16 U.S.C. § 3183 — Bristol Bay Cooperative Region

Page 2258 TITLE 16—CONSERVATION § 3182 Corporations providing for mutual consultation, review, and coordination of resource manage- ment plans and programs within such zones. (2) With respect to lands, waters, and interests therein which are subject to a cooperative agreement in accordance with this subsection, the Secretary, in addition to any requirement of applicable law, may provide technical and other assistance to the landowner with respect to fire control, trespass control, law enforcement, re- source use, and planning. Such assistance may be provided without reimbursement if the Sec- retary determines that to do so would further the purposes of the cooperative agreement and would be in the public interest. (3) Cooperative agreements established pursu- ant to this section shall include a plan for public participation consistent with the guidelines es- tablished by the Council pursuant to subsection (m). (k) Nonacceptance of Council recommendations If any Federal or State agency does not accept a recommendation made by the Council pursu- ant to subsection (i) or (j), such agency, within thirty days of receipt of the recommendation, shall inform the Council, in writing, of its rea- son for such action. (l) Termination Unless extended by the Congress, the Council shall terminate ten years after December 2, 1980. No later than one year prior to its termination date, the Cochairmen shall submit in writing to the Congress a report on the accomplishments of the Council together with their recommenda- tions as to whether the Council should be ex- tended or any other recommendations for legis- lation or other action which they determine should be taken following termination of the Council to continue carrying out the purposes for which the Council was established. (m) Public participation The Council shall establish and implement a public participation program to assist the Coun- cil to carry out its responsibilities and functions under this section. Such program shall include, but is not limited to— (1) A committee of land-use advisors ap- pointed by the Cochairmen made up of rep- resentatives of commercial and industrial land users in Alaska, recreational land users, wil- derness users, environmental groups, Native Corporations, and other public and private or- ganizations. To the maximum extent prac- ticable, the membership of the committee shall provide a balanced mixture of national, State, and local perspective and expertise on land and resource use issues; and (2) A system for (A) the identification of per- sons and communities, in rural and urban Alaska, who or which may be directly or sig- nificantly affected by studies conducted, or advice and recommendations given by the Council pursuant to this section, and (B) guidelines for, and implementation of, a sys- tem for effective public participation by such persons or communities in the development of such studies, advice and recommendations by the Council. (Pub. L. 96–487, title XII, § 1201, Dec. 2, 1980, 94 Stat. 2466.) Editorial Notes REFERENCES IN TEXT Section 5703 of title 5, referred to in subsec. (e)(3), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). This Act, referred to in subsecs. (f)(3), (5) and (i)(2)(A)(i), (ii), and (iii), 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. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to submitting re- port to Congress no later than February 1 of each cal- endar year, see section 3003 of Pub. L. 104–66, as amend- ed, set out as a note under section 1113 of Title 31, Money and Finance, and page 154 of House Document No. 103–7. § 3182. Federal Coordination Committee There is hereby established a Federal Coordi- nation Committee composed of the Secretaries (or their designees) of Agriculture, Energy, the Interior, and Transportation; the Administra- tors of the Environmental Protection Agency, and the National Oceanic and Atmospheric Ad- ministration; and the Federal and State Co- chairmen of the Council. Such Committee shall meet at least once every four months in order to coordinate those programs and functions of their respective agencies which could affect the administration of lands and resources in Alaska. The Federal Cochairman shall be the Chairman of the Committee. He shall be responsible for formulating an agenda for each meeting, after consultation with the other agency heads re- ferred to herein, for providing any necessary staff support, and for preparing a brief summary of the disposition of matters discussed at each meeting. Such summary shall be published in the Federal Register. (Pub. L. 96–487, title XII, § 1202, Dec. 2, 1980, 94 Stat. 2470.) § 3183. Bristol Bay Cooperative Region (a) Definitions For purposes of this section— (1) The term ‘‘Governor’’ means the Gov- ernor of the State of Alaska. (2) The term ‘‘region’’ means the land (other than any land within the National Park Sys- tem) within the Bristol Bay Cooperative Re- gion as generally depicted on the map entitled ‘‘Bristol Bay-Alaska Peninsula’’, dated Octo- ber 1979. (b) Purpose The purpose of this section is to provide for the preparation and implementation of a com- prehensive and systematic cooperative manage- ment plan (hereinafter in this section referred to as the ‘‘plan’’), agreed to by the United States and the State— (1) to conserve the fish and wildlife and other significant natural and cultural re- sources within the region; Page 2259 TITLE 16—CONSERVATION § 3183 (2) to provide for the rational and orderly de- velopment of economic resources within the region in an environmentally sound manner; (3) to provide for such exchanges of land among the Federal Government, the State, and other public or private owners as will fa- cilitate the carrying out of paragraphs (1) and (2); (4) to identify any further lands within the region which are appropriate for selections by the State under section 6 of the Alaska State- hood Act and this Act; and (5) to identify any further lands within the region which may be appropriate for congres- sional designation as national conservation system units. (c) Federal-State cooperation in preparation of plans (1) If within three months after December 2, 1980, the Governor notifies the Secretary that the State wishes to participate in the prepara- tion of the plan, and that the Governor will, to the extent of his authority, manage State lands within the region to conserve fish and wildlife during such preparation, the Secretary and the Governor shall undertake to prepare the plan which shall contain such provisions as are nec- essary and appropriate to achieve the purposes set forth in subsection (b), including but not limited to— (A) the identification of the significant re- sources of the region; (B) the identification of present and poten- tial uses of land within the region; (C) the identification of areas within the re- gion according to their significant resources and the present or potential uses within each such area; (D) the identification of land (other than any land within the National Park System) which should be exchanged in order to facili- tate the conserving of fish and wildlife and the management and development of other re- sources within the region; and (E) the specification of the uses which may be permitted in each area identified under paragraph (C) and the manner in which these uses shall be regulated by the Secretary or the State, as appropriate, if such plan is approved. (2) The plan shall also— (A) specify those elements of the plan, and its implementation, which the Secretary or the Governor: (i) may modify without prior approval of both parties to the plan; and (ii) may not modify without such prior ap- proval; and (B) include a description of the procedures which will be used to make modifications to which paragraph (A)(i) applies. (d) Action by Secretary if State does not partici- pate in plan If— (1) the Secretary does not receive notifica- tion under subsection (c) that the State will participate in the preparation of the plan; or (2) after the State agrees to so participate, the Governor submits to the Secretary written notification that the State is terminating its participation; the Secretary shall prepare a plan containing the provisions referred to in subsection (c)(1) (and containing a specification of those ele- ments in the plan which the Secretary may modify without prior approval of Congress), and submit copies of such plan to the Congress, as provided in subsection (e)(2), within three years after December 2, 1980. (e) Taking effect of plan (1) If within three years after December 2, 1980, a plan has been prepared under subsection (c) which is agreed to by the Secretary and the Gov- ernor, the plan shall take effect with respect to the United States and the State. (2) If the plan prepared pursuant to this sec- tion is agreed to by the Secretary and the Gov- ernor includes any recommendations regarding (i) the exchange of State lands, (ii) the manage- ment of Federal lands within any conservation system unit, or (iii) any other actions which re- quire the approval of either the Congress or the Alaska State Legislature, then the Secretary and the Governor shall submit to the Congress and the State Legislature as appropriate, their proposals for legislation necessary to carry out the recommendations contained in the plan. (f) Transitional provisions On December 2, 1980, and for a period of three years thereafter, all Federal land within the re- gion (except that land conveyed by title IX of this Act to the State of Alaska and Federal lands located within the boundaries of conserva- tion system units) shall be withdrawn from all forms of appropriation under the public land laws, including selections by the State, and from location and entry under the mining laws and from leasing under the Mineral Leasing Act [30 U.S.C. 181 et seq.], and shall be managed by the Bureau of Land Management under its exist- ing statutory authority and consistent with pro- visions of this section. (Pub. L. 96–487, title XII, § 1203, Dec. 2, 1980, 94 Stat. 2470.) Editorial Notes REFERENCES IN TEXT Section 6 of the Alaska Statehood Act, referred to in subsec. (b)(4), is section 6 of Pub. L. 85–508, July 7, 1958, 72 Stat. 399, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. This Act, referred to in subsecs. (b)(4) and (f), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. Title IX of this Act enacted sections 1631 to 1638 of Title 43, Public Lands, amended sections 1614 and 1620 of Title 43, and amended provisions set out as notes under section 1611 of Title 43 and preceding section 21 of Title 48, Terri- tories and Insular Possessions. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Mineral Leasing Act, referred to in subsec. (f), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. Page 2260 TITLE 16—CONSERVATION § 3191 SUBCHAPTER VI—ADMINISTRATIVE PROVISIONS § 3191. Management plans (a) Development; transmittal to Congressional committees Within five years from December 2, 1980, the Secretary shall develop and transmit to the ap- propriate Committees of the Congress a con- servation and management plan for each of the units of the National Park System established or to which additions are made by this Act. (b) National Park service plan requirements Each plan for a unit established, redesignated, or expanded by subchapter LIX–F of chapter 1 of this title shall identify management practices which will carry out the policies of this Act and will accomplish the purposes for which the con- cerned National Park System unit was estab- lished or expanded and shall include at least the following: (1) Maps indicating areas of particular im- portance as to wilderness, natural, historical, wildlife, cultural, archeological, paleontolog- ical, geological, recreational, and similar re- sources and also indicating the areas into which such unit will be divided for administra- tive purposes. (2) A description of the programs and meth- ods that will be employed to manage fish and wildlife resources and habitats, cultural, geo- logical, recreational, and wilderness resources, and how each conservation system unit will contribute to overall resources management goals of that region. Such programs should in- clude research, protection, restoration, devel- opment, and interpretation as appropriate. (3) A description of any areas of potential or proposed development, indicating types of vis- itor 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 lo- cation of transportation routes and facilities, if any. (5) A description of the programs and meth- ods 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 em- ployment 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 ef- fects 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 be- tween the management of such unit and ac- tivities being carried out in, or proposed for, surrounding areas and also indicating coopera- tive agreements which could and should be en- tered 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 con- cerned conservation system unit was estab- lished or expanded. (2) Protection and preservation of the eco- logical, environmental, wildlife, cultural, his- torical, archeological, geological, rec- reational, wilderness, and scenic character of the concerned unit and of areas in the vicinity of such unit. (3) Providing opportunities for Alaska Na- tives residing in the concerned unit and areas adjacent to such unit to continue performing in such unit activities which they have tradi- tionally or historically performed in such unit. (4) Activities being carried out in areas adja- cent to, or surrounded by, the concerned unit. (d) Hearing and participation In developing, preparing, and revising a plan under this section the Secretary shall hold at least one public hearing in the vicinity of the concerned conservation unit, hold at least one public hearing in a metropolitan area of Alaska, and, to the extent practicable, permit the fol- lowing persons to participate in the develop- ment, preparation, and revision of such plan: (1) The Alaska Land Use Council and offi- cials of Federal agencies whose activities will be significantly affected by implementation of such plan. (2) Officials of the State and of political sub- divisions 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 implementa- tion of such plan. (4) Concerned local, State, and National or- ganizations and interested individuals. (Pub. L. 96–487, title XIII, § 1301, Dec. 2, 1980, 94 Stat. 2472.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For com- plete 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, con-