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

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 A, § 101(e) [title III, § 339], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295, provided that: [‘‘(a) Repealed.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 A, § 101(e) [title III, § 339(b)(2)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295] ‘‘(b) SUBSECTION (a) REPEALED.— ‘‘(1) The Secretary of the Interior shall certify be- fore October 1, 1999, if a bill or resolution has been passed by the Alaska State Legislature to amend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 ‘‘(2) Subsection (a) shall be repealed on October 1, 1999, unless prior to that date the Secretary of the In- terior makes such a certification described in para- graph (1).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 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 the purpose of enabling rural residents who have personal knowledge of local conditions and requirements to have a meaningful role in the management of fish and wildlife and of subsistence uses on the public lands in Alaska. (Pub. L. 96–487, title VIII, § 801, Dec. 2, 1980, 94 Stat. 2422; Pub. L. 105–83, title III, § 316(b)(3), (d), Nov. 14, 1997, 111 Stat. 1592, 1595.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (4), 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 classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. AMENDMENTS 1997—Pub. L. 105–83, § 316(b)(3), which directed the des- ignation of existing provisions as subsec. (a) and the addition of subsec. (b) relating to further congressional findings as to subsistence use of public lands by rural residents of Alaska, 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. § 3112. Congressional statement of policy It is hereby declared to be the policy of Con- gress that— (1) consistent with sound management prin- ciples, and the conservation of healthy popu- lations of fish and wildlife, the utilization of the public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the resources of such lands; consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for each unit established, designated, or expanded by or pursuant to titles II through VII of this Act, the purpose of this subchapter is to provide the opportunity for rural residents engaged in a subsistence way of life to do so; (2) nonwasteful subsistence uses of fish and wildlife and other renewable resources shall be the priority consumptive uses of all such re- sources on the public lands of Alaska when it is necessary to restrict taking in order to as- sure the continued viability of a fish or wild- life population or the continuation of subsist- ence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public lands over other consumptive uses; and (3) except as otherwise provided by this Act or other Federal laws, Federal land managing agencies, in managing subsistence activities on the public lands and in protecting the con- tinued viability of all wild renewable re- sources in Alaska, shall cooperate with adja- cent landowners and land managers, including Native Corporations, appropriate State and Federal agencies, and other nations. (Pub. L. 96–487, title VIII, § 802, Dec. 2, 1980, 94 Stat. 2422.) Editorial Notes REFERENCES IN TEXT This Act, referred to in pars. (1) and (3), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. Titles II through VII of this Act enacted sections 410hh to 410hh–5, 460mm to 460mm–3, 539 to 539e, and 1285b of this title, amended sections 1274, 1276, 1279, and 1280 of this title, enacted provisions set out as notes under sections 668dd, 1132, 1274, and 3145 of this title, and enacted pro- visions listed in a table of National Monuments Estab- lished Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3101 of this title and Tables. § 3113. Definitions As used in this Act, the term ‘‘subsistence uses’’ means the customary and traditional uses by rural Alaska residents of wild, renewable re- sources for direct personal or family consump- tion as food, shelter, fuel, clothing, tools, or