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16 U.S.C. § 410hh — Establishment of new areas

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16 U.S.C. § 410hh — Establishment of new areas

Page 304 TITLE 16—CONSERVATION § 410gg–3 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 Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and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. The effective date of this subchapter, referred to in subsec. (a), probably means the date of enactment of Pub. L. 96–287, which was approved on June 28, 1980. Act of October 18, 1968, referred to in subsec. (b), is Pub. L. 90–606, Oct. 18, 1968, 82 Stat. 1188, which was classified to sections 450qq to 450qq–4 of this title, and was omitted from the Code in view of the abolition of the Biscayne National Monument and its incorporation within the Biscayne National Park pursuant to subsec. (b). § 410gg–3. Report as to suitability for designation as wilderness area; compliance with proce- dure 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 ac- cordance 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 accom- plished in accordance with said section 11

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Page 304 TITLE 16—CONSERVATION § 410gg–3 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 Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and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. The effective date of this subchapter, referred to in subsec. (a), probably means the date of enactment of Pub. L. 96–287, which was approved on June 28, 1980. Act of October 18, 1968, referred to in subsec. (b), is Pub. L. 90–606, Oct. 18, 1968, 82 Stat. 1188, which was classified to sections 450qq to 450qq–4 of this title, and was omitted from the Code in view of the abolition of the Biscayne National Monument and its incorporation within the Biscayne National Park pursuant to subsec. (b). § 410gg–3. Report as to suitability for designation as wilderness area; compliance with proce- dure 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 ac- cordance 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 accom- plished in accordance with said section 1132(c) and (d). (Pub. L. 96–287, title I, § 104, June 28, 1980, 94 Stat. 600.) Editorial Notes 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 man- agement plan; submission to Congressional committees Within two complete fiscal years from the ef- fective 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 Sen- ate, a revised comprehensive general manage- ment plan for the park consistent with the pro- visions 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.) Editorial Notes 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 Re- lated Programs. Statutory Notes and Related Subsidiaries 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; en- trance or admission fees prohibition In addition to the sums previously authorized to be appropriated for Biscayne National Monu- ment, there are authorized to be appropriated such sums as may be necessary for the adminis- tration of the park, and not to exceed $8,500,000 for the acquisition of lands and interests there- in, as provided in this subchapter. Notwith- standing any other provision of law, no fees shall be charged for entrance or admission to the park. (Pub. L. 96–287, title I, § 106, June 28, 1980, 94 Stat. 600.) Statutory Notes and Related Subsidiaries AUTHORIZATIONS EFFECTIVE OCTOBER 1, 1980; CONTRAC- TUAL, OBLIGATORY, AND PAYMENT AUTHORITY PRO- VIDED IN APPROPRIATIONS Pub. L. 96–287, title IV, § 401, June 28, 1980, 94 Stat. 602, provided that: ‘‘Authorizations of moneys to be ap- propriated under this Act [Pub. L. 96–287] shall be effec- tive October 1, 1980. Notwithstanding any other provi- sion 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, con- taining approximately one hundred and thir- ty-eight thousand acres of public lands, and Aniakchak National Preserve, containing ap- proximately 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 pre- serve shall be managed for the following pur- poses, among others: To maintain the caldera and its associated volcanic features and land- scape, including the Aniakchak River and other lakes and streams, in their natural state; to study, interpret, and assure continu- ation of the natural process of biological suc- cession; to protect habitat for, and popu- lations of, fish and wildlife, including, but not limited to, brown/grizzly bears, moose, car- ibou, sea lions, seals, and other marine mam- Page 305 TITLE 16—CONSERVATION § 410hh mals, geese, swans, and other waterfowl and in a manner consistent with the foregoing, to in- terpret 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 pub- lic land, as generally depicted on map num- bered BELA–90,005, and dated October 1978. The preserve shall be managed for the fol- lowing purposes, among others: To protect and interpret examples of arctic plant commu- nities, volcanic lava flows, ash explosions, coastal formations, and other geologic proc- esses; 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, in- cluding 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/griz- zly bears, moose, and wolves; subject to such reasonable regulations as the Secretary may prescribe, to continue reindeer grazing use, in- cluding 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 subsist- ence resources; and in a manner consistent with the foregoing, to provide for outdoor recreation and environmental education ac- tivities including public access for rec- reational 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-of-way 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 gen- erally 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 ar- cheological sites depicting every known cul- tural period in arctic Alaska; to provide for scientific study of the process of human popu- lation of the area from the Asian Continent; in cooperation with Native Alaskans, to preserve and interpret evidence of prehistoric and his- toric 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 provi- sions of subchapter II of chapter 51 of this title. (4)(a) Gates of the Arctic National Park, containing approximately seven million fifty- two thousand acres of public lands, Gates of the Arctic National Preserve, containing ap- proximately 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 visi- tors 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 ac- cordance with the provisions of subchapter II of chapter 51 of this title. (b) Congress finds that there is a need for ac- cess for surface transportation purposes across the Western (Kobuk River) unit of the Gates of the Arctic National Preserve (from the Ambler Mining District to the Alaska Pipeline Haul Road) and the Secretary shall permit such ac- cess in accordance with the provisions of this subsection. (c) Upon the filing of an application pursu- ant 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 no- tice in the Federal Register of a thirty-day pe- riod for other applicants to apply for access. (d) The Secretary and the Secretary of Transportation shall jointly prepare an envi- ronmental and economic analysis solely for the purpose of determining the most desirable route for the right-of-way and terms and con- ditions which may be required for the issuance of that right-of-way. This analysis shall be completed within one year and the draft there- of within nine months of the receipt of the ap- plication 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 accord- ance with the procedural requirements of sec- tion 3164(e) of this title. The Secretaries in preparing the analysis shall consider the fol- lowing— (i) Alternative routes including the consid- eration 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 eco- nomic impact of the right-of-way including impact upon wildlife, fish, and their habitat, Page 306 TITLE 16—CONSERVATION § 410hh 1 So in original. Probably should be ‘‘subparagraph (A)’’. and rural and traditional lifestyles including subsistence activities, and measures which should be instituted to avoid or minimize negative impacts and enhance positive im- pacts. (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 pre- serve. Such right-of-way shall be issued in ac- cordance 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 environ- mental integrity of the Harding Icefield, its outflowing glaciers, and coastal fjords and is- lands 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 disrup- tive to their natural processes. In a manner consistent with the foregoing, the Secretary is authorized to develop access to the Harding Icefield and to allow use of mechanized equip- ment 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 riv- ers, the boreal forest, and the Great Kobuk Sand Dunes, in an undeveloped state; to pro- tect 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 in- cluding but not limited to caribou, moose, black and grizzly bears, wolves, and waterfowl; and to protect the viability of subsistence re- sources. 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 incon- sistent with the purposes of the park, the Sec- retary shall permit aircraft to continue to land at sites in the upper Salmon River water- shed. (7)(a) Lake Clark National Park, containing approximately two million four hundred thir- ty-nine thousand acres of public lands, and Lake Clark National Preserve, containing ap- proximately 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 fol- lowing 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 mead- ows in their natural state; and to protect habi- tat for and populations of fish and wildlife in- cluding but not limited to caribou, Dall sheep, brown/grizzly bears, bald eagles, and peregrine falcons. (b) No lands conveyed to the Nondalton Vil- lage 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 ac- cordance 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- 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 proc- esses unimpaired by adverse human activity; to protect habitat for, and populations of, fish and wildlife, including but not limited to car- ibou, 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 re- search. 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 Alas- ka Native Claims Settlement Act [43 U.S.C. 1601 et seq.] for selection by the vil- lage 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 convey- ance 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 Page 307 TITLE 16—CONSERVATION § 410hh the manner provided in the foregoing provi- sions of this paragraph. For purposes of the preceding sentence the term ‘‘final convey- ance date’’ means the date of the convey- ance of lands under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], or by operation of this Act, to the Vil- lage of Noatak, or to any other Native Cor- poration which completes the entitlement of such Village or other Corporation to convey- ance of lands from the withdrawals referred to in subparagraph (1). (9) Wrangell-Saint Elias National Park, con- taining approximately eight million one hun- dred and forty-seven thousand acres of public lands, and Wrangell-Saint Elias National Pre- serve, 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, gla- cial 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 car- ibou, brown/grizzly bears, Dall sheep, moose, wolves, trumpeter swans and other waterfowl, and marine mammals; and to provide contin- ued opportunities, including reasonable access for mountain climbing, mountaineering, and other wilderness recreational activities. Sub- sistence uses by local residents shall be per- mitted in the park, where such uses are tradi- tional, in accordance with the provisions of subchapter II of chapter 51 of this title. (10) Yukon-Charley Rivers National Pre- serve, 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 main- tain 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 sci- entific study; to protect habitat for, and popu- lations 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 cul- tural prehistory of the area. Except at such times when and locations where to do so would be inconsistent with the purposes of the pre- serve, 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.) Editorial Notes 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, 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 Na- tional Environmental Policy Act of 1969, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified gen- erally to chapter 55 (§ 4321 et seq.) of Title 42, The Pub- lic 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, 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 ‘‘approxi- mately 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’’. Statutory Notes and Related Subsidiaries 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: ‘‘(1) The Alaska National Interest Lands Conserva- tion 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 vir- tually surrounded by these national park and wilder- ness 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 commu- nities, the village [sic] of Anaktuvuk Pass is not lo- cated 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 ease- ments 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, be- cause they provided inadequate access to subsistence resources while causing excessive environmental im- pact 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 Corpora- tion. Full effectuation of this agreement, as amend- ed, by its terms requires ratification by the Congress. ‘‘(b) RATIFICATION OF AGREEMENT.— ‘‘(1) RATIFICATION.— ‘‘(A) IN GENERAL.—The terms, conditions, proce- dures, covenants, reservations, and other provisions Page 308 TITLE 16—CONSERVATION § 410hh–1 set forth in the document entitled ‘Donation, Ex- change of Lands and Interests in Lands and Wilder- ness Redesignation Agreement Among Arctic Slope Regional Corporation, Nunamiut Corporation, City of Anaktuvuk Pass and the United States of Amer- ica’ (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 com- mitments of the United States, Arctic Slope Re- gional 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 (here- inafter 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 ac- cess 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 Re- designation, 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 pre- pared and made available in the above offices. In case of any discrepancies, Map No. 185/80,039 shall be con- trolling. ‘‘(c) NATIONAL PARK SYSTEM WILDERNESS.— ‘‘(1) GATES OF THE ARTIC WILDERNESS.—[Amended provisions listed in a Table of Wilderness Areas set out under section 1132 of this title.] ‘‘(2) NOATAK NATIONAL PRESERVE.—[Amended this section.] ‘‘(3) NOATAK WILDERNESS.—[Amended provisions listed in a Table of Wilderness Areas set out under section 1132 of this title.] ‘‘(d) CONFORMANCE WITH OTHER LAW.— ‘‘(1) ALASKA NATIVE CLAIMS SETTLEMENT ACT.—All of the lands, or interests therein, conveyed to and re- ceived 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 CONSERVA- TION ACT.—Except to the extent specifically set forth in this section or the Agreement, nothing in this sec- tion or in the Agreement shall be construed to en- large or diminish the rights, privileges, or obligations of any person, including specifically the preference for subsistence uses and access to subsistence re- sources 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 Sys- tem 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 re- designated 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 addi- tion 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 Pre- serve, both as generally depicted on map num- bered 90,007, and dated July 1980; furthermore, the monument is hereby redesignated as ‘‘Katmai National Park’’. The monument ad- dition and preserve shall be managed for the following purposes, among others: To protect habitats for, and populations of, fish and wild- life including, but not limited to, high con- centrations of brown/grizzly bears and their denning areas; to maintain unimpaired the water habitat for significant salmon popu- lations; and to protect scenic, geological, cul- tural 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- sand acres of public land, and approximately one million three hundred and thirty thousand acres of additional public land is hereby estab- lished 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 Na- tional Park and Preserve. The park additions and preserve shall be managed for the fol- lowing purposes, among others: To protect and interpret the entire mountain massif, and ad- ditional scenic mountain peaks and forma- tions; and to protect habitat for, and popu- lations of fish and wildlife including, but not limited to, brown/grizzly bears, moose, car- ibou, Dall sheep, wolves, swans and other wa- terfowl; and to provide continued opportuni- ties, including reasonable access, for mountain climbing, mountaineering and other wilder- ness recreational activities. Subsistence uses by local residents shall be permitted in the ad- ditions to the park where such uses are tradi- tional 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 re- port shall evaluate the resources of the area, including but not limited to, fish and wildlife, public recreation opportunities, wilderness po-

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1a — Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948

### Statutory Notes Section, act June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to residence of United States Commissioners [now magistrate judges].

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16 U.S.C. § 1a — Repealed. June 25, 1948, ch. 646, § 39, 62

Page 29 TITLE 16—CONSERVATION § 1a–1 Sec. SUBCHAPTER CXXXIV—RED CLIFFS NATIONAL CONSERVATION AREA 460www. Red Cliffs National Conservation Area. SUBCHAPTER CXXXV—BEAVER DAM WASH NATIONAL CONSERVATION AREA 460xxx. Beaver Dam Wash National Conservation Area. SUBCHAPTER CXXXVI—FORT STANTON-SNOWY RIVER CAVE NATIONAL CONSERVATION AREA 460yyy. Definitions. 460yyy–1. Establishment of the Fort Stanton- Snowy River Cave National Conserva- tion Area. 460yyy–2. Management of the Conservation Area. 460yyy–3. Authorization of appropriations. SUBCHAPTER CXXXVII—DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA 460zzz. Definitions. 460zzz–1. Dominguez-Escalante National Con- servation Area. 460zzz–2. Dominguez Canyon Wilderness Area. 460zzz–3. Maps and legal descriptions. 460zzz–4. Management of Conservation Area and Wilderness. 460zzz–5. Management plan. 460zzz–6. Advisory Council. 460zzz–7. Authorization of appropriations. SUBCHAPTER CXXXVIII—NELLIS DUNES OFF- HIGHWAY VEHICLE RECREATION AREA 460aaaa. Nellis Dunes Off-Highway Vehicle Recre- ation Area. SUBCHAPTER CXXXIX—ASHLEY KARST NATIONAL RECREATION AND GEOLOGIC AREA 460bbbb. Ashley Karst National Recreation and Geologic Area. SUBCHAPTER CXL—JOHN WESLEY POWELL NATIONAL CONSERVATION AREA 460cccc. John Wesley Powell National Conserva- tion Area. SUBCHAPTER CXLI—SAN RAFAEL SWELL RECREATION AREA 460dddd. Establishment of Recreation Area. 460dddd–1. Management of Recreation Area. 460dddd–2. San Rafael Swell Recreation Area Advi- sory Council. SUBCHAPTER CXLII—VINAGRE WASH SPECIAL MANAGEMENT AREA 460eeee. Vinagre Wash Special Management Area. SUBCHAPTER CXLIII—ALABAMA HILLS NATIONAL SCENIC AREA 460ffff. Definitions. 460ffff–1. Alabama Hills National Scenic Area, Califor

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16 U.S.C. § 3101 — Congressional statement of purpose

**(a) Establishment of units** In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established. **(b) Preservation and protection of scenic, geological, etc., values** It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems. **(c) Subsistence way of life for rural residents** It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3101 — Congressional statement of purpose

Page 2231 TITLE 16—CONSERVATION § 3101 Sec. 3214. Alaska gas pipeline. 3215. Public land entries in Alaska. SUBCHAPTER VII—NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION PROCESS 3231. Areas subject to national need recommenda- tion process. 3232. Recommendations of President to Congress. 3233. Expedited Congressional review. Executive Documents EX. ORD. NO. 13580. INTERAGENCY WORKING GROUP ON CO- ORDINATION OF DOMESTIC ENERGY DEVELOPMENT AND PERMITTING IN ALASKA Ex. Ord. No. 13580, July 12, 2011, 76 F.R. 41989, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an interagency working group to coordinate the efforts of Federal agencies responsible for overseeing the safe and respon- sible development of onshore and offshore energy re- sources and associated infrastructure in Alaska and to help reduce our dependence on foreign oil, it is hereby ordered as follows: SECTION 1. Policy. Interagency coordination is impor- tant for the safe, responsible, and efficient development of oil and natural gas resources in Alaska, both onshore and on the Alaska Outer Continental Shelf (OCS), while protecting human health and the environment, as well as indigenous populations. A number of executive de- partments and agencies (agencies) are charged with en- suring that resource development projects in Alaska comply with health, safety, and environmental protec- tion standards. To formalize and promote ongoing interagency coordination, this order establishes a high- level, interagency working group that will facilitate coordinated and efficient domestic energy development and permitting in Alaska while ensuring that all appli- cable standards are fully met. SEC. 2

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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 thirty-eight 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

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42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nati

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1601 — Congressional findings and declaration of policy

Congress finds and declares that— **(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; **(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; **(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; **(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any

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