To make technical changes to the Alaska
National Interest Lands Conservation Act, and
for other purposes. (Introduced in the Senate)

S 1683 IS

106th CONGRESS

1st Session

S. 1683

To make technical changes to the Alaska National Interest Lands Conservation Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 4, 1999

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

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A BILL

To make technical changes to the Alaska National Interest Lands Conservation Act, 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. SHORT TITLE.

This Act may be referred to as the `Rural Alaska Access Rights Act of 1999'.

SEC. 2. AMENDMENT OF ACT.

The Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371) is amended as follows:

(a) Section 101 is amended by adding a new subsection (e) as follows:

(e) All Federal public land managers in Alaska, or a region that includes Alaska, shall participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, as outlined in this legislation, to be completed within 120 days after enactment. All future appointed Federal public land managers in Alaska, or a region containing Alaska, shall complete ANILCA training within 60 days of assuming their position.

(b) Section 103(c) is amended by inserting `validly selected or' in the second sentence before the word `conveyed'.

(c) In section 1102, add a new subsection (5) at the end as follows:

`(5) The term `compatible with the uses for which the unit was established' means activities which would not cause significant adverse impacts on conservation system units purposes.'.

(d) Section 1105 is amended by designating the existing language as subsection (a) and inserting a new subsection (b) as follows:

`(b) any alternative route that may be identified by the head of the Federal agency shall not be less economically feasible and prudent than the route being sought by the applicant.'.

(e) Section 1109 is amended by deleting `access.' and inserting in lieu thereof: `access, including rights-of-way established under Revised Statute 2477.'.

(f) The second sentence of section 1110(a) is amended by adding `specifically and tangibly' before the word `detrimental'.

(g) The second sentence in section 1110(a) is amended by striking `area' and inserting in lieu thereof: `area: except that (1) reasonable regulations shall not include any requirements for the demonstration of pre-existing use and (2) the Secretary shall limit any prohibitions to the smallest area practicable and to the shortest period of time. No prohibition may be imposed prior to formal consultation with and consideration of the views of the State of Alaska.'.

(h) The last sentence of section 1110(b) is amended by inserting `may include easements, right-of-way, or other interests in land or permits and' after `such rights'.

(i) In the last sentence of section 1110(b), strike `lands.' and insert in lieu thereof: `lands, except that the Secretary may not impose any unreasonable fees or charges on those seeking to exercise their rights under this subsection. Individuals or entities possessing rights under this subsection shall not be subject to the requirement of sections 1104, 1105, 1106, and 1107 of this Act.'.

(j) Section 1301(d) is amended by striking `permit' in the final sentence and inserting in lieu thereof `shall enable'.

(k) Section 1303(a)(1)(D) is amended by striking `located.' and inserting in lieu thereof: `located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.'.

(l) Section 1303(a)(2)(D) is amended by striking `located.' and inserting in lieu thereof: `located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.'.

(m) Section 1303(b)(3)(D) is amended by striking `located.' and inserting in lieu thereof: `located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.'.

(n) Section 1303 is amended by adding a new subsection (e) as follows:

`(e)(1) All permits, permit renewals, or renewal or continuation of valid leases issued pursuant to this section shall provide for repair, maintenance, and replacement activities and may authorize alterations to cabins and similar structure that do not constitute a significant impairment of unit purposes. Reasonable access, including access by aircraft, shall be afforded to permittees and lessees for these purposes.

`(2) Fees for all permits and leases issued pursuant to this section shall be reasonable and consistent with purpose of maintaining and facilitating authorized use. Reasonable fees are those that enable the issuing agency to recover and may not exceed permit or lease processing costs.

`(3) For purposes of this section, a claimant shall include persons who have regularly used a cabin related to the provision of authorized fishing or hunting services.'.

(o) Section 1307 (a) is amended by adding a new sentence at the end as follows: `Inability to provide the service for up to a five year period shall not constitute a relinquishment of a right under this section.'.

(p) Section 1313 is amended by adding at the end of the first sentence: `A purpose of all preserve units is to provide for fish and wildlife dependent recreation including fishing and hunting.'.

(q) Section 1314 (c) is amended by striking `law.' at the end of the first sentence and inserting the following: `law except that the taking of fish and wildlife for sport as well as subsistence purposes shall be permitted on each unit of the Refuge system in Alaska. The Secretary may designate zones where and periods when no hunting, fishing, and trapping 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.'.

(r) Section 1315 is amended by adding a new subsection `(g)' as follows:

`(g) Notwithstanding any other provision of law, within National Forest Wilderness Areas and National Forest Monument areas as designated in this Act, the Secretary of Agriculture shall permit or otherwise regulate helicopter use and landings.'.

(s) Section 1316 (a) is amended in the first sentence by deleting `equipment' and inserting in lieu thereof: `equipment, including motorized and mechanical equipment,'.

(t) Section 1316 (a) is amended in the second sentence by striking `consistent with the protection' and inserting in lieu thereof: `not inconsistent with the conservation'.

(u) Section 1316 (a) is amended by striking `permittee.' in the last sentence and inserting in lieu thereof: `permittee except that structures and facilities may be allowed to stand from season to season.'.

(v) Section 1316 (b) is amended by inserting `significantly' before the word `detrimental'.

(w) Section 1317 (c) is amended by deleting `section.' and inserting in lieu thereof: `section except that the Secretary shall not establish management directives, guidelines, policies or prescriptions for the purpose of administering any study area to preserve Wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.'.

(x) Section 1319 is amended by designating the existing text as subsection `(a)' and adding the following subsection (b):

`(b) Nothing in this Act shall be construed as limiting or restricting the power and authority of the State of Alaska except as expressly provided herein.'.

(y) The first sentence of Section 1326 (a) is amended by striking `withdraws' in the first sentence and inserting in lieu thereof: `withdraws, redesignates or reclassifies into a different or additional land management category'.

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