16 U.S.C. § 3116 — Federal monitoring; reports to State and

Page 2238 TITLE 16—CONSERVATION § 3116 subsistence uses of fish and wildlife set forth in section 3114 of this title. (Pub. L. 96–487, title VIII, § 805, Dec. 2, 1980, 94 Stat. 2424; Pub. L. 105–83, title III, § 316(b)(6), (d), Nov. 14, 1997, 111 Stat. 1593, 1595; Pub. L. 105–277, div. A, § 101(e) [title III, § 339(c)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–296.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 101(e) [title III, § 339(c)(1)], struck out ‘‘one year after December 2, 1980,’’ before ‘‘the Secretary’’ in introductory provi- sions. Subsec. (d). Pub. L. 105–277, § 101(e) [title III, § 339(c)(2)], struck out ‘‘within one year from December 2, 1980,’’ before ‘‘the State enacts’’ in first sentence. 1997—Subsec. (a). Pub. L. 105–83, § 316(b)(6)(A), which directed the amendment of subsec. (a) by striking out ‘‘one year after December 2, 1980,’’ before ‘‘the Sec- retary’’ in introductory provisions, was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendment note below. Subsec. (d). Pub. L. 105–83, § 316(b)(6)(B), which di- rected the amendment of subsec. (d) generally to pro- vide for supersedure by enactment and implementation of State laws governing State responsibility, consider- ation of recommendations by State rulemaking author- ity, and for the creation of regional advisory councils, was repealed by Pub.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. TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the Presi- dent or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is oth- erwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 3116. Federal monitoring; reports to State and Congressional committees The Secretary shall monitor the provisions by the State of the subsistence preference set forth in section 3114 of this title and shall advise the State and the Committees on Natural Resources and on Merchant Marine and Fisheries of the House of Representatives and the Committees on Energy and Natural Resources and Environ- ment and Public Works of the Senate annually and at such other times as he deems necessary of his views on the effectiveness of the imple- mentation of this subchapter including the State’s provision of such preference, any exer- cise of his closure or other administrative au- thority to protect subsistence resources or uses, the views of the State, and any recommenda- tions he may have. (Pub. L. 96–487, title VIII, § 806, Dec. 2, 1980, 94 Stat. 2425; Pub. L. 103–437, § 6(y), Nov. 2, 1994, 108 Stat. 4587.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘the Committees on Natural Resources’’ for ‘‘Committee on Interior and In- sular Affairs’’. Statutory Notes and Related Subsidiaries ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 3117. Judicial enforcement (a) Exhaustion of administrative remedies; civil action; parties; preliminary injunctive relief; other relief; costs and attorney’s fees Local residents and other persons and organi- zations aggrieved by a failure of the State or the Federal Government to provide for the priority for subsistence uses set forth in section 3114 of this title (or with respect to the State as set forth in a State law of general applicability if the State has fulfilled the requirements of sec- tion 3115(d) of this title) may, upon exhaustion of any State or Federal (as appropriate) admin- istrative remedies which may be available, file a civil action in the United States District Court for the District of Alaska to require such ac- tions to be taken as are necessary to provide for the priority. In a civil action filed against the State, the Secretary may be joined as a party to such action. The court may grant preliminary injunctive relief in any civil action if the grant- ing of such relief is appropriate under the facts upon which the action is based. No order grant- ing preliminary relief shall be issued until after an opportunity for hearing. In a civil action filed against the State, the court shall provide relief, other than preliminary relief, by direct- ing the State to submit regulations which sat- isfy the requirements of section 3114 of this title; when approved by the court, such regula- tions shall be incorporated as part of the final judicial order, and such order shall be valid only for such period of time as normally provided by State law for the regulations at issue. Local residents and other persons and organizations who are prevailing parties in an action filed pur- suant to this section shall be awarded their costs and attorney’s fees.