16 U.S.C. § 3168 — Injunctive relief

Page 2254 TITLE 16—CONSERVATION § 3167 the House of Representatives and Senate ap- prove the application for under title XI of the Alaska National Interest Lands Con- servation Act submitted by the President to the Congress on , 19 .’’; the first blank space therein to be filled in with the appropriate transportation or utility system and the second blank therein to be filled with the date on which the President submits the application to the House of Representatives and the Senate. (5) Except as otherwise provided in this sub- section, the provisions of section 719f(d) of title 15 shall apply to the consideration of the resolu- tion. (6) After an application for a transportation or utility system has been approved under sub- section (a), the appropriate Federal agencies shall issue appropriate authorizations in accord- ance with applicable law. In any case in which an application for a transportation or utility system has been approved pursuant to sub- section (b), the appropriate Federal agencies shall issue appropriate authorizations in accord- ance with title V of the Federal Lands Policy Management Act [43 U.S.C. 1761 et seq.] or other applicable law. After issuance pursuant to this subsection, the appropriate land managing agen- cy shall administer the right-of-way in accord- ance with relevant management authorities of the land managing agency and title V of the Federal Lands Policy Management Act. (Pub. L. 96–487, title XI, § 1106, Dec. 2, 1980, 94 Stat. 2461.) Editorial Notes REFERENCES IN TEXT The Alaska National Interest Lands Conservation Act, referred to in subsec. (c)(4), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. Title XI of the Alaska National In- terest Lands Conservation Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Federal Land Policy and Management Act, re- ferred to in subsec. (c)(6), probably means the Federal Land Policy and Management Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743. Title V of the Federal Land Policy and Management Act of 1976 is classified generally to subchapter V (§ 1761 et seq.) of chapter 35 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. § 3167. Rights-of-way terms and conditions (a) Terms and conditions The Secretary, or the Secretary of Agriculture where national forest wilderness is involved, shall include in any right-of-way issued pursu- ant to an application under this subchapter, terms and conditions which shall include, but not be limited to— (1) requirements to insure that, to the max- imum extent feasible, the right-of-way is used in a manner compatible with the purposes for which the affected conservation system unit, national recreation area, or national conserva- tion area was established or is managed; (2) requirements for restoration, revegeta- tion, and curtailment of erosion of the surface of the land; (3) requirements to insure that activities in connection with the right-of-way will not vio- late applicable air and water quality standards and related facility siting standards estab- lished pursuant to law; (4) requirements, including the minimum necessary width, designed to control or pre- vent— (A) damage to the environment (including damage to fish and wildlife habitat), (B) damage to public or private property, and (C) hazards to public health and safety; (5) requirements to protect the interests of individuals living in the general area of the right-of-way who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes; and (6) requirements to employ measures to avoid or minimize adverse environmental, so- cial or economic impacts. (b) Wild and Scenic Rivers System Any transportation or utility system approved pursuant to this subchapter which occupies, uses, or traverses any area within the bound- aries of a unit of the National Wild and Scenic Rivers System shall be subject to such condi- tions as may be necessary to assure that the stream flow of, and transportation on, such river are not interfered with or impeded, and that the transportation or utility system is located and constructed in an environmentally sound man- ner. (c) Pipeline rights-of-way In the case of a pipeline described in section 185(a) of title 30, a right-of-way issued pursuant to this subchapter shall be issued in the same manner as a right-of-way is granted under sec- tion 185 of title 30, and the provisions of sub- sections (c) through (j), (l) through (q), and (u) through (y) of section 185 of title 30 shall apply to rights-of-way issued pursuant to this sub- chapter. (Pub. L. 96–487, title XI, § 1107, Dec. 2, 1980, 94 Stat. 2463.) § 3168. Injunctive relief No court shall have jurisdiction to grant any injunctive relief lasting longer than ninety days against any action pursuant to this subchapter except in conjunction with a final judgment en- tered in a case involving an action pursuant to this subchapter. (Pub. L. 96–487, title XI, § 1108, Dec. 2, 1980, 94 Stat. 2464; Pub. L. 98–620, title IV, § 402(22)(B), Nov. 8, 1984, 98 Stat. 3358.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–620 redesignated subsec. (c) as entire section, and struck out subsecs. (a) and (b), which had related, respectively, to Congressional intent con- cerning, and time periods for, expedited judicial review. Statutory Notes and Related Subsidiaries 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. Page 2255 TITLE 16—CONSERVATION § 3172 § 3169. Valid existing right of access Nothing in this subchapter shall be construed to adversely affect any valid existing right of access. (Pub. L. 96–487, title XI, § 1109, Dec. 2, 1980, 94 Stat. 2464.) § 3170. Special access and access to inholdings (a) Use of snowmachines, motorboats, airplanes, nonmotorized surface transportation, etc. for traditional activities and for travel Notwithstanding any other provision of this Act or other law, the Secretary shall permit, on conservation system units, national recreation areas, and national conservation areas, and those public lands designated as wilderness study, the use of snowmachines (during periods of adequate snow cover, or frozen river condi- tions in the case of wild and scenic rivers), mo- torboats, airplanes, and nonmotorized surface transportation methods for traditional activi- ties (where such activities are permitted by this Act or other law) and for travel to and from vil- lages and homesites. Such use shall be subject to reasonable regulations by the Secretary to protect the natural and other values of the con- servation system units, national recreation areas, and national conservation areas, and shall not be prohibited unless, after notice and hearing in the vicinity of the affected unit or area, the Secretary finds that such use would be detrimental to the resource values of the unit or area. Nothing in this section shall be construed as prohibiting the use of other methods of trans- portation for such travel and activities on con- servation system lands where such use is per- mitted by this Act or other law. (b) Right of access to State or private owner or occupier Notwithstanding any other provisions of this Act or other law, in any case in which State owned or privately owned land, including sub- surface rights of such owners underlying public lands, or a valid mining claim or other valid oc- cupancy is within or is effectively surrounded by one or more conservation system units, national recreation areas, national conservation areas, or those public lands designated as wilderness study, the State or private owner or occupier shall be given by the Secretary such rights as may be necessary to assure adequate and fea- sible access for economic and other purposes to the concerned land by such State or private owner or occupier and their successors in inter- est. Such rights shall be subject to reasonable regulations issued by the Secretary to protect the natural and other values of such lands. (Pub. L. 96–487, title XI, § 1110, Dec. 2, 1980, 94 Stat. 2464.) 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. § 3171. Temporary access (a) In general Notwithstanding any other provision of this Act or other law the Secretary shall authorize and permit temporary access by the State or a private landowner to or across any conservation system unit, national recreation area, national conservation area, the National Petroleum Re- serve—Alaska or those public lands designated as wilderness study or managed to maintain the wilderness character or potential thereof, in order to permit the State or private landowner access to its land for purposes of survey, geo- physical, exploratory, or other temporary uses thereof whenever he determines such access will not result in permanent harm to the resources of such unit, area, Reserve or lands. (b) Stipulations and conditions In providing temporary access pursuant to subsection (a), the Secretary may include such stipulations and conditions he deems necessary to insure that the private use of public lands is accomplished in a manner that is not incon- sistent with the purposes for which the public lands are reserved and which insures that no permanent harm will result to the resources of the unit, area, Reserve or lands. (Pub. L. 96–487, title XI, § 1111, Dec. 2, 1980, 94 Stat. 2465.) 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. § 3172. North Slope Haul Road (a) In general So long as that section of the North Slope Haul Road referred to in subsection (c) is closed to public use, but not including regulated local traffic north of the Yukon River, regulated in- dustrial traffic and regulated high occupancy buses, such regulation to occur under State law, except that the Secretary, after consultation with the Secretary of Transportation, and the Governor of Alaska shall agree on the number of vehicles and seasonality of use, such section shall be free from any and all restrictions con- tained in title 23, as amended or supplemented, or in any regulations thereunder. Prior to exe- cuting an agreement pursuant to this sub- section, the Secretary and the Governor of Alas- ka shall consult with the head of any unit of local government which encompasses lands lo- cated adjacent to the route of the North Slope Haul Road. The State of Alaska shall have the authority to limit access, impose restrictions and impose tolls, notwithstanding any provision of Federal law. (b) Release The removal of restrictions shall not be condi- tioned upon repayment by the State of Alaska to the Treasurer of the United States of any Federal-aid highway funds paid on account of