Collapse to view only § 3120. Subsistence and land use decisions
- § 3111. Congressional declaration of findings
- § 3112. Congressional statement of policy
- § 3113. Definitions
- § 3114. Preference for subsistence uses
- § 3115. Local and regional participation
- § 3116. Federal monitoring; reports to State and Congressional committees
- § 3117. Judicial enforcement
- § 3118. Park and park monument subsistence resource commissions
- § 3119. Cooperative agreements
- § 3120. Subsistence and land use decisions
- § 3121. Rural residents engaged in subsistence uses
- § 3122. Research
- § 3123. Periodic reports
- § 3124. Regulations
- § 3125. Limitations and savings clauses
- § 3126. Closure to subsistence uses
§ 3111. Congressional declaration of findings
The Congress finds and declares that—
(1) the continuation of the opportunity for subsistence uses by rural residents of Alaska, including both Natives and non-Natives, on the public lands and by Alaska Natives on Native lands is essential to Native physical, economic, traditional, and cultural existence and to non-Native physical, economic, traditional, and social existence;
(2) the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses;
(3) continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened by the increasing population of Alaska, with resultant pressure on subsistence resources, by sudden decline in the populations of some wildlife species which are crucial subsistence resources, by increased accessibility of remote areas containing subsistence resources, and by taking of fish and wildlife in a manner inconsistent with recognized principles of fish and wildlife management;
(4) in order to fulfill the policies and purposes of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and as a matter of equity, it is necessary for the Congress to invoke its constitutional authority over Native affairs and its constitutional authority under the property clause and the commerce clause to protect and provide the opportunity for continued subsistence uses on the public lands by Native and non-Native rural residents; and
(5) the national interest in the proper regulation, protection, and conservation of fish and wildlife on the public lands in Alaska and the continuation of the opportunity for a subsistence way of life by residents of rural Alaska require that an administrative structure be established for the purpose of enabling rural residents who have personal knowledge of local conditions and requirements to have a meaningful role in the management of fish and wildlife and of subsistence uses on the public lands in Alaska.
(Pub. L. 96–487, title VIII, § 801, Dec. 2, 1980, 94 Stat. 2422; Pub. L. 105–83, title III, § 316(b)(3), (d), Nov. 14, 1997, 111 Stat. 1592, 1595.)
§ 3112. Congressional statement of policy
It is hereby declared to be the policy of Congress that—
(1) consistent with sound management principles, and the conservation of healthy populations of fish and wildlife, the utilization of the public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the resources of such lands; consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for each unit established, designated, or expanded by or pursuant to titles II through VII of this Act, the purpose of this subchapter is to provide the opportunity for rural residents engaged in a subsistence way of life to do so;
(2) nonwasteful subsistence uses of fish and wildlife and other renewable resources shall be the priority consumptive uses of all such resources on the public lands of Alaska when it is necessary to restrict taking in order to assure the continued viability of a fish or wildlife population or the continuation of subsistence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public lands over other consumptive uses; and
(3) except as otherwise provided by this Act or other Federal laws, Federal land managing agencies, in managing subsistence activities on the public lands and in protecting the continued viability of all wild renewable resources in Alaska, shall cooperate with adjacent landowners and land managers, including Native Corporations, appropriate State and Federal agencies, and other nations.
(Pub. L. 96–487, title VIII, § 802, Dec. 2, 1980, 94 Stat. 2422.)
§ 3113. DefinitionsAs used in this Act, the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for customary trade. For the purposes of this section, the term—
(1) “family” means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and
(2) “barter” means the exchange of fish or wildlife or their parts, taken for subsistence uses—
(A) for other fish or game or their parts; or
(B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.
(Pub. L. 96–487, title VIII, § 803, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105–83, title III, § 316(b)(4), (d), Nov. 14, 1997,
§ 3114. Preference for subsistence uses
Except as otherwise provided in this Act and other Federal laws, the taking on public lands of fish and wildlife for nonwasteful subsistence uses shall be accorded priority over the taking on such lands of fish and wildlife for other purposes. Whenever it is necessary to restrict the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, such priority shall be implemented through appropriate limitations based on the application of the following criteria:
(1) customary and direct dependence upon the populations as the mainstay of livelihood;
(2) local residency; and
(3) the availability of alternative resources.
(Pub. L. 96–487, title VIII, § 804, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105–83, title III, § 316(b)(5), (d), Nov. 14, 1997, 111 Stat. 1593, 1595.)
§ 3115. Local and regional participation
(a) Establishment of subsistence resources regions, local advisory committees, and regional advisory councils; membership, duties, and authority of regional advisory councilsExcept as otherwise provided in subsection (d) of this section, the Secretary in consultation with the State shall establish—
(1) at least six Alaska subsistence resource regions which, taken together, include all public lands. The number and boundaries of the regions shall be sufficient to assure that regional differences in subsistence uses are adequately accommodated;
(2) such local advisory committees within each region as he finds necessary at such time as he may determine, after notice and hearing, that the existing State fish and game advisory committees do not adequately perform the functions of the local committee system set forth in paragraph (3)(D)(iv) of this subsection; and
(3) a regional advisory council in each subsistence resource region.
Each regional advisory council shall be composed of residents of the region and shall have the following authority:
(A) the review and evaluation of proposals for regulations, policies, management plans, and other matters relating to subsistence uses of fish and wildlife within the region;
(B) the provision of a forum for the expression of opinions and recommendations by persons interested in any matter related to subsistence uses of fish and wildlife within the region;
(C) the encouragement of local and regional participation pursuant to the provisions of this subchapter in the decisionmaking process affecting the taking of fish and wildlife on the public lands within the region for subsistence uses;
(D) the preparation of an annual report to the Secretary which shall contain—
(i) an identification of current and anticipated subsistence uses of fish and wildlife populations within the region;
(ii) an evaluation of current and anticipated subsistence needs for fish and wildlife populations within the region;
(iii) a recommended strategy for the management of fish and wildlife populations within the region to accommodate such subsistence uses and needs; and
(iv) recommendations concerning policies, standards, guidelines, and regulations to implement the strategy. The State fish and game advisory committees or such local advisory committees as the Secretary may establish pursuant to paragraph (2) of this subsection may provide advice to, and assist, the regional advisory councils in carrying out the functions set forth in this paragraph.
(b) Assignment of staff and distribution of data
(c) Consideration of reports and recommendations of regional advisory councils
(d) Supersedure by enactment and implementation of State laws governing State responsibility; consideration of recommendations by State rulemaking authority
(e) Reimbursement to State; limitation; report to Congress
(1) The Secretary shall reimburse the State, from funds appropriated to the Department of the Interior for such purposes, for reasonable costs relating to the establishment and operation of the regional advisory councils established by the State in accordance with subsection (d) and the operation of the State fish and game advisory committees so long as such committees are not superseded by the Secretary pursuant to paragraph (2) of subsection (a). Such reimbursement may not exceed 50 per centum of such costs in any fiscal year. Such costs shall be verified in a statement which the Secretary determines to be adequate and accurate. Sums paid under this subsection shall be in addition to any grants, payments, or other sums to which the State is entitled from appropriations to the Department of the Interior.
(2) Total payments to the State under this subsection shall not exceed the sum of $5,000,000 in any one fiscal year. The Secretary shall advise the Congress at least once in every five years as to whether or not the maximum payments specified in this subsection are adequate to ensure the effectiveness of the program established by the State to provide the preference for subsistence uses of fish and wildlife set forth in section 3114 of this title.
(Pub. L. 96–487, title VIII, § 805, Dec. 2, 1980, 94 Stat. 2424; Pub. L. 105–83, title III, § 316(b)(6), (d), Nov. 14, 1997, 111 Stat. 1593, 1595; Pub. L. 105–277, div. A, § 101(e) [title III, § 339(c)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–296.)
§ 3116. Federal monitoring; reports to State and Congressional committees
The Secretary shall monitor the provisions by the State of the subsistence preference set forth in section 3114 of this title and shall advise the State and the Committees on Natural Resources and on Merchant Marine and Fisheries of the House of Representatives and the Committees on Energy and Natural Resources and Environment and Public Works of the Senate annually and at such other times as he deems necessary of his views on the effectiveness of the implementation of this subchapter including the State’s provision of such preference, any exercise of his closure or other administrative authority to protect subsistence resources or uses, the views of the State, and any recommendations he may have.
(Pub. L. 96–487, title VIII, § 806, Dec. 2, 1980, 94 Stat. 2425; Pub. L. 103–437, § 6(y), Nov. 2, 1994, 108 Stat. 4587.)
§ 3117. Judicial enforcement
(a) Exhaustion of administrative remedies; civil action; parties; preliminary injunctive relief; other relief; costs and attorney’s fees
(b) Repealed. Pub. L. 98–620, title IV, § 402(22)(A), Nov. 8, 1984, 98 Stat. 3358
(c) Section as sole Federal judicial remedy
(Pub. L. 96–487, title VII, § 807, Dec. 2, 1980, 94 Stat. 2426; Pub. L. 98–620, title IV, § 402(22)(A), Nov. 8, 1984, 98 Stat. 3358; Pub. L. 105–83, title III, § 316(b)(7), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.)
§ 3118. Park and park monument subsistence resource commissions
(a) Appointment of members; development of subsistence hunting program; annual review of program
(b) Implementation of subsistence hunting program
(c) Subsistence uses prior to implementation of subsistence hunting program
(Pub. L. 96–487, title VIII, § 808, Dec. 2, 1980, 94 Stat. 2426.)
§ 3119. Cooperative agreements
The Secretary may enter into cooperative agreements or otherwise cooperate with other Federal agencies, the State, Native Corporations, other appropriate persons and organizations, and, acting through the Secretary of State, other nations to effectuate the purposes and policies of this subchapter.
(Pub. L. 96–487, title VIII, § 809, Dec. 2, 1980, 94 Stat. 2427.)
§ 3120. Subsistence and land use decisions
(a) Factors considered; requirements
In determining whether to withdraw, reserve, lease, or otherwise permit the use, occupancy, or disposition of public lands under any provision of law authorizing such actions, the head of the Federal agency having primary jurisdiction over such lands or his designee shall evaluate the effect of such use, occupancy, or disposition on subsistence uses and needs, the availability of other lands for the purposes sought to be achieved, and other alternatives which would reduce or eliminate the use, occupancy, or disposition of public lands needed for subsistence purposes. No such withdrawal, reservation, lease, permit, or other use, occupancy or disposition of such lands which would significantly restrict subsistence uses shall be effected until the head of such Federal agency—
(1) gives notice to the appropriate State agency and the appropriate local committees and regional councils established pursuant to section 3115 of this title;
(2) gives notice of, and holds, a hearing in the vicinity of the area involved; and
(3) determines that (A) such a significant restriction of subsistence uses is necessary, consistent with sound management principles for the utilization of the public lands, (B) the proposed activity will involve the minimal amount of public lands necessary to accomplish the purposes of such use, occupancy, or other disposition, and (C) reasonable steps will be taken to minimize adverse impacts upon subsistence uses and resources resulting from such actions.
(b) Environmental impact statement
(c) State or Native Corporation land selections and conveyances
(d) Management or disposal of lands
(Pub. L. 96–487, title VIII, § 810, Dec. 2, 1980, 94 Stat. 2427.)
§ 3121. Rural residents engaged in subsistence uses
(a) Access to subsistence resources
(b) Use of snowmobiles, motorboats, or other means of surface transportation
(Pub. L. 96–487, title VIII, § 811, Dec. 2, 1980, 94 Stat. 2428.)
§ 3122. Research
The Secretary, in cooperation with the State and other appropriate Federal agencies, shall undertake research on fish and wildlife and subsistence uses on the public lands; seek data from, consult with and make use of, the special knowledge of local residents engaged in subsistence uses; and make the results of such research available to the State, the local and regional councils established by the Secretary or State pursuant to section 3115 of this title, and other appropriate persons and organizations.
(Pub. L. 96–487, title VIII, § 812, Dec. 2, 1980, 94 Stat. 2428.)
§ 3123. Periodic reports
Within four years after December 2, 1980, and within every three-year period thereafter, the Secretary, in consultation with the Secretary of Agriculture, shall prepare and submit a report to the President of the Senate and the Speaker of the House of Representatives on the implementation of this subchapter. The report shall include—
(1) an evaluation of the results of the monitoring undertaken by the Secretary as required by section 3116 of this title;
(2) the status of fish and wildlife populations on public lands that are subject to subsistence uses;
(3) a description of the nature and extent of subsistence uses and other uses of fish and wildlife on the public lands;
(4) the role of subsistence uses in the economy and culture of rural Alaska;
(5) comments on the Secretary’s report by the State, the local advisory councils and regional advisory councils established by the Secretary or the State pursuant to section 3115 of this title, and other appropriate persons and organizations;
(6) a description of those actions taken, or which may need to be taken in the future, to permit the opportunity for continuation of activities relating to subsistence uses on the public lands; and
(7) such other recommendations the Secretary deems appropriate.
A notice of the report shall be published in the Federal Register and the report shall be made available to the public.
(Pub. L. 96–487, title VIII, § 813, Dec. 2, 1980, 94 Stat. 2428.)
§ 3124. Regulations
The Secretary shall prescribe such regulations as are necessary and appropriate to carry out his responsibilities under this subchapter.
(Pub. L. 96–487, title VIII, § 814, Dec. 2, 1980, 94 Stat. 2429; Pub. L. 105–83, title III, § 316(b)(8), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.)
§ 3125. Limitations and savings clauses
Nothing in this subchapter shall be construed as—
(1) granting any property right in any fish or wildlife or other resource of the public lands or as permitting the level of subsistence uses of fish and wildlife within a conservation system unit to be inconsistent with the conservation of healthy populations, and within a national park or monument to be inconsistent with the conservation of natural and healthy populations, of fish and wildlife. No privilege which may be granted by the State to any individual with respect to subsistence uses may be assigned to any other individual;
(2) permitting any subsistence use of fish and wildlife on any portion of the public lands (whether or not within any conservation system unit) which was permanently closed to such uses on January 1, 1978, or enlarging or diminishing the Secretary’s authority to manipulate habitat on any portion of the public lands;
(3) authorizing a restriction on the taking of fish and wildlife for nonsubsistence uses on the public lands (other than national parks and park monuments) unless necessary for the conservation of healthy populations of fish and wildlife, for the reasons set forth in section 3126 of this title, to continue subsistence uses of such populations, or pursuant to other applicable law; or
(4) modifying or repealing the provisions of any Federal law governing the conservation or protection of fish and wildlife, including the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927; 16 U.S.C. 668dd–jj), section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, the Fur Seal Act of 1966 (80 Stat. 1091; 16 U.S.C. 1187) [16 U.S.C. 1151 et seq.], the Endangered Species Act of 1973 (87 Stat. 884; 16 U.S.C. 1531–1543), the Marine Mammal Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361–1407), the Act entitled “An Act for the Protection of the Bald Eagle”, approved June 8, 1940 (54 Stat. 250; 16 U.S.C. 742a–754) [16 U.S.C. 668 et seq.], the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703–711), the Federal Aid in Wildlife Restoration Act (50 Stat. 917; 16 U.S.C. 669–669i), the Magnuson-Stevens Fishery Conservation and Management Act (90 Stat. 331; 16 U.S.C. 1801–1882), the Federal Aid in Fish Restoration Act (64 Stat. 430; 16 U.S.C. 777–777k), or any amendments to any one or more of such Acts or such title.
(Pub. L. 96–487, title VIII, § 815, Dec. 2, 1980, 94 Stat. 2429; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–83, title III, § 316(b)(9), (d), Nov. 14, 1997, 111 Stat. 1594, 1595; Pub. L. 113–287, § 5(d)(33), Dec. 19, 2014, 128 Stat. 3267.)
§ 3126. Closure to subsistence uses
(a) National parks and park monuments in Alaska; authorization of subsistence uses and sport fishing
(b) Closure for public safety, administration, or the continued viability of fish and wildlife population
(Pub. L. 96–487, title VIII, § 816, Dec. 2, 1980, 94 Stat. 2430.)