16 U.S.C. § 3123 — Periodic reports

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 Page 2241 TITLE 16—CONSERVATION § 3125 Secretary, in consultation with the Secretary of Agriculture, shall prepare and submit a report to the President of the Senate and the Speaker of the House of Representatives on the imple- mentation of this subchapter. The report shall include— (1) an evaluation of the results of the moni- toring undertaken by the Secretary as re- quired by section 3116 of this title; (2) the status of fish and wildlife populations on public lands that are subject to subsistence uses; (3) a description of the nature and extent of subsistence uses and other uses of fish and wildlife on the public lands; (4) the role of subsistence uses in the econ- omy and culture of rural Alaska; (5) comments on the Secretary’s report by the State, the local advisory councils and re- gional advisory councils established by the Secretary or the State pursuant to section 3115 of this title, and other appropriate per- sons and organizations; (6) a description of those actions taken, or which may need to be taken in the future, to permit the opportunity for continuation of ac- tivities relating to subsistence uses on the public lands; and (7) such other recommendations the Sec- retary deems appropriate. A notice of the report shall be published in the Federal Register and the report shall be made available to the public. (Pub. L. 96–487, title VIII, § 813, Dec. 2, 1980, 94 Stat. 2428.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to submitting, within every three-year period, a report on the implementation of this subchapter to the President of the Senate and the Speaker of the House of Representatives, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 112 of House Document No. 103–7. § 3124. Regulations The Secretary shall prescribe such regulations as are necessary and appropriate to carry out his responsibilities under this subchapter. (Pub. L. 96–487, title VIII, § 814, Dec. 2, 1980, 94 Stat. 2429; Pub. L. 105–83, title III, § 316(b)(8), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.) Editorial Notes AMENDMENTS 1997—Pub. L. 105–83, § 316(b)(8), which directed amend- ment of section by inserting ‘‘, and the State at any time the State has complied with section 3115(d) of this title’’ after ‘‘The Secretary’’ and inserting at end ‘‘Dur- ing any time that the State has complied with section 3115(d) of this title, the Secretary shall not make or en- force regulations implementing section 3115(a), (b), or (c) of this title.’’, 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 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. § 3125. Limitations and savings clauses Nothing in this subchapter shall be construed as— (1) granting any property right in any fish or wildlife or other resource of the public lands or as permitting the level of subsistence uses of fish and wildlife within a conservation sys- tem unit to be inconsistent with the conserva- tion of healthy populations, and within a na- tional park or monument to be inconsistent with the conservation of natural and healthy populations, of fish and wildlife. No privilege which may be granted by the State to any in- dividual with respect to subsistence uses may be assigned to any other individual; (2) permitting any subsistence use of fish and wildlife on any portion of the public lands (whether or not within any conservation sys- tem unit) which was permanently closed to such uses on January 1, 1978, or enlarging or diminishing the Secretary’s authority to ma- nipulate habitat on any portion of the public lands; (3) authorizing a restriction on the taking of fish and wildlife for nonsubsistence uses on the public lands (other than national parks and park monuments) unless necessary for the conservation of healthy populations of fish and wildlife, for the reasons set forth in sec- tion 3126 of this title, to continue subsistence uses of such populations, or pursuant to other applicable law; or (4) modifying or repealing the provisions of any Federal law governing the conservation or protection of fish and wildlife, including the National Wildlife Refuge System Administra- tion Act of 1966 (80 Stat. 927; 16 U.S.C. 668dd–jj), section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, the Fur Seal Act of 1966 (80 Stat. 1091; 16 U.S.C. 1187) [16 U.S.C. 1151 et seq.], the En- dangered Species Act of 1973 (87 Stat. 884; 16 U.S.C. 1531–1543), the Marine Mammal Protec- tion Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361–1407), the Act entitled ‘‘An Act for the Protection of the Bald Eagle’’, approved June 8, 1940 (54 Stat. 250; 16 U.S.C. 742a–754) [16 U.S.C. 668 et seq.], the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703–711), the Federal Aid in Wildlife Restoration Act (50 Stat. 917; 16 U.S.C. 669–669i), the Magnuson-Stevens Fish- ery Conservation and Management Act (90 Stat. 331; 16 U.S.C. 1801–1882), the Federal Aid in Fish Restoration Act (64 Stat. 430; 16 U.S.C. 777–777k), or any amendments to any one or more of such Acts or such title. (Pub. L. 96–487, title VIII, § 815, Dec. 2, 1980, 94 Stat. 2429; Pub. L. 96–561, title II, § 238(b), Dec. 22,