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16 U.S.C. § 3114 — Preference for subsistence uses
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.
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Stable record: federal_law:legal_authorities:record_usc_e06dfe2732554e0e93ff70db
Source file: Laws/federal/codes/united-states-code/title-16/section-3114-preference-for-subsistence-uses--a487d5ae73.md
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Passage SHA-256: 3475fb38adf61813eefe352007487e76c50051ab75f8c5cdee7c46a91acf3fe6
Source location: Title 16, Chapter 51, § 3114; chapter-051-alaska-national-interest-lands-conservation.md
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3101
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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
**(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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3116
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3117
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Federal law — U.S. Code and appendices · legal_authorities
Page 2236
TITLE 16—CONSERVATION
§ 3114
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 cus-
tomary 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, 111 Stat. 1593, 1595.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1),
is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the
Alaska National Interest Lands Conservation Act. For
complete classification of this Act to the Code, see
Short Title note set out under section 3101 of this title
and Tables.
AMENDMENTS
1997—Pars. (3) to (5). Pub. L. 105–83, § 316(b)(4), which
directed the addition of pars. (3) to (5) was repealed by
Pub. L. 105–83, § 316(d). Pars. (3) to (5) read as follows:
‘‘(3) ‘customary and traditional uses’ means the non-
commercial, long-term, and consistent taking of, use
of, or reliance upon fish and wildlife in a specific area
and the patterns and practices of taking or use of that
fish and wildlife that have been established over a rea-
sonable period of time, taking into consideration the
availability of the fish and wildl
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3114
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.