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16 U.S.C. § 3118 — Park and park monument subsistence resource commissions

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

16 U.S.C. § 3118 — Park and park monument subsistence resource commissions

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Stable record: federal_law:legal_authorities:record_usc_70ba94c2fb25c70cc851358c
Source file: Laws/federal/codes/united-states-code/title-16/section-3118-park-and-park-monument-subsistence-resource-commissions--28e7fe6a74.md
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Source location: Title 16, Chapter 51, § 3118; chapter-051-alaska-national-interest-lands-conservation.md

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**(a) Appointment of members; development of subsistence hunting program; annual review of program** Within one year from December 2, 1980, the Secretary and the Governor shall each appoint three members to a subsistence resources commission for each national park or park monument within which subsistence uses are permitted by this Act. The regional advisory council established pursuant to [section 3115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3115&num=0&edition=prelim) which has jurisdiction within the area in which the park or park monument is located shall appoint three members to the commission each of whom is a member of either the regional advisory council or a local advisory committee within the region and also engages in subsistence uses within the park or park monument. Within eighteen months from December 2, 1980, each commission shall devise and recommend to the Secretary and the Governor a program for subsistence hunting within the park or park monument. Such program shall be prepared using technical information and other pertinent data assembled or produced by necessary field studies or investigations conducted jointly or separately by the technical and administrative personnel of the State and the Department of the Interior, information submitted by, and after consultation with the appropriate local advisory committees and regional advisory councils, and any testimony received in a public hearing or hearings held by the commission prior to preparation of the plan at a convenient location or locations in the vicinity of the park or park monument. Each year thereafter, the commission, after consultation with the appropriate local committees and regional councils, considering all relevant data and holding one or more additional hearings in the vicinity of the park or park monument, shall make recommendations to the Secretary and the Governor for any changes in the program or its implementation which the commission deems necessary. **(b) Implementation of subsistence hunting program** The Secretary shall promptly implement the program and recommendations submitted to him by each commission unless he finds in writing that such program or recommendations violates recognized principles of wildlife conservation, threatens the conservation of healthy populations of wildlife in the park or park monument, is contrary to the purposes for which the park or park monument is established, or would be detrimental to the satisfaction of subsistence needs of local residents. Upon notification by the Governor, the Secretary shall take no action on a submission of a commission for sixty days during which period he shall consider any proposed changes in the program or recommendations submitted by the commission which the Governor provides him. **(c) Subsistence uses prior to implementation of subsistence hunting program** Pending the implementation of a program under subsection (a) of this section, the Secretary shall permit subsistence uses by local residents in accordance with the provisions of this subchapter and other applicable Federal and State law.

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

16 U.S.C. § 3101 — Congressional statement of purpose

**(a) Establishment of units** In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established. **(b) Preservation and protection of scenic, geological, etc., values** It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems. **(c) Subsistence way of life for rural residents** It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way

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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. § 3118 — Park and park monument subsistence re-

Page 2239 TITLE 16—CONSERVATION § 3118 (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 rem- edy created by this subchapter for local resi- dents and other residents who, and organiza- tions 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. (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.) Editorial Notes AMENDMENTS 1997—Subsec. (b). Pub. L. 105–83, § 316(b)(7), which di- rected amendment of section by adding subsec. (b) reading as follows: ‘‘State agency actions may be de- clared invalid by the court only if they are arbitrary, capricious, or an abuse of discretion, or otherwise not in accordance with law. When reviewing any action within the specialized knowledge of a State agency, the court shall give the decision of the State agency the same deference it would give the same decision of a comparable Federal agency.’’, was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendments note below. 1984—Subsec. (b). Pub. L. 98–620 struck out subsec. (b) which had provided that a civil action filed pursuant to this section was to be assigned for hearing at the ear- liest possible date, was to take precedence over other matters pending on the docket of the United States dis- trict court at that time, and was to be expedited in every way by such court and any appellate court. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1997

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3118

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