1. U.S. Code
  2. title 16
  3. chapter 51
  4. subchapter VI
  5. § 3212

Collapse to view only § 3212. Terror Lake Hydroelectric Project in Kodiak National Wildlife Refuge

§ 3191. Management plans
(a) Development; transmittal to Congressional committees
(b) National Park service plan requirements
(1) Maps indicating areas of particular importance as to wilderness, natural, historical, wildlife, cultural, archeological, paleontological, geological, recreational, and similar resources and also indicating the areas into which such unit will be divided for administrative purposes.
(2) A description of the programs and methods that will be employed to manage fish and wildlife resources and habitats, cultural, geological, recreational, and wilderness resources, and how each conservation system unit will contribute to overall resources management goals of that region. Such programs should include research, protection, restoration, development, and interpretation as appropriate.
(3) A description of any areas of potential or proposed development, indicating types of visitor services and facilities to be provided, the estimated costs of such services and facilities, and whether or not such services and facilities could and should be provided outside the boundaries of such unit.
(4) A plan for access to, and circulation within, such unit, indicating the type and location of transportation routes and facilities, if any.
(5) A description of the programs and methods which the Secretary plans to use for the purposes of (A) encouraging the recognition and protection of the culture and history of the individuals residing, on December 2, 1980, in such unit and areas in the vicinity of such unit, and (B) providing and encouraging employment of such individuals.
(6) A plan for acquiring land with respect to such unit, including proposed modifications in the boundaries of such unit.
(7) A description (A) of privately owned areas, if any, which are within such unit, (B) of activities carried out in, or proposed for, such areas, (C) of the present and potential effects of such activities on such unit, (D) of the purposes for which such areas are used, and (E) of methods (such as cooperative agreements and issuance or enforcement of regulations) of controlling the use of such activities to carry out the policies of this Act and the purposes for which such unit is established or expanded.
(8) A plan indicating the relationship between the management of such unit and activities being carried out in, or proposed for, surrounding areas and also indicating cooperative agreements which could and should be entered into for the purpose of improving such management.
(c) Consideration of factors
In developing, preparing, and revising a plan under this section the Secretary shall take into consideration at least the following factors:
(1) The specific purposes for which the concerned conservation system unit was established or expanded.
(2) Protection and preservation of the ecological, environmental, wildlife, cultural, historical, archeological, geological, recreational, wilderness, and scenic character of the concerned unit and of areas in the vicinity of such unit.
(3) Providing opportunities for Alaska Natives residing in the concerned unit and areas adjacent to such unit to continue performing in such unit activities which they have traditionally or historically performed in such unit.
(4) Activities being carried out in areas adjacent to, or surrounded by, the concerned unit.
(d) Hearing and participation
In developing, preparing, and revising a plan under this section the Secretary shall hold at least one public hearing in the vicinity of the concerned conservation unit, hold at least one public hearing in a metropolitan area of Alaska, and, to the extent practicable, permit the following persons to participate in the development, preparation, and revision of such plan:
(1) The Alaska Land Use Council and officials of Federal agencies whose activities will be significantly affected by implementation of such plan.
(2) Officials of the State and of political subdivisions of the State whose activities will be significantly affected by implementation of such plan.
(3) Officials of Native Corporations which will be significantly affected by implementation of such plan.
(4) Concerned local, State, and National organizations and interested individuals.
(Pub. L. 96–487, title XIII, § 1301, Dec. 2, 1980, 94 Stat. 2472.)

CITE AS: 16 USC 3191

§ 3192. Land acquisition authority
(a) General authority
(b) RestrictionsLands located within the boundaries of a conservation system unit which are owned by—
(A) the State or a political subdivision of the State;
(B) a Native Corporation or Native Group which has Natives as a majority of its stockholders;
(C) the actual occupant of a tract, title to the surface estate of which was on, before, or after December 2, 1980, conveyed to such occupant pursuant to section 1613(c)(1) and (h)(5) of title 43, unless the Secretary determines that the tract is no longer occupied for the purpose described in section 1613(c)(1) or (h)(5) of title 43 for which the tract was conveyed and that activities on the tract are or will be detrimental to the purposes of the unit in which the tract is located; or
(D) a spouse or lineal descendant of the actual occupant of a tract described in subparagraph (C), unless the Secretary determines that activities on the tract are or will be detrimental to the purposes of the unit in which the tract is located—
may not be acquired by the Secretary without the consent of the owner.
(c) Exchanges
(d) Improved property
(e) Retained rights
(f) “Improved property” definedFor the purposes of this section, the term “improved property” means—
(1) a detached single family dwelling, the construction of which was begun before January 1, 1980 (hereinafter referred to as the “dwelling”), together with the land on which the dwelling is situated to the extent that such land—
(A) is in the same ownership as the dwelling or is Federal land on which entry was legal and proper, and
(B) is designated by the Secretary to be necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures necessary to the dwelling which are situated on the land so designated, or
(2) property developed for noncommercial recreational uses, together with any structures accessory thereto which were so used on or before January 1, 1980, to the extent that entry onto such property was legal and proper.
In determining when and to what extent a property is to be considered an “improved property”, the Secretary shall take into consideration the manner of use of such buildings and lands prior to January 1, 1980, and shall designate such lands as are reasonably necessary for the continued enjoyment of the property in the same manner and to the same extent as existed before such date.
(g) Consideration of hardship
(h) Exchange authority
(1) Notwithstanding any other provision of law, in acquiring lands for the purposes of this Act, the Secretary is authorized to exchange lands (including lands within conservation system units and within the National Forest System) or interests therein (including Native selection rights) with the corporations organized by the Native Groups, Village Corporations, Regional Corporations, and the Urban Corporations, and other municipalities and corporations or individuals, the State (acting free of the restrictions of section 6(i) of the Alaska Statehood Act), or any Federal agency. Exchanges shall be on the basis of equal value, and either party to the exchange may pay or accept cash in order to equalize the value of the property exchanged, except that if the parties agree to an exchange and the Secretary determines it is in the public interest, such exchanges may be made for other than equal value.
(2) Nothing in this Act or any other provision of law shall be construed as authorizing the Secretary to convey, by exchange or otherwise, lands or interest in lands within the coastal plain of the Arctic National Wildlife Refuge (other than land validly selected prior to July 28, 1987), without prior approval by Act of Congress.
(i) Donation or exchange
(1) The Secretary is authorized to acquire by donation or exchange, lands (A) which are contiguous to any conservation system unit established or expanded by this Act, and (B) which are owned or validly selected by the State of Alaska.
(2) Any such lands so acquired shall become a part of such conservation system unit.
(Pub. L. 96–487, title XIII, § 1302, Dec. 2, 1980, 94 Stat. 2474; Pub. L. 100–395, title II, § 201, Aug. 16, 1988, 102 Stat. 981.)

CITE AS: 16 USC 3192

§ 3192a. Restrictions on use of appropriated funds

Notwithstanding any other provision of law, none of the funds provided in this Act or any other Act hereafter enacted may be used by the Secretary of the Interior, except with respect to land exchange costs and costs associated with the preparation of land acquisitions, in the acquisition of State, private, or other non-federal lands (or any interest therein) in the State of Alaska, unless, in the acquisition of any State, private, or other non-federal lands (or interest therein) in the State of Alaska, the Secretary seeks to exchange unreserved public lands before purchasing all or any portion of such lands (or interest therein) in the State of Alaska.

(Pub. L. 105–277, div. A, § 101(e) [title I, § 127], Oct. 21, 1998, 112 Stat. 2681–231, 2681–261.)

CITE AS: 16 USC 3192a

§ 3193. Use of cabins and other sites of occupancy on conservation system units
(a) Improved property on National Park System lands
(1) On public lands within the boundaries of any unit of the National Park System created or enlarged by this Act, cabins or other structures existing prior to December 18, 1973, may be occupied and used by the claimant to these structures pursuant to a renewable, nontransferable permit. Such use and occupancy shall be for terms of five years each: Provided, That the claimant of the structure by application:
(A) Reasonably demonstrates by affidavit, bill of sale or other documentation, proof of possessory interest or right of occupancy in the cabin or structure;
(B) Submits a sketch or photograph of the cabin or structure and a map showing its geographic location;
(C) Agrees to vacate the cabin and to remove all personal property from the cabin or structure upon expiration of the permit; and
(D) Acknowledges in the permit that the applicant has no interest in the real property on which the cabin or structure is located.
(2) On public lands within the boundaries of any unit of the National Park System created or enlarged by this Act, cabins or other structures, the occupancy or use of which commenced between December 18, 1973, and December 1, 1978, may be used and occupied by the claimant of such structure pursuant to a nontransferable, nonrenewable permit. Such use and occupancy shall be for a maximum term of one year: Provided, however, That the claimant, by application:
(A) Reasonably demonstrates by affidavit, bill of sale, or other documentation proof of possessory interest or right of occupancy in the cabin or structure;
(B) Submits a sketch or photograph of the cabin or structure and a map showing its geographic location;
(C) Agrees to vacate the cabin or structure and to remove all personal property from it upon expiration of the permit; and
(D) Acknowledges in the permit that the applicant has no legal interest in the real property on which the cabin or structure is located.
The Secretary may, on a case by case basis, subject to reasonable regulations, extend such permit term beyond one year for such reasons as the Secretary deems equitable and just.
(3) Cabins or other structures not under permit as specified herein shall be used only for official government business: Provided however, That during emergencies involving the safety of human life or where designated for public use by the Secretary, these cabins may be used by the general public.
(4) The Secretary may issue a permit under such conditions as he may prescribe for the temporary use, occupancy, construction and maintenance of new cabins or other structures if he determines that the use is necessary to reasonably accommodate subsistence uses or is otherwise authorized by law.
(b) Improved property on other units or areas established or expanded by this ActThe following conditions shall apply regarding the construction, use and occupancy of cabins and related structures on Federal lands within conservation system units or areas not provided for in subsection (a) of this section:
(1) The construction of new cabins is prohibited except as may be authorized pursuant to a nontransferable, five-year special use permit issued by the Secretary. Such special use permit shall only be issued upon a determination that the proposed use, construction, and maintenance of a cabin is compatible with the purposes for which the unit or area was established and that the use of the cabin is either directly related to the administration of the unit or area or is necessary to provide for a continuation of an ongoing activity or use otherwise allowed within the unit or area where the permit applicant has no reasonable alternative site for constructing a cabin. No special use permit shall be issued to authorize the construction of a cabin for private recreational use.
(2) Traditional and customary uses of existing cabins and related structures on Federal lands within a unit or area may be allowed to continue in accordance with a nontransferable, renewable five-year special use permit issued by the Secretary. Such special use permit shall be issued only upon a determination that the traditional and customary uses are compatible with the purposes for which the unit or area was established. No special use permits shall be issued to authorize the use of an existing cabin constructed for private recreational use.
(3) No special use permit shall be issued under paragraphs (1) or (2) of this subsection unless the permit applicant:
(A) In the case of existing cabins or structures, reasonably demonstrates by affidavit, bill of sale or other documentation, proof of possessory interests or right of occupancy in the cabin or structure;
(B) Submits a sketch or photograph of the existing or proposed cabin or structure and a map showing its geographic location;
(C) Agrees to vacate the cabin or structure and remove, within a reasonable time period established by the Secretary, all personal property from it upon nonrenewal or revocation of the permit; and
(D) Acknowledges in the permit application that the applicant has no interest in the real property on which the cabin or structure is located or will be constructed.
(4) The United States shall retain ownership of all new cabins and related structures on Federal lands within a unit or area specified in this subsection, and no proprietary rights or privileges shall be conveyed through the issuance of the special use permit authorized by paragraphs (1) or (2) of this subsection. Cabins or other structures not under permit shall be used only for official Government business: Provided, however, That during emergencies involving the safety of human life or where designated for public use by the unit or area manager, such cabins may be used by the general public.
(c) Permits to be renewed for life of claimant and immediate family
(1) Whenever issuance of a nontransferable renewable five-year special use permit is authorized by subsections (a) or (b) of this section, said permit shall be renewed every five years until the death of the last immediate family member of the claimant residing in the cabin or structure, or unless the Secretary has revoked the special use permit in accordance with the criteria established in this section.
(2) Notwithstanding any other provision of this section, the Secretary, after notice and hearing, may revoke a permit provided for in this section if he determines, on the basis of substantial evidence in the administrative record as a whole, that the use under the permit is causing or may cause significant detriment to the principal purposes for which the unit was established.
(d) Existing cabin leases or permits
(Pub. L. 96–487, title XIII, § 1303, Dec. 2, 1980, 94 Stat. 2476.)

CITE AS: 16 USC 3193

§ 3194. Archeological and paleontological sites
Notwithstanding any acreage or boundary limitations contained in this Act with respect to the Cape Krusenstern National Monument, the Bering Land Bridge National Preserve, the Yukon-Charley Rivers National Preserve, and the Kobuk Valley National Park, the Secretary may designate Federal lands or he may acquire by purchase with the consent of the owner, donation, or exchange any significant archeological or paleontological site in Alaska located outside of the boundaries of such areas and containing resources which are closely associated with any such area. If any such site is so designated or acquired, it shall be included in and managed as part of such area. Not more than seven thousand five hundred acres of land may be designated or acquired under this section for inclusion in any single area. Before designation or acquisition of any property in excess of one hundred acres under the provisions of this section, the Secretary shall—
(1) submit notice of such proposed designation or acquisition to the appropriate committees of the Congress; and
(2) publish notice of such proposed designation or acquisition in the Federal Register.
(Pub. L. 96–487, title XIII, § 1304, Dec. 2, 1980, 94 Stat. 2478.)

CITE AS: 16 USC 3194

§ 3195. Cooperative information and education centers

The Secretary is authorized in consultation with other Federal agencies, to investigate and plan for an information and education center for visitors to Alaska on not to exceed one thousand acres of Federal land at a site adjacent to the Alaska Highway, and to investigate and plan for similar centers in Anchorage and Fairbanks, Alaska. For the purposes of this investigation, the Secretary shall seek participation in the program planning and/or operation of such centers from appropriate agencies of the State of Alaska, and he is authorized to accept contributions of funds, personnel, and planning and program assistance from such State agencies, other Federal agencies, and Native representatives. The Secretary of Agriculture is authorized to investigate and plan for, in a similar manner, an information and education center for visitors to Alaska in either Juneau, Ketchikan, or Sitka, Alaska. No information center shall be developed pursuant to investigations and plans conducted under authority of this section unless and until such development is specifically authorized by Congress.

(Pub. L. 96–487, title XIII, § 1305, Dec. 2, 1980, 94 Stat. 2478.)

CITE AS: 16 USC 3195

§ 3196. Administrative sites and visitor facilities
(a) Establishment
In conformity with the conservation and management plans prepared for each unit and the purposes of assuring the preservation, protection, and proper management of any conservation system unit, the Secretary may establish sites and visitor facilities—
(1) within the unit, if compatible with the purposes for which the unit is established, expanded, or designated by this Act, and the other provisions of this Act, or
(2) outside the boundaries of, and in the vicinity of, the unit.
To the extent practicable and desirable, the Secretary shall attempt to locate such sites and facilities on Native lands in the vicinity of the unit.
(b) Authorities of Secretary
For the purpose of establishing administrative sites and visitor facilities under subsection (a)—
(1) the Secretary and the head of the Federal agency having primary authority over the administration of any Federal land which the Secretary determines is suitable for use in carrying out such purpose may enter into agreements permitting the Secretary to use such land for such purposes;
(2) notwithstanding any other provision of law, the Secretary, under such terms and conditions as he determines are reasonable, may lease or acquire by purchase, donation, exchange, or any other method (except condemnation) real property (other than Federal land), office space, housing, and other necessary facilities which the Secretary determines to be suitable for carrying out such purposes; and
(3) the Secretary may construct, operate, and maintain such permanent and temporary buildings and facilities as he deems appropriate on land which is within, or in the vicinity of, any conservation system unit and with respect to which the Secretary has acquired authority under this subsection to use the property for the purpose of establishing an administrative site or visitor facility under subsection (a), except that the Secretary may not begin construction of buildings and facilities on land not owned by the United States until the owner of such land has entered into an agreement with the Secretary, the terms of which assure the continued use of such buildings and facilities in furtherance of the purposes of this Act.
(Pub. L. 96–487, title XIII, § 1306, Dec. 2, 1980, 94 Stat. 2479.)

CITE AS: 16 USC 3196

§ 3197. Revenue-producing visitor services
(a) Continuation of existing visitor services
(b) Preference
Notwithstanding provisions of law other than those contained in subsection (a), in selecting persons to provide (and in contracting for the provision of) any type of visitor service for any conservation system unit, except sport fishing and hunting guiding activities, the Secretary—
(1) shall give preference to the Native Corporations which the Secretary determines are most directly affected by the establishment or expansion of such unit by or under the provisions of this Act;
(2) shall give preference to persons whom he determines, by rule, are local residents; and
(3) shall, consistent with the provisions of this section, offer to Cook Inlet Region, Incorporated, in cooperation with Village Corporations within the Cook Inlet Region when appropriate, the right of first refusal to provide new revenue producing visitor services within the Kenai National Moose Range or that portion of the Lake Clark National Park and Preserve within the boundaries of the Cook Inlet Region that right to remain open for a period of ninety days as agreed to in paragraph VIII of the document referred to in section 12 of the Act of January 2, 1976 (Public Law 94–204).
(c) “Visitor service” defined
(Pub. L. 96–487, title XIII, § 1307, Dec. 2, 1980, 94 Stat. 2479; Pub. L. 105–333, § 10, Oct. 31, 1998, 112 Stat. 3134.)

CITE AS: 16 USC 3197

§ 3198. Local hire
(a) Program
After consultation with the Office of Personnel Management, the Secretary shall establish an excepted service appointment authority, under which any individual who, by reason of having lived or worked in or near public lands, has special knowledge or expertise concerning the natural or cultural resources of public lands and the management thereof (as determined by the Secretary) shall be considered for selection for any position within public lands without regard to—
(1) any provision of the civil service laws or regulations thereunder which require minimum periods of formal training or experience,
(2) any such provision which provides an employment preference to any other class of applicant is such selection, and
(3) any numerical limitation on personnel otherwise applicable.
Individuals appointed under this subsection shall not be taken into account in applying any personnel limitation described in paragraph (3).
(b) Preference eligibles within local hire
(c) Payment of expenses after death of an employee
(1) Definition of immediate family member
(2) Payments
If an employee appointed under the program established by subsection (a) dies in the performance of any assigned duties on or after October 1, 2002, the Secretary may—
(A) pay or reimburse reasonable expenses, regardless of when those expenses are incurred, for the preparation and transportation of the remains of the deceased employee to a location in the State of Alaska which is selected by the surviving head of household of the deceased employee;
(B) pay or reimburse reasonable expenses, regardless of when those expenses are incurred, for transporting immediate family members and the baggage and household goods of the deceased employee and immediate family members to a community in the State of Alaska which is selected by the surviving head of household of the deceased employee.
(d) Reports
(e) Competitive status
(1) In general
(2) Conversion to competitive service
(3) Redesignation of certain positions
(A) Persons serving in original positions
(B) Persons no longer serving in original positions
With respect to any person who was hired pursuant to the program established under subsection (a) that is no longer serving in that position as of March 30, 2009—
(i) the person may provide to the Secretary a request for redesignation of the service as part of the competitive service that includes evidence of the employment; and
(ii) not later than 90 days of the submission of a request under clause (i), the Secretary shall redesignate the service of the person as being part of the competitive service.
(Pub. L. 96–487, title XIII, § 1308, Dec. 2, 1980, 94 Stat. 2480; Pub. L. 100–689, title IV, § 401, Nov. 18, 1988, 102 Stat. 4177; Pub. L. 102–415, § 16, Oct. 14, 1992, 106 Stat. 2124; Pub. L. 108–199, div. H, § 147, Jan. 23, 2004, 118 Stat. 445; Pub. L. 111–11, title VI, § 6101, Mar. 30, 2009, 123 Stat. 1170; Pub. L. 112–74, div. E, title I, § 121(b), Dec. 23, 2011, 125 Stat. 1012.)

CITE AS: 16 USC 3198

§ 3199. Navigation aids and other facilities
(a) Existing facilities
(b) New facilities
(Pub. L. 96–487, title XIII, § 1310, Dec. 2, 1980, 94 Stat. 2481.)

CITE AS: 16 USC 3199

§ 3200. Denali Scenic Highway study
(a) Withdrawal
(b) Study
(c) Cooperation notice: hearings
(d) Report
(e) Period of withdrawal
(Pub. L. 96–487, title XIII, § 1311, Dec. 2, 1980, 94 Stat. 2481.)

CITE AS: 16 USC 3200

§ 3201. Administration of national preserves

A National Preserve in Alaska shall be administered and managed as a unit of the National Park System in the same manner as a national park except as otherwise provided in this Act and except that the taking of fish and wildlife for sport purposes and subsistence uses, and trapping shall be allowed in a national preserve under applicable State and Federal law and regulation. Consistent with the provisions of section 3126 of this title, within national preserves the Secretary may designate zones where and periods when no hunting, fishing, trapping, or entry 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 activities.

(Pub. L. 96–487, title XIII, § 1313, Dec. 2, 1980, 94 Stat. 2483.)

CITE AS: 16 USC 3201

§ 3202. Taking of fish and wildlife
(a) Responsibility and authority of State of Alaska
(b) Responsibility and authority of Secretary
(c) Areas controlled; areas closed, exceptions
The taking of fish and wildlife in all conservation system units, and in national conservation areas, national recreation areas, and national forests, shall be carried out in accordance with the provisions of this Act and other applicable State and Federal law. Those areas designated as national parks or national park system monuments in the State shall be closed to the taking of fish and wildlife, except that—
(1) notwithstanding any other provision of this Act, the Secretary shall administer those units of the National Park System, and those additions to existing units, established by this Act and which permit subsistence uses, to provide an opportunity for the continuance of such uses by local rural residents; and
(2) fishing shall be permitted by the Secretary in accordance with the provisions of this Act and other applicable State and Federal law.
(Pub. L. 96–487, title XIII, § 1314, Dec. 2, 1980, 94 Stat. 2484.)

CITE AS: 16 USC 3202

§ 3203. Wilderness management
(a) Application only to Alaska
(b) Aquaculture
(c) Existing cabins
(d) New cabins
(e) Timber contracts
(f) Beach log salvage
(Pub. L. 96–487, title XIII, § 1315, Dec. 2, 1980, 94 Stat. 2484; Pub. L. 103–437, § 6(d)(31), Nov. 2, 1994, 108 Stat. 4584.)

CITE AS: 16 USC 3203

§ 3204. Allowed uses
(a) Establishment and use of new facilities
(b) Denial of proposed use or establishment
(Pub. L. 96–487, title XIII, § 1316, Dec. 2, 1980, 94 Stat. 2485.)

CITE AS: 16 USC 3204

§ 3205. General wilderness review
(a) Suitability of lands for preservation; report to President
(b) Presidential recommendations to Congress
(c) Administration of units unaffected pending Congressional action
(Pub. L. 96–487, title XIII, § 1317, Dec. 2, 1980, 94 Stat. 2485.)

CITE AS: 16 USC 3205

§ 3206. Statewide cultural assistance program

In furtherance of the national policy set forth in section 320101 of title 54, and in furtherance of the need to protect and interpret for the public benefit cultural and archeological resources and objects of national significance relating to prehistoric and historic human use and occupation of lands and waters in Alaska, the Secretary may, upon the application of a Native Corporation or Native Group, provide advice, assistance, and technical expertise to the applicant in the preservation, display, and interpretation of cultural resources, without regard as to whether title to such resources is in the United States. Such assistance may include making available personnel to assist in the planning, design, and operation of buildings, facilities, and interpretive displays for the public and personnel to train individuals in the identification, recovery, preservation, demonstration, and management of cultural resources.

(Pub. L. 96–487, title XIII, § 1318, Dec. 2, 1980, 94 Stat. 2486.)

CITE AS: 16 USC 3206

§ 3207. Effect on existing rights; water resources
Nothing in this Act shall be construed as limiting or restricting the power and authority of the United States or—
(1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on lands within the State of Alaska;
(2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control, or
(3) as superseding, modifying, or repealing, except as specifically set forth in this Act, existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water resources or to exercise licensing or regulatory functions in relation thereto.
(Pub. L. 96–487, title XIII, § 1319, Dec. 2, 1980, 94 Stat. 2486.)

CITE AS: 16 USC 3207

§ 3208. Authorization of appropriations; contract authority
(a)1
1 So in original. No subsec. (b) has been enacted.
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act for fiscal years beginning after the fiscal year 1980. No authority to enter into contracts or to make payments or to expend previously appropriated funds under this Act shall be effective except to the extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 96–487, title XIII, § 1321, Dec. 2, 1980, 94 Stat. 2487.)

CITE AS: 16 USC 3208

§ 3209. Effect on prior withdrawals
(a) Rescission of prior reservations and withdrawals; management by Secretary and Secretary of Agriculture of lands outside boundaries established by this Act
(b) Effective date
(Pub. L. 96–487, title XIII, § 1322, Dec. 2, 1980, 94 Stat. 2487.)

CITE AS: 16 USC 3209

§ 3210. Access by owner to nonfederally owned land
(a) Reasonable use and enjoyment of land within boundaries of National Forest System
(b) Reasonable use and enjoyment of land surrounded by public lands managed by Secretary
(Pub. L. 96–487, title XIII, § 1323, Dec. 2, 1980, 94 Stat. 2488.)

CITE AS: 16 USC 3210

§ 3211. Yukon Flats National Wildlife Refuge agricultural use

Nothing in this Act or other existing law shall be construed as necessarily prohibiting or mandating the development of agricultural potential within the Yukon Flats National Wildlife Refuge pursuant to existing law. The permissibility of such development shall be determined by the Secretary on a case-by-case basis under existing law. Any such development permitted within the Yukon Flats National Wildlife Refuge shall be designed and conducted in such a manner as to minimize to the maximum extent possible any adverse effects of the natural values of the unit.

(Pub. L. 96–487, title XIII, § 1324, Dec. 2, 1980, 94 Stat. 2488.)

CITE AS: 16 USC 3211

§ 3212. Terror Lake Hydroelectric Project in Kodiak National Wildlife Refuge

Nothing in this Act or the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) shall be construed as necessarily prohibiting or mandating the construction of the Terror Lake Hydroelectric Project within the Kodiak National Wildlife Refuge. The permissibility of such development shall be determined by the Secretary on a case-by-case basis under existing law.

(Pub. L. 96–487, title XIII, § 1325, Dec. 2, 1980, 94 Stat. 2488.)

CITE AS: 16 USC 3212

§ 3213. Future executive branch actions
(a) No future executive branch action which withdraws more than five thousand acres, in the aggregate, of public lands within the State of Alaska shall be effective except by compliance with this subsection. To the extent authorized by existing law, the President or the Secretary may withdraw public lands in the State of Alaska exceeding five thousand acres in the aggregate, which withdrawal shall not become effective until notice is provided in the Federal Register and to both Houses of Congress. Such withdrawal shall terminate unless Congress passes a joint resolution of approval within one year after the notice of such withdrawal has been submitted to Congress.ress.
(b) No further studies of Federal lands in the State of Alaska for the single purpose of considering the establishment of a conservation system unit, national recreation area, national conservation area, or for related or similar purposes shall be conducted unless authorized by this Act or further Act of Congress.
(Pub. L. 96–487, title XIII, § 1326, Dec. 2, 1980, 94 Stat. 2488.)

CITE AS: 16 USC 3213

§ 3214. Alaska gas pipeline

Nothing in this Act shall be construed as imposing any additional requirements in connection with the construction and operation of the transportation system designated by the President and approved by the Congress pursuant to the Alaska Natural Gas Transportation Act of 1976 (Public Law 94–586; 90 Stat. 2903) [15 U.S.C. 719 et seq.], or as imposing any limitations upon the authority of the Secretary concerning such system.

(Pub. L. 96–487, title XIII, § 1327, Dec. 2, 1980, 94 Stat. 2489.)

CITE AS: 16 USC 3214

§ 3215. Public land entries in Alaska
(a) Application approval; adjudication; protests; voluntary relinquishment of application
(1) Subject to valid existing rights, all applications made pursuant to the Acts of June 1, 1938 (52 Stat. 609),1
1 See References in Text note below.
May 3, 1927 (44 Stat. 1364),1 May 14, 1898 (30 Stat. 413),1 and March 3, 1891 (26 Stat. 1097), which were filed with the Department of the Interior within the time provided by applicable law, and which describe land in Alaska that was available for entry under the aforementioned statutes when such entry occurred, are hereby approved on the one hundred and eightieth day following the effective date of this Act, except where provided otherwise by paragraph (3) or (4) of this subsection, or where the land description of the entry must be adjusted pursuant to subsection (b) of this section, in which cases approval pursuant to the terms of this subsection shall be effective at the time the adjustment becomes final.
(2) Where an application describes land within the boundaries of a unit of the National Park System or a unit of the National Wildlife Refuge System, or a unit of the National Wilderness Preservation System in the Tongass or Chugach National Forests established before the effective date of this Act or by this Act, and the described land was not withdrawn pursuant to section 11(a)(1) of the Alaska Native Claims Settlement Act [43 U.S.C. 1610(a)(1)], or where an application describes land which has been patented or deeded to the State of Alaska or which on or before the date of entry was validly selected by, tentatively approved, patented, deeded or confirmed to the State of Alaska pursuant to applicable law and was not withdrawn pursuant to section 11(a)(1)(A) of the Alaska Native Claims Settlement Act [43 U.S.C. 1610(a)(1)(A)] from those lands made available for selection by section 11(a)(2) of the Act [43 U.S.C. 1610(a)(2)] by any Native Village certified as eligible pursuant to section 11(b) of such Act [43 U.S.C. 1610(b)], paragraph (1) of this subsection and subsection (c) of this section shall not apply and the application shall be adjudicated pursuant to the requirements of the Acts referred to in paragraph (1) of this subsection, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and other applicable law.
(3) Paragraph (1) of this subsection and subsection (c) shall not apply and the application shall be adjudicated pursuant to the requirements of the Acts referred to in paragraph (1) of this subsection, if on or before the one hundred and eightieth day following the effective date of the 2
2 So in original. Probably should be “this”.
Act—
(A) a Native Corporation files a protest with the Secretary of the Interior (the Secretary) stating that the applicant is not entitled to the land described in the application, and said land is withdrawn for selection by the corporation pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]; or
(B) the State of Alaska files a protest with the Secretary stating that the land described in the application is necessary for access to lands owned by the United States, the State of Alaska, or a political subdivision of the State of Alaska, to resources located thereon, or to a public body of water regularly employed for transportation purposes, and the protest states with specificity the facts upon which the conclusions concerning access are based and that no reasonable alternatives for access exist; or
(C) a person or entity files a protest with the Secretary stating that the applicant is not entitled to the land described in the application and that said land is the situs of improvements claimed by the person or entity; or
(D) the State of Alaska files a protest with the Secretary respecting an entry which was made prior to a valid selection tentative approval, patent, deed, or confirmation to the State of Alaska pursuant to applicable law; or
(E) regarding public land entries within units of the National Wildlife Refuge System established or expanded in this Act, any such entry not properly made under applicable law, or not the subject of an application filed within the time required by applicable law, or not properly maintained thereafter under applicable law shall be adjudicated pursuant to the Act under which the entry was made.
(4) Paragraph (1) of this subsection and subsection (c) shall not apply to any application which was knowingly and voluntarily relinquished by the applicant.
(b) Amendment of land description in application
(c) Powersites and power-projects
(d) Validity of existing rights; rights acquired by actual use and national forest lands unaffected
(Pub. L. 96–487, title XIII, § 1328, Dec. 2, 1980, 94 Stat. 2489.)

CITE AS: 16 USC 3215