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ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT (ANILCA)

Summary:  This research is from US Code Annotated and is about the purpose and definition of ANILCA.  It was created to protect lands in Alaska.  The Federal Government has general jurisdiction over the land, but, as discussed under JURISDICTION - FEDERAL/STATE, it should be noted that this may require state agencies to care for the land as well.  Title 16-Chapter 51-Section 3142 calls for specific attention to the analysis of the coastal plain for resource development.  Section 3143 states that only Congress may allow for energy development within ANWR.  Section 3199 raises questions relevant to Mission.  Is there already access to ANWR by the US military?  Is the opening of ANWR an issue of national defense?  Does national security justify the vehicular access to ANWR necessary for exploration and exportation?

Purpose:  I pursued research on ANILCA because it is the document that created the controversy that now surrounds ANWR.  ANILCA included Section 3142 which allows for potential exploration and Section 3143 which designated Congress as the authority to approve it.  Upon scanning Chapter 51 I also came across other relevant sections (e.g.. Section 3199, discussed above).

Relevance:  As the political ramifications team we are to discuss the politics surrounding ANWR and what will occur depending on the decision about drilling.  Along these lines it is necessary to have at hand the act that created the problem which we are forming a solution for.  ANILCA is that act and this research summary can link anyone with the original documentation for debating the opening of ANWR.

Title 16: Conservation
     Chapter 51 - Alaska National Interest Lands Conservation
          Section 3101-Congressional Statement of Purpose
               (a) "In order to preserve for the benefit. . .of.  . . Generations certain lands and waters in the State of Alaska that contain nationally significant. . .wilderness. . .and wildlife values. . ."
 
          Section 3120-Subsistence and land use decisions
               (a) Factors considered; requirements
                     -". . .the head of the Federal agency having primary jurisdiction over such lands. . Shall evaluate the effect of such use, occupancy, or disposition on subsistence uses and needs, the availability of other lands . . .and other alternatives which would reduce or eliminate the . . .public lands needed. . ."
               (b) "If the Sec. is required to prepare an environmental impact statement. . .section 4332(2)(C) of Title 42"
 
Title 42:  The Public Health and Welfare
     Chapter 55 - National Environmental Policy
          Section 4332(2)(C) - The definition of an environmental impact statement and what must be included within it is defined here.

Title 16:  Conservation
     Chapter 51 - ANILCA
          Section 3142-Arctic National Wildlife Refuge coastal plain resource assessment
               (a) "The purpose of this section is to provide for a comprehensive and continuing inventory and assessment of the fish and wildlife resources of the coastal plain of the ANWR; an analysis of the impacts of oil and gas exploration, development, and production, and to authorize exploratory activity within the coastal plain in a manner that avoids significant adverse effects on the fish and wildlife and other resources."
               (b)(1)- "coastal plain" = area identified as such in the map entitled "Arctic National Wildlife Refuge", dated August 1980

           Section 3143-Production of oil and gas. . .prohibited
               -"Production of oil and gas from the ANWR is prohibited and no leasing or other development leading to production of oil and gas from the range shall be undertaken until authorized by an Act of Congress."  PL 96-487, Title X, section 1003

          Section 3199-Navigation aids and other facilities
                (a) "Reasonable access to and operation and maintenance of facilities for national defense purposes and related air and water navigational aids within or adjacent to such areas shall continue in accordance with the laws and regulations governing such facilities notwithstanding any other provision of this Act.  Nothing in the Wilderness Act shall be deemed to prohibit such access, operation and maintenance within wilderness areas designated by this act."

Source:  
U.S. Code Annotated.  United States of America, 2000.


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Last updated: 8 Nov. 03 23:39
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Kat Vater - kvater@mit.edu
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