ANILCA - Land Acquisition Authority

§ 3192

TITLE 16—CONSERVATION

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

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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.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b), 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.
Subchapter LIX–F of chapter 1 of this title, referred
to in subsec. (b), commences with section 410hh of this
title.

§ 3192. Land acquisition authority
(a) General authority
Except as provided in subsections (b) and (c) of
this section, the Secretary is authorized, consistent with other applicable law in order to
carry out the purposes of this Act, to acquire by
purchase, donation, exchange, or otherwise any
lands within the boundaries of any conservation
system unit other than National Forest Wilderness.
(b) Restrictions
Lands 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.

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§ 3192

TITLE 16—CONSERVATION

(c) Exchanges
Lands located within the boundaries of a conservation system unit (other than National Forest Wilderness) which are owned by persons or
entities other than those described in subsection
(b) of this section shall not be acquired by the
Secretary without the consent of the owner unless prior to final judgment on the value of the
acquired land, the owner, after being offered appropriate land of similar characteristics and
like value (if such land is available from public
lands located outside the boundaries of any conservation system unit), chooses not to accept
the exchange. In identifying public lands for exchange pursuant to this subsection, the Secretary shall consult with the Alaska Land Use
Council.
(d) Improved property
No improved property shall be acquired under
subsection (a) without the consent of the owner
unless the Secretary first determines that such
acquisition is necessary to the fulfillment of the
purposes of this Act or to the fulfillment of the
purposes for which the concerned conservation
system unit was established or expanded.
(e) Retained rights
The owner of an improved property on the
date of its acquisition, as a condition of such acquisition, may retain for himself, his heirs and
assigns, a right of use and occupancy of the improved property for noncommercial residential
or recreational purposes, as the case may be, for
a definite term of not more than twenty-five
years, or in lieu thereof, for a term ending at the
death of the owner or the death of his spouse,
whichever is later. The owner shall elect the
term to be reserved. Unless the property is wholly or partially donated, the Secretary shall pay
to the owner the fair market value of the owner’s interest in the property on the date of its
acquisition, less the fair market value on that
date of the right retained by the owner. A right
retained by the owner pursuant to this section
shall be subject to termination by the Secretary
upon his determination that such right is being
exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law upon notification by the Secretary
to the holder of the right of such determination
and tendering to him the amount equal to the
fair market value of that portion which remains
unexpired.
(f) ‘‘Improved property’’ defined
For 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
The Secretary shall give prompt and careful
consideration to any offer made by the owner of
any property within a conservation system unit
to sell such property, if such owner notifies the
Secretary that the continued ownership is causing, or would result in, undue 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.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (d), (e), (h), and
(i)(1), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, 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.

§ 3192a

TITLE 16—CONSERVATION

Section 6(i) of the Alaska Statehood Act, referred to
in subsec. (h)(1), is section 6(i) of Pub. L. 85–508, July 7,
1958, 72 Stat. 339, which is set out as a note preceding
section 21 of Title 48, Territories and Insular Possessions.
AMENDMENTS
1988—Subsec. (h). Pub. L. 100–395 designated existing
provisions as par. (1) and added par. (2).

§ 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.)
CODIFICATION
Section was enacted as part of Department of the Interior and Related Agencies Appropriations Act, 1999,
and also as part of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, and
not as part of Alaska National Interest Lands Conservation Act which comprises this chapter.

§ 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

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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 Act
The 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