43 U.S.C. § 1784 — Lands in Alaska; designation as wilder-

Page 589 TITLE 43—PUBLIC LANDS § 1784 the use of such lands as a site for installation and field testing of an experimental wind tur- bine generating system. Any permit issued pur- suant to this subsection shall contain such terms and conditions as the Secretary deter- mines necessary to protect the values of such lands for purposes of this section. (f) Reclamation and restoration of lands affected by quarrying operations The Secretary shall develop and administer, in addition to any requirements imposed pursuant to subsection (b)(3), a program for the reclama- tion and restoration of all lands affected by quarrying operations in the area acquired pursu- ant to subsection (d). All revenues received by the United States in connection with quarrying operations authorized by subsection (b)(3) shall be deposited in a separate fund account which shall be established by the Secretary of the Treasury. Such revenues are hereby authorized to be appropriated to the Secretary as needed for reclamation and restoration of any lands ac- quired pursuant to subsection (d). After comple- tion of such reclamation and restoration to the satisfaction of the Secretary, any unexpended revenues in such fund shall be returned to the general fund of the United States Treasury. (g) Authorization of appropriations There are hereby authorized to be appro- priated in addition to that authorized by sub- section (f), such sums as may be necessary to carry out the provisions of this section. (Pub. L. 96–199, title I, § 119, Mar. 5, 1980, 94 Stat. 71.) Editorial Notes REFERENCES IN TEXT The Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602), referred to in subsecs. (c) and (d), is act July 31, 1947, ch. 406, 61 Stat. 681, which is classified generally to subchapter I (§ 601 et seq.) of chapter 15 of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 30 and Tables. The Federal Land Policy and Management Act of 1976, as amended, referred to in subsec. (d), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. CODIFICATION Section was not enacted as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. § 1784. Lands in Alaska; designation as wilder- ness; management by Bureau of Land Man- agement pending Congressional action Notwithstanding any other provision of law, section 1782 of this title shall not apply to any lands in Alaska. However, in carrying out his duties under sections 1711 and 1712 of this title and other applicable laws, the Secretary may identify areas in Alaska which he determines are suitable as wilderness and may, from time to time, make recommendations to the Congress for inclusion of any such areas in the National Wilderness Preservation System, pursuant to the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.]. In the absence of congressional ac- tion relating to any such recommendation of the Secretary, the Bureau of Land Management shall manage all such areas which are within its jurisdiction in accordance with the applicable land use plans and applicable provisions of law. (Pub. L. 96–487, title XIII, § 1320, Dec. 2, 1980, 94 Stat. 2487.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in text, is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified gen- erally to chapter 23 (§ 1131 et seq.) of Title 16, Conserva- tion. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of Title 16 and Tables. CODIFICATION Section was enacted as part of the Alaska National Interest Lands Conservation Act, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter. Statutory Notes and Related Subsidiaries KENAI NATIVES ASSOCIATION LAND EXCHANGE Pub. L. 104–333, div. I, title III, § 311, Nov. 12, 1996, 110 Stat. 4139, as amended by Pub. L. 106–176, title I, § 105, Mar. 10, 2000, 114 Stat. 25, provided that: ‘‘(a) SHORT TITLE.—This section may be cited as the ‘Kenai Natives Association Equity Act Amendments of 1996’. ‘‘(b) FINDINGS AND PURPOSE.— ‘‘(1) FINDINGS.—The Congress finds the following: ‘‘(A) The United States Fish and Wildlife Service and Kenai Natives Association, Inc., have agreed to transfers of certain land rights, in and near the Kenai National Wildlife Refuge, negotiated as di- rected by Public Law 102–458 [106 Stat. 2267]. ‘‘(B) The lands to be acquired by the Service are within the area impacted by the Exxon Valdez oil spill of 1989, and these lands included important habitat for various species of fish and wildlife for which significant injury resulting from the spill has been documented through the EVOS Trustee Coun- cil restoration process. This analysis has indicated that these lands generally have value for the res- toration of such injured natural resources as pink salmon, dolly varden, bald eagles, river otters, and cultural and archaeological resources. This analysis has also indicated that these lands generally have high value for the restoration of injured species that rely on these natural resources, including wil- derness quality, recreation, tourism, and subsist- ence. ‘‘(C) Restoration of the injured species will ben- efit from acquisition and the prevention of disturb- ances which may adversely affect their recovery. ‘‘(D) It is in the public interest to complete the conveyances provided for in this section. ‘‘(2) PURPOSE.—The purpose of this section is to au- thorize and direct the Secretary, at the election of KNA, to complete the conveyances provided for in this section. ‘‘(c) DEFINITIONS.—For purposes of this section, the term— ‘‘(1) ‘ANCSA’ means the Alaska Native Claims Set- tlement Act of 1971 (43 U.S.C. 1601 et seq.); ‘‘(2) ‘ANILCA’ means the Alaska National Interest Lands Conservation Act (Public Law 96–487; 94 Stat. 2371 et seq. [see Short Title note set out under section 3101 of Title 16, Conservation]); ‘‘(3) ‘conservation system unit’ has the same mean- ing as in section 102(4) of ANILCA (16 U.S.C. 3102(4)); ‘‘(4) ‘CIRI’ means the Cook Inlet Region, Inc., a Na- tive Regional Corporation incorporated in the State of Alaska pursuant to the terms of ANCSA; Page 590 TITLE 43—PUBLIC LANDS § 1784 ‘‘(5) ‘EVOS’ means the Exxon Valdez oil spill; ‘‘(6) ‘KNA’ means the Kenai Natives Association, Inc., an urban corporation incorporated in the State of Alaska pursuant to the terms of ANCSA; ‘‘(7) ‘lands’ means any lands, waters, or interests therein; ‘‘(8) ‘Refuge’ means the Kenai National Wildlife Refuge; ‘‘(9) ‘Secretary’ means the Secretary of the Inte- rior; ‘‘(10) ‘Service’ means the United States Fish and Wildlife Service; and ‘‘(11) ‘Terms and Conditions’ means the Terms and Conditions for Land Consolidation and Management in the Cook Inlet Area, as clarified on August 31, 1976, ratified by section 12 of Public Law 94–204 (43 U.S.C. 1611 note). ‘‘(d) ACQUISITION OF LANDS.— ‘‘(1) OFFER TO KNA.— ‘‘(A) IN GENERAL.—Subject to the availability of the funds identified in paragraph (2)(C), no later than 90 days after the date of enactment of this sec- tion [Nov. 12, 1996], the Secretary shall offer to con- vey to KNA the interests in land and rights set forth in paragraph (2)(B), subject to valid existing rights, in return for the conveyance by KNA to the United States of the interests in land or relinquish- ment of ANCSA selections set forth in paragraph (2)(A). Payment for the lands conveyed to the United States by KNA is contingent upon KNA’s ac- ceptance of the entire conveyance outlined herein. ‘‘(B) LIMITATION.—The Secretary may not convey any lands or make payment to KNA under this sec- tion unless title to the lands to be conveyed by KNA under this section has been found by the United States to be sufficient in accordance with the provisions of section 355 of the Revised Statutes (40 U.S.C. 255) [now 40 U.S.C. 3111, 3112]. ‘‘(2) ACQUISITION LANDS.— ‘‘(A) LANDS TO BE CONVEYED TO THE UNITED STATES.—The lands to be conveyed by KNA to the United States, or the valid selection rights under ANCSA to be relinquished, all situated within the boundary of the Refuge, are the following: ‘‘(i) The conveyance of approximately 803 acres located along and on islands within the Kenai River, known as the Stephanka Tract. ‘‘(ii) The conveyance of approximately 1,243 acres located along the Moose River, known as the Moose River Patented Lands Tract. ‘‘(iii) The relinquishment of KNA’s selection known as the Moose River Selected Tract, con- taining approximately 753 acres located along the Moose River. ‘‘(iv) The relinquishment of KNA’s remaining ANCSA entitlement of approximately 454 acres. ‘‘(v) The relinquishment of all KNA’s remaining overselections. Upon completion of all relin- quishments outlined above, all KNA’s entitlement shall be deemed to be extinguished and the com- pletion of this acquisition will satisfy all of KNA’s ANCSA entitlement. ‘‘(vi) The conveyance of an access easement pro- viding the United States and its assigns access across KNA’s surface estate in the SW1⁄4 of sec- tion 21, T. 6 N., R. 9 W., Seward Meridian, Alaska. ‘‘(vii) The conveyance of approximately 100 acres within the Beaver Creek Patented Tract, which is contiguous to lands being retained by the United States contiguous to the Beaver Creek Patented Tract, in exchange for 280 acres of Serv- ice lands currently situated within the Beaver Creek Selected Tract. ‘‘(B) LANDS TO BE CONVEYED TO KNA.—The rights provided or lands to be conveyed by the United States to KNA, are the following: ‘‘(i) The surface and subsurface estate to ap- proximately 5 acres, subject to reservations of easements for existing roads and utilities, located within the city of Kenai, Alaska, identified as United States Survey 1435, withdrawn by Execu- tive Order 2943 and known as the old Fish and Wildlife Service Headquarters site. ‘‘(ii) The remaining subsurface estate held by the United States to approximately 13,651 acres, including portions of the Beaver Creek Patented Tract, the Beaver Creek Selected Tract, and por- tions of the Swanson River Road West Tract and the Swanson River Road East Tract, where the surface was previously or will be conveyed to KNA pursuant to this Act but excluding the SW1⁄4 of section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska, which will be retained by the United States. The conveyance of these subsurface inter- ests will be subject to the rights of CIRI to the coal, oil, gas, and to all rights CIRI, its succes- sors, and assigns would have under paragraph 1(B) of the Terms and Conditions, including the right to sand and gravel, to construct facilities, to have rights-of-way, and to otherwise develop it sub- surface interests. ‘‘(iii)(I) The nonexclusive right to use sand and gravel which is reasonably necessary for on-site development without compensation or permit on those portions of the Swanson River Road East Tract, comprising approximately 1,738.04 acres; where the entire subsurface of the land is pres- ently owned by the United States. The United States shall retain the ownership of all other sand and gravel located within the subsurface and KNA shall not sell or dispose of such sand and gravel. ‘‘(II) The right to excavate within the sub- surface estate as reasonably necessary for struc- tures, utilities, transportation systems, and other development of the surface estate. ‘‘(iv) The nonexclusive right to excavate within the subsurface estate as reasonably necessary for structures, utilities, transportation systems, and other development of the surface estate on the SW1⁄4, section 21, T. 6 N., R. 9 W., Seward Merid- ian, Alaska, where the entire subsurface of the land is owned by the United States and which public lands shall continue to be withdrawn from mining following their removal from the Refuge boundary under paragraph (3)(A)(ii). The United States shall retain the ownership of all other sand and gravel located within the subsurface of this parcel. ‘‘(v) The surface estate of approximately 280 acres known as the Beaver Creek Selected Tract. This tract shall be conveyed to KNA in exchange for lands conveyed to the United States as de- scribed in paragraph (2)(A)(ii). ‘‘(C) PAYMENT.—The United States shall make a total cash payment to KNA for the above-described lands of $4,443,000, contingent upon the appropriate approvals of the Federal or State of Alaska EVOS Trustees (or both) necessary for any expenditure of the EVOS settlement funds. ‘‘(D) NATIONAL REGISTER OF HISTORIC PLACES.— Upon completion of the acquisition authorized in paragraph (1), the Secretary shall, at no cost to KNA, in coordination with KNA, promptly under- take to nominate the Stephanka Tract to the Na- tional Register of Historic Places, in recognition of the archaeological artifacts from the original Dena’ina Settlement. If the Department of the Inte- rior establishes a historical, cultural, or archae- ological interpretive site, KNA shall have the ex- clusive right to operate a Dena’ina interpretive site on the Stephanka Tract under the regulations and policies of the department. If KNA declines to oper- ate such a site, the department may do so under its existing authorities. Prior to the department un- dertaking any archaeological activities whatsoever on the Stephanka Tract, KNA shall be consulted. ‘‘(3) GENERAL PROVISIONS.— ‘‘(A) REMOVAL OF KNA LANDS FROM THE NATIONAL WILDLIFE REFUGE SYSTEM.— Page 591 TITLE 43—PUBLIC LANDS § 1784 ‘‘(i) Effective on the date of closing for the Ac- quisition Lands identified in paragraph (2)(B), all lands retained by or conveyed to KNA pursuant to this section, and the subsurface interests of CIRI underlying such lands shall be automatically re- moved from the National Wildlife Refuge System and shall neither be considered as part of the Ref- uge nor subject to any laws pertaining solely to lands within the boundaries of the Refuge. The conveyance restrictions imposed by section 22(g) of ANCSA [43 U.S.C. 1621(g)] (i) shall then be inef- fective and cease to apply to such interests of KNA and CIRI, and (ii) shall not be applicable to the interests received by KNA in accordance with paragraph (2)(B) or to the CIRI interests under- lying them. The Secretary shall adjust the bound- aries of the Refuge so as to exclude all interests in lands retained or received in exchange by KNA in accordance with this section, including both surface and subsurface, and shall also exclude all interests currently held by CIRI. On lands within the Swanson River Road East Tract, the bound- ary adjustment shall only include the surface es- tate where the subsurface estate is retained by the United States. ‘‘(ii)(I) The Secretary, KNA, and CIRI shall exe- cute an agreement within 45 days of the date of enactment of this section [Nov. 12, 1996] which preserves CIRI’s rights under paragraph 1(B)(1) of the Terms and Conditions, addresses CIRI’s obli- gations under such paragraph, and adequately ad- dresses management issues associated with the boundary adjustment set forth in this section and with the differing interests in land resulting from enactment of this section. ‘‘(II) In the event that no agreement is executed as provided for in subclause (I), solely for the pur- poses of administering CIRI’s rights under para- graph 1(B)(1) of the Terms and Conditions, the Secretary and CIRI shall be deemed to have re- tained their respective rights and obligations with respect to CIRI’s subsurface interests under the requirements of the Terms and Conditions in effect on June 18, 1996. Notwithstanding the boundary adjustments made pursuant to this sec- tion, conveyances to KNA shall be deemed to re- main subject to the Secretary’s and CIRI’s rights and obligations under paragraph 1(B)(1) of the Terms and Conditions. ‘‘(iii) The Secretary is authorized to acquire by purchase or exchange, on a willing seller basis only, any lands retained by or conveyed to KNA. In the event that any lands owned by KNA are subsequently acquired by the United States, they shall be automatically included in the Refuge System. The laws and regulations applicable to Refuge lands shall then apply to these lands and the Secretary shall then adjust the boundaries ac- cordingly. ‘‘(iv) Nothing in this section is intended to en- large or diminish the authorities, rights, duties, obligations, or the property rights held by CIRI under the Terms and Conditions, or otherwise ex- cept as set forth in this section. In the event of the purchase by the United States of any lands from KNA in accordance with subparagraph (A)(ii), the United States shall reassume from KNA the rights it previously held under the Terms and Conditions and the provisions in any patent implementing section 22(g) of ANCSA [43 U.S.C. 1621(g)] will again apply. ‘‘(v) By virtue of implementation of this sec- tion, CIRI is deemed entitled to 1,207 acres of in- lieu subsurface entitlement under section 12(a)(1) of ANCSA [43 U.S.C. 1611(a)(1)]. Such entitlement shall be fulfilled in accordance with paragraph 1(B)(2)(A) of the Terms and Conditions. ‘‘(B) MAPS AND LEGAL DESCRIPTIONS.—Maps and a legal description of the lands described above shall be on file and available for public inspection in the appropriate offices of the United States Depart- ment of the Interior, and the Secretary shall, no later than 90 days after enactment of this section, prepare a legal description of the lands described in paragraph (2)(A)(vii). Such maps and legal descrip- tion shall have the same force and effect as if in- cluded in the section, except that the Secretary may correct clerical and typographical errors. ‘‘(C) ACCEPTANCE.—KNA may accept the offer made in this section by notifying the Secretary in writing of its decision within 180 days of receipt of the offer. In the event the offer is rejected, the Sec- retary shall notify the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate. ‘‘(D) FINAL MAPS.—Not later than 120 days after the conclusion of the acquisition authorized by paragraph (1), the Secretary shall transmit a final report and maps accurately depicting the lands transferred and conveyed pursuant to this section and the acreage and legal descriptions of such lands to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Energy and Natural Re- sources and the Committee on Environment and Public Works of the Senate. ‘‘(e) ADJUSTMENTS TO NATIONAL WILDERNESS SYS- TEM.—Upon acquisition of lands by the United States pursuant to subsection (d)(2)(A), that portion of the Stephanka Tract lying south and west of the Kenai River, consisting of approximately 592 acres, shall be included in and managed as part of the Kenai Wilder- ness and such lands shall be managed in accordance with the applicable provisions of the Wilderness Act and ANILCA. ‘‘(f) DESIGNATION OF LAKE TODATONTEN SPECIAL MAN- AGEMENT AREA.— ‘‘(1) PURPOSE.—To balance the potential effects on fish, wildlife, and habitat of the removal of KNA lands from the Refuge System, the Secretary is here- by directed to withdraw, subject to valid existing rights, from location, entry, and patent under the mining laws and to create as a special management unit for the protection of fish, wildlife, and habitat, certain unappropriated and unreserved public lands, totaling approximately 37,000 acres adjacent to the west boundary of the Kanuti National Wildlife Refuge to be known as the ‘Lake Todatonten Special Man- agement Area’, as depicted on the map entitled ‘Pro- posed: Lake Todatonten Special Management Area’, dated June 13, 1996, and to be managed by the Bureau of Land Management. ‘‘(2) MANAGEMENT.— ‘‘(A) Such designation is subject to all valid exist- ing rights as well as the subsistence preferences provided under title VIII of ANILCA [16 U.S.C. 3111 et seq.]. Any lands conveyed to the State of Alaska shall be removed from the Lake Todatonten Special Management Area. ‘‘(B) The Secretary may permit any additional uses of the area, or grant easements, only to the ex- tent that such use, including leasing under the min- eral leasing laws, is determined to not detract from nor materially interfere with the purposes for which the Special Management Area is established. ‘‘(C)(i) The BLM shall establish the Lake Todatonten Special Management Area Committee. The membership of the Committee shall consist of 11 members as follows: ‘‘(I) Two residents each from the villages of Alatna, Allakaket, Hughes, and Tanana. ‘‘(II) One representative from each of Doyon Corporation, the Tanana Chiefs Conference, and the State of Alaska. ‘‘(ii) Members of the Committee shall serve with- out pay. ‘‘(iii) The BLM shall hold meetings of the Lake Todatonten Special Management Area Committee Page 592 TITLE 43—PUBLIC LANDS § 1785 at least once per year to discuss management issues within the Special Management Area. The BLM shall not allow any new type of activity in the Spe- cial Management Area without first conferring with the Committee in a timely manner. ‘‘(3) ACCESS.—The Secretary shall allow the fol- lowing: ‘‘(A) Private access for any purpose, including economic development, to lands within the bound- aries of the Special Management Area which are owned by third parties or are held in trust by the Secretary for third parties pursuant to the Alaska Native Allotment Act (25 U.S.C. 336). Such rights may be subject to restrictions issued by the BLM to protect subsistence uses of the Special Management Area. ‘‘(B) Existing public access across the Special Management Area. Section 1110(a) of ANILCA [16 U.S.C. 3170(a)] shall apply to the Special Manage- ment Area. ‘‘(4) SECRETARIAL ORDER AND MAPS.—The Secretary shall file with the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Environ- ment and Public Works of the Senate, the Secretarial Order and maps setting forth the boundaries of the Area within 90 days of the completion of the acquisi- tion authorized by this section. Once established, this Order may only be amended or revoked by Act of Congress. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.’’ § 1785. Fossil Forest Research Natural Area (a) Establishment To conserve and protect natural values and to provide scientific knowledge, education, and in- terpretation for the benefit of future genera- tions, there is established the Fossil Forest Re- search Natural Area (referred to in this section as the ‘‘Area’’), consisting of the approximately 2,770 acres in the Farmington District of the Bu- reau of Land Management, New Mexico, as gen- erally depicted on a map entitled ‘‘Fossil For- est’’, dated June 1983. (b) Map and legal description (1) In general As soon as practicable after November 12, 1996, the Secretary of the Interior shall file a map and legal description of the Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (2) Force and effect The map and legal description described in paragraph (1) shall have the same force and ef- fect as if included in this Act. (3) Technical corrections The Secretary of the Interior may correct clerical, typographical, and cartographical er- rors in the map and legal description subse- quent to filing the map pursuant to paragraph (1). (4) Public inspection The map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior. (c) Management (1) In general The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall manage the Area— (A) to protect the resources within the Area; and (B) in accordance with this Act, the Fed- eral Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other appli- cable provisions of law. (2) Mining (A) Withdrawal Subject to valid existing rights, the lands within the Area are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws per- taining to mineral leasing, geothermal leas- ing, and mineral material sales. (B) Coal preference rights The Secretary of the Interior is authorized to issue coal leases in New Mexico in ex- change for any preference right coal lease application within the Area. Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. (C) Oil and gas leases Operations on oil and gas leases issued prior to November 12, 1996, shall be subject to the applicable provisions of Group 3100 of title 43, Code of Federal Regulations (includ- ing section 3162.5–1), and such other terms, stipulations, and conditions as the Secretary of the Interior considers necessary to avoid significant disturbance of the land surface or impairment of the natural, educational, and scientific research values of the Area in ex- istence on November 12, 1996. (3) Grazing Livestock grazing on lands within the Area may not be permitted. (d) Inventory Not later than 3 full fiscal years after Novem- ber 12, 1996, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall develop a baseline inventory of all categories of fossil resources within the Area. After the inventory is developed, the Sec- retary shall conduct monitoring surveys at in- tervals specified in the management plan devel- oped for the Area in accordance with subsection (e). (e) Management plan (1) In general Not later than 5 years after November 12, 1996, the Secretary of the Interior shall de- velop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Rep- resentatives a management plan that de- scribes the appropriate use of the Area con- sistent with this subsection.