Chapter 51, Subchapter III, Section 3142, Subsection (e) · 16 U.S.C. Chapter 51 — ALASKA NATIONAL INTEREST LANDS CONSERVATION

Contents

(e)

(1)After the initial guidelines are prescribed under subsection (d), any person including the United States Geological Survey may submit one or more plans for exploratory activity (hereinafter in this section referred to as “exploration plans”) to the Secretary for approval. An exploration plan must set forth such information as the Secretary may require in order to determine whether the plan is consistent with the guidelines, including, but not limited to—

(A)a description and schedule of the exploratory activity proposed to be undertaken;

(B)a description of the equipment, facilities, and related manpower that would be used in carrying out the activity;

(C)the area in which the activity would be undertaken; and

(D)a statement of the anticipated effects that the activity may have on fish and wildlife, their habitats and the environment.

(2)Upon receiving any exploration plan for approval, the Secretary shall promptly publish notice of the application and the text of the plan in the Federal Register and newspapers of general circulation in the State. The Secretary shall determine, within one hundred and twenty days after any plan is submitted for approval, if the plan is consistent with the guidelines established under subsection (d). If the Secretary determines that the plan is so consistent, he shall approve the plan: except that no plan shall be approved during the two-year period following December 2, 1980. Before making the determination, the Secretary shall hold at least one public hearing in the State for purposes of receiving the comments and views of the public on the plan. The Secretary shall not approve of any plan submitted by the United States Geological Survey unless he determines that (1) no other person has submitted a plan for the area involved which meets established guidelines and (2) the information which would be obtained is needed to make an adequate report under subsection (h). The Secretary, as a condition of approval of any plan under this section—

(A)may require that such modifications be made to the plan as he considers necessary and appropriate to make it consistent with the guidelines;

(B)shall require that all data and information (including processed, analyzed and interpreted information) obtained as a result of carrying out the plan shall be submitted to the Secretary; and

(C)shall make such data and information available to the public except that any processed, analyzed and interpreted data or information shall be held confidential by the Secretary for a period of not less than two years following any lease sale including the area from which the information was obtained and: Provided, That the Secretary shall prohibit by regulation any person who obtains access to such data and information from the Secretary or from any person other than a permittee from participation in any lease sale which includes the areas from which the information was obtained and from any commercial use of the information. The Secretary shall require that any permittee shall make available such data to any person at fair cost.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 31

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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.].
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.
applicable law
means any law of general applicability (other than this subchapter) under which any Federal department or agency has jurisdiction to grant any authorization (including but not limited to, any right-of-way, permit, license, lease, or certificate) without which a transportation or utility system cannot, in whole or in part, be established or operated.
applicant
means any public or private person, including, but not limited to, any Federal department or agency.
barter
means the exchange of fish or wildlife or their parts, taken for subsistence uses—
coastal plain
means that area identified as such in the map entitled “Arctic National Wildlife Refuge”, dated August 1980.
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.
exploratory activity
means surface geological exploration or seismic exploration, or both, for oil and gas within the coastal plain.
family
means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis;
Federal agency
means any Federal department or agency that has any function or duty under applicable law.
Federal land
means lands the title to which is in the United States after December 2, 1980.
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.
Governor
means the Governor of the State of Alaska.
immediate family member
means a person related to a deceased employee that was a member of the household of the deceased employee at the time of death.
improved property
means— In determining when and to what extent a property is to be considered an “improved property”, the Secretary shall take into consideration the manner of use of such buildings and lands prior to January 1, 1980, and shall designate such lands as are reasonably necessary for the continued enjoyment of the property in the same manner and to the same extent as existed before such date.
land
means lands, waters, and interests therein.
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)].
Native Corporation
means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Native Group.
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)].
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)].
public lands
means land situated in Alaska which, after December 2, 1980, are Federal lands, except—
region
means the land (other than any land within the National Park System) within the Bristol Bay Cooperative Region as generally depicted on the map entitled “Bristol Bay-Alaska Peninsula”, dated October 1979.
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)].
resolution
means a joint resolution, the resolving clause of which is as follows: “That the House of Representatives and Senate approve the application for under title XI of the Alaska National Interest Lands Conservation Act submitted by the President to the Congress on, 19.”;
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.
State
means the state of Alaska.
subsistence uses
means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation;
transportation or utility system
means any type of system described in subparagraph (B) if any portion of the route of the system will be within any conservation system unit, national recreation area, or national conservation area in the State (and the system is not one that the department or agency having jurisdiction over the unit or area is establishing incident to its management of the unit or area).
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)].
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)].
visitor service
means any service made available for a fee or charge to persons who visit a conservation system unit, including such services as providing food, accommodations, transportation, tours, and guides excepting the guiding of sport hunting and fishing.