Alaska National Interest Lands Conservation Act (ANILCA) of 1980

§ 410gg–3

TITLE 16—CONSERVATION

§ 410gg–3. Report as to suitability for designation
as wilderness area; compliance with procedure for such designation
Within three complete fiscal years from the
effective date of this subchapter, the Secretary
shall review the area within the park and shall
report to the President and the Congress, in accordance with section 1132(c) and (d) of this
title, his recommendations as to the suitability
or nonsuitability of any area within the park for
designation as wilderness. Any designation of
any such areas as wilderness shall be accomplished in accordance with said section 1132(c)
and (d).
(Pub. L. 96–287, title I, § 104, June 28, 1980, 94
Stat. 600.)
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
text, probably means the date of enactment of Pub. L.
96–287, which was approved on June 28, 1980.

§ 410gg–4. Revised comprehensive general management plan; submission to Congressional
committees
Within two complete fiscal years from the effective date of this subchapter, the Secretary
shall submit to the Committee on Interior and
Insular Affairs of the United States House of
Representatives and the Committee on Energy
and Natural Resources of the United States Senate, a revised comprehensive general management plan for the park consistent with the provisions of this subchapter and pursuant to the
provisions of section 100502 of title 54.
(Pub. L. 96–287, title I, § 105, June 28, 1980, 94
Stat. 600.)
REFERENCES IN TEXT
The effective date of this subchapter, referred to in
text, probably means the date of enactment of Pub. L.
96–287, which was approved on June 28, 1980.
CODIFICATION
In text, ‘‘section 100502 of title 54’’ substituted for
‘‘section 12(b) of the Act of August 18, 1970 (84 Stat. 825),
as amended (16 U.S.C. 1a–1 et seq.)’’ on authority of
Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which
Act enacted Title 54, National Park Service and Related Programs.
CHANGE OF NAME
Committee on Interior and Insular Affairs of the
House of Representatives changed to Committee on
Natural Resources of the House of Representatives on
Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.

§ 410gg–5. Authorization of appropriations; entrance or admission fees prohibition
In addition to the sums previously authorized
to be appropriated for Biscayne National Monument, there are authorized to be appropriated
such sums as may be necessary for the administration of the park, and not to exceed $8,500,000
for the acquisition of lands and interests therein, as provided in this subchapter. Notwithstanding any other provision of law, no fees
shall be charged for entrance or admission to
the park.

Page 292

(Pub. L. 96–287, title I, § 106, June 28, 1980, 94
Stat. 600.)
AUTHORIZATIONS EFFECTIVE OCTOBER 1, 1980; CONTRACTUAL, OBLIGATORY, AND PAYMENT AUTHORITY PROVIDED IN APPROPRIATIONS
Pub. L. 96–287, title IV, § 401, June 28, 1980, 94 Stat.
602, provided that: ‘‘Authorizations of moneys to be appropriated under this Act [Pub. L. 96–287] shall be effective October 1, 1980. Notwithstanding any other provision of this Act, authority to enter into contracts to
incur obligations, or to make payments under this Act
shall be effective only to the extent, and in such
amounts, as are provided in advance in appropriation
Acts.’’

SUBCHAPTER LIX–F—ALASKAN NATIONAL
PARKS
§ 410hh. Establishment of new areas
The following areas are hereby established as
units of the National Park System and shall be
administered by the Secretary under the laws
governing the administration of such lands and
under the provisions of this Act:
(1) Aniakchak National Monument, containing approximately one hundred and thirtyeight thousand acres of public lands, and
Aniakchak National Preserve, containing approximately three hundred and seventy-six
thousand acres of public lands, as generally
depicted on map numbered ANIA–90,005, and
dated October 1978. The monument and preserve shall be managed for the following purposes, among others: To maintain the caldera
and its associated volcanic features and landscape, including the Aniakchak River and
other lakes and streams, in their natural
state; to study, interpret, and assure continuation of the natural process of biological succession; to protect habitat for, and populations of, fish and wildlife, including, but not
limited to, brown/grizzly bears, moose, caribou, sea lions, seals, and other marine mammals, geese, swans, and other waterfowl and in
a manner consistent with the foregoing, to interpret geological and biological processes for
visitors. Subsistence uses by local residents
shall be permitted in the monument where
such uses are traditional in accordance with
the provisions of subchapter II of chapter 51 of
this title.
(2) Bering Land Bridge National Preserve,
containing approximately two million four
hundred and fifty-seven thousand acres of public land, as generally depicted on map numbered BELA–90,005, and dated October 1978.
The preserve shall be managed for the following purposes, among others: To protect and interpret examples of arctic plant communities,
volcanic lava flows, ash explosions, coastal
formations, and other geologic processes; to
protect habitat for internationally significant
populations of migratory birds; to provide for
archeological and paleontological study, in cooperation with Native Alaskans, of the process
of plant and animal migration, including man,
between North America and the Asian Continent; to protect habitat for, and populations
of, fish and wildlife including, but not limited
to, marine mammals, brown/grizzly bears,
moose, and wolves; subject to such reasonable

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TITLE 16—CONSERVATION

regulations as the Secretary may prescribe, to
continue reindeer grazing use, including necessary facilities and equipment, within the
areas which on January 1, 1976, were subject to
reindeer grazing permits, in accordance with
sound range management practices; to protect
the viability of subsistence resources; and in a
manner consistent with the foregoing, to provide for outdoor recreation and environmental
education activities including public access
for recreational purposes to the Serpentine
Hot Springs area. The Secretary shall permit
the continuation of customary patterns and
modes of travel during periods of adequate
snow cover within a one-hundred-foot right-ofway along either side of an existing route from
Deering to the Taylor Highway, subject to
such reasonable regulations as the Secretary
may promulgate to assure that such travel is
consistent with the foregoing purposes.
(3) Cape Krusenstern National Monument,
containing approximately five hundred and
sixty thousand acres of public lands, as generally depicted on map numbered CAKR–90,007,
and dated October 1979. The monument shall
be managed for the following purposes, among
others: To protect and interpret a series of archeological sites depicting every known cultural period in arctic Alaska; to provide for
scientific study of the process of human population of the area from the Asian Continent; in
cooperation with Native Alaskans, to preserve
and interpret evidence of prehistoric and historic Native cultures; to protect habitat for
seals and other marine mammals; to protect
habitat for and populations of, birds, and other
wildlife, and fish resources; and to protect the
viability of subsistence resources. Subsistence
uses by local residents shall be permitted in
the monument in accordance with the provisions of subchapter II of chapter 51 of this
title.
(4)(a) Gates of the Arctic National Park,
containing approximately seven million fiftytwo thousand acres of public lands, Gates of
the Arctic National Preserve, containing approximately nine hundred thousand acres of
Federal lands, as generally depicted on map
numbered GAAR–90,011, and dated July 1980.
The park and preserve shall be managed for
the following purposes, among others: To
maintain the wild and undeveloped character
of the area, including opportunities for visitors to experience solitude, and the natural
environmental integrity and scenic beauty of
the mountains, forelands, rivers, lakes, and
other natural features; to provide continued
opportunities, including reasonable access, for
mountain climbing, mountaineering, and
other wilderness recreational activities; and
to protect habitat for and the populations of,
fish and wildlife, including, but not limited to,
caribou, grizzly bears, Dall sheep, moose,
wolves, and raptorial birds. 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.
(b) Congress finds that there is a need for access for surface transportation purposes across
the Western (Kobuk River) unit of the Gates of

§ 410hh

the Arctic National Preserve (from the Ambler
Mining District to the Alaska Pipeline Haul
Road) and the Secretary shall permit such access in accordance with the provisions of this
subsection.
(c) Upon the filing of an application pursuant to section 3164(b) and (c) of this title for a
right-of-way across the Western (Kobuk River)
unit of the preserve, including the Kobuk Wild
and Scenic River, the Secretary shall give notice in the Federal Register of a thirty-day period for other applicants to apply for access.
(d) The Secretary and the Secretary of
Transportation shall jointly prepare an environmental and economic analysis solely for
the purpose of determining the most desirable
route for the right-of-way and terms and conditions which may be required for the issuance
of that right-of-way. This analysis shall be
completed within one year and the draft thereof within nine months of the receipt of the application and shall be prepared in lieu of an
environmental impact statement which would
otherwise be required under section 102(2)(C) of
the National Environmental Policy Act [42
U.S.C. 4332(2)(C)]. Such analysis shall be
deemed to satisfy all requirements of that Act
[42 U.S.C. 4321 et seq.] and shall not be subject
to judicial review. Such environmental and
economic analysis shall be prepared in accordance with the procedural requirements of section 3164(e) of this title. The Secretaries in
preparing the analysis shall consider the following—
(i) Alternative routes including the consideration of economically feasible and prudent
alternative routes across the preserve which
would result in fewer or less severe adverse
impacts upon the preserve.
(ii) The environmental and social and economic impact of the right-of-way including
impact upon wildlife, fish, and their habitat,
and rural and traditional lifestyles including
subsistence activities, and measures which
should be instituted to avoid or minimize
negative impacts and enhance positive impacts.
(e) Within 60 days of the completion of the
environmental and economic analysis, the
Secretaries shall jointly agree upon a route
for issuance of the right-of-way across the preserve. Such right-of-way shall be issued in accordance with the provisions of section 3167 of
this title.
(5) Kenai Fjords National Park, containing
approximately five hundred and sixty-seven
thousand acres of public lands, as generally
depicted on map numbered KEFJ–90,007, and
dated October 1978. The park shall be managed
for the following purposes, among others: To
maintain unimpaired the scenic and environmental integrity of the Harding Icefield, its
outflowing glaciers, and coastal fjords and islands in their natural state; and to protect
seals, sea lions, other marine mammals, and
marine and other birds and to maintain their
hauling and breeding areas in their natural
state, free of human activity which is disruptive to their natural processes. In a manner
consistent with the foregoing, the Secretary is
authorized to develop access to the Harding

§ 410hh

TITLE 16—CONSERVATION

Icefield and to allow use of mechanized equipment on the icefield for recreation.
(6) Kobuk Valley National Park, containing
approximately one million seven hundred and
ten thousand acres of public lands as generally
depicted on map numbered KOVA–90,009, and
dated October 1979. The park shall be managed
for the following purposes, among others: To
maintain the environmental integrity of the
natural features of the Kobuk River Valley,
including the Kobuk, Salmon, and other rivers, the boreal forest, and the Great Kobuk
Sand Dunes, in an undeveloped state; to protect and interpret, in cooperation with Native
Alaskans, archeological sites associated with
Native cultures; to protect migration routes
for the Arctic caribou herd; to protect habitat
for, and populations of, fish and wildlife including but not limited to caribou, moose,
black and grizzly bears, wolves, and waterfowl;
and to protect the viability of subsistence resources. Subsistence uses by local residents
shall be permitted in the park in accordance
with the provisions of subchapter II of chapter
51 of this title. Except at such times when, and
locations where, to do so would be inconsistent with the purposes of the park, the Secretary shall permit aircraft to continue to
land at sites in the upper Salmon River watershed.
(7)(a) Lake Clark National Park, containing
approximately two million four hundred thirty-nine thousand acres of public lands, and
Lake Clark National Preserve, containing approximately one million two hundred and
fourteen thousand acres of public lands, as
generally
depicted
on
map
numbered
LACL–90,008, and dated October 1978. The park
and preserve shall be managed for the following purposes, among others: To protect the
watershed necessary for perpetuation of the
red salmon fishery in Bristol Bay; to maintain
unimpaired the scenic beauty and quality of
portions of the Alaska Range and the Aleutian
Range, including active volcanoes, glaciers,
wild rivers, lakes, waterfalls, and alpine meadows in their natural state; and to protect habitat for and populations of fish and wildlife including but not limited to caribou, Dall sheep,
brown/grizzly bears, bald eagles, and peregrine
falcons.
(b) No lands conveyed to the Nondalton Village Corporation shall be considered to be
within the boundaries of the park or preserve;
if the corporation desires to convey any such
lands, the Secretary may acquire such lands
with the consent of the owner, and any such
lands so acquired shall become part of the
park or preserve, as appropriate. 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.
(8)(a) Noatak National Preserve, containing
approximately 6,477,168 acres of public lands,
as generally depicted on map numbered
NOAT–90,004, and dated July 1980 and the map
entitled ‘‘Noatak National Preserve and
Noatak Wilderness Addition’’ dated September
1994. The preserve shall be managed for the
following purposes, among others: To main-

Page 294

tain 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) 1 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,
1 So

in original. Probably should be ‘‘subparagraph (A)’’.

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TITLE 16—CONSERVATION

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.
(Pub. L. 96–487, title II, § 201, Dec. 2, 1980, 94 Stat.
2377; Pub. L. 104–333, div. I, title III, § 302(c)(2),
Nov. 12, 1996, 110 Stat. 4119.)
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 (§ 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 (§ 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.
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
Pub. L. 104–333, div. I, title III, § 302, Nov. 12, 1996, 110
Stat. 4117, provided that:
‘‘(a) FINDINGS.—The Congress makes the following
findings:

§ 410hh

‘‘(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.]

§ 410hh–1

TITLE 16—CONSERVATION

‘‘(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.).’’

§ 410hh–1. Additions to existing areas
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 thou-

Page 296

sand 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 lands or
claims will significantly impair important
scenic, wildlife, or recreational values of the
public lands which are the subject of the
study.
(Pub. L. 96–487, title II, § 202, Dec. 2, 1980, 94 Stat.
2382; Pub. L. 97–468, title VI, § 615(b)(5), Jan. 14,
1983, 96 Stat. 2578.)
AMENDMENTS
1983—Subsec. (3)(a). Pub. L. 97–468 struck out provision that the portion of the Alaska Railroad right-of-

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TITLE 16—CONSERVATION

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, § 101(e) [title I, § 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.

§ 410hh–2

‘‘(b) KATMAI NATIONAL
NESS.—Upon the date of

PARK AND PRESERVE WILDERclosing 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.’’

§ 410hh–2. Administration; hunting and subsistence uses; admission fees
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 the Act of August 25, 1916 (39
Stat. 535), as amended and supplemented (16
U.S.C. 1 et seq.),1 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 Monu1 See

References in Text note below.

§ 410hh–3

TITLE 16—CONSERVATION

ments 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.
(Pub. L. 96–487, title II, § 203, Dec. 2, 1980, 94 Stat.
2383.)
REFERENCES IN TEXT
The Act of August 25, 1916 (39 Stat. 535), as amended
and supplemented (16 U.S.C. 1 et seq.), referred to in
text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as
the National Park Service Organic Act, which enacted
sections 1, 2, 3, and 4 of this title and provisions set out
as a note under section 100101 of Title 54, National Park
Service and Related Programs. Sections 1 to 4 of the
Act were repealed and restated as section 1865(a) of
Title 18, Crimes and Criminal Procedure, and section
100101(a), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3,
4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For
complete classification of this Act to the Code, see
Tables. For disposition of former sections of this title,
see Disposition Table preceding section 100101 of Title
54.
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.
ENVIRONMENTAL IMPACT STATEMENT ON EFFECTS OF
1996 INCREASES IN VESSEL ENTRIES FOR GLACIER BAY
NATIONAL PARK AND PRESERVE
Pub. L. 107–63, title I, § 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.’’

§ 410hh–3. Native selections
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

Page 298

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.
(Pub. L. 96–487, title II, § 204, Dec. 2, 1980, 94 Stat.
2384.)
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
(§ 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.

§ 410hh–4. Commercial fishing
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.
(Pub. L. 96–487, title II, § 205, Dec. 2, 1980, 94 Stat.
2384.)
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

Page 299

TITLE 16—CONSERVATION

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 [now
Committee on Natural 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 [now Committee on Natural 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, § 101(e) [title I, § 123], Oct. 21,
1998, 112 Stat. 2681–231, 2681–259, as amended by Pub. L.
106–31, title I, § 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.

§ 410hh–4

‘‘(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

§ 410hh–5

TITLE 16—CONSERVATION

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.’’

§ 410hh–5. Withdrawal of lands from mining and
mineral leasing
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

Page 300

future selections by the State of Alaska and Native Corporations.
(Pub. L. 96–487, title II, § 206, Dec. 2, 1980, 94 Stat.
2384.)
REFERENCES IN TEXT
This Act, referred to in text, 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.

SUBCHAPTER LIX–G—CHACO CULTURE
NATIONAL HISTORICAL PARK
§ 410ii. Findings and purpose
(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.
(Pub. L. 96–550, title V, § 501, Dec. 19, 1980, 94
Stat. 3227; Pub. L. 104–11, § 2, May 18, 1995, 109
Stat. 158.)
AMENDMENTS
1995—Subsec. (b). Pub. L. 104–11 substituted ‘‘San
Juan Basin and surrounding areas’’ for ‘‘San Juan
Basin’’.
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–413, § 1, Oct. 30, 2004, 118 Stat. 2325, provided that: ‘‘This Act [enacting provisions set out as a
note under section 410ii–6 of this title] may be cited as
the ‘Hibben Center Act’.’’
SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104–11, § 1, May 18, 1995, 109 Stat. 158, provided
that: ‘‘This Act [amending this section and sections
410ii–1, 410ii–3, and 410ii–5 of this title] may be cited as
the ‘Chacoan Outliers Protection Act of 1995’.’’

§ 410ii–1. Establishment
(a) Abolition of Chaco Canyon National Monument
There is hereby established in the State of
New Mexico, the Chaco Culture National Histor-