Sec. 7. Duties
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/bill/114/s/3005/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Council shall conduct studies and advise the Secretary, the Secretary of Agriculture, other Federal agencies, the State, units of local government in the State, Alaska Native tribes, and Native Corporations with respect to— ongoing, planned, and proposed land and resource uses in the State (including transportation planning, land use designation and classification, fish and wildlife management, tourism, agricultural development, coastal zone management, and preservation of cultural and historical resources); and such other matters as may be submitted by— the permanent members of the Council for advice; and the advisory members of the Council, subject to the approval of the permanent members of the Council.
The Council shall make recommendations— to appropriate officials of the Federal Government and the State with respect to— proposed and existing regulations issued by a Federal agency to carry out the responsibilities of the Federal agency under the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. ) and other applicable Federal laws; management plans and studies required by the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. ) and other applicable Federal laws related to public lands (as defined in section 102 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3102 )), including plans and studies for conservation system units, national recreation areas, national conservation areas, the National Petroleum Reserve—Alaska, designated wilderness study areas, other areas managed for wilderness characteristics, and other public land managed by the Secretary of Agriculture or the Secretary of the Interior; proposed regulations issued by the State to carry out the responsibilities of the State under the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. ); the implementation of any regulations, management plans, or studies described in subparagraphs
(A)through (C), including through policies, procedures, guidance, programs, or administrative directives; ways to improve coordination and consultation between the Federal Government and the State in land and wildlife management, transportation planning, natural resource development, wilderness review, and other governmental activities that— may affect land and resource responsibilities of Federal, State, or Alaska Native entities; or require regional or statewide coordination; ways to ensure that economic development is— orderly and planned; consistent with the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. ); and compatible with State and national economic, social, and environmental objectives; any changes in laws, policies, guidance, procedures, administrative directives, and programs relating to publicly managed land and resources that the Council determines to be necessary; the inventory, planning, classification, management, and use of Federal land and State land, respectively; and to provide to Native Corporations, on request of the Native Corporations, assistance with the activities described in clause (i); any necessary modifications with respect to existing withdrawals of Federal land and State land; and the programs and budgets of Federal agencies and State agencies responsible for the administration of Federal land and State land, respectively; and to appropriate officials of the Federal Government, the State, and Native Corporations, with respect to land exchanges, land acquisitions, and boundary adjustments among the Federal Government, the State, and Native Corporations. The Council shall recommend the establishment of cooperative planning zones consisting of areas of the State in which the management of land or resources by 1 member of the Council materially affects the management of land or resources of 1 or more other members of the Council. Federal members of the Council may enter into cooperative agreements with Federal, State, and local agencies and Native Corporations that provide for mutual consultation, review, and coordination of land and resource management plans and programs within the zones recommended under paragraph (1). With respect to land, water, and interests in land and water that are subject to a cooperative agreement in accordance with this subsection, the Secretary may provide technical and other assistance to the landowner with respect to fire control, trespass control, law enforcement, resource use, and planning. Assistance may be provided under subparagraph
(A)without reimbursement if the Secretary determines that providing the assistance without reimbursement would— further the purposes of the cooperative agreement; and be in the public interest. A cooperative agreement entered into under this subsection shall include a plan for public participation consistent with the guidelines established by the Council under section 8. Except as provided in paragraph (2), if any Federal or State agency does not accept a recommendation made by the Council pursuant to subsection
(b)or (c), not later than 60 days after the date of receipt of the recommendation, the agency shall inform the Council, in writing of the reasons of the agency for the action, including, for a Federal agency, a statement of— whether the Federal agency will pursue part or none of the recommended action; and reasons for the decision of the Federal agency with respect to the recommended action. If the Council recommends in writing that an action be taken by a Federal agency to modify Federal regulations, policies, or decisions, the head of the Federal agency shall respond in writing to the Council not later than 90 days after the date on which the Federal agency received the recommendation of the Council. In a response to the Council under paragraph (1), the head of the Federal agency shall— state whether the Federal agency will take all, part, or none of the recommended action; and provide a statement of reasons for the decision of the Federal agency with respect to the recommended action. The Council shall— maintain complete accounts and records of the activities and transactions of the Council; and make accounts and records maintained under paragraph
(1)available for public inspection. Not later than February 1 of each calendar year after the calendar year in which the Council is established, the Presiding Officer shall submit to the President, Congress, the Governor of the State, and the State legislature a report that— describes the activities of the Council during the previous year; and includes any recommendations of the Council for legislative or other actions in furtherance of the purposes of this Act.
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