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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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