§ 3200. — Denali Scenic Highway study.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3200]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
Sec. 3200. Denali Scenic Highway study
(a) Withdrawal
Subject to valid existing rights, all public lands within an area,
the centerline of which is the centerline of the Parks Highway from the
entrance to Denali National Park to the Talkeetna junction which is one
hundred and thirty-six miles south of Cantwell, the Denali Highway
between Cantwell and Paxson, the Richardson Highway and Edgerton Highway
between Paxson and Chitina, and the existing road between Chitina and
McCarthy (as those highways and road are depicted on the official maps
of the department of transportation of the State of Alaska) and the
boundaries of which are parallel to the centerline and one mile distant
therefrom on either side, are hereby withdrawn from all forms of entry
or appropriation under the mining laws and from operation of the mineral
leasing laws of the United States. Nothing in this section shall be
construed to preclude minor road realignment, minor road improvement, or
the extraction of gravel for such purposes from lands withdrawn or
affected by the study mandated herein.
(b) Study
During the three-year period beginning on December 2, 1980, the
Secretary shall study the desirability of establishing a Denali Scenic
Highway to consist of all or part of the lands described in subsection
(a) of this section. In conducting the studies, the Secretary, through a
study team which includes representatives of the Secretary of
Transportation, the National Park Service, the Bureau of Land
Management, the State, and of each Regional Corporation within whose
area of operation the lands described in subsection (a) of this section
are located, shall consider the scenic and recreational values of the
lands withdrawn under this section, the importance of providing
protection to those values, the desirability of providing a symbolic and
actual physical connection between the national parks in south central
Alaska, and the desirability of enhancing the experience of persons
traveling between those parks by motor vehicles. Members of the study
team who are not Federal employees shall receive from the Secretary per
diem (in lieu of expenses) and travel allowances at the rates provided
for employees of the Bureau of Indian Affairs in Alaska in grade GS-15.
(c) Cooperation notice: hearings
In conducting the studies required by this section, the Secretary
shall cooperate with the State and shall consult with each Village
Corporation within whose area of operation lands described in this
section are located and to the maximum extent practicable with the owner
of any lands adjoining the lands described in subsection (a) of this
section concerning the desirability of establishing a Denali Scenic
Highway. The Secretary, through the National Park Service, shall also
give such public notice of the study as he deems appropriate, including
at least publication in a newspaper or newspapers having general
circulation in the area or areas of the lands described in subsection
(a) of this section, and shall hold a public hearing or hearings at one
or more locations convenient to the areas affected.
(d) Report
Within three years after December 2, 1980, the Secretary shall
report to the President the results of the studies carried out pursuant
to this section together with his recommendation as to whether the
scenic highway studied should be established and, if his recommendation
is to establish the scenic highway, the lands described in subsection
(a) of this section which should be included therein. Such report shall
include the views and recommendations of all members of the study team.
The President shall advise the President of the Senate and the Speaker
of the House of Representatives of his recommendations and those of the
Governor of Alaska with respect to creation of the scenic highways,\1\
together with maps thereof, a definition of boundaries thereof, an
estimate of costs, recommendations on administration, and proposed
legislation to create such a scenic highway, if creation of one is
recommended.
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\1\ So in original. Probably should be ``highway,''.
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(e) Period of withdrawal
The lands withdrawn under subsection (a) of this section shall
remain withdrawn until such time as the Congress acts on the President's
recommendation, but not to exceed two years after the recommendation is
transmitted to the Congress.
(Pub. L. 96-487, title XIII, Sec. 1311, Dec. 2, 1980, 94 Stat. 2481.)
References in Text
The mining laws and the mineral leasing laws of the United States,
referred to in subsec. (a), are classified generally to Title 30,
Mineral Lands and Mining.
GS-15, referred to in subsec. (b), is contained in the General
Schedule, which is set out under section 5332 of Title 5, Government
Organization and Employees.
