If Alaska is one of a kind, so is the legal framework for management of its public lands. The Alaska National Interest Lands Conservation Act of 1980 is remarkable for its emphasis on protecting intact wilderness ecosystems in their entirety, including wildlife populations. The law also sought to provide for traditional human uses. Exactly what those provisions mean, though, is far from settled.
History
The Alaska National Interest Lands Conservation Act (ANILCA) of 1980 was one of the most ambitious conservation initiatives ever enacted. It established 104.3 million acres of National Parks, National Wildlife Refuges and other protected units in Alaska. It designated wilderness in the Tongass National Forest, Wild and Scenic Rivers, the Steese National Conservation Area and the White Mountains National Recreation Area.
"Never before have we seized the opportunity to preserve so much of America's natural and cultural heritage on so grand a scale," said President Jimmy Carter when he signed the measure into law. But today, over two decades since ANILCA became law, many of the lands the law intended to protect remain under serious threats.
Also Provides for Traditional Human Uses
ANILCA also sought to recognize and accommodate Alaska's unique remoteness and its cultural and traditional subsistence heritage, particularly the relationship of this heritage to public lands. ANILCA thus allows exceptions to the restrictions that typically apply against motorized uses in wilderness and other conservation system units.
Specifically, the law provides that snowmachines, motorboats and fixed-wing aircraft may be used in designated wildernesses and other conservation system units for customary and traditional uses.
As stated in the ANILCA Report of the Senate Committee on Energy and Natural Resources, "customary and traditional uses" include travel to and from homesites, travel to and from villages and taking of resources for subsistence purposes, such as subsistence and sport hunting, fishing and berrypicking."
Compromising Alaska's Public Lands
The law never meant to include recreational uses as customary and traditional uses when allowing the use of motorized equipment in wilderness areas and other conservation system units.
But recreational snowmobilers and others are claiming that right and a prime target is designated wilderness inside Denali National Park. The Wilderness Society and its conservation partners are just as steadfastly opposing it.
Mining, clearcutting, oil development, motorized vehicle use, tourist-related development and other activities compromise the integrity of Alaska's great public lands. The agencies charged with managing them and their resources on behalf of the American people lack the funding to conduct biological research, enforce the law and manage growing numbers of visitors. A major goal of The Wilderness Society is to reverse that trend. We will advocate for adequate funding for land management agencies through the congressional budget process. And, with the help of partners and grassroots activists, we will continually remind the land managers of their responsibilities under the law.
ANILCA Citizens' Guide
The Wilderness Society, in collaboration with Trustees for Alaska and the Native American Rights Fund, has recently published "The Alaska National Interest Lands Conservation Act." The guide is meant to help the public understand this extraordinary Act of Congress, the threats to its proper implementation and the unfinished task of realizing its full promise.
>> Order a copy by emailing publications@tws.org