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16 U.S.C. § 3117 — Judicial enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Exhaustion of administrative remedies; civil action; parties; preliminary injunctive relief; other relief; costs and attorney’s fees** Local residents and other persons and organizations aggrieved by a failure of the State or the Federal Government to provide for the priority for subsistence uses set forth in [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3114&num=0&edition=prelim) (or with respect to the State as set forth in a State law of general applicability if the State has fulfilled the requirements of [section 3115(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3115/d&num=0&edition=prelim)) may, upon exhaustion of any State or Federal (as appropriate) administrative remedies which may be available, file a civil action in the United States District Court for the District of Alaska to require such actions to be taken as are necessary to provide for the priority. In a civil action filed against the State, the Secretary may be joined as a party to such action. The court may grant preliminary injunctive relief in any civil action if the granting of such relief is appropriate under the facts upon which the action is based. No order granting preliminary relief shall be issued until after an opportunity for hearing. In a civil action filed against the State, the court shall provide relief, other than preliminary relief, by directing the State to submit regulations which satisfy the requirements of [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3114&num=0&edition=prelim); when approved by the court, such regulations shall be incorporated as part of the final judicial order, and such order shall be valid o
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Stable record: federal_law:legal_authorities:record_usc_3e48611e5de2fc9d793ea607
Source file: Laws/federal/codes/united-states-code/title-16/section-3117-judicial-enforcement--26b144c94a.md
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Source location: Title 16, Chapter 51, § 3117; chapter-051-alaska-national-interest-lands-conservation.md
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**(a) Exhaustion of administrative remedies; civil action; parties; preliminary injunctive relief; other relief; costs and attorney’s fees** Local residents and other persons and organizations aggrieved by a failure of the State or the Federal Government to provide for the priority for subsistence uses set forth in [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3114&num=0&edition=prelim) (or with respect to the State as set forth in a State law of general applicability if the State has fulfilled the requirements of [section 3115(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3115/d&num=0&edition=prelim)) may, upon exhaustion of any State or Federal (as appropriate) administrative remedies which may be available, file a civil action in the United States District Court for the District of Alaska to require such actions to be taken as are necessary to provide for the priority. In a civil action filed against the State, the Secretary may be joined as a party to such action. The court may grant preliminary injunctive relief in any civil action if the granting of such relief is appropriate under the facts upon which the action is based. No order granting preliminary relief shall be issued until after an opportunity for hearing. In a civil action filed against the State, the court shall provide relief, other than preliminary relief, by directing the State to submit regulations which satisfy the requirements of [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3114&num=0&edition=prelim); when approved by the court, such regulations shall be incorporated as part of the final judicial order, and such order shall be valid only for such period of time as normally provided by State law for the regulations at issue. Local residents and other persons and organizations who are prevailing parties in an action filed pursuant to this section shall be awarded their 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** This section is the sole Federal judicial remedy created by this subchapter for local residents and other residents who, and organizations which, are aggrieved by a failure of the State to provide for the priority of subsistence uses set forth in [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3114&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1826&num=0&edition=prelim), any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)) would be maintained in a factual context that indicates that a request for expedited consideration has merit.
**(b)** The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1657
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Federal law — U.S. Code and appendices · legal_authorities
As used in this Act (except that in titles IX and XIV the following terms shall have the same meaning as they have in the Alaska Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], and the Alaska Statehood Act)—
(1) The term “land” means lands, waters, and interests therein.
(2) The term “Federal land” means lands the title to which is in the United States after December 2, 1980.
(3) The term “public lands” means land situated in Alaska which, after December 2, 1980, are Federal lands, except—
(A) land selections of the State of Alaska which have been tentatively approved or validly selected under the Alaska Statehood Act and lands which have been confirmed to, validly selected by, or granted to the Territory of Alaska or the State under any other provision of Federal law;
(B) land selections of a Native Corporation made under the Alaska Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.] which have not been conveyed to a Native Corporation, unless any such selection is determined to be invalid or is relinquished; and
(C) lands referred to in section 19(b) of the Alaska Native Claims Settlement Act [[43 U.S.C. 1618(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1618/b&num=0&edition=prelim)].
(4) The term “conservation system unit” means any unit in Alaska of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers Systems, National Trails System, National Wilderness Preservation System, or a National Forest Monument including existing units, units established, designated, or expan
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3102
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3114
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3117
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