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16 U.S.C. § 3115 — Local and regional participation

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

16 U.S.C. § 3115 — Local and regional participation

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Stable record: federal_law:legal_authorities:record_usc_f63d51457a6afe170d7c4601
Source file: Laws/federal/codes/united-states-code/title-16/section-3115-local-and-regional-participation--7a080b380f.md
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Source location: Title 16, Chapter 51, § 3115; chapter-051-alaska-national-interest-lands-conservation.md

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**(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 subsistence uses of fish and wildlife populations within the region; (ii) an evaluation of current and anticipated subsistence needs for fish and wildlife populations within the region; (iii) a recommended strategy for the management of fish and wildlife populations within the region to accommodate such subsistence uses and needs; and (iv) recommendations concerning policies, standards, guidelines, and regulations to implement the strategy. The State fish and game advisory committees or such local advisory committees as the Secretary may establish pursuant to paragraph (2) of this subsection may provide advice to, and assist, the regional advisory councils in carrying out the functions set forth in this paragraph. **(b) Assignment of staff and distribution of data** The Secretary shall assign adequate qualified staff to the regional advisory councils and make timely distribution of all available relevant technical and scientific support data to the regional advisory councils and the State fish and game advisory committees or such local advisory committees as the Secretary may establish pursuant to paragraph (2) of subsection (a). **(c) Consideration of reports and recommendations of regional advisory councils** The Secretary, in performing his monitoring responsibility pursuant to [section 3116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3116&num=0&edition=prelim) and in the exercise of his closure and other administrative authority over the public lands, shall consider the report and recommendations of the regional advisory councils concerning the taking of fish and wildlife on the public lands within their respective regions for subsistence uses. The Secretary may choose not to follow any recommendation which he determines is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. If a recommendation is not adopted by the Secretary, he shall set forth the factual basis and the reasons for his decision. **(d) Supersedure by enactment and implementation of State laws governing State responsibility; consideration of recommendations by State rulemaking authority** The Secretary shall not implement subsections (a), (b), and (c) of this section if the State enacts and implements laws of general applicability which are consistent with, and which provide for the definition, preference, and participation specified in, sections 3113, 3114, and 3115 of this title, such laws, unless and until repealed, shall supersede such sections insofar as such sections govern State responsibility pursuant to this subchapter for the taking of fish and wildlife on the public lands for subsistence uses. Laws establishing a system of local advisory committees and regional advisory councils consistent with this section shall provide that the State rulemaking authority shall consider the advice and recommendations of the regional councils concerning the taking of fish and wildlife populations on public lands within their respective regions for subsistence uses. The regional councils may present recommendations, and the evidence upon which such recommendations are based, to the State rulemaking authority during the course of the administrative proceedings of such authority. The State rulemaking authority may choose not to follow any recommendation which it determines is not supported by substantial evidence presented during the course of its administrative proceedings, violates recognized principles of fish and wildlife conservation or would be detrimental to the satisfaction of rural subsistence needs. If a recommendation is not adopted by the State rulemaking authority, such authority shall set forth the factual basis and the reasons for its decision. **(e) Reimbursement to State; limitation; report to Congress** (1) The Secretary shall reimburse the State, from funds appropriated to the Department of the Interior for such purposes, for reasonable costs relating to the establishment and operation of the regional advisory councils established by the State in accordance with subsection (d) and the operation of the State fish and game advisory committees so long as such committees are not superseded by the Secretary pursuant to paragraph (2) of subsection (a). Such reimbursement may not exceed 50 per centum of such costs in any fiscal year. Such costs shall be verified in a statement which the Secretary determines to be adequate and accurate. Sums paid under this subsection shall be in addition to any grants, payments, or other sums to which the State is entitled from appropriations to the Department of the Interior. (2) Total payments to the State under this subsection shall not exceed the sum of $5,000,000 in any one fiscal year. The Secretary shall advise the Congress at least once in every five years as to whether or not the maximum payments specified in this subsection are adequate to ensure the effectiveness of the program established by the State to provide the preference for subsistence uses of fish and wildlife 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

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

16 U.S.C. § 3102 — Definitions

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

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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. § 3118 — Park and park monument subsistence resource commissions

**(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

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

16 U.S.C. § 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 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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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3122 — Research

The Secretary, in cooperation with the State and other appropriate Federal agencies, shall undertake research on fish and wildlife and subsistence uses on the public lands; seek data from, consult with and make use of, the special knowledge of local residents engaged in subsistence uses; and make the results of such research available to the State, the local and regional councils established by the Secretary or 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.

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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. § 3115 — Local and regional participation

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

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