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 293 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 293

    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

                            February 3, 2005

 Ms. 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 lands for the 
        University of Alaska;
            (3) the Territory did not 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 has the University of Alaska, and all land 
        grant colleges in the western States of the United States have 
        obtained substantially larger land grants than has 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 Federal Government now desires to acquire certain 
        lands for addendum to various conservation units;
            (7) 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
            (8) 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 for lands that are capable 
        of producing revenues to support the education objectives of 
        the original grants 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 to 
        further the purposes for which those areas were established.

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 interests in lands in 
or adjacent to Alaska as a land grant. The Secretary of the Interior 
(``Secretary'') shall promptly convey to the University the Federal 
lands selected and approved in accordance with the provisions of this 
Act.
    (b)(1) Within forty-eight (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. The initial selection may 
be less than or exceed 250,000 acres and the University may add or 
delete lands or interests in lands, or until 250,000 patented acres 
have been conveyed pursuant to this Act, except that the total of land 
selected and conveyed shall not exceed 275,000 areas at any 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 
convey 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 
        Management Area as depicted on a map that is included in the 
        final environmental impact statement for the Northeast NPRA 
        dated October 7, 1998; and
            (C) No selections may be made within those portions of NPRA 
        north of latitude 69 degrees North in excess of 92,000 acres 
        and 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, the Secretary 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 lands 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 selection, 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 deemed approved.
    (7) The Secretary may reject a selection if the Secretary finds 
that the selection would have a significant adverse impact on the 
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 irreversible 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 interests 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 interests 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 
interests in lands and shall notify the Secretary of its decision. The 
Secretary shall publish notice of any such acceptance or rejection in 
the Federal Register within six months. If the University has decided 
to accept the selection, effective on the date that the notice of such 
acceptance is published, all right, title, and interest of the United 
States in the described selection 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 interest in lands 
subject to an interim approval, the Secretary shall promptly issue 
patent to such lands or interests in lands.
    (j) The Secretary of Agriculture and the heads of other Federal 
departments and agencies shall promptly take such actions as may be 
necessary to assist the Secretary in 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 begin to convey to the Secretary those lands 
listed in ``The University of Alaska's Inholding Reconveyance 
Document'' and dated November 13, 2001.
    (b) The University shall begin conveyance of the lands described in 
section 3(a) of this Act 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 referred to in section 3(a) of this Act. 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 Department of the 
Interior, naming 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 filed in the United States District Court for the 
District of Alaska within two (2) years of the alleged violation or 
final agency decision and such court shall have exclusive jurisdiction 
over any such suit.

SEC. 5. STATE MATCHING GRANT.

    (a) Notwithstanding any other provision of law and subject to valid 
existing rights, within forty-eight (48) months of receiving evidence 
of ownership from the State, the University may, in addition to the 
grant made available in section 2 of this Act, 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 received from the State of Alaska after February 1, 2005.
    (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 pursuant to this section shall be separately 
subject to the terms and conditions applicable to grants made under 
section 2 of this Act.
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