1.
(a)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)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.
2.
(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.
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.
4.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.
5.
(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.