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Page 2239 TITLE 16—CONSERVATION § 3118 (b) Repealed.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decision of the State agency the same deference it would give the same decision of a comparable Federal agency.’’, was repealed by Pub.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 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105–83 was effective only for purpose of determining whether State’s laws provide for such definition, pref- erence, and participation, and such amendment was re- pealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105–83 set out as a note under section 3102 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. § 3118. Park and park monument subsistence re- source 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 com- mission for each national park or park monu- ment within which subsistence uses are per- mitted by this Act. The regional advisory coun- cil established pursuant to section 3115 of this title 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 subsist- ence 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 ad- visory committees and regional advisory coun- cils, 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 appro- priate 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 rec- ommendations to the Secretary and the Gov- ernor for any changes in the program or its im- plementation which the commission deems nec- essary. (b) Implementation of subsistence hunting pro- gram The Secretary shall promptly implement the program and recommendations submitted to him by each commission unless he finds in writ- ing that such program or recommendations vio- lates recognized principles of wildlife conserva- tion, threatens the conservation of healthy pop- ulations of wildlife in the park or park monu- ment, 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 pro- posed changes in the program or recommenda- tions 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 Sec- retary shall permit subsistence uses by local residents in accordance with the provisions of this subchapter and other applicable Federal and State law. (Pub. L. 96–487, title VIII, § 808, Dec. 2, 1980, 94 Stat. 2426.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. 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 involve the minimal amount of public lands necessary to accom- plish 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 envi- ronmental impact statement pursuant to sec- tion 4332(2)(C) of title 42, he shall provide the no- tice and hearing and include the findings re- quired by subsection (a) as part of such environ- mental 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 State- hood Act or the Alaska Native Claims Settle- ment Act [43 U.S.C. 1601 et seq.]. (d) Management or disposal of lands After compliance with the procedural require- ments of this section and other applicable law, the head of the appropriate Federal agency may manage or dispose of public lands under his pri- mary jurisdiction for any of those uses or pur- poses authorized by this Act or other law. (Pub. L. 96–487, title VIII, § 810, Dec. 2, 1980, 94 Stat. 2427.) Editorial Notes REFERENCES IN TEXT The Alaska Statehood Act, referred to in subsec. (c), is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Terri- tories and Insular Possessions. For complete classifica- tion of this Act to the Code, see Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (c), 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 our under section 1601 of Title 43 and Tables. This Act, referred to in subsec. (d), is Pub. L 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3121. Rural residents engaged in subsistence uses (a) Access to subsistence resources The Secretary shall ensure that rural resi- dents engaged in subsistence uses shall have rea- sonable access to subsistence resources on the public lands. (b) Use of snowmobiles, motorboats, or other means of surface transportation Notwithstanding any other provision of this Act or other law, the Secretary shall permit on the public lands appropriate use for subsistence purposes of snowmobiles, motorboats, and other means of surface transportation traditionally employed for such purposes by local residents, subject to reasonable regulation. (Pub. L. 96–487, title VIII, § 811, Dec. 2, 1980, 94 Stat. 2428.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), is Pub. L 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3122. Research The Secretary, in cooperation with the State and other appropriate Federal agencies, shall undertake research on fish and wildlife and sub- sistence uses on the public lands; seek data from, consult with and make use of, the special knowledge of local residents engaged in subsist- ence 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, and other appropriate persons and organizations. (Pub. L. 96–487, title VIII, § 812, Dec. 2, 1980, 94 Stat. 2428.) § 3123. Periodic reports Within four years after December 2, 1980, and within every three-year period thereafter, the