16 U.S.C. § 3102 — Definitions

Page 2232 TITLE 16—CONSERVATION § 3102 cant natural, scenic, historic, archeological, ge- ological, scientific, wilderness, cultural, rec- reational, and wildlife values, the units de- scribed in the following titles are hereby estab- lished. (b) Preservation and protection of scenic, geo- logical, etc., values It is the intent of Congress in this Act to pre- serve unrivaled scenic and geological values as- sociated 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, includ- ing 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 ar- cheological sites, rivers, and lands, and to pre- serve wilderness resource values and related rec- reational opportunities including but not lim- ited to hiking, canoeing, fishing, and sport hunt- ing, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain op- portunities for scientific research and undis- turbed 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 prin- ciples and the purposes for which each conserva- tion 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 of life to continue to do so. (d) Need for future legislation obviated This Act provides sufficient protection for the national interest in the scenic, natural, cultural and environmental values on the public lands in Alaska, and at the same time provides adequate opportunity for satisfaction of the economic and social needs of the State of Alaska and its peo- ple; accordingly, the designation and disposition of the public lands in Alaska pursuant to this Act are found to represent a proper balance be- tween the reservation of national conservation system units and those public lands necessary and appropriate for more intensive use and dis- position, and thus Congress believes that the need for future legislation designating new con- servation system units, new national conserva- tion areas, or new national recreation areas, has been obviated thereby. (Pub. L. 96–487, title I, § 101, Dec. 2, 1980, 94 Stat. 2374.) Editorial Notes REFERENCES IN TEXT The following titles, referred to in subsec. (a), mean titles II to XV of Pub. L. 96–487, Dec. 2, 1980, §§ 201–1503, 94 Stat. 2377–2551. For complete classification of these titles to the Code, see Tables. This Act, referred to in subsecs. (b) to (d), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For com- plete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–487, § 1, Dec. 2, 1980, 94 Stat. 2371, provided that: ‘‘This Act [enacting this chapter, sections 410hh to 410hh–5, 460mm to 460mm–4, 539 to 539e, and 1285b of this title, and sections 1631 to 1641 and 1784 of Title 43, Public Lands, amending sections 410bb, 1274, 1276, 1279, and 1280 of this title and sections 1602, 1606, 1607, 1611, 1613, 1614, 1620, and 1621 of Title 43, enacting provisions set out as notes under this section and sections 431, 668dd, 1132, 1274, and 3145 of this title and sections 1605, 1613, and 1618 of Title 43, and amending provisions set out as notes under sections 1611 and 1613 of Title 43 and preceding section 21 of Title 48, Territories and Insular Possessions] may be cited as the ‘Alaska National In- terest Lands Conservation Act’.’’ § 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 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 De- cember 2, 1980. (3) The term ‘‘public lands’’ means land situ- ated 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 val- idly selected under the Alaska Statehood Act and lands which have been confirmed to, validly selected by, or granted to the Terri- tory 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 Set- tlement Act [43 U.S.C. 1601 et seq.] which have not been conveyed to a Native Corpora- tion, 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)]. (4) The term ‘‘conservation system unit’’ means any unit in Alaska of the National Park System, National Wildlife Refuge Sys- tem, National Wild and Scenic Rivers Sys- tems, National Trails System, National Wil- derness Preservation System, or a National Forest Monument including existing units, units established, designated, or expanded by or under the provisions of this Act, additions to such units, and any such unit established, designated, or expanded hereafter. (5) The term ‘‘Alaska Native Claims Settle- ment Act’’ means ‘‘An Act to provide for the settlement of certain land claims of Alaska Natives, and for other purposes’’, approved De- cember 18, 1971 (85 Stat. 688), as amended [43 U.S.C. 1601 et seq.]. (6) The term ‘‘Native Corporation’’ means any Regional Corporation, any Village Cor- poration, any Urban Corporation, and any Na- tive Group. (7) The term ‘‘Regional Corporation’’ has the same meaning as such term has under section 3(g) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(g)]. Page 2233 TITLE 16—CONSERVATION § 3102 (8) The term ‘‘Village Corporation’’ has the same meaning as such term has under section 3(j) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(j)]. (9) The term ‘‘Urban Corporation’’ means those Native entities which have incorporated pursuant to section 14(h)(3) of the Alaska Na- tive Claims Settlement Act [43 U.S.C. 1613(h)(3)]. (10) The term ‘‘Native Group’’ has the same meaning as such term has under sections 3(d) and 14(h)(2) of the Alaska Native Claims Set- tlement Act [43 U.S.C. 1602(d) and 1613(h)(2)]. (11) The term ‘‘Native land’’ means land owned by a Native Corporation or any Native Group and includes land which, as of Decem- ber 2, 1980, had been selected under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] by a Native Corporation or Native Group and had not been conveyed by the Sec- retary (except to the extent such selection is determined to be invalid or has been relin- quished) and land referred to in section 19(b) of the Alaska Native Claims Settlement Act [43 U.S.C. 1618(b)]. (12) The term ‘‘Secretary’’ means the Sec- retary of the Interior, except that when such term is used with respect to any unit of the National Forest System, such term means the Secretary of Agriculture. (13) The terms ‘‘wilderness’’ and ‘‘National Wilderness Preservation System’’ have the same meaning as when used in the Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.]. (14) The term ‘‘Alaska Statehood Act’’ means the Act entitled ‘‘An Act to provide for the admission of the State of Alaska into the Union’’, approved July 7, 1958 (72 Stat. 339), as amended. (15) The term ‘‘State’’ means the state of Alaska. (16) The term ‘‘Alaska Native’’ or ‘‘Native’’ has the same meaning as the term ‘‘Native’’ has in section 3(b) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(b)]. (17) The term ‘‘fish and wildlife’’ means any member of the animal kingdom, including without limitation any mammal, fish, bird (in- cluding any migratory, nonmigratory or en- dangered bird for which protection is also af- forded by treaty or other international agree- ment), amphibian, reptile, mollusk, crusta- cean, arthropod or other invertebrate, and in- cludes any part, product, egg, or offspring thereof, or the dead body or part thereof. (18) The term ‘‘take’’ or ‘‘taking’’ as used with respect to fish or wildlife, means to pur- sue, hunt, shoot, trap, net capture, collect, kill, harm, or attempt to engage in any such conduct. (Pub. L. 96–487, title I, § 102, Dec. 2, 1980, 94 Stat. 2375; Pub. L. 105–83, title III, § 316(b)(2), (d), Nov. 14, 1997, 111 Stat. 1592, 1595.) Editorial Notes REFERENCES IN TEXT This Act, referred to in provision preceding par. (1) and in par. (4), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Con- servation Act. Title IX of this Act enacted sections 1631 to 1638 of Title 43, Public Lands, amended sections 1614 and 1620 of Title 43, and amended provisions set out as notes under section 1611 of Title 43 and preceding sec- tion 21 of Title 48, Territories and Insular Possessions. Title XIV of this Act enacted sections 1639 to 1641 of Title 43, amended sections 1602, 1606, 1607, 1611, 1613, 1620, and 1621 of Title 43, enacted provisions set out as notes under sections 1605, 1613, and 1618 of Title 43, and amended provisions set out as notes under sections 1611 and 1613 of Title 43. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3101 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in provision preceding par. (1) and in pars. (3)(B), (C)(5), and (11), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Alaska Statehood Act, referred to in provision preceding par. (1) and in pars. (3)(A) and (14), is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and In- sular Possessions. For complete classification of this Act to the Code, see Tables. The Wilderness Act, referred to in par. (13), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified gen- erally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. AMENDMENTS 1997—Par. (2). Pub. L. 105–83, § 316(b)(2), which di- rected the amendment of par. (2) generally, to read as follows: ‘‘The term ‘Federal land’ means lands the title to which is in the United States after December 2, 1980. ‘Federal land’ does not include lands the title to which is in the State, an Alaska Native corporation, or other private ownership.’’, 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 Pub. L. 105–83, title III, § 316(d), Nov. 14, 1997, 111 Stat. 1595, provided that: ‘‘Unless and until laws are adopted in the State of Alaska which provide for the definition, preference, and participation specified in sections 803, 804, and 805 [sections 3113 to 3115 of this title] of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), the amendments made by sub- section (b) of this section [amending this section and sections 3111, 3113 to 3115, 3117, 3124, and 3125 of this title] shall be effective only for the purposes of deter- mining whether the State’s laws provide for such defi- nition, preference, and participation. The Secretary shall certify before December 1, 1998 if such laws have been adopted in the State of Alaska. Subsection (b) shall be repealed on such date if such laws have not been adopted.’’ [The State of Alaska did not adopt laws specified above by Dec. 1, 1998.] SAVINGS CLAUSE Pub. L. 105–83, title III, § 316(c), Nov. 14, 1997, 111 Stat. 1595, provided that: ‘‘No provision of this section [amending this section and sections 3111, 3113 to 3115, 3117, 3124, and 3125 of this title and enacting provisions set out as notes under this section], amendment made by this section, or exercise of authority pursuant to this section may be construed to validate, invalidate, or in any way affect— ‘‘(1) any assertion that an Alaska Native organiza- tion (including a federally recognized tribe, tradi- tional Alaska Native council, or Alaska Native coun- cil organized pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq.) [now 25 U.S.C. 5101 et seq.], as Page 2234 TITLE 16—CONSERVATION § 3103 amended) has or does not have governmental author- ity over lands (including management of, or regula- tion of the taking of, fish and wildlife) or persons within the boundaries of the State of Alaska; ‘‘(2) any assertion that Indian country, as defined in section 1151 of title 18, United States Code, exists or does not exist within the boundaries of the State of Alaska; ‘‘(3) any assertion that the Alaska National Inter- est Lands Conservation Act, as amended (16 U.S.C. 3101 et seq.) is or is not Indian law; or ‘‘(4) the authority of the Secretary of the Interior under section 1314(c) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3202(c)).’’ MORATORIUM ON FEDERAL MANAGEMENT OF SUBSISTENCE USES IN ALASKA Pub. L. 105–277, div. A, § 101(e) [title III, § 339], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295, provided that: [‘‘(a) Repealed. Pub. L. 105–277, div. A, § 101(e) [title III, § 339(b)(2)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295] ‘‘(b) SUBSECTION (a) REPEALED.— ‘‘(1) The Secretary of the Interior shall certify be- fore October 1, 1999, if a bill or resolution has been passed by the Alaska State Legislature to amend the Constitution of the State of Alaska that, if approved by the electorate, would enable the implementation of state laws of general applicability consistent with, and which provide for the definition, preference, and participation specified in sections 803, 804, and 805 of the Alaska National Interest Lands Conservation Act [16 U.S.C. 3113, 3114, 3115]. ‘‘(2) Subsection (a) shall be repealed on October 1, 1999, unless prior to that date the Secretary of the In- terior makes such a certification described in para- graph (1). [A certification was not made prior to Oct. 1, 1999.] ‘‘(c) TECHNICAL AMENDMENTS TO THE ALASKA NA- TIONAL INTEREST LANDS CONSERVATION ACT.—[Amended section 3115 of this title.] ‘‘(d) EFFECT ON TIDAL AND SUBMERGED LAND.—Noth- ing in this section invalidates, validates, or in any other way affects any claim of the State of Alaska to title to any tidal or submerged land in Alaska.’’ Pub. L. 105–83, title III, § 316(a), Nov. 14, 1997, 111 Stat. 1592, provided that: ‘‘None of the funds made available to the Department of the Interior or the Department of Agriculture by this or any other Act hereafter enacted may be used prior to December 1, 1998 to issue or imple- ment final regulations, rules, or policies pursuant to title VIII of the Alaska National Interest Lands Con- servation Act [16 U.S.C. 3111 et seq.] to assert jurisdic- tion, management, or control over the navigable waters transferred to the State of Alaska pursuant to the Sub- merged Lands Act of 1953 [43 U.S.C. 1301 et seq.] or the Alaska Statehood Act of 1959 [Pub. L. 85–508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions].’’ § 3103. Maps (a) Filing and availability for inspection; discrep- ancies; coastal areas The boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary or the Secretary of Agriculture with regard to the National Forest System. In the event of discrepancies between the acreages specified in this Act and those de- picted on such maps, the maps shall be control- ling, but the boundaries of areas added to the National Park, Wildlife Refuge and National Forest Systems shall, in coastal areas not ex- tend seaward beyond the mean high tide line to include lands owned by the State of Alaska un- less the State shall have concurred in such boundary extension and such extension is ac- complished under the notice and reporting re- quirements of this Act. (b) Changes in land management status; publica- tion in Federal Register; filing; clerical er- rors; boundary features and adjustments As soon as practicable after December 2, 1980, a map and legal description of each change in land management status effected by this Act, including the National Wilderness Preservation System, shall be published in the Federal Reg- ister and filed with the Speaker of the House of Representatives and the President of the Sen- ate, and each such description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in each such legal de- scription and map may be made. Each such map and legal description shall be on file and avail- able for public inspection in the office of the Secretary. Whenever possible boundaries shall follow hydrographic divides or embrace other topographic or natural features. Following rea- sonable notice in writing to the Congress of his intention to do so the Secretary and the Sec- retary of Agriculture may make minor adjust- ments in the boundaries of the areas added to or established by this Act as units of National Park, Wildlife Refuge, Wild and Scenic Rivers, National Wilderness Preservation, and National Forest Systems and as national conservation areas and national recreation areas. For the pur- poses of this subsection, a minor boundary ad- justment shall not increase or decrease the amount of land within any such area by more than 23,000 acres. (c) Lands included within unit; acquisition of land by Secretary Only those lands within the boundaries of any conservation system unit which are public lands (as such term is defined in this Act) shall be deemed to be included as a portion of such unit. No lands which, before, on, or after December 2, 1980, are conveyed to the State, to any Native Corporation, or to any private party shall be subject to the regulations applicable solely to public lands within such units. If the State, a Native Corporation, or other owner desires to convey any such lands, the Secretary may ac- quire such lands in accordance with applicable law (including this Act), and any such lands shall become part of the unit, and be adminis- tered accordingly. (Pub. L. 96–487, title I, § 103, Dec. 2, 1980, 94 Stat. 2376.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Inter- est Lands Conservation Act. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. SUBCHAPTER II—SUBSISTENCE MANAGEMENT AND USE § 3111. Congressional declaration of findings The Congress finds and declares that— (1) the continuation of the opportunity for subsistence uses by rural residents of Alaska, including both Natives and non-Natives, on