16 U.S.C. § 3120 — Subsistence and land use decisions

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