[Congressional Record Volume 148, Number 150 (Tuesday, November 19, 2002)]
[Senate]
[Pages S11647-S11649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CONVEYANCE OF CERTAIN PUBLIC LANDS IN THE STATE OF ALASKA TO THE 
                          UNIVERSITY OF ALASKA

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 640, S. 1816.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The legislative clerk read as follows:

       A bill (S. 1816) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read the third time and passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the measure be printed 
in the Record, with no intervening action or debate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The bill (S. 1816) was read the third time and passed, as follows:

                                S. 1816

       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

[[Page S11648]]

     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 
     conversation 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 the date of 
     enactment of this Act.

[[Page S11649]]

       (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.

                          ____________________