16 U.S.C. § 410hh — Establishment of new areas
submitted 46 years ago by Pub. L. 96-487 to r/title-16-CONSERVATION · 2,414 words · no verdicts yet
This section creates ten new national park, monument, and preserve units in Alaska. Each unit protects its own wildlife, scenery, and history. Local residents may keep hunting and fishing there for subsistence in most of the units. The law also protects existing reindeer grazing, one Arctic road crossing, and specific spots where aircraft may land.
This section creates ten new areas as units of the National Park System. The Secretary must run each one under the general laws that govern that kind of area (park, monument, or preserve) and under this Act.
(1) Aniakchak National Monument and Preserve: The monument covers about 138,000 acres of public land, and the preserve covers about 376,000 acres, shown on a 1978 map. They must be managed to: keep the volcanic caldera and its features, including the Aniakchak River and other lakes and streams, in their natural state; study and interpret the natural process by which plants and animals repopulate an area after a disturbance ("biological succession"); protect habitat and populations of fish and wildlife, including brown/grizzly bears, moose, caribou, sea lions, seals, and other marine mammals, geese, swans, and other waterfowl; and explain the area's geology and biology to visitors in a way consistent with those goals. Local residents may continue traditional subsistence hunting and fishing in the monument, under the rules in subchapter II of chapter 51 of this title.
(2) Bering Land Bridge National Preserve: About 2,457,000 acres of public land, shown on a 1978 map, managed to: protect and explain arctic plant communities, volcanic lava flows, ash explosions, coastal formations, and other geologic processes; protect habitat for large numbers of migratory birds; support archeological and paleontological study — done with Native Alaskans — of how plants, animals, and people moved between North America and Asia; protect habitat and populations of fish and wildlife, including marine mammals, brown/grizzly bears, moose, and wolves; let reindeer grazing continue, with its necessary equipment and facilities, in areas that had grazing permits as of January 1, 1976, following sound range management and reasonable Secretary rules; protect subsistence resources; and support outdoor recreation and environmental education, including public access to the Serpentine Hot Springs area. The Secretary must let people keep traveling, in their customary way, during periods of good snow cover, within a 100-foot-wide path along an existing route from Deering to the Taylor Highway, subject to reasonable rules that keep the travel consistent with the preserve's purposes.
(3) Cape Krusenstern National Monument: About 560,000 acres of public land, shown on a 1979 map, managed to: protect and explain a series of archeological sites covering every known cultural period in arctic Alaska; support scientific study of how people first populated the area from Asia; preserve and explain, with Native Alaskans, evidence of prehistoric and historic Native cultures; protect habitat for seals and other marine mammals, birds, other wildlife, and fish; and protect subsistence resources. Local residents may continue traditional subsistence hunting and fishing under subchapter II of chapter 51 of this title.
(4) Gates of the Arctic National Park and Preserve: (a) The park covers about 7,052,000 acres and the preserve about 900,000 acres, shown on a 1980 map, managed to: keep the area's wild, undeveloped character, solitude, and the mountains', rivers', lakes', and other features' natural beauty and integrity; provide continued, reasonable access for mountain climbing and other wilderness recreation; and protect habitat and populations of caribou, grizzly bears, Dall sheep, moose, wolves, and birds of prey. Local residents may continue traditional subsistence uses in the park under subchapter II of chapter 51. (b) Congress finds a need for a surface transportation right-of-way across the Western (Kobuk River) unit of the preserve, from the Ambler Mining District to the Alaska Pipeline Haul Road, and the Secretary must allow that access under this subsection. (c) Once someone applies for that right-of-way under section 3164(b) and (c) of this title, the Secretary must publish a Federal Register notice giving other applicants 30 days to apply too. (d) The Secretary and the Secretary of Transportation must jointly prepare an environmental and economic analysis — instead of a full environmental impact statement — to pick the best route and set the right-of-way's terms and conditions. This analysis must be finished within a year (with a draft within nine months) of receiving the application, follows the procedures in section 3164(e) of this title, satisfies all National Environmental Policy Act requirements in place of an EIS, and is not subject to judicial review. In preparing it, the Secretaries must consider (i) alternative routes that would cause fewer or less severe harms to the preserve, and (ii) the route's environmental, social, and economic impact — including on wildlife, fish, habitat, and rural and subsistence lifestyles — and ways to avoid or reduce negative impacts and increase positive ones. (e) Within 60 days after finishing that analysis, the Secretaries must jointly agree on a route, and the right-of-way must then be issued under section 3167 of this title.
(5) Kenai Fjords National Park: About 567,000 acres of public land, shown on a 1978 map, managed to: keep the Harding Icefield, its glaciers, and the coastal fjords and islands scenically and environmentally intact; and protect seals, sea lions, other marine mammals, and birds, keeping their breeding and resting areas free from disruptive human activity. Consistent with those goals, the Secretary may develop access to the Harding Icefield and allow mechanized equipment on the icefield for recreation.
(6) Kobuk Valley National Park: About 1,710,000 acres of public land, shown on a 1979 map, managed to: keep the Kobuk River Valley's natural features — including the Kobuk and Salmon Rivers, the boreal forest, and the Great Kobuk Sand Dunes — undeveloped; protect and explain, with Native Alaskans, archeological sites tied to Native cultures; protect the Arctic caribou herd's migration routes; protect habitat and populations of caribou, moose, black and grizzly bears, wolves, and waterfowl; and protect subsistence resources. Local residents may continue traditional subsistence uses under subchapter II of chapter 51. Except when and where it would conflict with the park's purposes, the Secretary must keep letting aircraft land at sites in the upper Salmon River watershed.
(7) Lake Clark National Park and Preserve: (a) The park covers about 2,439,000 acres and the preserve about 1,214,000 acres, shown on a 1978 map, managed to: protect the watershed that supports Bristol Bay's red salmon fishery; keep the scenic beauty of parts of the Alaska Range and Aleutian Range — including active volcanoes, glaciers, wild rivers, lakes, waterfalls, and alpine meadows — intact; and protect habitat and populations of caribou, Dall sheep, brown/grizzly bears, bald eagles, and peregrine falcons. (b) Land conveyed to the Nondalton Village Corporation is not considered part of the park or preserve; if the corporation wants to sell such land, the Secretary may buy it with the owner's consent, and it then becomes part of the park or preserve. Local residents may continue traditional subsistence uses in the park under subchapter II of chapter 51.
(8) Noatak National Preserve: (a) About 6,477,168 acres of public land, shown on 1980 and 1994 maps, managed to: keep the Noatak River and nearby uplands geologically and biologically intact, free from harmful human disturbance; protect habitat and populations of caribou, grizzly bears, Dall sheep, moose, wolves, waterfowl, birds of prey, and other birds; protect archeological resources; and support scientific research. The Secretary may set up a board of scientists and other experts to help run research efforts in the preserve. (b) Land east of the centerline of the Noatak River's main channel that (1) was withdrawn for selection by the Village of Noatak under the Alaska Native Claims Settlement Act, or under a related village-deficiency withdrawal, (2) sits next to public land in a National Park System unit created by this Act, and (3) was not conveyed to that village or another Native Corporation before the "final conveyance date," automatically becomes part of the adjacent park-system unit on that date, regardless of the acreage figures stated above, and is managed the same way as the rest of that unit. "Final conveyance date" means the date land is conveyed, under the Alaska Native Claims Settlement Act or by this Act, to the Village of Noatak or to whichever Native Corporation completes that village's or corporation's entitlement to the withdrawn land.
(9) Wrangell-Saint Elias National Park and Preserve: The park covers about 8,147,000 acres and the preserve about 4,171,000 acres, shown on a 1980 map, managed to: keep the scenic beauty of the high mountain peaks, foothills, glaciers, lakes, streams, valleys, and coastal land intact; protect habitat and populations of caribou, brown/grizzly bears, Dall sheep, moose, wolves, trumpeter swans and other waterfowl, and marine mammals; and provide continued, reasonable access for mountain climbing and other wilderness recreation. Local residents may continue traditional subsistence uses in the park under subchapter II of chapter 51.
(10) Yukon-Charley Rivers National Preserve: About 1,713,000 acres of public land, shown on a 1978 map, managed to: keep the entire Charley River basin — its streams, lakes, and other features — undeveloped and natural, for public benefit and scientific study; protect habitat and populations of peregrine falcons and other birds of prey, caribou, moose, Dall sheep, grizzly bears, and wolves; and protect and explain historic sites tied to the Yukon River gold rush, along with the area's geological, paleontological, and cultural history. Except when and where it would conflict with the preserve's purposes, the Secretary must keep letting aircraft land at sites in the Upper Charley River watershed.
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:
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.
Bering Land Bridge National Preserve, containing approximately two million four hundred and fifty-seven thousand acres of public land, as generally depicted on map numbered BELA–90,005, and dated October 1978. The preserve shall be managed for the following purposes, among others: To protect and interpret examples of arctic plant communities, volcanic lava flows, ash explosions, coastal formations, and other geologic processes; to protect habitat for internationally significant populations of migratory birds; to provide for archeological and paleontological study, in cooperation with Native Alaskans, of the process of plant and animal migration, including man, between North America and the Asian Continent; to protect habitat for, and populations of, fish and wildlife including, but not limited to, marine mammals, brown/grizzly bears, moose, and wolves; subject to such reasonable regulations as the Secretary may prescribe, to continue reindeer grazing use, including necessary facilities and equipment, within the areas which on January 1, 1976, were subject to reindeer grazing permits, in accordance with sound range management practices; to protect the viability of subsistence resources; and in a manner consistent with the foregoing, to provide for outdoor recreation and environmental education activities including public access for recreational purposes to the Serpentine Hot Springs area. The Secretary shall permit the continuation of customary patterns and modes of travel during periods of adequate snow cover within a one-hundred-foot right-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.
Cape Krusenstern National Monument, containing approximately five hundred and sixty thousand acres of public lands, as generally depicted on map numbered CAKR–90,007, and dated October 1979. The monument shall be managed for the following purposes, among others: To protect and interpret a series of archeological sites depicting every known cultural period in arctic Alaska; to provide for scientific study of the process of human population of the area from the Asian Continent; in cooperation with Native Alaskans, to preserve and interpret evidence of prehistoric and historic Native cultures; to protect habitat for seals and other marine mammals; to protect habitat for and populations of, birds, and other wildlife, and fish resources; and to protect the viability of subsistence resources. Subsistence uses by local residents shall be permitted in the monument in accordance with the provisions of subchapter II of chapter 51 of this title.
Gates of the Arctic National Park, containing approximately seven million fifty-two thousand acres of public lands, Gates of the Arctic National Preserve, containing approximately nine hundred thousand acres of Federal lands, as generally depicted on map numbered GAAR–90,011, and dated July 1980. The park and preserve shall be managed for the following purposes, among others: To maintain the wild and undeveloped character of the area, including opportunities for visitors to experience solitude, and the natural environmental integrity and scenic beauty of the mountains, forelands, rivers, lakes, and other natural features; to provide continued opportunities, including reasonable access, for mountain climbing, mountaineering, and other wilderness recreational activities; and to protect habitat for and the populations of, fish and wildlife, including, but not limited to, caribou, grizzly bears, Dall sheep, moose, wolves, and raptorial birds. Subsistence uses by local residents shall be permitted in the park, where such uses are traditional, in accordance with the provisions of subchapter II of chapter 51 of this title.
(b)Congress finds that there is a need for access for surface transportation purposes across the Western (Kobuk River) unit of the Gates of the Arctic National Preserve (from the Ambler Mining District to the Alaska Pipeline Haul Road) and the Secretary shall permit such access in accordance with the provisions of this subsection.
(c)Upon the filing of an application pursuant to section 3164(b) and (c) of this title for a right-of-way across the Western (Kobuk River) unit of the preserve, including the Kobuk Wild and Scenic River, the Secretary shall give notice in the Federal Register of a thirty-day period for other applicants to apply for access.
(d)The Secretary and the Secretary of Transportation shall jointly prepare an environmental and economic analysis solely for the purpose of determining the most desirable route for the right-of-way and terms and conditions which may be required for the issuance of that right-of-way. This analysis shall be completed within one year and the draft thereof within nine months of the receipt of the application and shall be prepared in lieu of an environmental impact statement which would otherwise be required under section 102(2)(C) of the National Environmental Policy Act [42 U.S.C. 4332(2)(C)]. Such analysis shall be deemed to satisfy all requirements of that Act [42 U.S.C. 4321 et seq.] and shall not be subject to judicial review. Such environmental and economic analysis shall be prepared in accordance with the procedural requirements of section 3164(e) of this title. The Secretaries in preparing the analysis shall consider the following—
(i)Alternative routes including the consideration of economically feasible and prudent alternative routes across the preserve which would result in fewer or less severe adverse impacts upon the preserve.
(ii)The environmental and social and economic impact of the right-of-way including impact upon wildlife, fish, and their habitat, and rural and traditional lifestyles including subsistence activities, and measures which should be instituted to avoid or minimize negative impacts and enhance positive impacts.
(e)Within 60 days of the completion of the environmental and economic analysis, the Secretaries shall jointly agree upon a route for issuance of the right-of-way across the preserve. Such right-of-way shall be issued in accordance with the provisions of section 3167 of this title.
Kenai Fjords National Park, containing approximately five hundred and sixty-seven thousand acres of public lands, as generally depicted on map numbered KEFJ–90,007, and dated October 1978. The park shall be managed for the following purposes, among others: To maintain unimpaired the scenic and environmental integrity of the Harding Icefield, its outflowing glaciers, and coastal fjords and islands in their natural state; and to protect seals, sea lions, other marine mammals, and marine and other birds and to maintain their hauling and breeding areas in their natural state, free of human activity which is disruptive to their natural processes. In a manner consistent with the foregoing, the Secretary is authorized to develop access to the Harding Icefield and to allow use of mechanized equipment on the icefield for recreation.
Kobuk Valley National Park, containing approximately one million seven hundred and ten thousand acres of public lands as generally depicted on map numbered KOVA–90,009, and dated October 1979. The park shall be managed for the following purposes, among others: To maintain the environmental integrity of the natural features of the Kobuk River Valley, including the Kobuk, Salmon, and other rivers, the boreal forest, and the Great Kobuk Sand Dunes, in an undeveloped state; to protect and interpret, in cooperation with Native Alaskans, archeological sites associated with Native cultures; to protect migration routes for the Arctic caribou herd; to protect habitat for, and populations of, fish and wildlife including but not limited to caribou, moose, black and grizzly bears, wolves, and waterfowl; and to protect the viability of subsistence resources. Subsistence uses by local residents shall be permitted in the park in accordance with the provisions of subchapter II of chapter 51 of this title. Except at such times when, and locations where, to do so would be inconsistent with the purposes of the park, the Secretary shall permit aircraft to continue to land at sites in the upper Salmon River watershed.
Lake Clark National Park, containing approximately two million four hundred thirty-nine thousand acres of public lands, and Lake Clark National Preserve, containing approximately one million two hundred and fourteen thousand acres of public lands, as generally depicted on map numbered LACL–90,008, and dated October 1978. The park and preserve shall be managed for the following purposes, among others: To protect the watershed necessary for perpetuation of the red salmon fishery in Bristol Bay; to maintain unimpaired the scenic beauty and quality of portions of the Alaska Range and the Aleutian Range, including active volcanoes, glaciers, wild rivers, lakes, waterfalls, and alpine meadows in their natural state; and to protect habitat for and populations of fish and wildlife including but not limited to caribou, Dall sheep, brown/grizzly bears, bald eagles, and peregrine falcons.
(b)No lands conveyed to the Nondalton Village Corporation shall be considered to be within the boundaries of the park or preserve; if the corporation desires to convey any such lands, the Secretary may acquire such lands with the consent of the owner, and any such lands so acquired shall become part of the park or preserve, as appropriate. Subsistence uses by local residents shall be permitted in the park where such uses are traditional in accordance with the provisions of subchapter II of chapter 51 of this title.
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 maintain the environmental integrity of the Noatak River and adjacent uplands within the preserve in such a manner as to assure the continuation of geological and biological processes unimpaired by adverse human activity; to protect habitat for, and populations of, fish and wildlife, including but not limited to caribou, grizzly bears, Dall sheep, moose, wolves, and for waterfowl, raptors, and other species of birds; to protect archeological resources; and in a manner consistent with the foregoing, to provide opportunities for scientific research. The Secretary may establish a board consisting of scientists and other experts in the field of arctic research in order to assist him in the encouragement and administration of research efforts within the preserve.
(b)All lands located east of centerline of the main channel of the Noatak River which are—
(1)within
(A)any area withdrawn under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] for selection by the village of Noatak, and
(B)any village deficiency withdrawal under section 11(a)(3)(A) of such Act [43 U.S.C. 1610(a)(3)(A)] which is adjacent to the area described in subparagraph (i) 1 of this paragraph,
(2)adjacent to public lands within a unit of the National Park System as designated under this Act, and
(3)not conveyed to such Village or other Native Corporation before the final conveyance date, shall, on such final conveyance date, be added to and included within, the adjacent unit of the National Park System (notwithstanding the applicable acreage specified in this paragraph) and managed in the manner provided in the foregoing provisions of this paragraph. For purposes of the preceding sentence the term “final conveyance date” means the date of the conveyance of lands under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], or by operation of this Act, to the Village of Noatak, or to any other Native Corporation which completes the entitlement of such Village or other Corporation to conveyance of lands from the withdrawals referred to in subparagraph (1).
Wrangell-Saint Elias National Park, containing approximately eight million one hundred and forty-seven thousand acres of public lands, and Wrangell-Saint Elias National Preserve, containing approximately four million one hundred and seventy-one thousand acres of public lands, as generally depicted on map numbered WRST–90,007, and dated August 1980. The park and preserve shall be managed for the following purposes, among others: To maintain unimpaired the scenic beauty and quality of high mountain peaks, foothills, glacial systems, lakes, and streams, valleys, and coastal landscapes in their natural state; to protect habitat for, and populations of, fish and wildlife including but not limited to caribou, brown/grizzly bears, Dall sheep, moose, wolves, trumpeter swans and other waterfowl, and marine mammals; and to provide continued opportunities, including reasonable access for mountain climbing, mountaineering, and other wilderness recreational activities. Subsistence uses by local residents shall be permitted in the park, where such uses are traditional, in accordance with the provisions of subchapter II of chapter 51 of this title.
Yukon-Charley Rivers National Preserve, containing approximately one million seven hundred and thirteen thousand acres of public lands, as generally depicted on map numbered YUCH–90,008, and dated October 1978. The preserve shall be managed for the following purposes, among others: To maintain the environmental integrity of the entire Charley River basin, including streams, lakes and other natural features, in its undeveloped natural condition for public benefit and scientific study; to protect habitat for, and populations of, fish and wildlife, including but not limited to the peregrine falcons and other raptorial birds, caribou, moose, Dall sheep, grizzly bears, and wolves; and in a manner consistent with the foregoing, to protect and interpret historical sites and events associated with the gold rush on the Yukon River and the geological and paleontological history and cultural prehistory of the area. Except at such times when and locations where to do so would be inconsistent with the purposes of the preserve, the Secretary shall permit aircraft to continue to land at sites in the Upper Charley River watershed.
Source credit: (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.)
- 1980Enacted · Pub. L. 96-487 · 94 Stat. 2377
- 1996Amended · Pub. L. 104-333 · 110 Stat. 4119
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-487 on 1980-12-02.
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