ANILCA (16 U.S.C. 3101 et seq.)

Page 2227

TITLE 16—CONSERVATION

Sec.

3214.
Alaska gas pipeline.
3215.
Public land entries in Alaska.
SUBCHAPTER VII—NATIONAL NEED MINERAL
ACTIVITY RECOMMENDATION PROCESS
3231.
3232.
3233.

Areas subject to national need recommendation process.
Recommendations of President to Congress.
Expedited Congressional review.
Executive Documents

EX. ORD. NO. 13580. INTERAGENCY WORKING GROUP ON COORDINATION OF DOMESTIC ENERGY DEVELOPMENT AND
PERMITTING IN ALASKA
Ex. Ord. No. 13580, July 12, 2011, 76 F.R. 41989, provided:
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 responsible development of onshore and offshore energy resources 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 important 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 departments and agencies (agencies) are charged with ensuring that resource development projects in Alaska
comply with health, safety, and environmental protection standards. To formalize and promote ongoing
interagency coordination, this order establishes a highlevel, interagency working group that will facilitate
coordinated and efficient domestic energy development
and permitting in Alaska while ensuring that all applicable standards are fully met.
SEC. 2. Establishment. There is established an Interagency Working Group on Coordination of Domestic
Energy Development and Permitting in Alaska (Working Group), led by the Department of the Interior.
SEC. 3. Membership. (a) The Deputy Secretary of the
Interior shall serve as Chair of the Working Group and
coordinate its work. The Working Group shall also include deputy-level representatives or officials at the
equivalent level, designated by the head of the respective agency, from:
(i) the Department of Defense;
(ii) the Department of Commerce;
(iii) the Department of Agriculture;
(iv) the Department of Energy;
(v) the Department of Homeland Security;
(vi) the Environmental Protection Agency; and
(vii) the Office of the Federal Coordinator for Alaska
Natural Gas Transportation Projects.
(b) The Domestic Policy Council shall work closely
with the Chair of the Working Group and assist in the
interagency coordination functions described in section
4 of this order. To maximize coordination with National Security Policy Directive-66 (NSPD-66), ‘‘Arctic
Region Policy;’’ Executive Order 13547 of July 19, 2010
(‘‘Stewardship of the Ocean, Our Coasts, and the Great
Lakes’’); the National Response Framework; the National Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan); and other relevant Federal policy initiatives, the Working Group
shall also include deputy-level representatives or officials at the equivalent level, designated by the head of
the respective agency or office, from:
(i) the Council on Environmental Quality;
(ii) the Office of Science and Technology Policy;
(iii) the Office of Management and Budget; and
(iv) the National Security Staff.
(c) The Working Group shall consult with other agencies and offices, as appropriate, in order to facilitate
the sharing of information and best practices.

§ 3101

(d) Members of the Working Group shall meet periodically and on a schedule coordinated with significant
milestones in the various permitting cycles. Staff from
the participating agencies shall meet as appropriate to
facilitate the functions of the Working Group.
SEC. 4. Functions. Consistent with the authorities and
responsibilities of participating agencies, the Working
Group shall perform the following functions:
(a) facilitate orderly and efficient decisionmaking regarding the issuance of permits and conduct of environmental reviews for onshore and offshore energy development projects in Alaska;
(b) ensure that the schedules and progress of agency
regulatory and permitting activities are coordinated
appropriately, that they operate efficiently and effectively, and that agencies assist one another, as appropriate;
(c) facilitate the sharing of application and project
information among agencies, including information regarding anticipated timelines and milestones;
(d) ensure the sharing and integrity of scientific and
environmental information and cultural and traditional knowledge among agencies to support the permit
evaluation process of onshore and offshore energy development projects in Alaska;
(e) engage in longterm planning and ensure coordination with the appropriate Federal entities related to
such issues as oil spill prevention, preparedness and response, and the development of necessary infrastructure to adequately support energy development in Alaska;
(f) coordinate Federal engagement with States, localities, and tribal governments, as it relates to energy
development and permitting issues in Alaska, including:
(i) designating a primary point of contact to facilitate coordination with the State of Alaska;
(ii) designating a primary point of contact to facilitate coordination with local communities, governments, tribes, co-management organizations, and similar Alaska Native organizations;
(g) collaborate on stakeholder outreach; and
(h) promote interagency dialogue with respect to
communications with industry regarding Alaska offshore and onshore energy development and permitting
issues.
SEC. 5. General Provisions. (a) This order shall be implemented consistent with applicable law and subject
to the availability of appropriations.
(b) The Department of the Interior shall provide administrative support for the Working Group to the extent permitted by law.
(c) Nothing in this order shall be construed to impair
or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(d) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable 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.
BARACK OBAMA.
[Reference to the National Security Staff deemed to
be a reference to the National Security Council Staff,
see Ex. Ord. No. 13657, set out as a note under section
3021 of Title 50, War and National Defense.]

SUBCHAPTER I—GENERAL PROVISIONS
§ 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 signifi-

§ 3102

TITLE 16—CONSERVATION

cant 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 of life to continue to do so.
(d) Need for future legislation obviated
This Act provides sufficient protection for the
national interest in the scenic, natural, cultural
and environmental values on the public lands in
Alaska, and at the same time provides adequate
opportunity for satisfaction of the economic and
social needs of the State of Alaska and its people; accordingly, the designation and disposition
of the public lands in Alaska pursuant to this
Act are found to represent a proper balance between the reservation of national conservation
system units and those public lands necessary
and appropriate for more intensive use and disposition, and thus Congress believes that the
need for future legislation designating new conservation system units, new national conservation areas, or new national recreation areas, has
been obviated thereby.
(Pub. L. 96–487, title I, § 101, Dec. 2, 1980, 94 Stat.
2374.)
Editorial Notes
REFERENCES IN TEXT
The following titles, referred to in subsec. (a), mean
titles II to XV of Pub. L. 96–487, Dec. 2, 1980, §§ 201–1503,
94 Stat. 2377–2551. For complete classification of these
titles to the Code, see Tables.
This Act, referred to in subsecs. (b) to (d), 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 below and Tables.

Page 2228

Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 96–487, § 1, Dec. 2, 1980, 94 Stat. 2371, provided
that: ‘‘This Act [enacting this chapter, sections 410hh
to 410hh–5, 460mm to 460mm–4, 539 to 539e, and 1285b of
this title, and sections 1631 to 1641 and 1784 of Title 43,
Public Lands, amending sections 410bb, 1274, 1276, 1279,
and 1280 of this title and sections 1602, 1606, 1607, 1611,
1613, 1614, 1620, and 1621 of Title 43, enacting provisions
set out as notes under this section and sections 431,
668dd, 1132, 1274, and 3145 of this title and sections 1605,
1613, and 1618 of Title 43, and amending provisions set
out as notes under sections 1611 and 1613 of Title 43 and
preceding section 21 of Title 48, Territories and Insular
Possessions] may be cited as the ‘Alaska National Interest Lands Conservation Act’.’’

§ 3102. Definitions
As used in this Act (except that in titles IX
and XIV the following terms shall have the same
meaning as they have in the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.],
and the Alaska Statehood Act)—
(1) The term ‘‘land’’ means lands, waters,
and interests therein.
(2) The term ‘‘Federal land’’ means lands the
title to which is in the United States after December 2, 1980.
(3) The term ‘‘public lands’’ means land situated in Alaska which, after December 2, 1980,
are Federal lands, except—
(A) land selections of the State of Alaska
which have been tentatively approved or validly selected under the Alaska Statehood
Act and lands which have been confirmed to,
validly selected by, or granted to the Territory of Alaska or the State under any other
provision of Federal law;
(B) land selections of a Native Corporation
made under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] which
have not been conveyed to a Native Corporation, unless any such selection is determined
to be invalid or is relinquished; and
(C) lands referred to in section 19(b) of the
Alaska Native Claims Settlement Act [43
U.S.C. 1618(b)].
(4) The term ‘‘conservation system unit’’
means any unit in Alaska of the National
Park System, National Wildlife Refuge System, National Wild and Scenic Rivers Systems, National Trails System, National Wilderness Preservation System, or a National
Forest Monument including existing units,
units established, designated, or expanded by
or under the provisions of this Act, additions
to such units, and any such unit established,
designated, or expanded hereafter.
(5) The term ‘‘Alaska Native Claims Settlement Act’’ means ‘‘An Act to provide for the
settlement of certain land claims of Alaska
Natives, and for other purposes’’, approved December 18, 1971 (85 Stat. 688), as amended [43
U.S.C. 1601 et seq.].
(6) The term ‘‘Native Corporation’’ means
any Regional Corporation, any Village Corporation, any Urban Corporation, and any Native Group.
(7) The term ‘‘Regional Corporation’’ has the
same meaning as such term has under section
3(g) of the Alaska Native Claims Settlement
Act [43 U.S.C. 1602(g)].

Page 2229

§ 3102

TITLE 16—CONSERVATION

(8) The term ‘‘Village Corporation’’ has the
same meaning as such term has under section
3(j) of the Alaska Native Claims Settlement
Act [43 U.S.C. 1602(j)].
(9) The term ‘‘Urban Corporation’’ means
those Native entities which have incorporated
pursuant to section 14(h)(3) of the Alaska Native Claims Settlement Act [43 U.S.C.
1613(h)(3)].
(10) The term ‘‘Native Group’’ has the same
meaning as such term has under sections 3(d)
and 14(h)(2) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(d) and 1613(h)(2)].
(11) The term ‘‘Native land’’ means land
owned by a Native Corporation or any Native
Group and includes land which, as of December 2, 1980, had been selected under the Alaska
Native Claims Settlement Act [43 U.S.C. 1601
et seq.] by a Native Corporation or Native
Group and had not been conveyed by the Secretary (except to the extent such selection is
determined to be invalid or has been relinquished) and land referred to in section 19(b) of
the Alaska Native Claims Settlement Act [43
U.S.C. 1618(b)].
(12) The term ‘‘Secretary’’ means the Secretary of the Interior, except that when such
term is used with respect to any unit of the
National Forest System, such term means the
Secretary of Agriculture.
(13) The terms ‘‘wilderness’’ and ‘‘National
Wilderness Preservation System’’ have the
same meaning as when used in the Wilderness
Act (78 Stat. 890) [16 U.S.C. 1131 et seq.].
(14) The term ‘‘Alaska Statehood Act’’
means the Act entitled ‘‘An Act to provide for
the admission of the State of Alaska into the
Union’’, approved July 7, 1958 (72 Stat. 339), as
amended.
(15) The term ‘‘State’’ means the state of
Alaska.
(16) The term ‘‘Alaska Native’’ or ‘‘Native’’
has the same meaning as the term ‘‘Native’’
has in section 3(b) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1602(b)].
(17) The term ‘‘fish and wildlife’’ means any
member of the animal kingdom, including
without limitation any mammal, fish, bird (including any migratory, nonmigratory or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring
thereof, or the dead body or part thereof.
(18) The term ‘‘take’’ or ‘‘taking’’ as used
with respect to fish or wildlife, means to pursue, hunt, shoot, trap, net capture, collect,
kill, harm, or attempt to engage in any such
conduct.
(Pub. L. 96–487, title I, § 102, Dec. 2, 1980, 94 Stat.
2375; Pub. L. 105–83, title III, § 316(b)(2), (d), Nov.
14, 1997, 111 Stat. 1592, 1595.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1)
and in par. (4), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat.
2371, known as the Alaska National Interest Lands Conservation Act. Title IX of this Act enacted sections 1631

to 1638 of Title 43, Public Lands, amended sections 1614
and 1620 of Title 43, and amended provisions set out as
notes under section 1611 of Title 43 and preceding section 21 of Title 48, Territories and Insular Possessions.
Title XIV of this Act enacted sections 1639 to 1641 of
Title 43, amended sections 1602, 1606, 1607, 1611, 1613,
1620, and 1621 of Title 43, enacted provisions set out as
notes under sections 1605, 1613, and 1618 of Title 43, and
amended provisions set out as notes under sections 1611
and 1613 of Title 43. For complete classification of this
Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
The Alaska Native Claims Settlement Act, referred
to in provision preceding par. (1) and in pars. (3)(B),
(C)(5), and (11), 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.
The Alaska Statehood Act, referred to in provision
preceding par. (1) and in pars. (3)(A) and (14), is Pub. L.
85–508, July 7, 1958, 72 Stat. 339, which is set out as a
note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this
Act to the Code, see Tables.
The Wilderness Act, referred to in par. (13), 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.
AMENDMENTS
1997—Par. (2). Pub. L. 105–83, § 316(b)(2), which directed the amendment of par. (2) generally, to read as
follows: ‘‘The term ‘Federal land’ means lands the title
to which is in the United States after December 2, 1980.
‘Federal land’ does not include lands the title to which
is in the State, an Alaska Native corporation, or other
private ownership.’’, was repealed by Pub. L. 105–83,
§ 316(d). See Effective and Termination Dates of 1997
Amendment note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES OF 1997
AMENDMENT
Pub. L. 105–83, title III, § 316(d), Nov. 14, 1997, 111 Stat.
1595, provided that: ‘‘Unless and until laws are adopted
in the State of Alaska which provide for the definition,
preference, and participation specified in sections 803,
804, and 805 [sections 3113 to 3115 of this title] of the
Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), the amendments made by subsection (b) of this section [amending this section and
sections 3111, 3113 to 3115, 3117, 3124, and 3125 of this
title] shall be effective only for the purposes of determining whether the State’s laws provide for such definition, preference, and participation. The Secretary
shall certify before December 1, 1998 if such laws have
been adopted in the State of Alaska. Subsection (b)
shall be repealed on such date if such laws have not
been adopted.’’ [The State of Alaska did not adopt laws
specified above by Dec. 1, 1998.]
SAVINGS CLAUSE
Pub. L. 105–83, title III, § 316(c), Nov. 14, 1997, 111 Stat.
1595, provided that: ‘‘No provision of this section
[amending this section and sections 3111, 3113 to 3115,
3117, 3124, and 3125 of this title and enacting provisions
set out as notes under this section], amendment made
by this section, or exercise of authority pursuant to
this section may be construed to validate, invalidate,
or in any way affect—
‘‘(1) any assertion that an Alaska Native organization (including a federally recognized tribe, traditional Alaska Native council, or Alaska Native council organized pursuant to the Act of June 18, 1934 (25
U.S.C. 461 et seq.) [now 25 U.S.C. 5101 et seq.], as

§ 3103

TITLE 16—CONSERVATION

amended) has or does not have governmental authority over lands (including management of, or regulation of the taking of, fish and wildlife) or persons
within the boundaries of the State of Alaska;
‘‘(2) any assertion that Indian country, as defined
in section 1151 of title 18, United States Code, exists
or does not exist within the boundaries of the State
of Alaska;
‘‘(3) any assertion that the Alaska National Interest Lands Conservation Act, as amended (16 U.S.C.
3101 et seq.) is or is not Indian law; or
‘‘(4) the authority of the Secretary of the Interior
under section 1314(c) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3202(c)).’’
MORATORIUM ON FEDERAL MANAGEMENT OF
SUBSISTENCE USES IN ALASKA
Pub. L. 105–277, div. A, § 101(e) [title III, § 339], Oct. 21,
1998, 112 Stat. 2681–231, 2681–295, provided that:
[‘‘(a) Repealed. Pub. L. 105–277, div. A, § 101(e) [title
III, § 339(b)(2)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295]
‘‘(b) SUBSECTION (a) REPEALED.—
‘‘(1) The Secretary of the Interior shall certify before October 1, 1999, if a bill or resolution has been
passed by the Alaska State Legislature to amend the
Constitution of the State of Alaska that, if approved
by the electorate, would enable the implementation
of state laws of general applicability consistent with,
and which provide for the definition, preference, and
participation specified in sections 803, 804, and 805 of
the Alaska National Interest Lands Conservation Act
[16 U.S.C. 3113, 3114, 3115].
‘‘(2) Subsection (a) shall be repealed on October 1,
1999, unless prior to that date the Secretary of the Interior makes such a certification described in paragraph (1). [A certification was not made prior to Oct.
1, 1999.]
‘‘(c) TECHNICAL AMENDMENTS TO THE ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT.—[Amended
section 3115 of this title.]
‘‘(d) EFFECT ON TIDAL AND SUBMERGED LAND.—Nothing in this section invalidates, validates, or in any
other way affects any claim of the State of Alaska to
title to any tidal or submerged land in Alaska.’’
Pub. L. 105–83, title III, § 316(a), Nov. 14, 1997, 111 Stat.
1592, provided that: ‘‘None of the funds made available
to the Department of the Interior or the Department of
Agriculture by this or any other Act hereafter enacted
may be used prior to December 1, 1998 to issue or implement final regulations, rules, or policies pursuant to
title VIII of the Alaska National Interest Lands Conservation Act [16 U.S.C. 3111 et seq.] to assert jurisdiction, management, or control over the navigable waters
transferred to the State of Alaska pursuant to the Submerged Lands Act of 1953 [43 U.S.C. 1301 et seq.] or the
Alaska Statehood Act of 1959 [Pub. L. 85–508, set out as
a note preceding section 21 of Title 48, Territories and
Insular Possessions].’’

§ 3103. Maps
(a) Filing and availability for inspection; discrepancies; coastal areas
The boundary maps described in this Act shall
be on file and available for public inspection in
the office of the Secretary or the Secretary of
Agriculture with regard to the National Forest
System. In the event of discrepancies between
the acreages specified in this Act and those depicted on such maps, the maps shall be controlling, but the boundaries of areas added to the
National Park, Wildlife Refuge and National
Forest Systems shall, in coastal areas not extend seaward beyond the mean high tide line to
include lands owned by the State of Alaska unless the State shall have concurred in such
boundary extension and such extension is accomplished under the notice and reporting requirements of this Act.

Page 2230

(b) Changes in land management status; publication in Federal Register; filing; clerical errors; boundary features and adjustments
As soon as practicable after December 2, 1980,
a map and legal description of each change in
land management status effected by this Act,
including the National Wilderness Preservation
System, shall be published in the Federal Register and filed with the Speaker of the House of
Representatives and the President of the Senate, and each such description shall have the
same force and effect as if included in this Act:
Provided, however, That correction of clerical
and typographical errors in each such legal description and map may be made. Each such map
and legal description shall be on file and available for public inspection in the office of the
Secretary. Whenever possible boundaries shall
follow hydrographic divides or embrace other
topographic or natural features. Following reasonable notice in writing to the Congress of his
intention to do so the Secretary and the Secretary of Agriculture may make minor adjustments in the boundaries of the areas added to or
established by this Act as units of National
Park, Wildlife Refuge, Wild and Scenic Rivers,
National Wilderness Preservation, and National
Forest Systems and as national conservation
areas and national recreation areas. For the purposes of this subsection, a minor boundary adjustment shall not increase or decrease the
amount of land within any such area by more
than 23,000 acres.
(c) Lands included within unit; acquisition of
land by Secretary
Only those lands within the boundaries of any
conservation system unit which are public lands
(as such term is defined in this Act) shall be
deemed to be included as a portion of such unit.
No lands which, before, on, or after December 2,
1980, are conveyed to the State, to any Native
Corporation, or to any private party shall be
subject to the regulations applicable solely to
public lands within such units. If the State, a
Native Corporation, or other owner desires to
convey any such lands, the Secretary may acquire such lands in accordance with applicable
law (including this Act), and any such lands
shall become part of the unit, and be administered accordingly.
(Pub. L. 96–487, title I, § 103, Dec. 2, 1980, 94 Stat.
2376.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, 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.

SUBCHAPTER II—SUBSISTENCE
MANAGEMENT AND USE
§ 3111. Congressional declaration of findings
The Congress finds and declares that—
(1) the continuation of the opportunity for
subsistence uses by rural residents of Alaska,
including both Natives and non-Natives, on