16 U.S.C. § 3162 — Definitions

Page 2250 TITLE 16—CONSERVATION § 3150 as the Mineral Leasing Act, which is classified gen- erally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 181 of Title 30 and Tables. § 3150. Alaska mineral resource assessment pro- gram (a) Mineral assessments The Secretary shall, to the full extent of his authority, assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with re- spect to the mineral potential of such lands. The mineral assessment program may include, but shall not be limited to, techniques such as side- looking radar imagery and, on public lands other than such lands within the national park system, core and test drilling for geologic infor- mation, notwithstanding any restriction on such drilling under the Wilderness Act [16 U.S.C. 1131 et seq.]. For purposes of this Act, core and test drilling means the extraction by drilling of sub- surface geologic samples in order to assess the metalliferous or other mineral values of geo- logic terrain, but shall not be construed as in- cluding exploratory drilling of oil and gas test wells. To the maximum extent practicable, the Secretary shall consult and exchange informa- tion with the State of Alaska regarding the re- sponsibilities of the Secretary under this section and similar programs undertaken by the State. In order to carry out mineral assessments au- thorized under this or any other law, including but not limited to the National Uranium Re- source Evaluation program, the Secretary shall allow for access by air for assessment activities permitted in this subsection to all public lands involved in such study. He shall consult with the Secretary of Energy and heads of other Federal agencies carrying out such programs, to deter- mine such reasonable requirements as may be necessary to protect the resources of such area, including fish and wildlife. Such requirements may provide that access will not occur during nesting, calving, spawning or such other times as fish and wildlife in the specific area may be especially vulnerable to such activities. The Secretary is authorized to enter into contracts with public or private entities to carry out all or any portion of the mineral assessment pro- gram. This section shall not apply to the lands described in section 3141 of this title. (b) Regulations Activities carried out in conservation system units under subsection (a) shall be subject to regulations promulgated by the Secretary. Such regulations shall ensure that such activities are carried out in an environmentally sound man- ner— (1) which does not result in lasting environ- mental impacts which appreciably alter the natural character of the units or biological or ecological systems in the units; and (2) which is compatible with the purposes for which such units are established. (Pub. L. 96–487, title X, § 1010, Dec. 2, 1980, 94 Stat. 2456.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. This Act, referred to in subsec. (a), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3151. Omitted Editorial Notes CODIFICATION Section, Pub. L. 96–487, title X, § 1011, Dec. 2, 1980, 94 Stat. 2457; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172, which required the President to annually transmit to Congress all pertinent public information relating to minerals in Alaska gathered by the United States Geo- logical Surveys, United States Bureau of Mines, and any other Federal agency, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 32 of House Doc- ument No. 103–7. SUBCHAPTER IV—TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS § 3161. Congressional declaration of findings Congress finds that— (a) Alaska’s transportation and utility net- work is largely undeveloped and the future needs for transportation and utility systems in Alaska would best be identified and provided for through an orderly, continuous decisionmaking process involving the State and Federal Govern- ments and the public; (b) the existing authorities to approve or dis- approve applications for transportation and util- ity systems through public lands in Alaska are diverse, dissimilar, and, in some cases, absent; and (c) to minimize the adverse impacts of siting transportation and utility systems within units established or expanded by this Act and to in- sure the effectiveness of the decisionmaking process, a single comprehensive statutory au- thority for the approval or disapproval of appli- cations for such systems must be provided in this Act. (Pub. L. 96–487, title XI, § 1101, Dec. 2, 1980, 94 Stat. 2457.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3162. Definitions For purposes of this subchapter— Page 2251 TITLE 16—CONSERVATION § 3164 (1) The term ‘‘applicable law’’ means any law of general applicability (other than this sub- chapter) under which any Federal department or agency has jurisdiction to grant any authoriza- tion (including but not limited to, any right-of- way, permit, license, lease, or certificate) with- out which a transportation or utility system cannot, in whole or in part, be established or op- erated. (2) The term ‘‘applicant’’ means any public or private person, including, but not limited to, any Federal department or agency. (3) The term ‘‘Federal agency’’ means any Federal department or agency that has any function or duty under applicable law. (4)(A) The term ‘‘transportation or utility sys- tem’’ means any type of system described in subparagraph (B) if any portion of the route of the system will be within any conservation sys- tem unit, national recreation area, or national conservation area in the State (and the system is not one that the department or agency having jurisdiction over the unit or area is establishing incident to its management of the unit or area). (B) The types of systems to which subpara- graph (A) applies are as follows: (i) Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other systems for the transportation of water. (ii) Pipelines and other systems for the transportation of liquids other than water, in- cluding oil, natural gas, synthetic liquid and gaseous fuels, and any refined product pro- duced therefrom. (iii) Pipelines, slurry and emulsion systems and conveyor belts for the transportation of solid materials. (iv) Systems for the transmission and dis- tribution of electric energy. (v) Systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and other means of communication. (vi) Improved rights-of-way for snow ma- chines, air cushion vehicles, and other all-ter- rain vehicles. (vii) Roads, highways, railroads, tunnels, tramways, airports, landing strips, docks, and other systems of general transportation. Any system described in this subparagraph in- cludes such related structures and facilities (both temporary and permanent) along the route of the system as may be minimally necessary for the construction, operation, and mainte- nance of the system. Such related structures and facilities shall be described in the applica- tion required by section 3164 of this title, and shall be approved or disapproved in accordance with the procedures set forth in this subchapter. (Pub. L. 96–487, title XI, § 1102, Dec. 2, 1980, 94 Stat. 2458.) § 3163. Effect on other laws Except as specifically provided for in this sub- chapter, applicable law shall apply with respect to the authorization and administration of transportation or utility systems. (Pub. L. 96–487, title XI, § 1103, Dec. 2, 1980, 94 Stat. 2459.) § 3164. Procedural requirements (a) In general Notwithstanding any provision of applicable law, no action by any Federal agency under ap- plicable law with respect to the approval or dis- approval of the authorization, in whole or in part, of any transportation or utility system shall have any force or effect unless the provi- sions of this section are complied with. (b) Consolidated applications (1) Within one hundred and eighty days after December 2, 1980, the Secretary, the Secretary of Agriculture, and the Secretary of Transpor- tation, in consultation with the heads of other appropriate Federal agencies, shall jointly pre- scribe and publish a consolidated application form to be used for applying for the approval of each type of transportation or utility system. Each such application form shall be designed to elicit such information as may be necessary to meet the requirements of this subchapter and the applicable law with respect to the type of system concerned. (2) For purposes of this section, the heads of all appropriate Federal agencies, including the Secretary of Transportation, shall share deci- sionmaking responsibility in the case of any transportation or utility system described in section 3162(4)(B)(ii), (iii), or (vii) of this title; but with respect to any such system for which he does not have programmatic responsibility, the Secretary of Transportation shall provide to the other Federal agencies concerned such plan- ning and other assistance as may be appropriate. (c) Filing Each applicant for the approval of any trans- portation or utility system shall file on the same day an application with each appropriate Federal agency. The applicant shall utilize the consolidated form prescribed under subsection (b) for the type of transportation or utility sys- tem concerned. (d) Agency notice (1) Within sixty days after the receipt of an application filed pursuant to subsection (c), the head of each Federal agency with whom the ap- plication was filed shall inform the applicant in writing that, on its face— (A) the application appears to contain the information required by this subchapter and applicable law insofar as that agency is con- cerned; or (B) the application does not contain such in- formation. (2) Any notice provided under paragraph (1)(B) shall specify what additional information the applicant must provide. If the applicant provides additional information, the head of the Federal agency must inform the applicant in writing, within thirty days after receipt of such informa- tion, whether the information is sufficient. (e) Environmental impact statement The draft of any environmental impact state- ment required under the National Environ- mental Policy Act of 1969 [42 U.S.C. 4321 et seq.] in connection with any application filed under this section shall be completed, within nine