§ 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.
