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16 U.S.C. § 3103 — Maps

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16 U.S.C. § 3103 — Maps

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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 A, § 101(e) [title III, § 339], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295, provided that: [‘‘(a) Repealed.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 A, § 101(e) [title III, § 339(b)(2)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295] ‘‘(b) SUBSECTION (a) REPEALED.— ‘‘(1) The Secretary of the Interior shall certify be- fore October 1, 1999, if a bill or resolution has been passed by the Alaska State Legislature to amend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 ‘‘(2) Subsection (a) shall be repealed on October 1, 1999, unless prior to that date the Secretary of the In- terior makes such a certification described in para- graph (1).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

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

16 U.S.C. § 3101 — Congressional statement of purpose

**(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

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16 U.S.C. § 3101 — Congressional statement of purpose

Page 2231 TITLE 16—CONSERVATION § 3101 Sec. 3214. Alaska gas pipeline. 3215. Public land entries in Alaska. SUBCHAPTER VII—NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION PROCESS 3231. Areas subject to national need recommenda- tion process. 3232. Recommendations of President to Congress. 3233. Expedited Congressional review. Executive Documents EX. ORD. NO. 13580. INTERAGENCY WORKING GROUP ON CO- ORDINATION OF DOMESTIC ENERGY DEVELOPMENT AND PERMITTING IN ALASKA Ex. Ord. No. 13580, July 12, 2011, 76 F.R. 41989, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an interagency working group to coordinate the efforts of Federal agencies responsible for overseeing the safe and respon- sible development of onshore and offshore energy re- sources and associated infrastructure in Alaska and to help reduce our dependence on foreign oil, it is hereby ordered as follows: SECTION 1. Policy. Interagency coordination is impor- tant for the safe, responsible, and efficient development of oil and natural gas resources in Alaska, both onshore and on the Alaska Outer Continental Shelf (OCS), while protecting human health and the environment, as well as indigenous populations. A number of executive de- partments and agencies (agencies) are charged with en- suring that resource development projects in Alaska comply with health, safety, and environmental protec- tion standards. To formalize and promote ongoing interagency coordination, this order establishes a high- level, interagency working group that will facilitate coordinated and efficient domestic energy development and permitting in Alaska while ensuring that all appli- cable standards are fully met. SEC. 2

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

16 U.S.C. § 3103 — Maps

**(a) Filing and availability for inspection; discrepancies; 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 depicted on such maps, the maps shall be controlling, but the boundaries of areas added to the National Park, Wildlife Refuge and National Forest Systems shall, in coastal areas not extend seaward beyond the mean high tide line to include lands owned by the State of Alaska unless the State shall have concurred in such boundary extension and such extension is accomplished under the notice and reporting requirements of this Act. **(b) Changes in land management status; publication in Federal Register; filing; clerical errors; 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 Register and filed with the Speaker of the House of Representatives and the President of the Senate, 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 description and map may be made. Each such map and legal description shall be on file and available for public inspection in the office of the Secretary. Whenever possible boundaries shall follow hydrographic divides or embrace other topographic or natural features. Following reasonable notice in writing to the Congress of his intention to do so the Secretary an

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16 U.S.C. § 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 the public lands and by Alaska Natives on Native lands is essential to Native physical, economic, traditional, and cultural existence and to non-Native physical, economic, traditional, and social existence; (2) the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses; (3) continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened by the increasing population of Alaska, with resultant pressure on subsistence resources, by sudden decline in the populations of some wildlife species which are crucial subsistence resources, by increased accessibility of remote areas containing subsistence resources, and by taking of fish and wildlife in a manner inconsistent with recognized principles of fish and wildlife management; (4) in order to fulfill the policies and purposes of 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 as a matter of equity, it is necessary for the Congress to invoke its constitutional authority over Native affairs and its constitutional authority under the property clause and the commerce clause to protect and provide the opportunity for continued subsistence uses on the public lands by Native and non-Native rural residents; and (5) the national interest in the proper regulation, protection, and conservation of fish and wildlife

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16 U.S.C. § 3111 — Congressional declaration of findings

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16 U.S.C. § 3113 — Definitions

As used in this Act, the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or 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 customary 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.

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16 U.S.C. § 3113 — Definitions

Page 2235 TITLE 16—CONSERVATION § 3113 the public lands and by Alaska Natives on Na- tive lands is essential to Native physical, eco- nomic, traditional, and cultural existence and to non-Native physical, economic, traditional, and social existence; (2) the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on sub- sistence uses; (3) continuation of the opportunity for sub- sistence uses of resources on public and other lands in Alaska is threatened by the increas- ing population of Alaska, with resultant pres- sure on subsistence resources, by sudden de- cline in the populations of some wildlife spe- cies which are crucial subsistence resources, by increased accessibility of remote areas con- taining subsistence resources, and by taking of fish and wildlife in a manner inconsistent with recognized principles of fish and wildlife man- agement; (4) in order to fulfill the policies and pur- poses of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and as a matter of equity, it is necessary for the Congress to in- voke its constitutional authority over Native affairs and its constitutional authority under the property clause and the commerce clause to protect and provide the opportunity for continued subsistence uses on the public lands by Native and non-Native rural residents; and (5) the national interest in the proper regu- lation, protection, and conservation of fish and wildlife on the public lands in Alaska and the continuation of the opportunity for a sub- sistence way of life by residents of rural Alas- ka require that an administrative structure be established for

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

16 U.S.C. § 3202 — Taking of fish and wildlife

**(a) Responsibility and authority of State of Alaska** Nothing in this Act is intended to enlarge or diminish the responsibility and authority of the State of Alaska for management of fish and wildlife on the public lands except as may be provided in subchapter II of this chapter, or to amend the Alaska constitution. **(b) Responsibility and authority of Secretary** Except as specifically provided otherwise by this Act, nothing in this Act is intended to enlarge or diminish the responsibility and authority of the Secretary over the management of the public lands. **(c) Areas controlled; areas closed, exceptions** The taking of fish and wildlife in all conservation system units, and in national conservation areas, national recreation areas, and national forests, shall be carried out in accordance with the provisions of this Act and other applicable State and Federal law. Those areas designated as national parks or national park system monuments in the State shall be closed to the taking of fish and wildlife, except that— (1) notwithstanding any other provision of this Act, the Secretary shall administer those units of the National Park System, and those additions to existing units, established by this Act and which permit subsistence uses, to provide an opportunity for the continuance of such uses by local rural residents; and (2) fishing shall be permitted by the Secretary in accordance with the provisions of this Act and other applicable State and Federal law.

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16 U.S.C. § 3202 — Taking of fish and wildlife

Page 2268 TITLE 16—CONSERVATION § 3201 1 So in original. Probably should be ‘‘highway,’’. of the Bureau of Indian Affairs in Alaska in grade GS–15. (c) Cooperation notice: hearings In conducting the studies required by this sec- tion, the Secretary shall cooperate with the State and shall consult with each Village Cor- poration within whose area of operation lands described in this section are located and to the maximum extent practicable with the owner of any lands adjoining the lands described in sub- section (a) concerning the desirability of estab- lishing a Denali Scenic Highway. The Secretary, through the National Park Service, shall also give such public notice of the study as he deems appropriate, including at least publication in a newspaper or newspapers having general circula- tion in the area or areas of the lands described in subsection (a), and shall hold a public hearing or hearings at one or more locations convenient to the areas affected. (d) Report Within three years after December 2, 1980, the Secretary shall report to the President the re- sults of the studies carried out pursuant to this section together with his recommendation as to whether the scenic highway studied should be established and, if his recommendation is to es- tablish the scenic highway, the lands described in subsection (a) which should be included there- in. Such report shall include the views and rec- ommendations of all members of the study team. The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations and those of the Governor of Alaska with respect to creation of the scenic highways,1 together with maps thereof, a definition of boundaries thereof, an estimate of costs, recommendati

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43 U.S.C. § 1301 — Definitions

When used in this subchapter and subchapter II— **(a)** The term “lands beneath navigable waters” means— (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; **(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha

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