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(continued)
purposes, among others: To maintain the environmental integrity
of the Noatak River and adjacent uplands within the preserve in
such a manner as to assure the continuation of geological and
biological processes unimpaired by adverse human activity; to
protect habitat for, and populations of, fish and wildlife,
including but not limited to caribou, grizzly bears, Dall sheep,
moose, wolves, and for waterfowl, raptors, and other species of
birds; to protect archeological resources; and in a manner
consistent with the foregoing, to provide opportunities for
scientific research. The Secretary may establish a board
consisting of scientists and other experts in the field of arctic
research in order to assist him in the encouragement and
administration of research efforts within the preserve.
(b) All lands located east of centerline of the main channel of
the Noatak River which are -
(1) within
(A) any area withdrawn under the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.] for selection by the
village of Noatak, and
(B) any village deficiency withdrawal under section
11(a)(3)(A) of such Act [43 U.S.C. 1610(a)(3)(A)] which is
adjacent to the area described in subparagraph (i) of this
paragraph,

(2) adjacent to public lands within a unit of the National
Park System as designated under this Act, and
(3) not conveyed to such Village or other Native Corporation
before the final conveyance date, shall, on such final
conveyance date, be added to and included within, the adjacent
unit of the National Park System (notwithstanding the
applicable acreage specified in this paragraph) and managed in
the manner provided in the foregoing provisions of this
paragraph. For purposes of the preceding sentence the term
"final conveyance date" means the date of the conveyance of
lands under the Alaska Native Claims Settlement Act [43 U.S.C.
1601 et seq.], or by operation of this Act, to the Village of
Noatak, or to any other Native Corporation which completes the
entitlement of such Village or other Corporation to conveyance
of lands from the withdrawals referred to in subparagraph (1).

(9) Wrangell-Saint Elias National Park, containing
approximately eight million one hundred and forty-seven thousand
acres of public lands, and Wrangell-Saint Elias National
Preserve, containing approximately four million one hundred and
seventy-one thousand acres of public lands, as generally depicted
on map numbered WRST-90,007, and dated August 1980. The park and
preserve shall be managed for the following purposes, among
others: To maintain unimpaired the scenic beauty and quality of
high mountain peaks, foothills, glacial systems, lakes, and
streams, valleys, and coastal landscapes in their natural state;
to protect habitat for, and populations of, fish and wildlife
including but not limited to caribou, brown/grizzly bears, Dall
sheep, moose, wolves, trumpeter swans and other waterfowl, and
marine mammals; and to provide continued opportunities, including
reasonable access for mountain climbing, mountaineering, and
other wilderness recreational activities. Subsistence uses by
local residents shall be permitted in the park, where such uses
are traditional, in accordance with the provisions of subchapter
II of chapter 51 of this title.
(10) Yukon-Charley Rivers National Preserve, containing
approximately one million seven hundred and thirteen thousand
acres of public lands, as generally depicted on map numbered
YUCH-90,008, and dated October 1978. The preserve shall be
managed for the following purposes, among others: To maintain the
environmental integrity of the entire Charley River basin,
including streams, lakes and other natural features, in its
undeveloped natural condition for public benefit and scientific
study; to protect habitat for, and populations of, fish and
wildlife, including but not limited to the peregrine falcons and
other raptorial birds, caribou, moose, Dall sheep, grizzly bears,
and wolves; and in a manner consistent with the foregoing, to
protect and interpret historical sites and events associated with
the gold rush on the Yukon River and the geological and
paleontological history and cultural prehistory of the area.
Except at such times when and locations where to do so would be
inconsistent with the purposes of the preserve, the Secretary
shall permit aircraft to continue to land at sites in the Upper
Charley River watershed.

-SOURCE-
(Pub. L. 96-487, title II, Sec. 201, Dec. 2, 1980, 94 Stat. 2377;
Pub. L. 104-333, div. I, title III, Sec. 302(c)(2), Nov. 12, 1996,
110 Stat. 4119.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1) and par.
(8)(b)(2), (3), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
amended, known as the Alaska National Interest Lands Conservation
Act. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and Tables.
That Act, referred to in par. (4)(d), meaning the National
Environmental Policy Act of 1969, is Pub. L. 91-190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter
55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see Short
Title note set out under section 4321 of Title 42 and Tables.
The Alaska Native Claims Settlement Act, referred to in par.
(8)(b)(1)(A), (3), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688,
as amended, which is classified generally to chapter 33 (Sec. 1601
et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1601 of Title 43 and Tables.


-MISC1-
AMENDMENTS
1996 - Par. (8)(a). Pub. L. 104-333 substituted "approximately
6,477,168 acres" for "approximately six million four hundred and
sixty thousand acres" and inserted "and the map entitled 'Noatak
National Preserve and Noatak Wilderness Addition' dated September
1994" after "July 1980".

ANAKTUVUK PASS LAND EXCHANGE
Section 302 of title III of div. I of Pub. L. 104-333 provided
that:
"(a) Findings. - The Congress makes the following findings:
"(1) The Alaska National Interest Lands Conservation Act (94
Stat. 2371 [Pub. L. 96-487, see Short Title note set out under
section 3101 of this title]), enacted on December 2, 1980,
established Gates of the Arctic National Park and Preserve and
Gates of the Arctic Wilderness. The Village of Anaktuvuk Pass,
located in the highlands of the central Brooks Range is virtually
surrounded by these national park and wilderness lands and is the
only Native village located within the boundary of a National
Park System unit in Alaska.
"(2) Unlike most other Alaskan Native communities, the village
[sic] of Anaktuvuk Pass is not located on a major river, lake, or
coastline that can be used as a means of access. The residents of
Anaktuvuk pass [sic] have relied increasingly on snow machines in
winter and all-terrain vehicles in summer as their primary means
of access to pursue caribou and other subsistence resources.
"(3) In a 1983 land exchange agreement, linear easements were
reserved by the Inupiat Eskimo people for use of all-terrain
vehicles across certain national park lands, mostly along stream
and river banks. These linear easements proved unsatisfactory,
because they provided inadequate access to subsistence resources
while causing excessive environmental impact from concentrated
use.
"(4) The National Park Service and the Nunamiut Corporation
initiated discussions in 1985 to address concerns over the use of
all-terrain vehicles on park and wilderness land. These
discussions resulted in an agreement, originally executed in 1992
and thereafter amended in 1993 and 1994, among the National Park
Service, Nunamiut Corporation, the City of Anaktuvuk Pass, and
Arctic Slope Regional Corporation. Full effectuation of this
agreement, as amended, by its terms requires ratification by the
Congress.
"(b) Ratification of agreement. -
"(1) Ratification. -
"(A) In general. - The terms, conditions, procedures,
covenants, reservations, and other provisions set forth in the
document entitled 'Donation, Exchange of Lands and Interests in
Lands and Wilderness Redesignation Agreement Among Arctic Slope
Regional Corporation, Nunamiut Corporation, City of Anaktuvuk
Pass and the United States of America' (hereinafter referred to
in this section as 'the Agreement'), executed by the parties on
December 17, 1992, as amended, are hereby incorporated in this
title [see Tables for classification], are ratified and
confirmed, and set forth the obligations and commitments of the
United States, Arctic Slope Regional Corporation, Nunamiut
Corporation and the City of Anaktuvuk Pass, as a matter of
Federal law.
"(B) Land acquisition. - Lands acquired by the United States
pursuant to the Agreement shall be administered by the
Secretary of the Interior (hereinafter referred to as the
'Secretary') as part of Gates of the Arctic National Park and
Preserve, subject to the laws and regulations applicable
thereto.
"(2) Maps. - The maps set forth as Exhibits C1, C2, and D
through I to the Agreement depict the lands subject to the
conveyances, retention of surface access rights, access easements
and all-terrain vehicle easements. These lands are depicted in
greater detail on a map entitled 'Land Exchange Actions, Proposed
Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates
of the Arctic National Park and Preserve', Map No. 185/80,039,
dated April 1994, and on file at the Alaska Regional Office of
the National Park Service and the offices of Gates of the Arctic
National Park and Preserve in Fairbanks, Alaska. Written legal
descriptions of these lands shall be prepared and made available
in the above offices. In case of any discrepancies, Map No.
185/80,039 shall be controlling.
"(c) National Park System Wilderness. -
"(1) Gates of the artic wilderness. - [Amended provisions
listed in a Table of Wilderness Areas set out under section 1132
of this title.]
"(2) Noatak national preserve. - [Amended this section.]
"(3) Noatak wilderness. - [Amended provisions listed in a Table
of Wilderness Areas set out under section 1132 of this title.]
"(d) Conformance With Other Law. -
"(1) Alaska native claims settlement act. - All of the lands,
or interests therein, conveyed to and received by Arctic Slope
Regional Corporation or Nunamiut Corporation pursuant to the
Agreement shall be deemed conveyed and received pursuant to
exchanges under section 22(f) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1601, 1621(f)). All of the
lands or interests in lands conveyed pursuant to the Agreement
shall be conveyed subject to valid existing rights.
"(2) Alaska national interest lands conservation act. - Except
to the extent specifically set forth in this section or the
Agreement, nothing in this section or in the Agreement shall be
construed to enlarge or diminish the rights, privileges, or
obligations of any person, including specifically the preference
for subsistence uses and access to subsistence resources provided
under the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.)."

-End-



-CITE-
16 USC Sec. 410hh-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09F - ALASKAN NATIONAL PARKS

-HEAD-
Sec. 410hh-1. Additions to existing areas

-STATUTE-
The following units of the National Park System are hereby
expanded:
(1) Glacier Bay National Monument, by the addition of an area
containing approximately five hundred and twenty-three thousand
acres of Federal Land. Approximately fifty-seven thousand acres
of additional public land is hereby established as Glacier Bay
National Preserve, both as generally depicted on map numbered
GLBA-90,004, and dated October 1978; furthermore, the monument is
hereby redesignated as "Glacier Bay National Park". The monument
addition and preserve shall be managed for the following
purposes, among others: To protect a segment of the Alsek River,
fish and wildlife habitats and migration routes, and a portion of
the Fairweather Range including the northwest slope of Mount
Fairweather. Lands, waters, and interests therein within the
boundary of the park and preserve which were within the boundary
of any national forest are hereby excluded from such national
forest and the boundary of such national forest is hereby revised
accordingly.
(2) Katmai National Monument, by the addition of an area
containing approximately one million and thirty-seven thousand
acres of public land. Approximately three hundred and eight
thousand acres of additional public land is hereby established as
Katmai National Preserve, both as generally depicted on map
numbered 90,007, and dated July 1980; furthermore, the monument
is hereby redesignated as "Katmai National Park". The monument
addition and preserve shall be managed for the following
purposes, among others: To protect habitats for, and populations
of, fish and wildlife including, but not limited to, high
concentrations of brown/grizzly bears and their denning areas; to
maintain unimpaired the water habitat for significant salmon
populations; and to protect scenic, geological, cultural and
recreational features.
(3)(a) Mount McKinley National Park, by the addition of an area
containing approximately two million four hundred and twenty-six
thousand acres of public land, and approximately one million
three hundred and thirty thousand acres of additional public land
is hereby established as Denali National Preserve, both as
generally depicted on map numbered DENA-90,007, and dated July
1980 and the whole is hereby redesignated as Denali National Park
and Preserve. The park additions and preserve shall be managed
for the following purposes, among others: To protect and
interpret the entire mountain massif, and additional scenic
mountain peaks and formations; and to protect habitat for, and
populations of fish and wildlife including, but not limited to,
brown/grizzly bears, moose, caribou, Dall sheep, wolves, swans
and other waterfowl; and to provide continued opportunities,
including reasonable access, for mountain climbing,
mountaineering and other wilderness recreational activities.
Subsistence uses by local residents shall be permitted in the
additions to the park where such uses are traditional in
accordance with the provisions in subchapter II of chapter 51 of
this title.
(b) The Alaska Land Use Council shall, in cooperation with the
Secretary, conduct a study of the Kantishna Hills and Dunkle Mine
areas of the park as generally depicted on a map entitled
"Kantishna Hills/Dunkle Mine Study Area" dated October 1979, and
report thereon to the Congress not later than three years from
December 2, 1980. The study and report shall evaluate the
resources of the area, including but not limited to, fish and
wildlife, public recreation opportunities, wilderness potential,
historic resources, and minerals, and shall include those
recommendations respecting resources and other relevant matters
which the Council determines are necessary. In conjunction with
the study required by this section, the Council, in consultation
with the Secretary, shall compile information relating to the
mineral potential of the areas encompassed within the study, the
estimated cost of acquiring mining properties, and the
environmental consequences of further mineral development.
(c) During the period of the study, no acquisition of privately
owned land shall be permitted within the study area, except with
the consent of the owner, and the holders of valid mining claims
shall be permitted to operate on their claims, subject to
reasonable regulations designed to minimize damage to the
environment: Provided, however, That such lands or claims shall
be subject to acquisition without the consent of the owner or
holder if the Secretary determines, after notice and opportunity
for hearing, if such notice and hearing are not otherwise
required by applicable law or regulation, that activities on such
land or claims will significantly impair important scenic,
wildlife, or recreational values of the public lands which are
the subject of the study.

-SOURCE-
(Pub. L. 96-487, title II, Sec. 202, Dec. 2, 1980, 94 Stat. 2382;
Pub. L. 97-468, title VI, Sec. 615(b)(5), Jan. 14, 1983, 96 Stat.
2578.)


-MISC1-
AMENDMENTS
1983 - Subsec. (3)(a). Pub. L. 97-468 struck out provision that
the portion of the Alaska Railroad right-of-way within the park be
subject to such laws and regulations applicable to the protection
of fish and wildlife and other park values as the Secretary, with
the concurrence of the Secretary of Transportation, might
determine.

EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97-468 became effective on date of transfer
of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section
1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97-468.

GLACIER BAY NATIONAL PARK BOUNDARY ADJUSTMENT
Pub. L. 105-317, Oct. 30, 1998, 112 Stat. 3002, provided for
exchange of land between United States and Alaska no later than six
months after issuance of license to Gustavus Electric Company by
the Federal Energy Regulatory Commission (FERC) for construction
and operation of hydroelectric project; provided for approximately
same amount of designated wilderness after transfer as before it;
provided environmental, economic, and other conditions on the
transfer; provided for role of FERC and Secretary of the Interior
in land exchange and hydroelectric project; and provided for
authorities and jurisdictions provided in Pub. L. 105-317 to
continue in effect until modified or repealed by Congress.

KATMAI NATIONAL PARK LAND EXCHANGE
Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 135], Oct.
21, 1998, 112 Stat. 2681-231, 2681-264, provided that:
"(a) Ratification of Agreement. -
"(1) Ratification. -
"(A) In general. - The terms, conditions, procedures,
covenants, reservations, and other provisions set forth in the
document entitled 'Agreement for the Sale, Purchase and
Conveyance of Lands between the Heirs, Designees and/or Assigns
of Palakia Melgenak and the United States of America'
(hereinafter referred to in this section as the 'Agreement'),
executed by its signatories, including the heirs, designees
and/or assigns of Palakia Melgenak (hereinafter referred to in
this section as the 'Heirs') effective on September 1, 1998 are
authorized, ratified and confirmed, and set forth the
obligations and commitments of the United States and all other
signatories, as a matter of Federal law.
"(B) Native allotment. - Notwithstanding any provision of law
to the contrary, all lands described in section 2(c) of the
Agreement for conveyance to the Heirs shall be deemed a
replacement transaction under 'An Act to relieve restricted
Indians in the Five Civilized Tribes whose nontaxable lands are
required for State, county or municipal improvements or sold to
other persons or for other purposes' (25 U.S.C. 409a, 46 Stat.
1471), as amended, and the Secretary shall convey such lands by
a patent consistent with the terms of the Agreement and subject
to the same restraints on alienation and tax-exempt status as
provided for Native allotments pursuant to 'An Act authorizing
the Secretary of the Interior to allot homesteads to the
natives of Alaska' (34 Stat. 197) [former 43 U.S.C. 270-1 to
270-3], as amended, repealed by section 18(a) [of] the Alaska
Native Claims Settlement Act (85 Stat. 710) [43 U.S.C.
1617(a)], with a savings clause for applications pending on
December 18, 1971.
"(C) Land acquisition. - Lands and interests in land acquired
by the United States pursuant to the Agreement shall be
administered by the Secretary of the Interior (hereinafter
referred to as the 'Secretary') as part of the Katmai National
Park, subject to the laws and regulations applicable thereto.
"(2) Maps and deeds. - The maps and deeds set forth in the
Agreement generally depict the lands subject to the conveyances,
the retention of consultation rights, the conservation easement,
the access rights, Alaska Native Allotment Act [34 Stat. 197]
status, and the use and transfer restrictions.
"(b) Katmai National Park and Preserve Wilderness. - Upon the
date of closing of the conveyance of the approximately 10 acres of
Katmai National Park Wilderness lands to be conveyed to the Heirs
under the Agreement, the following lands shall hereby be designated
part of the Katmai Wilderness as designated by section 701(4) of
the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132
note; 94 Stat. 2417):
"A strip of land approximately one half mile long and 165 feet
wide lying within Section 1, Township 24 South, Range 33 West,
Seward Meridian, Alaska, the center line of which is the center
of the unnamed stream from its mouth at Geographic Harbor to the
north line of said Section 1. Said unnamed stream flows from the
unnamed lake located in Sections 25 and 26, Township 23 South,
Range 33 West, Seward Meridian. This strip of land contains
approximately 10 acres.
"(c) Availability of Appropriation. - None of the funds
appropriated in this Act or any other Act hereafter enacted for the
implementation of the Agreement may be expended until the Secretary
determines that the Heirs have signed a valid and full
relinquishment and release of any and all claims described in
section 2(d) of the Agreement.
"(d) General Provisions. -
"(1) All of the lands designated as Wilderness pursuant to this
section shall be subject to any valid existing rights.
"(2) Subject to the provisions of the Alaska National Interest
Lands Conservation Act [see Short Title note set out under
section 3101 of this title], the Secretary shall ensure that the
lands in the Geographic Harbor area not directly affected by the
Agreement remain accessible for the public, including its mooring
and mechanized transportation needs.
"(3) The Agreement shall be placed on file and available for
public inspection at the Alaska Regional Office of the National
Park Service, at the office of the Katmai National Park and
Preserve in King Salmon, Alaska, and at least one public facility
managed by the Federal, State or local government located in each
of Homer, Alaska, and Kodiak, Alaska and such other public
facilities which the Secretary determines are suitable and
accessible for such public inspections. In addition, as soon as
practicable after enactment of this provision [Oct. 21, 1998],
the Secretary shall make available for public inspection in those
same offices, copies of all maps and legal descriptions of lands
prepared in implementing either the Agreement or this section.
Such legal descriptions shall be published in the Federal
Register and filed with the Speaker of the House of
Representatives and the President of the Senate."

-End-



-CITE-
16 USC Sec. 410hh-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09F - ALASKAN NATIONAL PARKS

-HEAD-
Sec. 410hh-2. Administration; hunting and subsistence uses;
admission fees

-STATUTE-
Subject to valid existing rights, the Secretary shall administer
the lands, waters, and interests therein added to existing areas or
established by the foregoing sections of this subchapter as new
areas of the National Park System, pursuant to the provisions of
sections 1, 2, 3, and 4 of this title, as amended and supplemented,
and, as appropriate, under section 3201 of this title and the other
applicable provisions of this Act: Provided, however, That hunting
shall be permitted in areas designated as national preserves under
the provisions of this Act. Subsistence uses by local residents
shall be allowed in national preserves and, where specifically
permitted by this Act, in national monuments and parks. Lands,
waters, and interests therein withdrawn or reserved for the former
Katmai and Glacier Bay National Monuments are hereby incorporated
within and made a part of Katmai National Park or Glacier Bay
National Park, as appropriate. Any funds available for the purposes
of such monuments are hereby made available for the purposes of
Katmai National Park and Preserve or Glacier Bay National Park and
Preserve, as appropriate. Notwithstanding any other provision of
law, no fees shall be charged for entrance or admission to any unit
of the National Park System located in Alaska.

-SOURCE-
(Pub. L. 96-487, title II, Sec. 203, Dec. 2, 1980, 94 Stat. 2383.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.


-MISC1-
ENVIRONMENTAL IMPACT STATEMENT ON EFFECTS OF 1996 INCREASES IN
VESSEL ENTRIES FOR GLACIER BAY NATIONAL PARK AND PRESERVE
Pub. L. 107-63, title I, Sec. 130, Nov. 5, 2001, 115 Stat. 442,
provided that: "From within funds available to the National Park
Service, such sums as may be necessary shall be used for expenses
necessary to complete and issue, no later than January 1, 2004, an
Environmental Impact Statement (EIS) to identify and analyze the
possible effects of the 1996 increases in the number of vessel
entries issued for Glacier Bay National Park and Preserve:
Provided, That such EIS, upon its completion, shall be used by the
Secretary to set the maximum level of vessel entries: Provided
further, That until the Secretary sets the level of vessel entries
based on the new EIS, the number of vessel entries into the Park
shall be the same as that in effect during the 2000 calendar year
and the National Park Service approval of modified Alternative 5
and promulgation of the final rule issued on May 30, 1996, relating
to vessel entries, including the number of such entries, for
Glacier Bay National Park and Preserve are hereby approved and
shall be in effect notwithstanding any other provision of law until
the Secretary sets the maximum level of vessel entries consistent
with this section: Provided further, That nothing in this section
shall preclude the Secretary from suspending or revoking any vessel
entry if the Secretary determines that it is necessary to protect
Park resources."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460l-6a of this title.

-End-



-CITE-
16 USC Sec. 410hh-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09F - ALASKAN NATIONAL PARKS

-HEAD-
Sec. 410hh-3. Native selections

-STATUTE-
Valid Native Corporation selections, or lands identified for
selection by Regional Corporations pursuant to section 17(d)(2)(E)
of the Alaska Native Claims Settlement Act [43 U.S.C.
1616(d)(2)(E)], within the boundaries of the Wrangell-Saint Elias
National Park and Preserve as established under this Act, are
hereby recognized and shall be honored and conveyed by the
Secretary in accordance with the Alaska Native Claims Settlement
Act [43 U.S.C. 1601 et seq.] and this Act.

-SOURCE-
(Pub. L. 96-487, title II, Sec. 204, Dec. 2, 1980, 94 Stat. 2384.)

-REFTEXT-
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in text, is
Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of Title 43 and
Tables.
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.

-End-



-CITE-
16 USC Sec. 410hh-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09F - ALASKAN NATIONAL PARKS

-HEAD-
Sec. 410hh-4. Commercial fishing

-STATUTE-
With respect to the Cape Krusenstern National Monument, the
Malaspina Glacier Forelands area of Wrangell-Saint Elias National
Preserve and the Dry Bay area of Glacier Bay National Preserve, the
Secretary may take no action to restrict unreasonably the exercise
of valid commercial fishing rights or privileges obtained pursuant
to existing law, including the use of public lands for campsites,
cabins, motorized vehicles, and aircraft landings on existing
airstrips, directly incident to the exercise of such rights or
privileges except that this prohibition shall not apply to
activities which the Secretary, after conducting a public hearing
in the affected locality, finds constitute a significant expansion
of the use of park lands beyond the level of such use during 1979.

-SOURCE-
(Pub. L. 96-487, title II, Sec. 205, Dec. 2, 1980, 94 Stat. 2384.)


-MISC1-
GLACIER BAY NATIONAL PARK RESOURCE MANAGEMENT
Pub. L. 106-455, Nov. 7, 2000, 114 Stat. 1953, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Glacier Bay National Park Resource
Management Act of 2000'.

"SEC. 2. DEFINITIONS.
"As used in this Act -
"(1) the term 'local residents' means those persons living
within the vicinity of Glacier Bay National Park and Preserve,
including but not limited to the residents of Hoonah, Alaska, who
are descendants of those who had an historic and cultural
tradition of sea gull egg gathering within the boundary of what
is now Glacier Bay National Park and Preserve;
"(2) the term 'outer waters' means all of the marine waters
within the park outside of Glacier Bay proper;
"(3) the term 'park' means Glacier Bay National Park;
"(4) the term 'Secretary' means the Secretary of the Interior;
and
"(5) the term 'State' means the State of Alaska.

"SEC. 3. COMMERCIAL FISHING.
"(a) In General. - The Secretary shall allow for commercial
fishing in the outer waters of the park in accordance with the
management plan referred to in subsection (b) in a manner that
provides for the protection of park resources and values.
"(b) Management Plan. - The Secretary and the State shall
cooperate in the development of a management plan for the
regulation of commercial fisheries in the outer waters of the park
in accordance with existing Federal and State laws and any
applicable international conservation and management treaties.
"(c) Savings. - (1) Nothing in this Act shall alter or affect the
provisions of section 123 of the Department of the Interior and
Related Agencies Appropriations Act for Fiscal Year 1999 (Public
Law 105-277)[set out as a note below], as amended by section 501 of
the 1999 Emergency Supplemental Appropriations Act (Public Law
106-31).
"(2) Nothing in this Act shall enlarge or diminish Federal or
State title, jurisdiction, or authority with respect to the waters
of the State of Alaska, the waters within Glacier Bay National Park
and Preserve, or tidal or submerged lands.
"(d) Study. - (1) Not later than one year after the date funds
are made available, the Secretary, in consultation with the State,
the National Marine Fisheries Service, the International Pacific
Halibut Commission, and other affected agencies shall develop a
plan for a comprehensive multi-agency research and monitoring
program to evaluate the health of fisheries resources in the park's
marine waters, to determine the effect, if any, of commercial
fishing on -
"(A) the productivity, diversity, and sustainability of fishery
resources in such waters; and
"(B) park resources and values.
"(2) The Secretary shall promptly notify the Committee on Energy
and Natural Resources of the United States Senate and the Committee
on Resources of the United States House of Representatives upon the
completion of the plan.
"(3) The Secretary shall complete the program set forth in the
plan not later than seven years after the date the congressional
committees are notified pursuant to paragraph (2), and shall
transmit the results of the program to such committees on a
biennial basis.

"SEC. 4. SEA GULL EGG COLLECTION STUDY.
"(a) Study. - The Secretary, in consultation with local
residents, shall undertake a study of sea gulls living within the
park to assess whether sea gull eggs can be collected on a limited
basis without impairing the biological sustainability of the sea
gull population in the park. The study shall be completed no later
than two years after the date funds are made available.
"(b) Recommendations. - If the study referred to in subsection
(a) determines that the limited collection of sea gull eggs can
occur without impairing the biological sustainability of the sea
gull population in the park, the Secretary shall submit
recommendations for legislation to the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Resources of the United States House of Representatives.

"SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated such sums as are
necessary to carry out this Act."

COMMERCIAL FISHING IN GLACIER BAY NATIONAL PARK
Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 123], Oct.
21, 1998, 112 Stat. 2681-231, 2681-259, as amended by Pub. L.
106-31, title I, Sec. 501(a)-(c), May 21, 1999, 113 Stat. 72, 73,
provided that:
"(a) General. -
"(1) The Secretary of the Interior and the State of Alaska
shall cooperate in the development of a management plan for the
regulation of commercial fisheries in Glacier Bay National Park
pursuant to existing State and Federal statutes and any
applicable international conservation and management treaties.
Such management plan shall provide for commercial fishing in the
marine waters within Glacier Bay National Park outside of Glacier
Bay Proper, and in the marine waters within Glacier Bay Proper as
specified in paragraphs (a)(2) through (a)(5), and shall provide
for the protection of park values and purposes, for the
prohibition of any new or expanded fisheries, and for the
opportunity for the study of marine resources.
"(2) In the nonwilderness waters within Glacier Bay Proper,
commercial fishing shall be limited, by means of non-transferable
lifetime access permits, solely to individuals who -
"(A) hold a valid commercial fishing permit for a fishery in
a geographic area that includes the nonwilderness waters within
Glacier Bay Proper;
"(B) provide a sworn and notarized affidavit and other
available corroborating documentation to the Secretary of the
Interior sufficient to establish that such individual engaged
in commercial fishing for halibut, tanner crab, or salmon in
Glacier Bay Proper during qualifying years which shall be
established by the Secretary of the Interior within one year of
the date of the enactment of this Act [Oct. 21, 1998]; and
"(C) fish only with -
"(i) longline gear for halibut;
"(ii) pots or ring nets for tanner crab; or
"(iii) trolling gear for salmon.
"(3) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the West Arm of Glacier Bay Proper
(West Arm) north of 58 degrees, 50 minutes north latitude, except
for trolling for king salmon during the period from October 1
through April 30. The waters of Johns Hopkins Inlet, Tarr Inlet
and Reid Inlet shall remain closed to all commercial fishing.
"(4) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the East Arm of Glacier Bay Proper
(East Arm) north of a line drawn from Point Caroline, through the
southern end of Garforth Island to the east side of Muir Inlet,
except that trolling for king salmon during the period from
October 1 through April 30 shall be allowed south of a line drawn
across Muir Inlet at the southernmost point of Adams Inlet.
"(5) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in Geikie Inlet.
"(b) The Beardslee Islands and Upper Dundas Bay. - Commercial
fishing is prohibited in the designated wilderness waters within
Glacier Bay National Park and Preserve, including the waters of the
Beardslee Islands and Upper Dundas Bay. Any individual who -
"(1) on or before August 1, 1999, provides a sworn and
notarized affidavit and other available corroborating
documentation to the Secretary of the Interior sufficient to
establish that he or she has engaged in commercial fishing for
Dungeness crab in the designated wilderness waters of the
Beardslee Islands or Dundas Bay within Glacier Bay National Park
pursuant to a valid commercial fishing permit in at least six of
the years during the period 1987 through 1998;
"(2) at the time of receiving compensation based on the
Secretary of the Interior's determination as described below -
"(A) agrees in writing not to engage in commercial fishing
for Dungeness crab within Glacier Bay Proper;
"(B) relinquishes to the State of Alaska for the purposes of
its retirement any commercial fishing permit for Dungeness crab
for areas within Glacier Bay Proper;
"(C) at the individual's option, relinquishes to the United
States the Dungeness crab pots covered by the commercial
fishing permit; and
"(D) at the individual's option, relinquishes to the United
States the fishing vessel used for Dungeness crab fishing in
Glacier Bay Proper; and
"(3) holds a current valid commercial fishing permit that
allows such individual to engage in commercial fishing for
Dungeness crab in Glacier Bay National Park,
shall be eligible to receive from the United States compensation
that is the greater of (i) $400,000, or (ii) an amount equal to the
fair market value (as of the date of relinquishment) of the
commercial fishing permit for Dungeness crab, together with an
amount equal to the present value of the foregone net income from
commercial fishing for Dungeness crab for for [sic] the period
beginning January 1, 1999 that is equivalent in length to the
period established by such individual under paragraph (1), based on
the individual's net earnings from the Dungeness crab fishery
during such established period. In addition, such individual shall
be eligible to receive from the United States fair market value for
any Dungeness crab pots, related gear, and not more than one
Dungeness crab fishing vessel if such individual chooses to
relinquish to the United States such pots, related gear, or vessel.
Any individual seeking such compensation shall provide the consent
necessary for the Secretary of the Interior to verify such net
earnings in the fishery. The Secretary of the Interior's
determination of the amount to be paid shall be completed and
payment shall be made within six months from the date of
application by the individuals described in this subsection and
shall constitute final agency action subject to review pursuant to
the Administrative Procedures [Procedure] Act [5 U.S.C. 551 et
seq.; 701 et seq.] in the United States District Court for the
District of Alaska.
"(c) Others Affected by Fishery Closures and Restrictions. - The
Secretary of the Interior is authorized to provide $23,000,000 for
a program developed with the concurrence of the State of Alaska to
fairly compensate United States fish processors, fishing vessel
crew members, communities, and others negatively affected by
restrictions on fishing in Glacier Bay National Park. For the
purpose of receiving compensation under the program required by
this subsection, a potential recipient shall provide a sworn and
notarized affidavit to establish the extent of such negative
effect.
"(d) Definition and Savings Clause. -
"(1) As used in this section, the term 'Glacier Bay Proper'
shall mean the marine waters within Glacier Bay, including coves
and inlets, north of a line drawn from Point Gustavus to Point
Carolus.
"(2) Nothing in this section is intended to enlarge or diminish
Federal or State title, jurisdiction, or authority with respect
to the waters of the State of Alaska, the waters within the
boundaries of Glacier Bay National Park, or the tidal or
submerged lands under any provision of State or Federal law.
"(e) Implementation and Effective Date. - The Secretary of the
Interior shall publish an interim final rule for the Federal
implementation of paragraphs (2) through (5) of subsection (a) and
shall provide an opportunity for public comment of no less than 45
days on such interim final rule. The final rule for the Federal
implementation of paragraphs (2) through (5) of subsection (a)
shall be published in the Federal Register no later than September
30, 1999 and shall take effect on September 30, 1999, except that
the limitations in paragraphs (3) through (5) of such subsection
shall not apply with respect to halibut fishing until November 15,
1999 or salmon troll fishing until December 31, 1999. In the event
that any individual eligible for compensation under subsection (b)
has not received full compensation by June 15, 1999, the Secretary
shall provide partial compensation on such date to such individual
and shall expeditiously provide full compensation thereafter."

-End-



-CITE-
16 USC Sec. 410hh-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09F - ALASKAN NATIONAL PARKS

-HEAD-
Sec. 410hh-5. Withdrawal of lands from mining and mineral leasing

-STATUTE-
Subject to valid existing rights, and except as explicitly
provided otherwise in this Act, the Federal lands within units of
the National Park System established or expanded by or pursuant to
this Act are hereby withdrawn from all forms of appropriation or
disposal under the public land laws, including location, entry, and
patent under the United States mining laws, disposition under the
mineral leasing laws, and from future selections by the State of
Alaska and Native Corporations.

-SOURCE-
(Pub. L. 96-487, title II, Sec. 206, Dec. 2, 1980, 94 Stat. 2384.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.
The public land laws, referred to in text, are classified
generally to Title 43, Public Lands.
The United States mining laws and the mineral leasing laws,
referred to in text, are classified generally to Title 30, Mineral
Lands and Mining.

-End-


-CITE-
16 USC SUBCHAPTER LIX-G - CHACO CULTURE NATIONAL
HISTORICAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK

-HEAD-
SUBCHAPTER LIX-G - CHACO CULTURE NATIONAL HISTORICAL PARK

-End-



-CITE-
16 USC Sec. 410ii 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410ii. Findings and purpose

-STATUTE-
(a) The Congress finds that -
(1) archeological research in the San Juan Basin conducted over
the past several years has greatly increased public knowledge of
the scope of the prehistoric culture referred to as Chacoan
Anasazi;
(2) the discoveries and the increased general interest in the
Chaco phenomenon have come at a time when the San Juan Basin is
experiencing extensive exploration and development for a wide
variety of energy-related resources, including coal, uranium,
oil, and natural gas;
(3) development of the San Juan Basin's important natural
resources and the valid existing rights of private property
owners will not be adversely affected by the preservation of the
archeological integrity of the area; and
(4) in light of the national significance of the Chacoan sites
and the urgent need to protect them, continued cooperation
between Federal agencies and private corporations is necessary to
provide for development in the San Juan Basin in a manner
compatible with preservation and archeological research.

(b) It is the purpose of this subchapter to recognize the unique
archeological resources associated with the prehistoric Chacoan
culture in the San Juan Basin and surrounding areas; to provide for
the preservation and interpretation of these resources; and to
facilitate research activities associated with these resources.

-SOURCE-
(Pub. L. 96-550, title V, Sec. 501, Dec. 19, 1980, 94 Stat. 3227;
Pub. L. 104-11, Sec. 2, May 18, 1995, 109 Stat. 158.)


-MISC1-AMENDMENTS (continued)