§ 410hh-1. — Additions to existing areas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410hh-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-F--ALASKAN NATIONAL PARKS
Sec. 410hh-1. Additions to existing areas
The following units of the National Park System are hereby expanded:
(1) Glacier Bay National Monument, by the addition of an area
containing approximately five hundred and twenty-three thousand
acres of Federal Land. Approximately fifty-seven thousand acres of
additional public land is hereby established as Glacier Bay National
Preserve, both as generally depicted on map numbered GLBA-90,004,
and dated October 1978; furthermore, the monument is hereby
redesignated as ``Glacier Bay National Park''. The monument addition
and preserve shall be managed for the following purposes, among
others: To protect a segment of the Alsek River, fish and wildlife
habitats and migration routes, and a portion of the Fairweather
Range including the northwest slope of Mount Fairweather. Lands,
waters, and interests therein within the boundary of the park and
preserve which were within the boundary of any national forest are
hereby excluded from such national forest and the boundary of such
national forest is hereby revised accordingly.
(2) Katmai National Monument, by the addition of an area
containing approximately one million and thirty-seven thousand acres
of public land. Approximately three hundred and eight thousand acres
of additional public land is hereby established as Katmai National
Preserve, both as generally depicted on map numbered 90,007, and
dated July 1980; furthermore, the monument is hereby redesignated as
``Katmai National Park''. The monument addition and preserve shall
be managed for the following purposes, among others: To protect
habitats for, and populations of, fish and wildlife including, but
not limited to, high concentrations of brown/grizzly bears and their
denning areas; to maintain unimpaired the water habitat for
significant salmon populations; and to protect scenic, geological,
cultural and recreational features.
(3)(a) Mount McKinley National Park, by the addition of an area
containing approximately two million four hundred and twenty-six
thousand acres of public land, and approximately one million three
hundred and thirty thousand acres of additional public land is
hereby established as Denali National Preserve, both as generally
depicted on map numbered DENA-90,007, and dated July 1980 and the
whole is hereby redesignated as Denali National Park and Preserve.
The park additions and preserve shall be managed for the following
purposes, among others: To protect and interpret the entire mountain
massif, and additional scenic mountain peaks and formations; and to
protect habitat for, and populations of fish and wildlife including,
but not limited to, brown/grizzly bears, moose, caribou, Dall sheep,
wolves, swans and other waterfowl; 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
additions to the park where such uses are traditional in accordance
with the provisions in subchapter II of chapter 51 of this title.
(b) The Alaska Land Use Council shall, in cooperation with the
Secretary, conduct a study of the Kantishna Hills and Dunkle Mine
areas of the park as generally depicted on a map entitled
``Kantishna Hills/Dunkle Mine Study Area'' dated October 1979, and
report thereon to the Congress not later than three years from
December 2, 1980. The study and report shall evaluate the resources
of the area, including but not limited to, fish and wildlife, public
recreation opportunities, wilderness potential, historic resources,
and minerals, and shall include those recommendations respecting
resources and other relevant matters which the Council determines
are necessary. In conjunction with the study required by this
section, the Council, in consultation with the Secretary, shall
compile information relating to the mineral potential of the areas
encompassed within the study, the estimated cost of acquiring mining
properties, and the environmental consequences of further mineral
development.
(c) During the period of the study, no acquisition of privately
owned land shall be permitted within the study area, except with the
consent of the owner, and the holders of valid mining claims shall
be permitted to operate on their claims, subject to reasonable
regulations designed to minimize damage to the environment:
Provided, however, That such lands or claims shall be subject to
acquisition without the consent of the owner or holder if the
Secretary determines, after notice and opportunity for hearing, if
such notice and hearing are not otherwise required by applicable law
or regulation, that activities on such land or claims will
significantly impair important scenic, wildlife, or recreational
values of the public lands which are the subject of the study.
(Pub. L. 96-487, title II, Sec. 202, Dec. 2, 1980, 94 Stat. 2382; Pub.
L. 97-468, title VI, Sec. 615(b)(5), Jan. 14, 1983, 96 Stat. 2578.)
Amendments
1983--Subsec. (3)(a). Pub. L. 97-468 struck out provision that the
portion of the Alaska Railroad right-of-way within the park be subject
to such laws and regulations applicable to the protection of fish and
wildlife and other park values as the Secretary, with the concurrence of
the Secretary of Transportation, might determine.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97-468 became effective on date of transfer of
Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of
Title 45, Railroads, see section 615(b) of Pub. L. 97-468.
Glacier Bay National Park Boundary Adjustment
Pub. L. 105-317, Oct. 30, 1998, 112 Stat. 3002, provided for
exchange of land between United States and Alaska no later than six
months after issuance of license to Gustavus Electric Company by the
Federal Energy Regulatory Commission (FERC) for construction and
operation of hydroelectric project; provided for approximately same
amount of designated wilderness after transfer as before it; provided
environmental, economic, and other conditions on the transfer; provided
for role of FERC and Secretary of the Interior in land exchange and
hydroelectric project; and provided for authorities and jurisdictions
provided in Pub. L. 105-317 to continue in effect until modified or
repealed by Congress.
Katmai National Park Land Exchange
Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 135], Oct. 21,
1998, 112 Stat. 2681-231, 2681-264, provided that:
``(a) Ratification of Agreement.--
``(1) Ratification.--
``(A) In general.--The terms, conditions, procedures,
covenants, reservations, and other provisions set forth in the
document entitled `Agreement for the Sale, Purchase and
Conveyance of Lands between the Heirs, Designees and/or Assigns
of Palakia Melgenak and the United States of America'
(hereinafter referred to in this section as the `Agreement'),
executed by its signatories, including the heirs, designees and/
or assigns of Palakia Melgenak (hereinafter referred to in this
section as the `Heirs') effective on September 1, 1998 are
authorized, ratified and confirmed, and set forth the
obligations and commitments of the United States and all other
signatories, as a matter of Federal law.
``(B) Native allotment.--Notwithstanding any provision of
law to the contrary, all lands described in section 2(c) of the
Agreement for conveyance to the Heirs shall be deemed a
replacement transaction under `An Act to relieve restricted
Indians in the Five Civilized Tribes whose nontaxable lands are
required for State, county or municipal improvements or sold to
other persons or for other purposes' (25 U.S.C. 409a, 46 Stat.
1471), as amended, and the Secretary shall convey such lands by
a patent consistent with the terms of the Agreement and subject
to the same restraints on alienation and tax-exempt status as
provided for Native allotments pursuant to `An Act authorizing
the Secretary of the Interior to allot homesteads to the natives
of Alaska' (34 Stat. 197) [former 43 U.S.C. 270-1 to 270-3], as
amended, repealed by section 18(a) [of] the Alaska Native Claims
Settlement Act (85 Stat. 710) [43 U.S.C. 1617(a)], with a
savings clause for applications pending on December 18, 1971.
``(C) Land acquisition.--Lands and interests in land
acquired by the United States pursuant to the Agreement shall be
administered by the Secretary of the Interior (hereinafter
referred to as the `Secretary') as part of the Katmai National
Park, subject to the laws and regulations applicable thereto.
``(2) Maps and deeds.--The maps and deeds set forth in the
Agreement generally depict the lands subject to the conveyances, the
retention of consultation rights, the conservation easement, the
access rights, Alaska Native Allotment Act [34 Stat. 197] status,
and the use and transfer restrictions.
``(b) Katmai National Park and Preserve Wilderness.--Upon the date
of closing of the conveyance of the approximately 10 acres of Katmai
National Park Wilderness lands to be conveyed to the Heirs under the
Agreement, the following lands shall hereby be designated part of the
Katmai Wilderness as designated by section 701(4) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 1132 note; 94 Stat. 2417):
``A strip of land approximately one half mile long and 165 feet wide
lying within Section 1, Township 24 South, Range 33 West, Seward
Meridian, Alaska, the center line of which is the center of the
unnamed stream from its mouth at Geographic Harbor to the north line
of said Section 1. Said unnamed stream flows from the unnamed lake
located in Sections 25 and 26, Township 23 South, Range 33 West,
Seward Meridian. This strip of land contains approximately 10 acres.
``(c) Availability of Appropriation.--None of the funds appropriated
in this Act or any other Act hereafter enacted for the implementation of
the Agreement may be expended until the Secretary determines that the
Heirs have signed a valid and full relinquishment and release of any and
all claims described in section 2(d) of the Agreement.
``(d) General Provisions.--
``(1) All of the lands designated as Wilderness pursuant to this
section shall be subject to any valid existing rights.
``(2) Subject to the provisions of the Alaska National Interest
Lands Conservation Act [see Short Title note set out under section
3101 of this title], the Secretary shall ensure that the lands in
the Geographic Harbor area not directly affected by the Agreement
remain accessible for the public, including its mooring and
mechanized transportation needs.
``(3) The Agreement shall be placed on file and available for
public inspection at the Alaska Regional Office of the National Park
Service, at the office of the Katmai National Park and Preserve in
King Salmon, Alaska, and at least one public facility managed by the
Federal, State or local government located in each of Homer, Alaska,
and Kodiak, Alaska and such other public facilities which the
Secretary determines are suitable and accessible for such public
inspections. In addition, as soon as practicable after enactment of
this provision [Oct. 21, 1998], the Secretary shall make available
for public inspection in those same offices, copies of all maps and
legal descriptions of lands prepared in implementing either the
Agreement or this section. Such legal descriptions shall be
published in the Federal Register and filed with the Speaker of the
House of Representatives and the President of the Senate.''
