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16 U.S.C. § 3120 — Subsistence and land use decisions
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3115&num=0&edition=prelim);
(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** If the Secretary is required to prepare an environmental impact statement pursuant to [section 4332(2)(C) of title 42](h
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Source location: Title 16, Chapter 51, § 3120; chapter-051-alaska-national-interest-lands-conservation.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3115&num=0&edition=prelim);
(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** If the Secretary is required to prepare an environmental impact statement pursuant to [section 4332(2)(C) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim), he shall provide the notice and hearing and include the findings required by subsection (a) as part of such environmental impact statement.
**(c) State or Native Corporation land selections and conveyances** Nothing herein shall be construed to prohibit or impair the ability of the State or any Native Corporation to make land selections and receive land conveyances pursuant to the Alaska Statehood Act or 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.].
**(d) Management or disposal of lands** After compliance with the procedural requirements of this section and other applicable law, the head of the appropriate Federal agency may manage or dispose of public lands under his primary jurisdiction for any of those uses or purposes authorized by this Act or other law.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3115
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation; administration; continuance of resources-management-programs for refuge lands in Alaska; disposal of acquired lands; proceeds**
(1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the “National Wildlife Refuge System” (referred to herein as the “System”), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States Fish and Wildlife Service. With respect to refuge lands in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility.
(2) The mission of the System is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.
(3) With respect to the System, it is the policy of the United States that—
(A) each refuge shall be managed to fulfill the mission of the System, as well as the specific pu
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 668dd
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Multiple use and sustained yield requirements applicable; exception** The Secretary shall manage the public lands under principles of multiple use and sustained yield, in accordance with the land use plans developed by him under [section 1712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim) when they are available, except that where a tract of such public land has been dedicated to specific uses according to any other provisions of law it shall be managed in accordance with such law.
**(b) Easements, permits, etc., for utilization through habitation, cultivation, and development of small trade or manufacturing concerns; applicable statutory requirements** In managing the public lands, the Secretary shall, subject to this Act and other applicable law and under such terms and conditions as are consistent with such law, regulate, through easements, permits, leases, licenses, published rules, or other instruments as the Secretary deems appropriate, the use, occupancy, and development of the public lands, including, but not limited to, long-term leases to permit individuals to utilize public lands for habitation, cultivation, and the development of small trade or manufacturing concerns: Provided, That unless otherwise provided for by law, the Secretary may permit Federal departments and agencies to use, occupy, and develop public lands only through rights-of-way under [section 1767 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1767&num=0&edition=prelim), withdrawals under [section 1714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1714&num=0&edition=prelim), and, where the proposed use and development are simila
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Federal law — U.S. Code and appendices · legal_authorities
Page 2240
TITLE 16—CONSERVATION
§ 3119
§ 3119. Cooperative agreements
The Secretary may enter into cooperative
agreements or otherwise cooperate with other
Federal agencies, the State, Native Corpora-
tions, other appropriate persons and organiza-
tions, 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 provi-
sion 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 re-
duce or eliminate the use, occupancy, or disposi-
tion of public lands needed for subsistence pur-
poses. 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 re-
striction of subsistence uses is necessary, con-
sistent with sound management principles for
the utilization of the public lands, (B) the pro-
posed activity will invol
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3120
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Federal law — U.S. Code and appendices · legal_authorities
Page 434
TITLE 43—PUBLIC LANDS
§ 1600l
1 So in original. Probably should be ‘‘of’’.
§ 1600l. Authorization of appropriations
There is authorized to be appropriated to the
Department of the Interior $600,000, through the
end of fiscal year 1990, in addition to any other
funds now available to the Department to dis-
charge its duties to implement sections 1600b to
1600k of this title and section 4029 of title 42:
Provided, That by mutual agreement, such funds
shall be made available to the Federal Emer-
gency Management Agency to discharge its du-
ties under section 4029 of title 42: Provided fur-
ther, That the provisions of sections 1600d and
1600e of this title shall not be affected by this
section: And Provided further, in addition, Indian
tribes may be eligible under Public Law 93–638
[25 U.S.C. 5301 et seq.] to contract for studies of
Indian lands required under the provisions of
this chapter.
(Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.)
Editorial Notes
REFERENCES IN TEXT
Public Law 93–638, referred to in text, is Pub. L.
93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian
Self-Determination and Education Assistance Act,
which is classified principally to chapter 46 (§ 5301 et
seq.) of Title 25, Indians. For complete classification of
this Act to the Code, see Short Title note set out under
section 5301 of Title 25 and Tables.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
gency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1601
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