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§ 3181. —  Alaska Land Use Council.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 16USC3181]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
 
                 SUBCHAPTER V--FEDERAL-STATE COOPERATION
 
Sec. 3181. Alaska Land Use Council


(a) Establishment

    There is hereby established the Alaska Land Use Council (hereinafter 
in this subchapter referred to as the ``Council'').

(b) Cochairmen

    The Council shall have Cochairmen. The Federal Cochairman shall be 
appointed by the President of the United States with the advice and 
consent of the Senate. The State Cochairman shall be the Governor of 
Alaska.

(c) Members

    In addition to the Cochairmen, the Council shall consist of the 
following members:
        (1) the head of the Alaska offices of each of the following 
    Federal agencies: National Park Service, United States Fish and 
    Wildlife Service, United States Forest Service, Bureau of Land 
    Management, Heritage Conservation and Recreation Service, National 
    Oceanic and Atmospheric Administration, and Department of 
    Transportation;
        (2) the Commissioners of the Alaska Departments of Natural 
    Resources, Fish and Game, Environmental Conservation, and 
    Transportation; and
        (3) two representatives selected by the Alaska Native Regional 
    Corporations (in consultation with their respective Village 
    Corporations) which represent the twelve geographic regions 
    described in section 1606(a) of title 43.

Any vacancy on the Council shall be filled in the same manner in which 
the original appointment was made.

(d) State decision not to participate

    If the State elects not to participate on the Council or elects to 
end its participation prior to termination of the Council, the Council 
shall be composed of the Federal Cochairman, the agencies referred to in 
subsection (c)(1) of this section and the representatives of the Alaska 
Native Regional Corporations referred to in subsection (c)(3) of this 
section. The Council, so composed, shall carry out the administrative 
functions required by this subchapter and shall make recommendations to 
Federal officials with respect to the matters referred to in subsections 
(i) and (j) of this section. In addition, the Council may make 
recommendations from time to time to State officials and private 
landowners concerning such matters.

(e) Compensation and expenses

    (1) The Federal Cochairman shall be compensated at a rate to be 
determined by the President but not in excess of that provided for level 
IV of the Executive Schedule contained in title 5 [5 U.S.C. 5315].
    (2) The other members of the Council who are Federal employees shall 
receive no additional compensation for service on the Council.
    (3) While away from their homes or regular places of business in the 
performance of services for the Council, members of the Council who are 
Federal employees, or members of the Council referred to in subsection 
(c)(3) of this section, shall be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5.
    (4) The State Cochairman and other State members of the Council have 
been compensated in accordance with applicable State law.

(f) Administrative authority

    (1) The Cochairmen, acting jointly, shall have the authority to 
create and abolish employments and positions, including temporary and 
intermittent employments; to fix and provide for the qualification, 
appointment, removal, compensation, pension, and retirement rights of 
Council employees; and to procure needed office space, supplies, and 
equipment.
    (2) The office of the Council shall be located in the State of 
Alaska.
    (3) Except as provided in subsection (d) of this section, within any 
one fiscal year, the Federal Government shall pay only 50 per centum of 
the costs and other expenses other than salaries, benefits, et cetera of 
members, incurred by the Council in carrying out its duties under this 
Act.
    (4) The Council is authorized to use, with their consent, the 
services, equipment, personnel, and facilities of Federal and other 
agencies with or without reimbursement. Each department and agency of 
the Federal Government is authorized and directed to cooperate fully in 
making its services, equipment, personnel, and facilities available to 
the Council. Personnel detailed to the Council in accordance with the 
provisions of this subsection shall be under the direction of the 
Cochairman during any period such staff is so detailed.
    (5) The Council is authorized to accept donations, gifts, and other 
contributions and to utilize such donations, gifts, and contributions in 
carrying out its functions under this Act.
    (6) The Council shall keep and maintain complete accounts and 
records of its activities and transactions, and such accounts and 
records shall be available for public inspection.

(g) Meetings; authorities; reports

    The Council shall meet at the call of the Cochairmen, but not less 
than four times each year. In addition, the Council may, for the purpose 
of carrying out the provisions of this section, hold such hearings, take 
such testimony, receive such evidence and print or otherwise reproduce 
and distribute reports concerning so much of its proceedings as the 
Council deems advisable. No later than February 1 of each calendar year 
following the calendar year in which the Council is established, the 
Cochairmen shall submit to the President, the Congress, the Governor of 
Alaska, and the Alaska Legislature, in writing, a report on the 
activities of the Council during the previous year, together with their 
recommendations, if any, for legislative or other action in furtherance 
of the purposes of this section.

(h) Rules

    The Council shall adopt such internal rules of procedure as it deems 
necessary. All Council meetings shall be open to the public, and at 
least fifteen days prior to the date when any meeting of the Council is 
to take place the Cochairman shall publish public notice of such meeting 
in the Federal Register and in newspapers of general circulation in 
various areas throughout Alaska.

(i) Functions of the Council

    (1) The Council shall conduct studies and advise the Secretary, the 
Secretary of Agriculture, other Federal agencies, the State, local 
governments, and Native Corporations with respect to ongoing, planned, 
and proposed land and resources uses in Alaska, including transportation 
planning, land use designation, fish and wildlife management, tourism, 
agricultural development, coastal zone management, preservation of 
cultural and historical resources, and such other matters as may be 
submitted for advice by the members.
    (2) It shall be the function of the Council--
        (A) to make recommendations to appropriate officials of the 
    United States and the State of Alaska with respect to--
            (i) proposed regulations promulgated by the United States to 
        carry out its responsibilities under this Act;
            (ii) management plans and studies required by this Act 
        including, but not limited to, plans and studies for 
        conservation system units, wild and scenic rivers, and 
        wilderness areas;
            (iii) proposed regulations promulgated by the State of 
        Alaska to carry out its responsibilities under this Act and 
        other State and Federal laws;

        (B) to make recommendations to appropriate officials of the 
    governments of the United States and the State of Alaska with 
    respect to ways to improve coordination and consultation between 
    said governments in wildlife management, transportation planning, 
    wilderness review, and other governmental activities which appear to 
    require regional or statewide coordination;
        (C) to make recommendations to appropriate officials of the 
    governments of the United States and the State of Alaska with 
    respect to ways to insure that economic development is orderly and 
    planned and is compatible with State and national economic, social, 
    and environmental objectives;
        (D) to make recommendations to appropriate officials of the 
    governments of the United States and the State of Alaska with 
    respect to those changes in laws, policies, and programs relating to 
    publicly owned lands and resources which the Council deems 
    necessary;
        (E) to make recommendations to appropriate officials of the 
    governments of the United States and the State of Alaska with 
    respect to the inventory, planning, classification, management, and 
    use of Federal and State lands, respectively, and to provide such 
    assistance to Native Corporations upon their request;
        (F) to make recommendations to appropriate officials of the 
    governments of the United States and the State of Alaska with 
    respect to needed modifications in existing withdrawals of Federal 
    and State lands; and
        (G) to make recommendations to appropriate officials of the 
    governments of the United States and the State of Alaska with 
    respect to the programs and budgets of Federal and State agencies 
    responsible for the administration of Federal and State lands; and
        (H) to make recommendations to appropriate officials of the 
    governments of the United States, the State of Alaska, and Native 
    Corporations for land exchanges between or among them.

(j) Cooperative planning

    (1) The Council shall recommend cooperative planning zones, 
consisting of areas of the State in which the management of lands or 
resources by one member materially affects the management of lands or 
resources of another member or members including, but not limited to, 
such areas as the Northwest Arctic, the North Slope, and Bristol Bay. 
Federal members of the Council are authorized and encouraged to enter 
into cooperative agreements with Federal agencies, with State and local 
agencies, and with Native Corporations providing for mutual 
consultation, review, and coordination of resource management plans and 
programs within such zones.
    (2) With respect to lands, waters, and interests therein which are 
subject to a cooperative agreement in accordance with this subsection, 
the Secretary, in addition to any requirement of applicable law, may 
provide technical and other assistance to the landowner with respect to 
fire control, trespass control, law enforcement, resource use, and 
planning. Such assistance may be provided without reimbursement if the 
Secretary determines that to do so would further the purposes of the 
cooperative agreement and would be in the public interest.
    (3) Cooperative agreements established pursuant to this section 
shall include a plan for public participation consistent with the 
guidelines established by the Council pursuant to subsection (m) of this 
section.

(k) Nonacceptance of Council recommendations

    If any Federal or State agency does not accept a recommendation made 
by the Council pursuant to subsection (i) or (j) of this section, such 
agency, within thirty days of receipt of the recommendation, shall 
inform the Council, in writing, of its reason for such action.

(l) Termination

    Unless extended by the Congress, the Council shall terminate ten 
years after December 2, 1980. No later than one year prior to its 
termination date, the Cochairmen shall submit in writing to the Congress 
a report on the accomplishments of the Council together with their 
recommendations as to whether the Council should be extended or any 
other recommendations for legislation or other action which they 
determine should be taken following termination of the Council to 
continue carrying out the purposes for which the Council was 
established.

(m) Public participation

    The Council shall establish and implement a public participation 
program to assist the Council to carry out its responsibilities and 
functions under this section. Such program shall include, but is not 
limited to--
        (1) A committee of land-use advisors appointed by the Cochairmen 
    made up of representatives of commercial and industrial land users 
    in Alaska, recreational land users, wilderness users, environmental 
    groups, Native Corporations, and other public and private 
    organizations. To the maximum extent practicable, the membership of 
    the committee shall provide a balanced mixture of national, State, 
    and local perspective and expertise on land and resource use issues; 
    and
        (2) A system for (A) the identification of persons and 
    communities, in rural and urban Alaska, who or which may be directly 
    or significantly affected by studies conducted, or advice and 
    recommendations given by the Council pursuant to this section, and 
    (B) guidelines for, and implementation of, a system for effective 
    public participation by such persons or communities in the 
    development of such studies, advice and recommendations by the 
    Council.

(Pub. L. 96-487, title XII, Sec. 1201, Dec. 2, 1980, 94 Stat. 2466.)

                       References in Text

    This Act, referred to in subsecs. (f)(3), (5) and (i)(2)(A)(i), 
(ii), and (iii), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as 
amended, 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.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions in subsec. 
(g) of this section relating to submitting report to Congress no later 
than February 1 of each calendar year, see section 3003 of Pub. L. 104-
66, as amended, set out as a note under section 1113 of Title 31, Money 
and Finance, and page 154 of House Document No. 103-7.



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