Page:United States Statutes at Large Volume 102 Part 3.djvu/1028

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2980

PUBLIC LAW 100-586—NOV. 3, 1988

Public Law 100-586 100th Congress An Act Nov. 3, 1988 [H.R. 2806]


Environmental protection.

To amend the Federal Land Policy and Management Act of 1976, to permit temporary use for military purposes of public lands in Alaska managed by the Bureau of Land Management, Department of the lRi,erior, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732) is hereby amended by the addition at the end thereof of a new subsection, as follows: "(d)(1) The Secretary of the Interior, after consultation with the Governor of Alaska, may issue to the Secretary of Defense or to the Secretary of a military department within the Department of Defense or to the Commandant of the Coast Guard a nonrenewable general authorization to utilize public lands in Aleiska (other than within a conservation system unit or the Steese National Conservation Area or the White Mountains National Recreation Area) for purposes of military maneuvering, military training, or equipment testing not involving artillery firing, aerial or other gunnery, or other use of live ammunition or ordnance. "(2) Use of public lands pursuant to a general authorization under this subsection shall be limited to areas where such use would not be inconsistent with the plans prepared pursuant to section 202. Each such use shall be subject to a requirement that the using department shall be responsible for any necessary cleanup and decontamination of the lands used, and to such other terms and conditions (including but not limited to restrictions on use of off-road or allterrain vehicles) as the Secretary of the Interior may require to— "(A) minimize adverse impacts on the natural, environmental, scientific, cultural, and other resources and values (including fish and wildlife habitat) of the public lands involved; and "(B) minimize the period and method of such use and the interference with or restrictions on other uses of the public lands involved. "(3)(A) A general authorization issued pursuant to this subsection shall not be for a term of more than three years and shall be revoked in whole or in part, as the Secretary of the Interior finds necessary, prior to the end of such term upon a determination by the Secretary of the Interior that there has been a failure to comply with its terms and conditions or that activities pursuant to such an authorization have had or might have a significant adverse impact on the resources or values of the affected lands. "(B) Each specific use of a particular area of public lands pursuant to a general authorization under this subsection shall be subject to specific authorization by the Secretary and to appropriate terms and conditions, including such as are described in paragraph (2) of this subsection.