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16 U.S.C. § 3116 — Federal monitoring; reports to State and Congressional committees

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3114&num=0&edition=prelim) 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.

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Stable record: federal_law:legal_authorities:record_usc_1cc0fe7a371f8a3be95f04af
Source file: Laws/federal/codes/united-states-code/title-16/section-3116-federal-monitoring-reports-to-state-and-congressional-committees--bc062c313d.md
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Passage SHA-256: 8c92aceb8696492c8218775658e3215de605d3a5e7a6510c062ecd2e772f75d8

Source location: Title 16, Chapter 51, § 3116; chapter-051-alaska-national-interest-lands-conservation.md

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The Secretary shall monitor the provisions by the State of the subsistence preference set forth in [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3114&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 21 — Oath of Senators

The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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 councils** Except 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 subsiste

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3116&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3115&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3116 — Federal monitoring; reports to State and

Page 2238 TITLE 16—CONSERVATION § 3116 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.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 101(e) [title III, § 339(c)(1)], struck out ‘‘one year after December 2, 1980,’’ before ‘‘the Secretary’’ in introductory provi- sions. Subsec. (d). Pub. L. 105–277, § 101(e) [title III, § 339(c)(2)], struck out ‘‘within one year from December 2, 1980,’’ before ‘‘the State enacts’’ in first sentence. 1997—Subsec. (a). Pub. L. 105–83, § 316(b)(6)(A), which directed the amendment of subsec. (a) by striking out ‘‘one year after December 2, 1980,’’ before ‘‘the Sec- retary’’ in introductory provisions, was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendment note below. Subsec. (d). Pub. L. 105–83, § 316(b)(6)(B), which di- rected the amendment of subsec. (d) generally to pro- vide for supersedure by enactment and implementation of State laws governing State responsibility, consider- ation of recommendations by State rulemaking author- ity, and for the creation of regional advisory councils, was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105–83 was effective only for purpose

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