Alaska National Interest Lands Conversation Act

ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT
16 USC CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
Sec.
3101. Congressional statement of purpose.
(a) Establishment of units.
(b) Preservation and protection of scenic,
geological, etc., values.
(c) Subsistence way of life for rural residents.
(d) Need for future legislation obviated.
3102. Definitions.
3103. Maps.
(a) Filing and availability for inspection;
discrepancies; coastal areas.
(b) Changes in land management status; publication in
Federal Register; filing; clerical errors;
boundary features and adjustments.
(c) Lands included within unit; acquisition of land
by Secretary.
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
3111. Congressional declaration of findings.
3112. Congressional statement of policy.
3113. Definitions.
3114. Preference for subsistence uses.
3115. Local and regional participation.
(a) Establishment of subsistence resources regions,
local advisory committees, and regional
advisory councils; membership, duties, and
authority of regional advisory councils.
(b) Assignment of staff and distribution of data.
(c) Consideration of reports and recommendations of
regional advisory councils.
(d) Supersedure by enactment and implementation of
State laws governing State responsibility;
consideration of recommendations by State
rulemaking authority; regional advisory
councils.
(e) Reimbursement to State; limitation; report to
Congress.

3116. Federal monitoring; reports to State and Congressional
committees.
3117. Judicial enforcement.
(a) Exhaustion of administrative remedies; civil
action; parties; preliminary injunctive relief;
other relief; costs and attorney's fees.
(b) Judicial review and enforcement.
(c) Section as sole Federal judicial remedy.
3118. Park and park monument subsistence resource commissions.
(a) Appointment of members; development of
subsistence hunting program; annual review of
program.
(b) Implementation of subsistence hunting program.
(c) Subsistence uses prior to implementation of
subsistence hunting program.
3119. Cooperative agreements.
3120. Subsistence and land use decisions.
(a) Factors considered; requirements.
(b) Environmental impact statement.
(c) State or Native Corporation land selections and
conveyances.
(d) Management or disposal of lands.
3121. Rural residents engaged in subsistence uses.
(a) Access to subsistence resources.
(b) Use of snowmobiles, motorboats, or other means of
surface transportation.
3122. Research.
3123. Periodic reports.
3124. Regulations.
3125. Limitations and savings clauses.
3126. Closure to subsistence uses.
(a) National parks and park monuments in Alaska;
authorization of subsistence uses and sport
fishing.
(b) Closure for public safety, administration, or the
continued viability of fish and wildlife
population.
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES,
OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS
3141. Overall study program.
(b) Purposes.
(c) Findings.
(d) Consultations; opportunity for public review and
comment.
(e) Report to President and Congress; annual report

to Congress.
(f) Selection and conveyance of land by State and
Natives unaffected.
3142. Arctic National Wildlife Refuge coastal plain resource
assessment.
(a) Purpose.
(b) Definitions.
(c) Baseline study.
(d) Guidelines.
(e) Exploration plans.
(f) Modification to exploration plans.
(g) Civil penalties.
(h) Report to Congress.
(i) Effect of other laws.
3143. Production of oil and gas from Arctic National Wildlife
Refuge prohibited.
3144. Wilderness portion of study.
(a) Suitability of lands for preservation as
wilderness; report to President.
(b) Presidential recommendations to Congress.
(c) Preservation of wilderness character and
potential.
3145. Wildlife resources portion of study and impact of potential
oil spills in Arctic Ocean.
(a) Wildlife resources.
(b) Oil spills.
(c) Treaty negotiations.
(d) Report to Congress.
3146. Transportation alternatives portion of study.
3147. Arctic research study.
(a) Mission, facilities, and administration of Naval
Arctic Research Laboratory.
(b) Assessment of future uses of NARL.
(c) Recommendations.
(d) Consultations; opportunity for public review and
comment.
(e) Submission of study to Congress.
(f) Continuation of level of funding for NARL.
3148. Oil and gas leasing program for non-North Slope Federal
lands.
(a) Establishment; restrictions.
(b) Study of oil and gas potential and impact of
development and production; permits;
consultations; State studies; reports to
Congress.
(c) Repealed.

(d) Issuance of leases; competitive bidding.
(e) Repealed.
(f) Exploration plan.
(g) Development and production plan.
(h) Revised development and production plan.
(i) Suspension and cancellation of lease.
3149. Oil and gas lease applications.
(a) Lands within National Wildlife Refuge System but
not part of National Wilderness Preservation
System.
(b) Statement of reasons for decision to issue or not
to issue lease.
(c) Environmental impact statement.
3150. Alaska mineral resource assessment program.
(a) Mineral assessments.
(b) Regulations.
3151. Annual report by President to Congress on minerals in Alaska.
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
3161. Congressional declaration of findings.
3162. Definitions.
3163. Effect on other laws.
3164. Procedural requirements.
(a) In general.
(b) Consolidated applications.
(c) Filing.
(d) Agency notice.
(e) Environmental impact statement.
(f) Other views.
(g) Agency decision.
3165. Standards for granting certain authorizations.
3166. Agency, Presidential, and Congressional actions.
(a) Agency action in cases other than those involving
section 3165 or wilderness areas.
(b) Agency action in cases involving section 3165 or
wilderness areas.
(c) Congressional approval.
3167. Rights-of-way terms and conditions.
(a) Terms and conditions.
(b) Wild and Scenic Rivers System.
(c) Pipeline rights-of-way.
3168. Injunctive relief.
3169. Valid existing right of access.
3170. Special access and access to inholdings.
(a) Use of snowmachines, motorboats, airplanes,

nonmotorized surface transportation, etc. for
traditional activities and for travel.
(b) Right of access to State or private owner or
occupier.
3171. Temporary access.
(a) In general.
(b) Stipulations and conditions.
3172. North Slope Haul Road.
(a) In general.
(b) Release.
(c) Application of section.
3173. Stikine River region; Presidential study and report to Congress.
SUBCHAPTER V - FEDERAL-STATE COOPERATION
3181. Alaska Land Use Council.
(a) Establishment.
(b) Cochairmen.
(c) Members.
(d) State decision not to participate.
(e) Compensation and expenses.
(f) Administrative authority.
(g) Meetings; authorities; reports.
(h) Rules.
(i) Functions of the Council.
(j) Cooperative planning.
(k) Nonacceptance of Council recommendations.
(l) Termination.
(m) Public participation.
3182. Federal Coordination Committee.
3183. Bristol Bay Cooperative Region.
(a) Definitions.
(b) Purpose.
(c) Federal-State cooperation in preparation of
plans.
(d) Action by Secretary if State does not participate
in plan.
(e) Taking effect of plan.
(f) Transitional provisions.
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
3191. Management plans.
(a) Development; transmittal to Congressional
committees.
(b) National Park service plan requirements.
(c) Consideration of factors.
(d) Hearing and participation.

3192. Land acquisition authority.
(a) General authority.
(b) Restrictions.
(c) Exchanges.
(d) Improved property.
(e) Retained rights.
(f) ''Improved property'' defined.
(g) Consideration of hardship.
(h) Exchange authority.
(i) Donation or exchange.
3193. Use of cabins and other sites of occupancy on conservation
system units.
(a) Improved property on National Park System lands.
(b) Improved property on other units or areas
established or expanded by this Act.
(c) Permits to be renewed for life of claimant and
immediate family.
(d) Existing cabin leases or permits.
3194. Archeological and paleontological sites.
3195. Cooperative information and education centers.
3196. Administrative sites and visitor facilities.
(a) Establishment.
(b) Authorities of Secretary.
3197. Revenue-producing visitor services.
(a) Continuation of existing visitor services.
(b) Preference.
(c) ''Visitor service'' defined.
3198. Local hire.
(a) Program.
(b) Preference eligibles within local hire.
(c) Reports.
3199. Navigation aids and other facilities.
(a) Existing facilities.
(b) New facilities.
3200. Denali Scenic Highway study.
(a) Withdrawal.
(b) Study.
(c) Cooperation notice: hearings.
(d) Report.
(e) Period of withdrawal.
3201. Administration of national preserves.
3202. Taking of fish and wildlife.
(a) Responsibility and authority of State of Alaska.
(b) Responsibility and authority of Secretary.
(c) Areas controlled; areas closed, exceptions.
3203. Wilderness management.

(a) Application only to Alaska.
(b) Aquaculture.
(c) Existing cabins.
(d) New cabins.
(e) Timber contracts.
(f) Beach log salvage.
3204. Allowed uses.
(a) Establishment and use of new facilities.
(b) Denial of proposed use or establishment.
3205. General wilderness review.
(a) Suitability of lands for preservation; report to
President.
(b) Presidential recommendations to Congress.
(c) Administration of units unaffected pending
Congressional action.
3206. Statewide cultural assistance program.
3207. Effect on existing rights; water resources.
3208. Authorization of appropriations; contract authority.
3209. Effect on prior withdrawals.
(a) Rescission of prior reservations and withdrawals;
management by Secretary and Secretary of
Agriculture of lands outside boundaries
established by this Act.
(b) Effective date.
3210. Access by owner to nonfederally owned land.
(a) Reasonable use and enjoyment of land within
boundaries of National Forest System.
(b) Reasonable use and enjoyment of land surrounded
by public lands managed by Secretary.
3211. Yukon Flats National Wildlife Refuge agricultural use.
3212. Terror Lake Hydroelectric Project in Kodiak National Wildlife
Refuge.
3213. Future executive branch actions.
3214. Alaska gas pipeline.
3215. Public land entries in Alaska.
(a) Application approval; adjudication; protests;
voluntary relinquishment of application.
(b) Amendment of land description in application.
(c) Powersites and power-projects.
(d) Validity of existing rights; rights acquired by
actual use and national forest lands
unaffected.
SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY
RECOMMENDATION PROCESS
3231. Areas subject to national need recommendation process.

3232. Recommendations of President to Congress.
(a) Recommendation.
(b) Findings.
(c) Report.
(d) Approval.
(e) One-hundred-and-twenty-day computation.
3233. Expedited Congressional review.
(a) Rulemaking.
(b) Resolution.
(c) Referral.
(d) Other procedures.

CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 668dd of this title.

16 USC Sec. 3101

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER I - GENERAL PROVISIONS
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 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 of life to continue to do so.
(d) Need for future legislation obviated
This Act provides sufficient protection for the national interest
in the scenic, natural, cultural and environmental values on the
public lands in Alaska, and at the same time provides adequate
opportunity for satisfaction of the economic and social needs of
the State of Alaska and its people; accordingly, the designation
and disposition of the public lands in Alaska pursuant to this Act
are found to represent a proper balance between the reservation of
national conservation system units and those public lands necessary
and appropriate for more intensive use and disposition, and thus
Congress believes that the need for future legislation designating
new conservation system units, new national conservation areas, or
new national recreation areas, has been obviated thereby.

(Pub. L. 96-487, title I, Sec. 101, Dec. 2, 1980, 94 Stat. 2374.)

REFERENCES IN TEXT
The following titles, referred to in subsec. (a), mean titles II
to XV of Pub. L. 96-487, Dec. 2, 1980, Sec. 201-1503, 94 Stat.
2377-2551. For complete classification of these titles to the Code,
see Tables.
This Act, referred to in subsecs. (b) to (d), is Pub. L. 96-487,
Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out below and Tables.

SHORT TITLE
Section 1 of Pub. L. 96-487 provided that: ''This Act (enacting
this chapter, sections 410hh to 410hh-5, 460mm to 460mm-4, 539 to

539e, and 1285b of this title, and sections 1631 to 1641 and 1784
of Title 43, Public Lands, amending sections 410bb, 1274, 1276,
1279, and 1280 of this title and sections 1602, 1606, 1607, 1611,
1613, 1614, 1620, and 1621 of Title 43, enacting provisions set out
as notes under this section and sections 431, 668dd, 1132, 1274,
and 3145 of this title and sections 1605, 1613, and 1618 of Title
43, and amending provisions set out as notes under sections 1611
and 1613 of Title 43 and preceding section 21 of Title 48,
Territories and Insular Possessions) may be cited as the 'Alaska
National Interest Lands Conservation Act'.''

ACT REFERRED TO IN OTHER SECTIONS
The Alaska National Interest Lands Conservation Act is referred
to in sections 1248, 3911 of this title; title 43 sections 1614,
1617, 1620, 1621, 1629a; title 45 section 1212.

16 USC Sec. 3102

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 3102. Definitions

As used in this Act (except that in titles IX and XIV the
following terms shall have the same meaning as they have in the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and
the Alaska Statehood Act) (1) The term ''land'' means lands, waters, and interests
therein.
(2) The term ''Federal land'' means lands the title to which is
in the United States after December 2, 1980. ''Federal land''
does not include lands the title to which is in the State, an
Alaska Native corporation, or other private ownership.
(3) The term ''public lands'' means land situated in Alaska
which, after December 2, 1980, are Federal lands, except (A) land selections of the State of Alaska which have been
tentatively approved or validly selected under the Alaska
Statehood Act and lands which have been confirmed to, validly
selected by, or granted to the Territory of Alaska or the State
under any other provision of Federal law;

(B) land selections of a Native Corporation made under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
which have not been conveyed to a Native Corporation, unless
any such selection is determined to be invalid or is
relinquished; and
(C) lands referred to in section 19(b) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1618(b)).
(4) The term ''conservation system unit'' means any unit in
Alaska of the National Park System, National Wildlife Refuge
System, National Wild and Scenic Rivers Systems, National Trails
System, National Wilderness Preservation System, or a National
Forest Monument including existing units, units established,
designated, or expanded by or under the provisions of this Act,
additions to such units, and any such unit established,
designated, or expanded hereafter.
(5) The term ''Alaska Native Claims Settlement Act'', means
''An Act to provide for the settlement of certain land claims of
Alaska Natives, and for other purposes'', approved December 18,
1971 (85 Stat. 688), as amended (43 U.S.C. 1601 et seq.).
(6) The term ''Native Corporation'' means any Regional
Corporation, any Village Corporation, any Urban Corporation, and
any Native Group.
(7) The term ''Regional Corporation'' has the same meaning as
such term has under section 3(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(g)).
(8) The term ''Village Corporation'' has the same meaning as
such term has under section 3(j) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(j)).
(9) The term ''Urban Corporation'' means those Native entities
which have incorporated pursuant to section 14(h)(3) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(3)).
(10) The term ''Native Group'' has the same meaning as such
term has under sections 3(d) and 14(h)(2) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(d) and 1613(h)(2)).
(11) The term ''Native land'' means land owned by a Native
Corporation or any Native Group and includes land which, as of
December 2, 1980, had been selected under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) by a Native
Corporation or Native Group and had not been conveyed by the
Secretary (except to the extent such selection is determined to
be invalid or has been relinquished) and land referred to in
section 19(b) of the Alaska Native Claims Settlement Act (43
U.S.C. 1618(b)).
(12) The term ''Secretary'' means the Secretary of the
Interior, except that when such term is used with respect to any
unit of the National Forest System, such term means the Secretary

of Agriculture.
(13) The terms ''wilderness'' and ''National Wilderness
Preservation System'' have the same meaning as when used in the
Wilderness Act (78 Stat. 890) (16 U.S.C. 1131 et seq.).
(14) The term ''Alaska Statehood Act'' means the Act entitled
''An Act to provide for the admission of the State of Alaska into
the Union'', approved July 7, 1958 (72 Stat. 339), as amended.
(15) The term ''State'' means the state of Alaska.
(16) The term ''Alaska Native'' or ''Native'' has the same
meaning as the term ''Native'' has in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
(17) The term ''fish and wildlife'' means any member of the
animal kingdom, including without limitation any mammal, fish,
bird (including any migratory, nonmigratory or endangered bird
for which protection is also afforded by treaty or other
international agreement), amphibian, reptile, mollusk,
crustacean, arthropod or other invertebrate, and includes any
part, product, egg, or offspring thereof, or the dead body or
part thereof.
(18) The term ''take'' or ''taking'' as used with respect to
fish or wildlife, means to pursue, hunt, shoot, trap, net
capture, collect, kill, harm, or attempt to engage in any such
conduct.

(Pub. L. 96-487, title I, Sec. 102, Dec. 2, 1980, 94 Stat. 2375;
Pub. L. 105-83, title III, Sec. 316(b)(2), (d), Nov. 14, 1997, 111
Stat. 1592, 1595.)

AMENDMENT OF SECTION
For repeal of amendment by section 316(d) of Pub. L. 105-83,
see Effective and Termination Dates of 1997 Amendment note below.

REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1) and in par.
(4), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended,
known as the Alaska National Interest Lands Conservation Act. Title
IX of this Act enacted sections 1631 to 1638 of Title 43, Public
Lands, amended sections 1614 and 1620 of Title 43, and amended
provisions set out as notes under section 1611 of Title 43 and
preceding section 21 of Title 48, Territories and Insular
Possessions. Title XIV of this Act enacted sections 1639 to 1641 of
Title 43, amended sections 1602, 1606, 1607, 1611, 1613, 1620, and
1621 of Title 43, enacted provisions set out as notes under

sections 1605, 1613, and 1618 of Title 43, and amended provisions
set out as notes under sections 1611 and 1613 of Title 43. For
complete classification of this Act to the Code, see Short Title
note set out under section 3101 of this title and Tables.
The Alaska Native Claims Settlement Act, referred to in provision
preceding par. (1) and in pars. (3)(B), (C)(5), and (11), is Pub.
L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 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.
The Alaska Statehood Act, referred to in provision preceding par.
(1) and in pars. (3)(A) and (14), is Pub. L. 85-508, July 7, 1958,
72 Stat. 339, as amended, which is set out as a note preceding
section 21 of Title 48, Territories and Insular Possessions. For
complete classification of this Act to the Code, see Tables.
The Wilderness Act, referred to in par. (13), is Pub. L. 88-577,
Sept. 3, 1964, 78 Stat. 890, as amended, which is classified
generally to chapter 23 (Sec. 1131 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 1131 of this title and Tables.
AMENDMENTS
1997 - Par. (2). Pub. L. 105-83 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ''The term 'Federal
land' means lands the title to which is in the United States after
December 2, 1980.'' See Effective and Termination Dates of 1997
Amendment note below.
EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT
Section 316(d) of Pub. L. 105-83 provided that: ''Unless and
until laws are adopted in the State of Alaska which provide for the
definition, preference, and participation specified in sections
803, 804, and 805 (sections 3113 to 3115 of this title) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et
seq.), the amendments made by subsection (b) of this section
(amending this section and sections 3111, 3113 to 3115, 3117, 3124,
and 3125 of this title) shall be effective only for the purposes of
determining whether the State's laws provide for such definition,
preference, and participation. The Secretary shall certify before
December 1, 1998 if such laws have been adopted in the State of
Alaska. Subsection (b) shall be repealed on such date if such laws
have not been adopted.''
SAVINGS CLAUSE
Section 316(c) of Pub. L. 105-83 provided that: ''No provision of
this section (amending this section and sections 3111, 3113 to
3115, 3117, 3124, and 3125 of this title and enacting provisions

set out as notes under this section), amendment made by this
section, or exercise of authority pursuant to this section may be
construed to validate, invalidate, or in any way affect ''(1) any assertion that an Alaska Native organization
(including a federally recognized tribe, traditional Alaska
Native council, or Alaska Native council organized pursuant to
the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as amended) has
or does not have governmental authority over lands (including
management of, or regulation 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 Interest 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 HUNTING AND
FISHING IN ALASKA
Section 316(a) of Pub. L. 105-83 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 implement
final regulations, rules, or policies pursuant to title VIII of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et
seq.) to assert jurisdiction, management, or control over the
navigable waters transferred to the State of Alaska pursuant to the
Submerged 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).''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3141 of this title; title
43 section 1732; title 45 section 1202.

16 USC Sec. 3103

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER I - GENERAL PROVISIONS

Sec. 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 System 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 and the Secretary of
Agriculture may make minor adjustments 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 purposes
of this subsection, a minor boundary adjustment 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 acquire such
lands in accordance with applicable law (including this Act), and
any such lands shall become part of the unit, and be administered
accordingly.

(Pub. L. 96-487, title I, Sec. 103, Dec. 2, 1980, 94 Stat. 2376.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.

16 USC SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 410hh, 410hh-1, 3202
of this title.

16 USC Sec. 3111

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

01/26/98

Sec. 3111. Congressional declaration of findings

(a) 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 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 on the public lands in
Alaska and the continuation of the opportunity for a subsistence
way of life by residents of rural Alaska 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.
(b) The Congress finds and declares further that (1) subsequent to December 2, 1980, the subsistence law of the
State of Alaska (AS 16.05) accomplished the goals of Congress and
requirements of this Act in providing subsistence use
opportunities for rural residents of Alaska, both Alaska Native

and non-Alaska Native;
(2) the Alaska subsistence law was challenged in Alaska courts,
and the rural preference requirement in the law was found in 1989
by the Alaska Supreme Court in McDowell v. State of Alaska (785
P.2d 1, 1989) to violate the Alaska Constitution;
(3) since that time, repeated attempts to restore the validity
of the State law through an amendment to the Alaska Constitution
have failed, and the people of Alaska have not been given the
opportunity to vote on such an amendment;
(4) in accordance with this subchapter, the Secretary of the
Interior is required to manage fish and wildlife for subsistence
uses on all public lands in Alaska because of the failure of
State law to provide a rural preference;
(5) the Ninth Circuit Court of Appeals determined in 1995 in
State of Alaska v. Babbitt (73 F.3d 698) that the subsistence
priority required on public lands under section 3114 of this
title applies to navigable waters in which the United States has
reserved water rights as identified by the Secretary of the
Interior;
(6) management of fish and wildlife resources by State
governments has proven successful in all 50 States, including
Alaska, and the State of Alaska should have the opportunity to
continue to manage such resources on all lands, including public
lands, in Alaska in accordance with this Act, as amended; and
(7) it is necessary to amend portions of this Act to restore
the original intent of Congress to protect and provide for the
continued opportunity for subsistence uses on public lands for
Alaska Native and non-Alaska Native rural residents through the
management of the State of Alaska.

(Pub. L. 96-487, title VIII, Sec. 801, Dec. 2, 1980, 94 Stat. 2422;
Pub. L. 105-83, title III, Sec. 316(b)(3), (d), Nov. 14, 1997, 111
Stat. 1592, 1595.)
AMENDMENT OF SECTION
For repeal of amendment by section 316(d) of Pub. L. 105-83,
see Effective and Termination Dates of 1997 Amendment note below.

REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in subsec.
(a)(4), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
which is classified generally to chapter 33 (Sec. 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.
This Act, referred to in subsec. (b)(1), (6), (7), is Pub. L.
96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.

AMENDMENTS
1997 - Pub. L. 105-83 designated existing provisions as subsec.
(a) and added subsec. (b). See Effective and Termination Dates of
1997 Amendment note below.
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 effective only for purpose
of determining whether State's laws provide for such definition,
preference, and participation, and such amendment repealed on Dec.
1, 1998, if Secretary has not certified that such laws have been
adopted in Alaska by such date, see section 316(d) of Pub. L.
105-83 set out as a note under section 3102 of this title.

16 USC Sec. 3112

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 3112. Congressional statement of policy

It is hereby declared to be the policy of Congress that (1) consistent with sound management principles, and the
conservation of healthy populations 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 resources on the public lands of Alaska when it is necessary
to restrict taking in order to assure the continued viability of
a fish or wildlife population or the continuation of subsistence
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 continued
viability of all wild renewable resources in Alaska, shall
cooperate with adjacent landowners and land managers, including
Native Corporations, appropriate State and Federal agencies, and
other nations.

(Pub. L. 96-487, title VIII, Sec. 802, Dec. 2, 1980, 94 Stat.
2422.)

REFERENCES IN TEXT
This Act, referred to in pars. (1) and (3), is Pub. L. 96-487,
Dec. 2, 1980, 94 Stat. 2371, as amended, 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, and enacted provisions set out as
notes under sections 431, 668dd, 1132, 1274, and 3145 of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 3101 of this title and
Tables.

16 USC Sec. 3113

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 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;
(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;
(3) ''customary and traditional uses'' means the noncommercial,
long-term, and consistent taking of, use of, or reliance upon
fish and wildlife in a specific area and the patterns and
practices of taking or use of that fish and wildlife that have
been established over a reasonable period of time, taking into
consideration the availability of the fish and wildlife;
(4) ''customary trade'' means, except for money sales of furs
and furbearers, the limited noncommercial exchange for money of
fish and wildlife or their parts in minimal quantities; and
(5) ''rural Alaska resident'' means a resident of a rural
community or area. A ''rural community or area'' means a
community or area substantially dependent on fish and wildlife
for nutritional and other subsistence uses.

(Pub. L. 96-487, title VIII, Sec. 803, Dec. 2, 1980, 94 Stat. 2423;
Pub. L. 105-83, title III, Sec. 316(b)(4), (d), Nov. 14, 1997, 111
Stat. 1593, 1595.)
AMENDMENT OF SECTION
For repeal of amendment by section 316(d) of Pub. L. 105-83,
see Effective and Termination Dates of 1997 Amendment note below.

REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1), is Pub. L.
96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.

AMENDMENTS
1997 - Pars. (3) to (5). Pub. L. 105-83 added pars. (3) to (5).
See Effective and Termination Dates of 1997 Amendment note below.
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 effective only for purpose
of determining whether State's laws provide for such definition,
preference, and participation, and such amendment repealed on Dec.
1, 1998, if Secretary has not certified that such laws have been
adopted in Alaska by such date, see section 316(d) of Pub. L.
105-83 set out as a note under section 3102 of this title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3114, 3115 of this title;
title 43 sections 1629b, 1629d.

16 USC Sec. 3114

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 3114. Preference for subsistence uses

(a) Except as otherwise provided in this Act and other Federal
laws, the taking on public lands of fish and wildlife for
nonwasteful subsistence uses shall be accorded priority over the
taking on such lands of fish and wildlife for other purposes.
Whenever it is necessary to restrict the taking of populations of
fish and wildlife on such lands for subsistence uses in order to
protect the continued viability of such populations, or to continue
such uses, such priority shall be implemented through appropriate
limitations based on the application of the following criteria:
(1) customary and direct dependence upon the populations as the
mainstay of livelihood;
(2) local residency; and
(3) the availability of alternative resources.
(b) The priority granted by this section is for a reasonable

opportunity to take fish and wildlife. For the purposes of this
subsection, the term ''reasonable opportunity'' means an
opportunity, consistent with customary and traditional uses (as
defined in section 3113(3) of this title), to participate in a
subsistence hunt or fishery with a reasonable expectation of
success, and does not mean a guarantee that fish and wildlife will
be taken.

(Pub. L. 96-487, title VIII, Sec. 804, Dec. 2, 1980, 94 Stat. 2423;
Pub. L. 105-83, title III, Sec. 316(b)(5), (d), Nov. 14, 1997, 111
Stat. 1593, 1595.)
AMENDMENT OF SECTION
For repeal of amendment by section 316(d) of Pub. L. 105-83,
see Effective and Termination Dates of 1997 Amendment note below.

REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

AMENDMENTS
1997 - Pub. L. 105-83 designated existing provisions as subsec.
(a) and added subsec. (b).
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 effective only for purpose
of determining whether State's laws provide for such definition,
preference, and participation, and such amendment repealed on Dec.
1, 1998, if Secretary has not certified that such laws have been
adopted in Alaska by such date, see section 316(d) of Pub. L.
105-83 set out as a note under section 3102 of this title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3111, 3115, 3116, 3117 of
this title.

16 USC Sec. 3115

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 3115. Local and regional participation

(a) Establishment of subsistence resources regions, local advisory
committees, and regional advisory councils; membership, duties,
and authority of regional advisory councils
Except as otherwise provided in subsection (d) of this section,
the Secretary in consultation with the State shall establish (1) at least six Alaska subsistence resource regions which,
taken together, include all public lands. The number and
boundaries of the regions shall be sufficient to assure that
regional differences in subsistence uses are adequately
accommodated;
(2) such local advisory committees within each region as he
finds necessary at such time as he may determine, after notice
and hearing, that the existing State fish and game advisory
committees do not adequately perform the functions of the local
committee system set forth in paragraph (3)(D)(iv) of this
subsection; and
(3) a regional advisory council in each subsistence resource
region.
Each regional advisory council shall be composed of residents of
the region and shall have the following authority:
(A) the review and evaluation of proposals for regulations,
policies, management plans, and other matters relating to
subsistence uses of fish and wildlife within the region;
(B) the provision of a forum for the expression of opinions and
recommendations by persons interested in any matter related to
subsistence uses of fish and wildlife within the region;
(C) the encouragement of local and regional participation
pursuant to the provisions of this subchapter in the
decisionmaking process affecting the taking of fish and wildlife
on the public lands within the region for subsistence uses;
(D) the preparation of an annual report to the Secretary which
shall contain (i) an identification of current and anticipated subsistence
uses of fish and wildlife populations within the region;
(ii) an evaluation of current and anticipated subsistence
needs for fish and wildlife populations within the region;

(iii) a recommended strategy for the management of fish and
wildlife populations within the region to accommodate such
subsistence uses and needs; and
(iv) recommendations concerning policies, standards,
guidelines, and regulations to implement the strategy. The
State fish and game advisory committees or such local advisory
committees as the Secretary may establish pursuant to paragraph
(2) of this subsection may provide advice to, and assist, the
regional advisory councils in carrying out the functions set
forth in this paragraph.
(b) Assignment of staff and distribution of data
The Secretary shall assign adequate qualified staff to the
regional advisory councils and make timely distribution of all
available relevant technical and scientific support data to the
regional advisory councils and the State fish and game advisory
committees or such local advisory committees as the Secretary may
establish pursuant to paragraph (2) of subsection (a) of this
section.
(c) Consideration of reports and recommendations of regional
advisory councils
The Secretary, in performing his monitoring responsibility
pursuant to section 3116 of this title and in the exercise of his
closure and other administrative authority over the public lands,
shall consider the report and recommendations of the regional
advisory councils concerning the taking of fish and wildlife on the
public lands within their respective regions for subsistence uses.
The Secretary may choose not to follow any recommendation which he
determines is not supported by substantial evidence, violates
recognized principles of fish and wildlife conservation, or would
be detrimental to the satisfaction of subsistence needs. If a
recommendation is not adopted by the Secretary, he shall set forth
the factual basis and the reasons for his decision.
(d) Supersedure by enactment and implementation of State laws
governing State responsibility; consideration of
recommendations by State rulemaking authority; regional
advisory councils
(1) Upon certification by the Secretary that the State has
enacted and implemented laws of general applicability which are
consistent with, and which provide for the definition, preference,
and participation specified in sections 3113, 3114, and 3115 of
this title, the Secretary shall not implement subsections (a), (b),
and (c) of this section, and the State may immediately assume
management for the taking of fish and wildlife on the public lands
for subsistence uses pursuant to this subchapter. Upon assumption
of such management by the State, the Secretary shall not implement
subsections (a), (b), and (c) of this section unless a court of

competent jurisdiction determines that such laws have been
repealed, modified, or implemented in a way that is inconsistent
with, or does not provide for, the definition, preference, and
participation specified in sections 3113, 3114, and 3115 of this
title, or that the State has failed to cure any such inconsistency
after such determination. The State laws shall otherwise supercede
such sections insofar as such sections govern State responsibility
pursuant to this subchapter for the taking of fish and wildlife on
the public lands for subsistence uses. The Secretary may bring a
judicial action to enforce this subsection.
(2)(A) Laws establishing a system of local advisory committees
and regional advisory councils consistent with this section shall
provide that the State rulemaking authority shall consider the
advice and recommendations of the regional councils concerning the
taking of fish and wildlife populations on public lands within
their respective regions for subsistence uses. The regional
councils may present recommendations, and the evidence upon which
such recommendations are based, to the State rulemaking authority
during the course of the administrative proceedings of such
authority. The State rulemaking authority may choose not to follow
any recommendation which it determines is not supported by
substantial evidence presented during the course of its
administrative proceedings, violates recognized principles of fish
and wildlife conservation or would be detrimental to the
satisfaction of rural subsistence needs. If a recommendation is
not adopted by the State rulemaking authority, such authority shall
set forth the factual basis and the reasons for its decision.
(B) The members of each regional advisory council established
under this subsection shall be appointed by the Governor of Alaska.
Each council shall have ten members, four of whom shall be selected
from nominees who reside in the region submitted by tribal councils
in the region, and six of whom shall be selected from nominees
submitted by local governments and local advisory committees.
Three of these six shall be subsistence users who reside in the
subsistence resource region and three shall be sport or commercial
users who may be residents of any subsistence resource region.
Regional council members shall have staggered terms of three years
in length, with no limit on the number of terms a member may
serve. A quorum shall be a majority of the members of the council.
(e) Reimbursement to State; limitation; report to Congress
(1) The Secretary shall reimburse the State, from funds
appropriated to the Department of the Interior for such purposes,
for reasonable costs relating to the establishment and operation of
the regional advisory councils established by the State in
accordance with subsection (d) of this section and the operation of
the State fish and game advisory committees so long as such

committees are not superseded by the Secretary pursuant to
paragraph (2) of subsection (a) of this section. Such
reimbursement may not exceed 50 per centum of such costs in any
fiscal year. Such costs shall be verified in a statement which the
Secretary determines to be adequate and accurate. Sums paid under
this subsection shall be in addition to any grants, payments, or
other sums to which the State is entitled from appropriations to
the Department of the Interior.
(2) Total payments to the State under this subsection shall not
exceed the sum of $5,000,000 in any one fiscal year. The Secretary
shall advise the Congress at least once in every five years as to
whether or not the maximum payments specified in this subsection
are adequate to ensure the effectiveness of the program established
by the State to provide the preference for subsistence uses of fish
and wildlife set forth in section 3114 of this title.

(Pub. L. 96-487, title VIII, Sec. 805, Dec. 2, 1980, 94 Stat. 2424;
Pub. L. 105-83, title III, Sec. 316(b)(6), (d), Nov. 14, 1997, 111
Stat. 1593, 1595.)

AMENDMENT OF SECTION
For repeal of amendment by section 316(d) of Pub. L. 105-83,
see Effective and Termination Dates of 1997 Amendment note below.

AMENDMENTS
1997 - Subsec. (a). Pub. L. 105-83, Sec. 316(b)(6)(A), struck out
''one year after December 2, 1980,'' before ''the Secretary in
consultation with the State'' in introductory provisions. See
Effective and Termination Dates of 1997 Amendment note below.
Subsec. (d). Pub. L. 105-83, Sec. 316(b)(6)(B), amended subsec.
(d) generally. Prior to amendment, subsec. (d) read as follows:
''The Secretary shall not implement subsections (a), (b), and (c)
of this section if within one year from December 2, 1980, the State
enacts and implements laws of general applicability which are
consistent with, and which provide for the definition, preference,
and participation specified in, sections 3113, 3114, and 3115 of
this title, such laws, unless and until repealed, shall supersede
such sections insofar as such sections govern State responsibility
pursuant to this subchapter for the taking of fish and wildlife on
the public lands for subsistence uses. Laws establishing a system
of local advisory committees and regional advisory councils
consistent with this section shall provide that the State
rulemaking authority shall consider the advice and recommendations

of the regional councils concerning the taking of fish and wildlife
populations on public lands within their respective regions for
subsistence uses. The regional councils may present
recommendations, and the evidence upon which such recommendations
are based, to the State rulemaking authority during the course of
the administrative proceedings of such authority. The State
rulemaking authority may choose not to follow any recommendation
which it determines is not supported by substantial evidence
presented during the course of its administrative proceedings,
violates recognized principles of fish and wildlife conservation or
would be detrimental to the satisfaction of rural subsistence
needs. If a recommendation is not adopted by the State rulemaking
authority, such authority shall set forth the factual basis and the
reasons for its decision.'' See Effective and Termination Dates of
1997 Amendment note below.
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 effective only for purpose
of determining whether State's laws provide for such definition,
preference, and participation, and such amendment repealed on Dec.
1, 1998, if Secretary has not certified that such laws have been
adopted in Alaska by such date, 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 President 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 otherwise provided for
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3117, 3118, 3120, 3122,
3123, 3124 of this title.

16 USC Sec. 3116

TITLE 16 - CONSERVATION

01/26/98

CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 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 Environment
and Public Works of the Senate annually and at such other times as
he deems necessary of his views on the effectiveness of the
implementation of this subchapter including the State's provision
of such preference, any exercise of his closure or other
administrative authority to protect subsistence resources or uses,
the views of the State, and any recommendations he may have.

(Pub. L. 96-487, title VIII, Sec. 806, Dec. 2, 1980, 94 Stat. 2425;
Pub. L. 103-437, Sec. 6(y), Nov. 2, 1994, 108 Stat. 4587.)

AMENDMENTS
1994 - Pub. L. 103-437 substituted ''the Committees on Natural
Resources'' for ''Committee on Interior and Insular Affairs''.

CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

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 treated as referring to Committee on Resources of
House of Representatives in case of provisions relating to
fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except 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.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3115, 3123 of this title.

16 USC Sec. 3117

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 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 organizations 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 section 3115(d) of this title) may, upon exhaustion of any State
of Federal (as appropriate) administrative remedies which may be
available, file a civil action in the United States District Court
for the District of Alaska to require such actions 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 granting of such relief is appropriate under
the facts upon which the action is based. No order granting
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 directing
the State to submit regulations which satisfy the requirements of
section 3114 of this title; when approved by the court, such
regulations 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 issued.
Local residents and other persons and organizations who are

prevailing parties in an action filed pursuant to this section
shall be awarded their costs and attorney's fees.
(b) Judicial review and enforcement
State agency actions may be declared invalid by the court only if
they are arbitrary, capricious, or an abuse of discretion, or
otherwise not in accordance with law. When reviewing any action
within the specialized knowledge of a State agency, the court shall
give the decision of the State agency the same deference it would
give the same decision of a comparable Federal agency.
(c) Section as sole Federal judicial remedy
This section is the sole Federal judicial remedy created by this
subchapter for local residents and other residents who, and
organizations which, are aggrieved by a failure of the State to
provide for the priority of subsistence uses set forth in section
3114 of this title.

(Pub. L. 96-487, title VII, Sec. 807, Dec. 2, 1980, 94 Stat. 2426;
Pub. L. 98-620, title IV, Sec. 402(22)(A), Nov. 8, 1984, 98 Stat.
3358; Pub. L. 105-83, title III, Sec. 316(b)(7), (d), Nov. 14,
1997, 111 Stat. 1594, 1595.)

AMENDMENT OF SECTION
For repeal of amendment by section 316(d) of Pub. L. 105-83,
see Effective and Termination Dates of 1997 Amendment note below.

AMENDMENTS
1997 - Subsec. (b). Pub. L. 105-83 added subsec. (b). See
Effective and Termination Dates of 1997 Amendments note below.
1984 - Subsec. (b). Pub. L. 98-620 struck out subsec. (b) which
had provided that a civil action filed pursuant to this section was
to be assigned for hearing at the earliest possible date, was to
take precedence over other matters pending on the docket of the
United States district court at that time, and was to be expedited
in every way by such court and any appellate court.
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 effective only for purpose
of determining whether State's laws provide for such definition,
preference, and participation, and such amendment repealed on Dec.
1, 1998, if Secretary has not certified that such laws have been
adopted in Alaska by such date, see section 316(d) of Pub. L.
105-83 set out as a note under section 3102 of this title.

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.

16 USC Sec. 3118

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 3118. Park and park monument subsistence resource commissions

(a) Appointment of members; development of subsistence hunting
program; annual review of program
Within one year from December 2, 1980, the Secretary and the
Governor shall each appoint three members to a subsistence
resources commission for each national park or park monument within
which subsistence uses are permitted by this Act. The regional
advisory council established pursuant to section 3115 of this title
which has jurisdiction within the area in which the park or park
monument is located shall appoint three members to the commission
each of whom is a member of either the regional advisory council or
a local advisory committee within the region and also engages in
subsistence uses within the park or park monument. Within eighteen
months from December 2, 1980, each commission shall devise and
recommend to the Secretary and the Governor a program for
subsistence hunting within the park or park monument. Such program
shall be prepared using technical information and other pertinent
data assembled or produced by necessary field studies or
investigations conducted jointly or separately by the technical and
administrative personnel of the State and the Department of the
Interior, information submitted by, and after consultation with the
appropriate local advisory committees and regional advisory
councils, and any testimony received in a public hearing or
hearings held by the commission prior to preparation of the plan at
a convenient location or locations in the vicinity of the park or
park monument. Each year thereafter, the commission, after
consultation with the appropriate local committees and regional
councils, considering all relevant data and holding one or more
additional hearings in the vicinity of the park or park monument,

shall make recommendations to the Secretary and the Governor for
any changes in the program or its implementation which the
commission deems necessary.
(b) Implementation of subsistence hunting program
The Secretary shall promptly implement the program and
recommendations submitted to him by each commission unless he finds
in writing that such program or recommendations violates recognized
principles of wildlife conservation, threatens the conservation of
healthy populations of wildlife in the park or park monument is
contrary to the purposes for which the park or park monument is
established, or would be detrimental to the satisfaction of
subsistence needs of local residents. Upon notification by the
Governor, the Secretary shall take no action on a submission of a
commission for sixty days during which period he shall consider any
proposed changes in the program or recommendations submitted by the
commission which the Governor provides him.
(c) Subsistence uses prior to implementation of subsistence hunting
program
Pending the implementation of a program under subsection (a) of
this section, the Secretary shall permit subsistence uses by local
residents in accordance with the provisions of this subchapter and
other applicable Federal and State law.

(Pub. L. 96-487, title VIII, Sec. 808, Dec. 2, 1980, 94 Stat.
2426.)

REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

16 USC Sec. 3119

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 3119. Cooperative agreements

The Secretary may enter into cooperative agreements or otherwise
cooperate with other Federal agencies, the State, Native
Corporations, other appropriate persons and organizations, and,
acting through the Secretary of State, other nations to effectuate
the purposes and policies of this subchapter.

(Pub. L. 96-487, title VIII, Sec. 809, Dec. 2, 1980, 94 Stat.
2427.)

16 USC Sec. 3120

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 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
provision 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
reduce or eliminate the use, occupancy, or disposition of public
lands needed for subsistence purposes. 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 restriction of
subsistence uses is necessary, consistent with sound management
principles for the utilization of the public lands, (B) the
proposed activity will involve the minimal amount of public lands
necessary to accomplish 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 environmental impact
statement pursuant to section 4332(2)(C) of title 42, he shall
provide the notice and hearing and include the findings required by
subsection (a) of this section as part of such environmental 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
Statehood Act or the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).
(d) Management or disposal of lands
After compliance with the procedural requirements of this section
and other applicable law, the head of the appropriate Federal
agency may manage or dispose of public lands under his primary
jurisdiction for any of those uses or purposes authorized by this
Act or other law.

(Pub. L. 96-487, title VIII, Sec. 810, Dec. 2, 1980, 94 Stat.
2427.)

REFERENCES IN TEXT
The Alaska Statehood Act, referred to in subsec. (c), is Pub. L.
85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as
a note preceding section 21 of Title 48, Territories and Insular
Possessions. For complete classification 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, as amended,
which is classified generally to chapter 33 (Sec. 1601 et seq.) of
Title 43, Public Lands. For complete classification 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, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 43 section 1732.

16 USC Sec. 3121

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 3121. Rural residents engaged in subsistence uses

(a) Access to subsistence resources
The Secretary shall ensure that rural residents engaged in
subsistence uses shall have reasonable 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, Sec. 811, Dec. 2, 1980, 94 Stat.
2428.)

REFERENCES IN TEXT
This Act, referred to in subsec. (b), is Pub. L 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

16 USC Sec. 3122

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

Sec. 3122. Research

The Secretary, in cooperation with the State and other
appropriate Federal agencies, shall undertake research on fish and
wildlife and subsistence uses on the public lands; seek data from,
consult with the make use of, the special knowledge of local
residents engaged in subsistence 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, Sec. 812, Dec. 2, 1980, 94 Stat.
2428.)

16 USC Sec. 3123

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE
Sec. 3123. Periodic reports

Within four years after December 2, 1980, and within every
three-year period thereafter, the 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 implementation of this subchapter. The
report shall include (1) an evaluation of the results of the monitoring undertaken
by the Secretary as required 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 economy and culture of
rural Alaska;
(5) comments on the Secretary's report by the State, the local
advisory councils and regional advisory councils established by

the Secretary or the State pursuant to section 3115 of this
title, and other appropriate persons 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 activities relating to subsistence uses on the
public lands; and
(7) such other recommendations the Secretary 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, Sec. 813, Dec. 2, 1980, 94 Stat.
2428.)

16 USC Sec. 3124

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

Sec. 3124. Regulations

The Secretary, and the State at any time the State has complied
with section 3115(d) of this title (FOOTNOTE 1) shall prescribe
such regulations as are necessary and appropriate to carry out his
responsibilities under this subchapter. During any time that the
State has complied with section 3115(d) of this title, the
Secretary shall not make or enforce regulations implementing
section 3115(a), (b), or (c) of this title.
(FOOTNOTE 1) So in original. Probably should be followed by a
comma.

(Pub. L. 96-487, title VIII, Sec. 814, Dec. 2, 1980, 94 Stat. 2429;
Pub. L. 105-83, title III, Sec. 316(b)(8), (d), Nov. 14, 1997, 111
Stat. 1594, 1595.)

AMENDMENT OF SECTION
For repeal of amendment by section 316(d) of Pub. L. 105-83,
see Effective and Termination Dates of 1997 Amendment note below.

AMENDMENTS
1997 - Pub. L. 105-83 inserted '', and the State at any time the
State has complied with section 3115(d) of this title'' after ''The
Secretary'' and inserted at end ''During any time that the State
has complied with section 3115(d) of this title, the Secretary
shall not make or enforce regulations implementing section 3115(a),
(b), or (c) of this title.'' See Effective and Termination Dates of
1997 Amendment note below.
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 effective only for purpose
of determining whether State's laws provide for such definition,
preference, and participation, and such amendment repealed on Dec.
1, 1998, if Secretary has not certified that such laws have been
adopted in Alaska by such date, see section 316(d) of Pub. L.
105-83 set out as a note under section 3102 of this title.

16 USC Sec. 3125

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

Sec. 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
system unit to be inconsistent with the conservation of healthy
populations, and within a national 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 individual 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 system unit) which was permanently closed to such
uses on January 1, 1978, or enlarging or diminishing the
Secretary's authority to manipulate 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 section 3126 of this title, to continue
subsistence uses of such populations, or pursuant to other
applicable law;
(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 Administration Act
of 1966 (80 Stat. 927; 16 U.S.C. 668dd-jj), the National Park
Service Organic Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4), the Fur
Seal Act of 1966 (80 Stat. 1091; 16 U.S.C. 1187) (16 U.S.C. 1151
et seq.), the Endangered Species Act of 1973 (87 Stat. 884; 16
U.S.C. 1531-1543), the Marine Mammal Protection 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 Fishery 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
(5) prohibiting the Secretary or the State from entering into
co-management agreements with Alaska Native organizations or
other local or regional entities when such organization or entity
is managing fish and wildlife on public lands in Alaska for
subsistence uses.

(Pub. L. 96-487, title VIII, Sec. 815, Dec. 2, 1980, 94 Stat. 2429;
Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat.
3300; Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II,
Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L.
105-83, title III, Sec. 316(b)(9), (d), Nov. 14, 1997, 111 Stat.
1594, 1595.)

AMENDMENT OF SECTION
For repeal of amendment by section 316(d) of Pub. L. 105-83,
see Effective and Termination Dates of 1997 Amendment note below.

REFERENCES IN TEXT

The National Wildlife Refuge System Administration Act of 1966,
referred to in par. (4), consists of sections 4 and 5 of Pub. L.
89-669, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified
to sections 668dd, 668ee of this title. For further details, see
Short Title note set out under section 668dd of this title.
The National Park Service Organic Act, referred to in par. (4),
is act Aug. 25, 1916, ch. 408, 39 Stat. 535, as amended, which is
classified generally to sections 1, 2, 3, and 4 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 1 of this title and Tables.
The Fur Seal Act of 1966, referred to in par. (4), is Pub. L.
89-702, Nov. 2 1966, 80 Stat. 1091, as amended, which is classified
principally to chapter 24 (Sec. 1151 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 1151 of this title and Tables.
The Endangered Species Act of 1973, referred to in par. (4), is
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of this title and
Tables.
The Marine Mammal Protection Act of 1972, referred to in par.
(4), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended,
which is classified generally to chapter 31 (Sec. 1361 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1361 of this title and
Tables.
The Act entitled ''An Act for the Protection of the Bald Eagle'',
approved June 8, 1940, referred to in par. (4), is act June 8,
1940, ch. 278, 54 Stat. 250, as amended, which is classified
generally to subchapter II (Sec. 668 et seq.) of chapter 5A of this
title. For complete classification of this Act to the Code, see
Tables.
The Migratory Bird Treaty Act, referred to in par. (4), is act
July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is
classified generally to subchapter II (Sec. 703 et seq.) of chapter
7 of this title. For complete classification of this Act to the
Code, see section 710 of this title and Tables.
The Federal Aid in Wildlife Restoration Act, referred to in par.
(4), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, which
is classified generally to chapter 5B (Sec. 669 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 669 of this title and
Tables.
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in par. (4), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.

331, as amended, which is classified principally to chapter 38
(Sec. 1801 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
1801 of this title and Tables.
The Federal Aid in Fish Restoration Act, referred to in par. (4),
is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, which is
classified generally to chapter 10B (Sec. 777 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 777 of this title and
Tables.

AMENDMENTS
1997 - Par. (5). Pub. L. 105-83 added par. (5). See Effective and
Termination Dates of 1997 Amendment note below.
1996 - Par. (4). Pub. L. 104-208 substituted ''Magnuson-Stevens
Fishery'' for ''Magnuson Fishery''.
1980 - Par. (4). Pub. L. 96-561 substituted ''Magnuson Fishery
Conservation and Management Act'' for ''Fishery Conservation and
Management Act of 1976''.
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 effective only for purpose
of determining whether State's laws provide for such definition,
preference, and participation, and such amendment repealed on Dec.
1, 1998, if Secretary has not certified that such laws have been
adopted in Alaska by such date, see section 316(d) of Pub. L.
105-83 set out as a note under section 3102 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.
104-208 provided that the amendment made by that section is
effective 15 days after Oct. 11, 1996.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 238(b) of Pub. L. 96-561 provided that the amendment made
by that section is effective 15 days after Dec. 22, 1980.

16 USC Sec. 3126

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE

Sec. 3126. Closure to subsistence uses

(a) National parks and park monuments in Alaska; authorization of
subsistence uses and sport fishing
All national parks and park monuments in Alaska shall be closed
to the taking of wildlife except for subsistence uses to the extent
specifically permitted by this Act. Subsistence uses and sport
fishing shall be authorized in such areas by the Secretary and
carried out in accordance with the requirements of this subchapter
and other applicable laws of the United States and the State of
Alaska.
(b) Closure for public safety, administration, or the continued
viability of fish and wildlife population
Except as specifically provided otherwise by this section,
nothing in this subchapter is intended to enlarge or diminish the
authority of the Secretary to designate areas where, and establish
periods when, no taking of fish and wildlife shall be permitted on
the public lands for reasons of public safety, administration, or
to assure the continued viability of a particular fish or wildlife
population. Notwithstanding any other provision of this Act or
other law, the Secretary, after consultation with the State and
adequate notice and public hearing, may temporarily close any
public lands (including those within any conservation system unit),
or any portion thereof, to subsistence uses of a particular fish or
wildlife population only if necessary for reasons of public safety,
administration, or to assure the continued viability of such
population. If the Secretary determines that an emergency
situation exists and that extraordinary measures must be taken for
public safety or to assure the continued viability of a particular
fish or wildlife population, the Secretary may immediately close
the public lands, or any portion thereof, to the subsistence uses
of such population and shall publish the reasons justifying the
closure in the Federal Register. Such emergency closure shall be
effective when made, shall not extend for a period exceeding sixty
days, and may not subsequently be extended unless the Secretary
affirmatively establishes, after notice and public hearing, that
such closure should be extended.

(Pub. L. 96-487, title VIII, Sec. 816, Dec. 2, 1980, 94 Stat.
2430.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3125, 3201 of this title.

SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES,
OIL AND GASLEASING PROGRAM AND MINERAL ASSESSMENTS

16 USC Sec. 3141

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3141. Overall study program

(a) Area designated
The Secretary shall initiate and carry out a study of all Federal
lands (other than submerged lands on the Outer Continental Shelf)
in Alaska north of 68 degrees north latitude and east of the
western boundary of the National Petroleum Reserve - Alaska, other
than lands included in the National Petroleum Reserve - Alaska and
in conservation system units established by this Act.
(b) Purposes
The study shall utilize a systematic interdisciplinary approach
to (1) assess the potential oil and gas resources of these lands
and make recommendations concerning future use and management of
those resources including an evaluation of alternative
transportation routes needed for oil and gas development;
(2) review the wilderness characteristics, and make
recommendations for wilderness designation, of these lands; and
(3) study, and make recommendations for protection of, the
wildlife resources of these lands.
(c) Findings

After completion of the study, the Secretary shall make findings
on (1) the potential oil and gas resources of these lands;
(2) the impact of oil and gas development on the wildlife
resources on these lands, particularly the Arctic and Porcupine
caribou herds and the polar bear;
(3) the national need for development of the oil and gas
resources of all or any portion of these lands;
(4) the national interests in preservation of the wilderness
characteristics of these lands; and
(5) the national interest in protection of the wildlife
resources of these lands.
(d) Consultations; opportunity for public review and comment
In the course of the study, the Secretary shall consult with the
Secretary of Energy and other Federal agencies, the State of
Alaska, Native Village and Regional Corporations, the North Slope
Borough, the Alaska Land Use Council and the Government of Canada.
The Secretary shall provide an opportunity for public review and
comment on a draft study and proposed findings prior to their final
approval.
(e) Report to President and Congress; annual report to Congress
The Secretary shall submit the study and his findings to the
President and the Congress no later than eight years after December
2, 1980. The Secretary shall submit annual reports to Congress on
the progress in carrying out this subchapter.
(f) Selection and conveyance of land by State and Natives
unaffected
Nothing in this subchapter shall be construed as impeding,
delaying, or otherwise affecting the selection and conveyance of
land to the State pursuant to the Alaska Statehood Act, or any
other Federal law referred to in section 3102(3)(A) of this title,
and to the Natives pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) and this Act.

(Pub. L. 96-487, title X, Sec. 1001, Dec. 2, 1980, 94 Stat. 2448.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (f), is Pub. L. 96-487,
Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.
The Alaska Native Claims Settlement Act, referred to in subsec.
(f), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 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.
The Alaska Statehood Act, referred to in subsec. (f), is Pub. L.
85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as
a note preceding section 21 of Title 48, Territories and Insular
Possessions. For complete classification of this Act to the Code,
see Tables.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3144, 3148, 3150 of this
title.

16 USC Sec. 3142

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3142. Arctic National Wildlife Refuge coastal plain resource
assessment

(a) Purpose
The purpose of this section is to provide for a comprehensive and
continuing inventory and assessment of the fish and wildlife
resources of the coastal plain of the Arctic National Wildlife
Refuge; an analysis of the impacts of oil and gas exploration,
development, and production, and to authorize exploratory activity
within the coastal plain in a manner that avoids significant
adverse effects on the fish and wildlife and other resources.
(b) Definitions
As used in this section (1) The term ''coastal plain'' means that area identified as
such in the map entitled ''Arctic National Wildlife Refuge'',
dated August 1980.
(2) The term ''exploratory activity'' means surface geological
exploration or seismic exploration, or both, for oil and gas
within the coastal plain.
(c) Baseline study

The Secretary, in consultation with the Governor of the State,
Native Village and Regional Corporations, and the North Slope
Borough within the study area and interested persons, shall conduct
a continuing study of the fish and wildlife (with special emphasis
on caribou, wolves, wolverines, grizzly bears, migratory waterfowl,
musk oxen, and polar bears) of the coastal plain and their
habitat. In conducting the study, the Secretary shall (A) assess the size, range, and distribution of the populations
of the fish and wildlife;
(B) determine the extent, location and carrying capacity of the
habitats of the fish and wildlife;
(C) assess the impacts of human activities and natural
processes on the fish and wildlife and their habitats;
(D) analyze the potential impacts of oil and gas exploration,
development, and production on such wildlife and habitats; and
(E) analyze the potential effects of such activities on the
culture and lifestyle (including subsistence) of affected Native
and other people.
Within eighteen months after December 2, 1980, the Secretary shall
publish the results of the study as of that date and shall
thereafter publish such revisions thereto as are appropriate as new
information is obtained.
(d) Guidelines
(1) Within two years after December 2, 1980, the Secretary shall
by regulation establish initial guidelines governing the carrying
out of exploratory activities. The guidelines shall be based upon
the results of the study required under subsection (c) of this
section and such other information as may be available to the
Secretary. The guidelines shall include such prohibitions,
restrictions, and conditions on the carrying out of exploratory
activities as the Secretary deems necessary or appropriate to
ensure that exploratory activities do not significantly adversely
affect the fish and wildlife, their habitats, or the environment,
including, but not limited to (A) a prohibition on the carrying out of exploratory activity
during caribou calving and immediate post-calving seasons or
during any other period in which human activity may have adverse
effects;
(B) temporary or permanently closing of appropriate areas to
such activity;
(C) specification of the support facilities, equipment and
related manpower that is appropriate in connection with
exploratory activity; and
(D) requirements that exploratory activities be coordinated in
such a manner as to avoid unnecessary duplication.
(2) The initial guidelines prescribed by the Secretary to

implement this subsection shall be accompanied by an environmental
impact statement on exploratory activities. The initial guidelines
shall thereafter be revised to reflect changes made in the baseline
study and other appropriate information made available to the
Secretary.
(e) Exploration plans
(1) After the initial guidelines are prescribed under subsection
(d) of this section, any person including the United States
Geological Survey may submit one or more plans for exploratory
activity (hereinafter in this section referred to as ''exploration
plans'') to the Secretary for approval. An exploration plan must
set forth such information as the Secretary may require in order to
determine whether the plan is consistent with the guidelines,
including, but not limited to (A) a description and schedule of the exploratory activity
proposed to be undertaken;
(B) a description of the equipment, facilities, and related
manpower that would be used in carrying out the activity;
(C) the area in which the activity would be undertaken; and
(D) a statement of the anticipated effects that the activity
may have on fish and wildlife, their habitats and the
environment.
(2) Upon receiving any exploration plan for approval, the
Secretary shall promptly publish notice of the application and the
text of the plan in the Federal Register and newspapers of general
circulation in the State. The Secretary shall determine, within one
hundred and twenty days after any plan is submitted for approval,
if the plan is consistent with the guidelines established under
subsection (d) of this section. If the Secretary determines that
the plan is so consistent, he shall approve the plan: except that
no plan shall be approved during the two-year period following
December 2, 1980. Before making the determination, the Secretary
shall hold at least one public hearing in the State for purposes of
receiving the comments and views of the public on the plan. The
Secretary shall not approve of any plan submitted by the United
States Geological Survey unless he determines that (1) no other
person has submitted a plan for the area involved which meets
established guidelines and (2) the information which would be
obtained is needed to make an adequate report under subsection (h)
of this section. The Secretary, as a condition of approval of any
plan under this section (A) may require that such modifications be made to the plan as
he considers necessary and appropriate to make it consistent with
the guidelines;
(B) shall require that all data and information (including
processed, analyzed and interpreted information) obtained as a

result of carrying out the plan shall be submitted to the
Secretary; and
(C) shall make such data and information available to the
public except that any processed, analyzed and interpreted data
or information shall be held confidential by the Secretary for a
period of not less than two years following any lease sale
including the area from which the information was obtained and:
Provided, That the Secretary shall prohibit by regulation any
person who obtains access to such data and information from the
Secretary or from any person other than a permittee from
participation in any lease sale which includes the areas from
which the information was obtained and from any commercial use of
the information. The Secretary shall require that any permittee
shall make available such data to any person at fair cost.
(f) Modification to exploration plans
If at any time while exploratory activity is being carried out
under an exploration plan approved under subsection (e) of this
section, the Secretary, on the basis of information available to
him, determines that continuation of further activities under the
plan or permit will significantly adversely affect fish or
wildlife, their habitat, or the environment, the Secretary may
suspend the carrying out of activities under the plan or permit for
such time, make such modifications to the plan or to the terms and
conditions of the permit (or both suspend and so modify) as he
determines necessary and appropriate.
(g) Civil penalties
(1) Any person who is found by the Secretary, after notice and an
opportunity for a hearing in accordance with section 554 of title
5, to have violated any provision of a plan approved under
subsection (e) of this section or any term or condition of a permit
issued under subsection (f) of this section, or to have committed
any act prohibited under subsection (d) of this section shall be
liable to the United States for a civil penalty. The amount of the
civil penalty shall not exceed $10,000 for each violation. Each
day of a continuing violation shall constitute a separate offense.
The amount of such civil penalty shall be assessed by the Secretary
by written notice. In determining the amount of such penalty, the
Secretary shall take into account the nature, circumstances,
extent, and gravity of the prohibited act committed, and, with
respect to the violator, the history of any prior offenses, his
demonstrated good faith in attempting to achieve timely compliance
after being cited for the violation, and such other matters as
justice may require.
(2) Any person against whom a civil penalty is assessed under
paragraph (1) may obtain review thereof in the appropriate district
court of the United States by filing a notice of appeal in such

court within thirty days from the date of such order and by
simultaneously sending a copy of such notice by certified mail to
the Secretary. The Secretary shall promptly file in such court a
certified copy of the record upon which such violation was found or
such penalty imposed, as provided in section 2112 of title 28. The
findings and order of the Secretary shall be set aside by such
court if they are not found to be supported by substantial
evidence, as provided in section 706(2)(E) of title 5.
(3) If any person fails to pay an assessment of a civil penalty
against him under paragraph (1) after it has become final, or after
the appropriate court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney
General of the United States, who shall recover the amount assessed
in any appropriate district court of the United States. In such
action, the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(4) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to
imposition or which has been imposed under this subsection unless
the matter is pending in court for judicial review or recovery of
assessment.
(h) Report to Congress
Not earlier than five years after December 2, 1980, and not later
than five years and nine months after such date, the Secretary
shall prepare and submit to Congress a report containing (1) the identification by means other than drilling of
exploratory wells of those areas within the coastal plain that
have oil and gas production potential and estimate of the volume
of the oil and gas concerned;
(2) the description of the fish and wildlife, their habitats,
and other resources that are within the areas identified under
paragraph (1);
(3) an evaluation of the adverse effects that the carrying out
of further exploration for, and the development and production
of, oil and gas within such areas will have on the resources
referred to in paragraph (2);
(4) a description of how such oil and gas, if produced within
such area, may be transported to processing facilities;
(5) an evaluation of how such oil and gas relates to the
national need for additional domestic sources of oil and gas; and
(6) the recommendations of the Secretary with respect to
whether further exploration for, and the development and
production of, oil and gas within the coastal plain should be
permitted and, if so, what additional legal authority is
necessary to ensure that the adverse effects of such activities
on fish and wildlife, their habitats, and other resources are

avoided or minimized.
(i) Effect of other laws
Until otherwise provided for in law enacted after December 2,
1980, all public lands within the coastal plain are withdrawn from
all forms of entry or appropriation under the mining laws, and from
operation of the mineral leasing laws, of the United States.

(Pub. L. 96-487, title X Sec. 1002, Dec. 2, 1980, 94 Stat. 2449;
Pub. L. 97-394, title I, Sec. 110, Dec. 30, 1982, 96 Stat. 1982.)

REFERENCES IN TEXT
The mining laws of the United States, referred to in subsec. (i),
are classified generally to Title 30, Mineral Lands and Mining.
The mineral leasing laws of the United States, referred to in
subsec. (i), have been defined in sections 351, 505, 530, and 541e
of Title 30, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741;
Feb. 25, 1920, ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44
Stat. 301; and Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct.
20, 1914, was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73
Stat. 490. The act of Feb 25, 1920, is known as the Mineral Leasing
Act and is classified generally to chapter 3A (Sec. 181 et seq.) of
Title 30. The act of Apr. 17, 1926, is classified generally to
subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 30. The
act of Feb. 7, 1927, is classified principally to subchapter IX
(Sec. 281 et seq.) of chapter 3A of Title 30. For complete
classification of these Acts to the Code, see Tables.

AMENDMENTS
1982 - Subsec. (e)(2)(C). Pub. L. 97-394 inserted proviso that
the Secretary prohibit by regulation any person who obtains access
to such data and information from the Secretary or from any person
other than a permittee from participation in any lease sale which
includes the areas from which the information was obtained and from
any commercial use of the information, and that Secretary require
that any permittee make available such data to any person at fair
cost.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3144 of this title.

16 USC Sec. 3143

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS

Sec. 3143. Production of oil and gas from Arctic National Wildlife
Refuge prohibited

Production of oil and gas from the Arctic National Wildlife
Refuge is prohibited and no leasing or other development leading to
production of oil and gas from the range shall be undertaken until
authorized by an Act of Congress.

(Pub. L. 96-487, title X, Sec. 1003, Dec. 2, 1980, 94 Stat. 2452.)

16 USC Sec. 3144

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3144. Wilderness portion of study

(a) Suitability of lands for preservation as wilderness; report to
President
As part of the study, the Secretary shall review the suitability
of nonsuitability for preservation as wilderness of the Federal
lands described in section 3141 of this title and report his
findings to the President.
(b) Presidential recommendations to Congress
The President shall advise the Senate and the House of
Representatives of his recommendations with respect to the
designation of the area or any part thereof as wilderness together
with a map thereof and a definition of its boundaries.
(c) Preservation of wilderness character and potential
Subject to valid existing rights and the provisions of section

3142 of this title, the wilderness study area designated by this
section shall, until Congress determines otherwise, be administered
by the Secretary so as to maintain presently existing wilderness
character and potential for inclusion in the National Wilderness
Preservation System. Already established uses may be permitted to
continue, subject to such restrictions as the Secretary deems
desirable, in the manner and degree in which the same were being
conducted on December 2, 1980.

(Pub. L. 96-487, title X, Sec. 1004, Dec. 2, 1980, 94 Stat. 2452.)

16 USC Sec. 3145

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3145. Wildlife resources portion of study and impact of
potential oil spills in Arctic Ocean

(a) Wildlife resources
The Secretary shall work closely with the State of Alaska and
Native Village and Regional Corporations in evaluating the impact
of oil and gas exploration, development, production, and
transportation and other human activities on the wildlife resources
of these lands, including impacts on the Arctic and Porcupine
caribou herds, polar bear, muskox, grizzly bear, wolf, wolverine,
seabirds, shore birds, and migratory waterfowl. In addition the
Secretary shall consult with the appropriate agencies of the
Government of Canada in evaluating such impacts particularly with
respect to the Porcupine caribou herd.
(b) Oil spills
(1) The Congress finds that (A) Canada has discovered commercial quantities of oil and gas
in the Amalagak region of the Northwest Territory;
(B) Canada is exploring alternatives for transporting the oil
from the Amalagak field to markets in Asia and the Far East;
(C) one of the options the Canadian Government is exploring
involves transshipment of oil from the Amalagak field across the
Beaufort Sea to tankers which would transport the oil overseas;

(D) the tankers would traverse the American Exclusive Economic
Zone through the Beaufort Sea into the Chuckchi Sea and then
through the Bering Straits;
(E) the Beaufort and Chuckchi Seas are vital to Alaska's Native
people, providing them with subsistence in the form of walrus,
seals, fish, and whales;
(F) the Secretary of the Interior has conducted Outer
Continental Shelf lease sales in the Beaufort and Chuckchi Seas
and oil and gas exploration is ongoing;
(G) an oil spill in the Arctic Ocean, if not properly contained
and cleaned up, could have significant impacts on the indigenous
people of Alaska's North Slope and on the Arctic environment; and
(H) there are no international contingency plans involving our
two governments concerning containment and cleanup of an oil
spill in the Arctic Ocean.
(2)(A) The Secretary of the Interior, in consultation with the
Governor of Alaska, shall conduct a study of the issues of recovery
of damages, contingency plans, and coordinated actions in the event
of an oil spill in the Arctic Ocean.
(B) The Secretary shall, no later than January 31, 1991, transmit
a report to the Congress on the findings and conclusions reached as
the result of the study carried out under this subsection.
(c) Treaty negotiations
The Congress calls upon the Secretary of State, in consultation
with the Secretary of the Interior, the Secretary of
Transportation, and the Governor of Alaska, to begin negotiations
with the Foreign Minister of Canada regarding a treaty dealing with
the complex issues of recovery of damages, contingency plans, and
coordinated actions in the event of an oil spill in the Arctic
Ocean.
(d) Report to Congress
The Secretary of State shall report to the Congress on the
Secretary's efforts pursuant to this section no later than June 1,
1991.

(Pub. L. 96-487, title X, Sec. 1005, Dec. 2, 1980, 94 Stat. 2453;
Pub. L. 101-380, title VIII, Sec. 8302, Aug. 18, 1990, 104 Stat.
572.)

AMENDMENTS
1990 - Pub. L. 101-380 inserted ''and impact of potential oil
spills in Arctic Ocean'' in section catchline, designated existing
text as subsec. (a), and added subsecs. (b) to (d).
EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of Title 33,
Navigation and Navigable Waters.
STUDY ON BARREN-GROUND CARIBOU
Section 306 of Pub. L. 96-487 provided:
''(a) The Congress finds that the barren-ground caribou are a
migratory species deserving of careful study and special
protection, and that the Western Arctic and the Porcupine herds of
such caribou are of national and international significance.
''(b) The Secretary of the Interior shall conduct, and the
Governor of Alaska is urged to cooperate with the Secretary in
conducting, an ecological study of the barren-ground caribou herds
north of the Yukon River and the herds that have been known to
migrate between the United States and Canada, including, but not
limited to, a determination of the seasonal migration patterns,
reproduction and mortality rates, composition and age structure,
behavioral characteristics, habitats (including but not limited to
calving, feeding, summering and wintering areas, and key migration
routes) that are critical to their natural stability and
productivity and the effects on the herds of development by man,
predation, and disease. In conducting this study the Secretary
shall review the experience of other Arctic circumpolar countries
with caribou and is authorized to enter into such contracts as he
deems necessary to carry out portions or all of this study.''

16 USC Sec. 3146

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3146. Transportation alternatives portion of study

In studying oil and gas alternative transportation systems, the
Secretary shall consult with the Secretary of Transportation and
shall consider (1) the extent to which environmentally and economically
feasible alternative routes could be established;
(2) the prospective oil and gas production potential of this
area of Alaska for each alternative transportation route; and

(3) the environmental and economic costs and other values
associated with such alternative routes.

(Pub. L. 96-487, title X, Sec. 1006, Dec. 2, 1980, 94 Stat. 2453.)

16 USC Sec. 3147

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3147. Arctic research study

(a) Mission, facilities, and administration of Naval Arctic
Research Laboratory
The Secretary, the Secretary of Defense, and the Secretary of
Energy shall initiate and carry out a study of the mission,
facilities and administration of the Naval Arctic Research
Laboratory (NARL), at Point Barrow, Alaska. The study shall review
the historical responsibilities carried out at NARL and their
contribution to applied and basic Arctic research. The study shall
specifically address and the Secretary shall make recommendations
on the need for redirecting the United States Arctic research
policy and the role of the NARL facilities in developing and
implementing that policy.
(b) Assessment of future uses of NARL
The Secretaries shall assess the future use of NARL in (1) developing relevant scientific information on the Arctic
environment and utilizing applied research to (A) deal with the
unique problems the Arctic presents in providing public services;
(B) minimize the impact of resource development on the
environment and the culture of the Native people; and (C) promote
international cooperation among the Nations which share
responsibility for the Arctic environment;
(2) assessing the impact of oil and gas exploration,
development, and transportation on the Arctic environment,
including impact on fish, marine and land mammals, and migratory
waterfowl;
(3) developing advanced design technologies, operational
practices, and transportation systems to improve the

environmental safety and efficiency of oil and gas exploration
and production in the Arctic, including offshore activities;
(4) enlarging the body of knowledge on Arctic ice conditions
and developing practical and efficient means of dealing with
potential oil spills and other hazards associated with resource
development in Alaska's Arctic; and
(5) developing a comprehensive Arctic policy for the Federal
Government that will accommodate the need for development and use
of Arctic resources with appropriate recognition and
consideration given to the unique nature of the Arctic
environment and the needs of its Native residents.
(c) Recommendations
After completion of the study, the Secretaries shall make
recommendations on (1) changes in the mission and management of NARL necessary to
accomplish the research and policy goals addressed in the study;
(2) the appropriate Federal agency or agencies that should have
primary responsibility for management of NARL;
(3) changes in the organizational structure of NARL that would
allow greater involvement by State and private organizations in
the use, management and/or funding of NARL; and
(4) the appropriate level of Federal funding for scientific and
technological research on the Arctic environment and its uses.
(d) Consultations; opportunity for public review and comment
In the course of the study, the Secretaries shall consult with
representatives of the Department of Navy, the National Oceanic and
Atmospheric Administration, the National Science Foundation, the
Smithsonian Institution, the State of Alaska, local governments,
representatives of public and private institutions conducting
Arctic research, and Native Village and Regional Corporations in
the areas now affected by the activities of NARL. The Secretaries
shall provide an opportunity for public review and comment on the
draft report and proposed recommendations prior to final approval,
and shall include any recommendations of the local community in the
final study.
(e) Submission of study to Congress
The Secretaries shall submit the study and their recommendations
to the Congress no later than one year after December 2, 1980.
(f) Continuation of level of funding for NARL
Pending submission of the study to the Congress, the President is
directed to continue the operation of NARL at the level of funding
provided for in fiscal year 1979.

(Pub. L. 96-487, title X, Sec. 1007, Dec. 2, 1980, 94 Stat. 2453.)

16 USC Sec. 3148

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3148. Oil and gas leasing program for non-North Slope Federal
lands

(a) Establishment; restrictions
The Secretary shall establish, pursuant to the Mineral Leasing
Act of 1920, as amended (30 U.S.C. 181 et seq.), an oil and gas
leasing program on the Federal lands of Alaska not subject to the
study required by section 3141 of this title, other than lands
included in the National Petroleum Reserve - Alaska. Such program
shall not be undertaken by the Secretary on those lands where
applicable law prohibits such leasing or on those units of the
National Wildlife Refuge System where the Secretary determines,
after having considered the national interest in producing oil and
gas from such lands, that the exploration for and development of
oil or gas would be incompatible with the purpose for which such
unit was established.
(b) Study of oil and gas potential and impact of development and
production; permits; consultations; State studies; reports to
Congress
(1)(A) In such areas as the Secretary deems favorable for the
discovery of oil or gas, he shall conduct a study, or studies, or
collect and analyze information obtained by permittees authorized
to conduct studies under this section, of the oil and gas potential
of such lands and those environmental characteristics and wildlife
resources which would be affected by the exploration for and
development of such oil and gas.
(B) The Secretary is authorized to issue permits for study,
including geological, geophysical, and other assessment activities,
if such activities can be conducted in a manner which is consistent
with the purposes for which each affected area is managed under
applicable law.
(2) The Secretary shall consult with the Secretary of Energy
regarding the national interest involved in exploring for and
developing oil and gas from such lands and shall seek the views of
the Governor of the State of Alaska, Alaskan local governments,

Native Regional and Village Corporations, the Alaska Land Use
Council, representatives of the oil and gas industry, conservation
groups, and other interested groups and individuals in determining
which land should be studied and/or leased for the exploration and
development of oil and gas.
(3) The Secretary shall encourage the State to undertake similar
studies on lands associated, either through geological or other
land values or because of possible transportation needs, with
Federal lands. The Secretary shall integrate these studies, to the
maximum extent practicable, with studies on Federal lands so that
needs for cooperation between the Federal Government and the State
of Alaska in managing energy and other natural resources, including
fish and wildlife, can be established early in the program.
(4) The Secretary shall report to the Congress by October 1,
1981, and yearly thereafter, on his efforts pursuant to this Act
regarding the leasing of, and exploration and development
activities on, such lands.
(c) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22,
1987, 101 Stat. 1330-259
(d) Issuance of leases; competitive bidding
Pursuant to the Mineral Leasing Act of 1920, as amended (30
U.S.C. 181 et seq.), the Secretary is authorized to issue leases,
on the Federal lands described in this section, under such terms
and conditions as he may, by regulation, prescribe.
(e) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22,
1987, 101 Stat. 1330-259
(f) Exploration plan
Prior to any exploration activities on a lease issued pursuant to
this section, the Secretary shall require the lessee to describe
exploration activities in an exploration plan. He shall approve
such plan if such activities can be conducted in conformity with
such requirements as may be made by the Secretary for the
protection and use of the land for the purpose for which it is
managed under applicable law.
(g) Development and production plan
Subsequent to a discovery of oil or gas in paying quantities, and
prior to developing and producing such oil and gas, the Secretary
shall require the lessee to describe development and production
activities in a development and production plan. He shall approve
such plan if such activities may be conducted in conformity with
such requirements as may be made by the Secretary for the
protection and use of the land for the purpose for which it is
managed under applicable law.
(h) Revised development and production plan
The Secretary shall monitor the performance of the lessee and, if
he determines that due to significant changes in circumstances

regarding that operation, including environmental or economic
changes, new requirements are needed, he may require a revised
development and production plan.
(i) Suspension and cancellation of lease
If the Secretary determines that immediate and irreparable damage
will result from continuation in force of a lease, that the threat
will not disappear and that the advantages of cancellation outweigh
the advantages of continuation in force of a lease, he shall
suspend operations for up to five years. If such a threat persists
beyond such five-year suspension period, he shall cancel a lease
and provide compensation to the lease under such terms as the
Secretary establishes, by regulation, to be appropriate.

(Pub. L. 96-487, title X, Sec. 1008, Dec. 2, 1980, 94 Stat. 2454;
Pub. L. 100-203, title V, Sec. 5105, Dec. 22, 1987, 101 Stat.
1330-259.)

REFERENCES IN TEXT
The Mineral Leasing Act of 1920, as amended, referred to in
subsecs. (a) and (d), is act Feb. 25, 1920, ch. 85, 41 Stat. 437,
as amended, known as the Mineral Leasing Act, which is classified
generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral
Lands and Mining. For complete classification of this Act to the
Code, see Short Title note set out under section 181 of Title 30
and Tables.
This Act, referred to in subsec. (b)(4), is Pub. L. 96-487, Dec.
2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands
Conservation Act. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of this title
and Tables.

AMENDMENTS
1987 - Subsec. (c). Pub. L. 100-203, Sec. 5105(1), struck out
subsec. (c) which read as follows: ''At such time as the studies
requested in subsection (b)(4) of this section are completed by the
Secretary, or at such time as the Secretary determines that
sufficient interest has been indicated in exploring an area for oil
or gas, and leasing should be commenced, he shall identify those
areas which he determines to be favorable for the discovery of oil
or gas (hereinafter referred to as 'favorable petroleum geological
provinces'). In making such determination, the Secretary shall
utilize all information obtained in studies conducted under
subsection (b) of this section as well as any other information he

may develop or require by regulation to be transmitted.''
Subsec. (d). Pub. L. 100-203, Sec. 5105(2), struck out at end
''Areas which are determined by the Secretary to be within
favorable petroleum geological provinces shall be leased only by
competitive bidding.''
Subsec. (e). Pub. L. 100-203, Sec. 5105(1), struck out subsec.
(e) which read as follows: ''At such time as paying quantities of
oil or gas are discovered under a noncompetitive lease issued
pursuant to the Mineral Leasing Act of 1920, the Secretary shall
suspend all further noncompetitive leasing in the area and shall
determine the favorable petroleum geological province in proximity
to such discovery. All further leasing in such area shall be in
accordance with the requirements of subsection (d) of this
section.''

16 USC Sec. 3149

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3149. Oil and gas lease applications

(a) Lands within National Wildlife Refuge System but not part of
National Wilderness Preservation System
Notwithstanding any other provision of law or regulation,
whenever the Secretary receives an application for an oil and gas
lease pursuant to the Mineral Leasing Act of 1920 (30 U.S.C. 181 et
seq.) for lands in Alaska within a unit of the National Wildlife
Refuge System which are not also part of the national Wilderness
Preservation System he shall, in addition to any other requirements
of applicable law, follow the procedures set forth in this section.
(b) Statement of reasons for decision to issue or not to issue
lease
Any decision to issue or not to issue a lease shall be
accompanied by a statement setting forth the reasons for the
decision, including the reasons why oil and gas leasing would be
compatible or incompatible with the purposes of the refuge.
(c) Environmental impact statement
If the Secretary determines that the requirements of section
4332(2)(C) of title 42 do not apply to his decision, the Secretary

shall render his decision within six months after receipt of a
lease application. If such requirements are applicable to the
Secretary's decision, he shall render his decision within three
months after publication of the final environmental impact
statement.

(Pub. L. 96-487, title X, Sec. 1009, Dec. 2, 1980, 94 Stat. 2456.)

REFERENCES IN TEXT
The Mineral Leasing Act of 1920, referred to in subsec. (a), is
act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
Mineral Leasing Act, which is classified generally to chapter 3A
(Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
complete classification of this Act to the Code, see Short Title
note set out under section 181 of Title 30 and Tables.

16 USC Sec. 3150

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS

Sec. 3150. Alaska mineral resource assessment program

(a) Mineral assessments
The Secretary shall, to the full extent of his authority, assess
the oil, gas, and other mineral potential on all public lands in
the State of Alaska in order to expand the data base with respect
to the mineral potential of such lands. The mineral assessment
program may include, but shall not be limited to, techniques such
as side-looking radar imagery and, on public lands other than such
lands within the national park system, core and test drilling for
geologic information, notwithstanding any restriction on such
drilling under the Wilderness Act (16 U.S.C. 1131 et seq.). For
purposes of this Act, core and test drilling means the extraction
by drilling of subsurface geologic samples in order to assess the
metalliferous or other mineral values of geologic terrain, but
shall not be construed as including exploratory drilling of oil and
gas test wells. To the maximum extent practicable, the Secretary

shall consult and exchange information with the State of Alaska
regarding the responsibilities of the Secretary under this section
and similar programs undertaken by the State. In order to carry out
mineral assessments authorized under this or any other law,
including but not limited to the National Uranium Resource
Evaluation program, the Secretary shall allow for access by air for
assessment activities permitted in this subsection to all public
lands involved in such study. He shall consult with the Secretary
of Energy and heads of other Federal agencies carrying out such
programs, to determine such reasonable requirements as may be
necessary to protect the resources of such area, including fish and
wildlife. Such requirements may provide that access will not occur
during nesting, calving, spawning or such other times as fish and
wildlife in the specific area may be especially vulnerable to such
activities. The Secretary is authorized to enter into contracts
with public or private entities to carry out all or any portion of
the mineral assessment program. This section shall not apply to
the lands described in section 3141 of this title.
(b) Regulations
Activities carried out in conservation system units under
subsection (a) of this section shall be subject to regulations
promulgated by the Secretary. Such regulations shall ensure that
such activities are carried out in an environmentally sound manner
(1) which does not result in lasting environmental impacts
which appreciably alter the natural character of the units or
biological or ecological systems in the units; and
(2) which is compatible with the purposes for which such units
are established.

(Pub. L. 96-487, title X, Sec. 1010, Dec. 2, 1980, 94 Stat. 2456.)

REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

16 USC Sec. 3151

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS
LEASING PROGRAM AND MINERAL ASSESSMENTS
Sec. 3151. Annual report by President to Congress on minerals in
Alaska

On or before October 1, 1982, and annually thereafter, the
President shall transmit to the Congress all pertinent public
information relating to minerals in Alaska gathered by the United
States Geological Surveys, United States Bureau of Mines, and any
other Federal agency.

(Pub. L. 96-487, title X, Sec. 1011, Dec. 2, 1980, 94 Stat. 2457;
Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

CHANGE OF NAME
''United States Bureau of Mines'' substituted in text for
''Bureau of Mines'' pursuant to section 10(b) of Pub. L. 102-285,
set out as a note under section 1 of Title 30, Mineral Lands and
Mining.

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 3166 of this title.

16 USC Sec. 3161

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3161. Congressional declaration of findings

Congress finds that (a) Alaska's transportation and utility network is largely
undeveloped and the future needs for transportation and utility
systems in Alaska would best be identified and provided for through
an orderly, continuous decisionmaking process involving the State
and Federal Governments and the public;
(b) the existing authorities to approve or disapprove
applications for transportation and utility systems through public
lands in Alaska are diverse, dissimilar, and, in some cases,
absent; and
(c) to minimize the adverse impacts of siting transportation and
utility systems within units established or expanded by this Act
and to insure the effectiveness of the decisionmaking process, a
single comprehensive statutory authority for the approval or
disapproval of applications for such systems must be provided in
this Act.

(Pub. L. 96-487, title XI, Sec. 1101, Dec. 2, 1980, 94 Stat. 2457.)

REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

16 USC Sec. 3162

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3162. Definitions

For purposes of this subchapter (1) The term ''applicable law'' means any law of general
applicability (other than this subchapter) under which any Federal
department or agency has jurisdiction to grant any authorization
(including but not limited to, any right-of-way, permit, license,
lease, or certificate) without which a transportation or utility
system cannot, in whole or in part, be established or operated.
(2) The term ''applicant'' means any public or private person,
including, but not limited to, any Federal department or agency.
(3) The term ''Federal agency'' means any Federal department or
agency that has any function or duty under applicable law.
(4)(A) The term ''transportation or utility system'' means any
type of system described in subparagraph (B) if any portion of the
route of the system will be within any conservation system unit,
national recreation area, or national conservation area in the
State (and the system is not one that the department or agency
having jurisdiction over the unit or area is establishing incident
to its management of the unit or area).
(B) The types of systems to which subparagraph (A) applies are as
follows:
(i) Canals, ditches, flumes, laterals, pipes, pipelines,
tunnels, and other systems for the transportation of water.
(ii) Pipelines and other systems for the transportation of
liquids other than water, including oil, natural gas, synthetic
liquid and gaseous fuels, and any refined product produced
therefrom.
(iii) Pipelines, slurry and emulsion systems and conveyor belts
for the transportation of solid materials.
(iv) Systems for the transmission and distribution of electric
energy.
(v) Systems for transmission or reception of radio, television,
telephone, telegraph, and other electronic signals, and other
means of communication.
(vi) Improved rights-of-way for snow machines, air cushion
vehicles, and other all-terrain vehicles.
(vii) Roads, highways, railroads, tunnels, tramways, airports,
landing strips, docks, and other systems of general
transportation.
Any system described in this subparagraph includes such related
structures and facilities (both temporary and permanent) along the
route of the system as may be minimally necessary for the
construction, operation, and maintenance of this system. Such
related structures and facilities shall be described in the
application required by section 3164 of this title, and shall be

approved or disapproved in accordance with the procedures set forth
in this subchapter.

(Pub. L. 96-487, title XI, Sec. 1102, Dec. 2, 1980, 94 Stat. 2458.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3164 of this title.

16 USC Sec. 3163

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3163. Effect on other laws

Except as specifically provided for in this subchapter,
applicable law shall apply with respect to the authorization and
administration of transportation or utility systems.

(Pub. L. 96-487, title XI, Sec. 1103, Dec. 2, 1980, 94 Stat. 2459.)

16 USC Sec. 3164

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3164. Procedural requirements

(a) In general
Notwithstanding any provision of applicable law, no action by any
Federal agency under applicable law with respect to the approval or

disapproval of the authorization, in whole or in part, of any
transportation or utility system shall have any force or effect
unless the provision of this section are complied with.
(b) Consolidated applications
(1) Within one hundred and eighty days after December 2, 1980,
the Secretary, the Secretary of Agriculture, and the Secretary of
Transportation, in consultation with the heads of other appropriate
Federal agencies, shall jointly prescribe and publish a
consolidated application form to be used for applying for the
approval of each type of transportation or utility system. Each
such application form shall be designed to elicit such information
as may be necessary to meet the requirements of this subchapter and
the applicable law with respect to the type of system concerned.
(2) For purposes of this section, the heads of all appropriate
Federal agencies, including the Secretary of Transportation, shall
share decisionmaking responsibility in the case of any
transportation or utility system described in section
3162(4)(B)(ii), (iii), or (vii) of this title; but with respect to
any such system for which he does not have programmatic
responsibility, the Secretary of Transportation shall provide to
the other Federal agencies concerned such planning and other
assistance as may be appropriate.
(c) Filing
Each applicant for the approval of any transportation or utility
system shall file on the same day an application with each
appropriate Federal agency. The applicant shall utilize the
consolidated form prescribed under subsection (b) of this section
for the type of transportation or utility system concerned.
(d) Agency notice
(1) Within sixty days after the receipt of an application filed
pursuant to subsection (c) of this section, the head of each
Federal agency with whom the application was filed shall inform the
applicant in writing that, on its face (A) the application appears to contain the information required
by this subchapter and applicable law insofar as that agency is
concerned; or
(B) the application does not contain such information.
(2) Any notice provided under paragraph (1)(B) shall specify what
additional information the applicant must provide. If the
applicant provides additional information, the head of the Federal
agency must inform the applicant in writing, within thirty days
after receipt of such information, whether the information is
sufficient.
(e) Environmental impact statement
The draft of any environmental impact statement required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.) in connection with any application filed under this section
shall be completed, within nine months from the date of filing, by
the head of the Federal agency assigned lead responsibility for the
statement. Any such statement shall be jointly prepared by all
Federal agencies with which the application was filed under
subsection (c) of this section. The final environmental impact
statement shall be completed within one year from the date of such
filing. Such nine-month and one-year periods may be extended for
good cause by the Federal agency head assigned lead responsibility
for the preparation of such statement if he determines that
additional time is necessary for such preparation, notifies the
applicant in writing of such determination, and publishes notices
of such determination, together with the reasons therefor, in the
Federal Register. The provisions of section 1734 of title 43 shall
apply to each environmental impact statement under this subsection
in the same manner as such provisions apply to applications
relating to the public lands referred to in section 1734 of title
43. The Federal agency assigned lead responsibility shall, in
conjunction with such other Federal agencies before which the
application is pending, hold public hearings in the District of
Columbia and an appropriate location in the State on each draft
joint environmental impact statement and the views expressed
therein shall be considered by all Federal agencies concerned
before publication of the final joint environmental impact
statement.
(f) Other views
During both the nine-month period, and the succeeding three-month
period plus any extension thereof provided for in subsection (e) of
this section, the heads of the Federal agencies concerned shall
solicit and consider the views of other Federal departments and
agencies, the Alaska Land Use Council, the State, affected units of
local government in the State, and affected corporations formed
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.), and, after public notice, shall receive and consider
statements and recommendations regarding the application submitted
by interested individuals and organizations.
(g) Agency decision
(1) Within four months after the final environmental impact
statement is published in accordance with subsection (e) of this
section with respect to any transportation or utility system, each
Federal agency shall make a decision to approve or disapprove, in
accordance with applicable law, each authorization and that applies
with respect to the system and that is within the jurisdiction of
that agency.
(2) The head of each Federal agency, in making a decision
referred to in paragraph (1), shall consider, and make detailed

findings supported by substantial evidence, with respect to (A) the need for, and economic feasibility of, the
transportation or utility system;
(B) alternative routes and modes of access, including a
determination with respect to whether there is any economically
feasible and prudent alternative to the routing of the system
through or within a conservation system unit, national recreation
area, or national conservation area and, if not, whether there
are alternative routes or modes which would result in fewer or
less severe adverse impacts upon the conservation system unit;
(C) the feasibility and impacts of including different
transportation or utility systems in the same area;
(D) short- and long-term social, economic, and environmental
impacts of national, State, or local significance, including
impacts on fish and wildlife and their habitat, and on rural,
traditional lifestyles;
(E) the impacts, if any, on the national security interests of
the United States, that may result from approval or denial of the
application for a transportation or utility system;
(F) any impacts that would affect the purposes for which the
Federal unit or area concerned was established;
(G) measures which should be instituted to avoid or minimize
negative impacts; and
(H) the short- and long-term public values which may be
adversely affected by approval of the transportation or utility
system versus the short- and long-term public benefits which may
accrue from such approval.

(Pub. L. 96-487, title XI, Sec. 1104, Dec. 2, 1980, 94 Stat. 2459.)

REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
The Alaska Native Claims Settlement Act, referred to in subsec.
(f), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
which is classified generally to chapter 33 (Sec. 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.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410hh, 3162, 3166 of this
title.

16 USC Sec. 3165

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3165. Standards for granting certain authorizations

In any case in which there is no applicable law with respect to a
transportation or utility system, the head of the Federal agency
concerned shall, within four months after the date of filing of any
final Environmental Impact Statement, make recommendations, for
purposes of section 3166(b) of this title, to grant such
authorizations as may be necessary to establish such system, in
whole or in part, within the conservation system unit concerned if
he determines that (1) such system would be compatible with the purposes for which
the unit was established; and
(2) there is no economically feasible and prudent alternative
route for the system.

(Pub. L. 96-487, title XI, Sec. 1105, Dec. 2, 1980, 94 Stat. 2461.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3166 of this title.

16 USC Sec. 3166

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS

Sec. 3166. Agency, Presidential, and Congressional actions

(a) Agency action in cases other than those involving section 3165
or wilderness areas
(1) In the case of any application for the approval of any
transportation or utility system to which section 3165 of this
title does not apply or that does not occupy, use, or traverse any
area within the National Wilderness Preservation System, if, in
compliance with section 3164 of this title (A) each Federal agency concerned decides to approve each
authorization within its jurisdiction with respect to that
system, then the system shall be deemed to be approved and each
such agency shall promptly issue, in accordance with applicable
law, such rights-of-way, permits, licenses, leases, certificates,
or other authorizations as are necessary with respect to the
establishment of the system; or
(B) one or more Federal agencies decide to disapprove any
authorization within its jurisdiction with respect, to that
system, then the system shall be deemed to be disapproved and the
applicant for the system may appeal the disapproval to the
President.
(2) If an applicant appeals under paragraph (1)(B), the
President, within four months after receiving the appeal, shall
decide whether to approve or deny the application. The President
shall approve the application if he finds, after consideration of
the factors set forth in section 3164(g)(2) of this title, that
such approval would be in the public interest and that (1) such
system would be compatible with the purposes for which the unit was
established; and (2) there is no economically feasible and prudent
alternative route for the system. In making a decision, the
President shall consider any environmental impact statement
prepared pursuant to section 3164(e) of this title, comments of the
public and Federal agencies received during the preparation of such
statement, and the findings and recommendations, if any, of each
Federal agency that rendered a decision with respect to the
application. The President's decision to approve or deny the
application shall be published in the Federal Register, together
with a statement of the reasons for his determination.
(3) If the President approves an application under paragraph (2),
each Federal agency concerned shall promptly issue, in accordance
with applicable law, such rights-of-way, permits, licenses, leases,
certificates, or other authorizations as are necessary with respect
to the establishment of the system

(4) If the President denies an application under paragraph (2),
the applicant shall be deemed to have exhausted his administrative
remedies and may file suit in any appropriate Federal court to
challenge such decision.
(b) Agency action in cases involving section 3165 or wilderness
areas
(1) In the case of any application for the approval of a
transportation or utility system to which section 3165 of this
title applies or that proposes to occupy, use, or traverse any area
within the National Wilderness Preservation System, each Federal
agency concerned shall promptly submit to the President
notification whether the agency tentatively approved or disapproved
each authorization within its jurisdiction that applies with
respect to the system. Such notification shall be accompanied by a
statement of the reasons and findings supporting the agency
position.
(2) Within four months after receiving all notification referred
to in paragraph (1) and after considering such notifications, any
environmental impact statement prepared pursuant to section 3164(e)
of this title, and the comments of the public and Federal agencies
received during the preparation of such statement, the President
shall decide whether or not the application for the system
concerned should be approved. If the President denies an
application the applicant shall be deemed to have exhausted his
administrative remedies, and may file suite in any appropriate
Federal court to challenge such decision. If the President
approves the application, he shall submit to Congress his
recommendation for approval of the transportation or utility system
covered, whereupon the Congress shall consider the application as
provided in subsection (c) of this section. The President shall
include with his recommendation to Congress (A) the application which is the subject of his recommendation;
(B) a report setting forth in detail the relevant factual
background and the reasons for his findings and recommendation;
(C) the joint environmental impact statement; (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by
''and''.
(D) a statement of the conditions and stipulations which would
govern the use of the system if approved by the Congress.
(c) Congressional approval
(1) No application for any transportation or utility system with
respect to which the President makes a recommendation for approval
under subsection (b) of this section shall be approved unless the
Senate and House of Representatives approve a resolution described
in paragraph (4) within the first period of one hundred and twenty
calendar days of continuous session of the Congress beginning on

the date after the date of receipt by the Senate and House of
Representatives of such recommendation.
(2) For purposes of this subsection (A) continuity of session of the Congress is broken only by an
adjournment sine die; and
(B) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of one-hundred-and-twenty-day
calendar period.
(3) This subsection is enacted by the Congress (A) as an exercise of the rulemaking power of each House of the
Congress respectively, but applicable only with respect to the
procedure to be followed in the House in the case of resolutions
described by paragraph (6) of this subsection; and its supersedes
other rules only to the extent that it is inconsistent therewith;
and
(B) with full recognition of the constitutional right of either
House to change the rules (so far as those relate to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of such House.
(4) For the purposes of this subsection, the term ''resolution''
means a joint resolution, the resolving clause of which is as
follows: ''That the House of Representatives and Senate approve the
application for under title XI of the Alaska National Interest
Lands Conservation 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 subsection, the
provisions of section 719f(d) of title 15 shall apply to the
consideration of the resolution.
(6) After an application for a transportation or utility system
has been approved under subsection (a) of this section, the
appropriate Federal agencies shall issue appropriate authorizations
in accordance with applicable law. In any case in which an
application for a transportation or utility system has been
approved pursuant to subsection (b) of this section, the
appropriate Federal agencies shall issue appropriate authorizations
in accordance 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
agency shall administer the right-of-way in accordance 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, Sec. 1106, Dec. 2, 1980, 94 Stat. 2461.)

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,
as amended. Title XI of the Alaska National Interest 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, referred 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, as amended. Title V of the Federal Land Policy and
Management Act of 1976 is classified generally to subchapter V
(Sec. 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.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3165 of this title.

16 USC Sec. 3167

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 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 pursuant to an application under this subchapter, terms and
conditions which shall include, but not be limited to (1) requirements to insure that, to the maximum 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 conservation area was

established or is managed;
(2) requirements for restoration, revegetation, 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 violate applicable air and water
quality standards and related facility siting standards
established pursuant to law;
(4) requirements, including the minimum necessary width,
designed to control or prevent (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, social 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
boundaries of a unit of the National Wild and Scenic Rivers System
shall be subject to such conditions 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
manner.
(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
section 185 of title 30, and the provisions of subsections (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
subchapter.

(Pub. L. 96-487, title XI, Sec. 1107, Dec. 2, 1980, 94 Stat. 2463.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410hh of this title.

16 USC Sec. 3168

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS

Sec. 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 entered in a
case involving an action pursuant to this subchapter.

(Pub. L. 96-487, title XI, Sec. 1108, Dec. 2, 1980, 94 Stat. 2464;
Pub. L. 98-620, title IV, Sec. 402(22)(B), Nov. 8, 1984, 98 Stat.
3358.)

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 concerning, and time periods
for, expedited judicial review.
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.

16 USC Sec. 3169

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS

Sec. 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, Sec. 1109, Dec. 2, 1980, 94 Stat. 2464.)

16 USC Sec. 3171

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 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 Reserve - 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, geophysical,
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) of this
section, 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 inconsistent 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, Sec. 1111, Dec. 2, 1980, 94 Stat. 2465.)

REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

16 USC Sec. 3172

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3172. North Slope Haul Road

(a) In general
So long as that section of the North Slope Haul Road referred to
in subsection (c) of this section is closed to public use, but not
including regulated local traffic north of the Yukon River,
regulated industrial 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 contained in title 23, as amended or supplemented, or
in any regulations thereunder. Prior to executing an agreement
pursuant to this subsection, the Secretary and the Governor of
Alaska shall consult with the head of any unit of local government
which encompasses lands located 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 conditioned upon
repayment by the State of Alaska to the Treasurer of the United
States of any Federal-aid highway funds paid on account of the
section of highway described in subsection (c) of this section, and
the obligation of the State of Alaska to repay these amounts is
hereby released so long as the road remains closed as set forth in
subsection (a) of this section.
(c) Application of section
The provisions of this section shall apply to that section of the
North Slope Haul Road, which extends from the southern terminus of

the Yukon River Bridge to the northern terminus of the Road at
Prudhoe Bay.

(Pub. L. 96-487, title XI, Sec. 1112, Dec. 2, 1980, 94 Stat. 2465.)

16 USC Sec. 3173

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS,
AND ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3173. Stikine River region; Presidential study and report to
Congress

Congress finds that there is a need to study the effect of this
Act upon the ability of the Government of Canada to obtain access
in the Stikine River region of southeast Alaska. Accordingly,
within five years from December 2, 1980, the President shall
consult with the Government of Canada and shall submit a report to
the Congress containing his findings and recommendations concerning
the need, if any, to provide for such access. Such report shall
include, among other things, an analysis of the need for access and
the social, environmental and economic impacts which may result
from various forms of access including, but not limited to, a road
along the Stikine and Iskut Rivers, or other alternative routes,
should such access be permitted.

(Pub. L. 96-487, title XI, Sec. 1113, Dec. 2, 1980, 94 Stat. 2466.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2466, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.
SUBCHAPTER V - FEDERAL-STATE COOPERATION

16 USC Sec. 3181

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER V - FEDERAL-STATE COOPERATION
Sec. 3181. Alaska Land Use Council

(a) Establishment
There is hereby established the Alaska Land Use Council
(hereinafter in this subchapter referred to as the ''Council'').
(b) Cochairmen
The Council shall have Cochairmen. The Federal Cochairman shall
be appointed by the President of the United States with the advice
and consent of the Senate. The State Cochairman shall be the
Governor of Alaska.
(c) Members
In addition to the Cochairmen, the Council shall consist of the
following members:
(1) the head of the Alaska offices of each of the following
Federal agencies: National Park Service, United States Fish and
Wildlife Service, United States Forest Service, Bureau of Land
Management, Heritage Conservation and Recreation Service,
National Oceanic and Atmospheric Administration, and Department
of Transportation;
(2) the Commissioners of the Alaska Departments of Natural
Resources, Fish and Game, Environmental Conservation, and
Transportation; and
(3) two representatives selected by the Alaska Native Regional
Corporations (in consultation with their respective Village
Corporations) which represent the twelve geographic regions
described in section 1606(a) of title 43.
Any vacancy on the Council shall be filled in the same manner in
which the original appointment was made.
(d) State decision not to participate
If the State elects not to participate on the Council or elects
to end its participation prior to termination of the Council, the
Council shall be composed of the Federal Cochairman, the agencies
referred to in subsection (c)(1) of this section and the
representatives of the Alaska Native Regional Corporations referred
to in subsection (c)(3) of this section. The Council, so composed,

shall carry out the administrative functions required by this
subchapter and shall make recommendations to Federal officials with
respect to the matters referred to in subsections (i) and (j) of
this section. In addition, the Council may make recommendations
from time to time to State officials and private landowners
concerning such matters.
(e) Compensation and expenses
(1) The Federal Cochairman shall be compensated at a rate to be
determined by the President but not in excess of that provided for
level IV of the Executive Schedule contained in title 5 (5 U.S.C.
5315).
(2) The other members of the Council who are Federal employees
shall receive no additional compensation for service on the
Council.
(3) While away from their homes or regular places of business in
the performance of services for the Council, members of the Council
who are Federal employees, or members of the Council referred to in
subsection (c)(3) of this section, shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in the Government service
are allowed expenses under section 5703(b) of title 5.
(4) The State Cochairman and other State members of the Council
have been compensated in accordance with applicable State law.
(f) Administrative authority
(1) The Cochairmen, acting jointly, shall have the authority to
create and abolish employments and positions, including temporary
and intermittent employments; to fix and provide for the
qualification, appointment, removal, compensation, pension, and
retirement rights of Council employees; and to procure needed
office space, supplies, and equipment.
(2) The office of the Council shall be located in the State of
Alaska.
(3) Except as provided in subsection (d) of this section, within
any one fiscal year, the Federal Government shall pay only 50 per
centum of the costs and other expenses other than salaries,
benefits, et cetera of members, incurred by the Council in carrying
out its duties under this Act.
(4) The Council is authorized to use, with their consent, the
services, equipment, personnel, and facilities of Federal and other
agencies with or without reimbursement. Each department and agency
of the Federal Government is authorized and directed to cooperate
fully in making its services, equipment, personnel, and facilities
available to the Council. Personnel detailed to the Council in
accordance with the provisions of this subsection shall be under
the direction of the Cochairman during any period such staff is so
detailed.

(5) The Council is authorized to accept donations, gifts, and
other contributions and to utilize such donations, gifts, and
contributions in carrying out its functions under this Act.
(6) The Council shall keep and maintain complete accounts and
records of its activities and transactions, and such accounts and
records shall be available for public inspection.
(g) Meetings; authorities; reports
The Council shall meet at the call of the Cochairmen, but not
less than four times each year. In addition, the Council may, for
the purpose of carrying out the provisions of this section, hold
such hearings, take such testimony, receive such evidence and print
or otherwise reproduce and distribute reports concerning so much of
its proceedings as the Council deems advisable. No later than
February 1 of each calendar year following the calendar year in
which the Council is established, the Cochairmen shall submit to
the President, the Congress, the Governor of Alaska, and the Alaska
Legislature, in writing, a report on the activities of the Council
during the previous year, together with their recommendations, if
any, for legislative or other action in furtherance of the purposes
of this section.
(h) Rules
The Council shall adopt such internal rules of procedure as it
deems necessary. All Council meetings shall be open to the public,
and at least fifteen days prior to the date when any meeting of the
Council is to take place the Cochairman shall publish public notice
of such meeting in the Federal Register and in newspapers of
general circulation in various areas throughout Alaska.
(i) Functions of the Council
(1) The Council shall conduct studies and advise the Secretary,
the Secretary of Agriculture, other Federal agencies, the State,
local governments, and Native Corporations with respect to ongoing,
planned, and proposed land and resources uses in Alaska, including
transportation planning, land use designation, fish and wildlife
management, tourism, agricultural development, coastal zone
management, preservation of cultural and historical resources, and
such other matters as may be submitted for advice by the members.
(2) It shall be the function of the Council (A) to make recommendations to appropriate officials of the
United States and the State of Alaska with respect to (i) proposed regulations promulgated by the United States to
carry out its responsibilities under this Act;
(ii) management plans and studies required by this Act
including, but not limited to, plans and studies for
conservation system units, wild and scenic rivers, and
wilderness areas;
(iii) proposed regulations promulgated by the State of Alaska

to carry out its responsibilities under this Act and other
State and Federal laws;
(B) to make recommendations to appropriate officials of the
governments of the United States and the State of Alaska with
respect to ways to improve coordination and consultation between
said governments in wildlife management, transportation planning,
wilderness review, and other governmental activities which appear
to require regional or statewide coordination;
(C) to make recommendations to appropriate officials of the
governments of the United States and the State of Alaska with
respect to ways to insure that economic development is orderly
and planned and is compatible with State and national economic,
social, and environmental objectives;
(D) to make recommendations to appropriate officials of the
governments of the United States and the State of Alaska with
respect to those changes in laws, policies, and programs relating
to publicly owned lands and resources which the Council deems
necessary;
(E) to make recommendations to appropriate officials of the
governments of the United States and the State of Alaska with
respect to the inventory, planning, classification, management,
and use of Federal and State lands, respectively, and to provide
such assistance to Native Corporations upon their request;
(F) to make recommendations to appropriate officials of the
governments of the United States and the State of Alaska with
respect to needed modifications in existing withdrawals of
Federal and State lands; and
(G) to make recommendations to appropriate officials of the
governments of the United States and the State of Alaska with
respect to the programs and budgets of Federal and State agencies
responsible for the administration of Federal and State lands;
and
(H) to make recommendations to appropriate officials of the
governments of the United States, the State of Alaska, and Native
Corporations for land exchanges between or among them.
(j) Cooperative planning
(1) The Council shall recommend cooperative planning zones,
consisting of areas of the State in which the management of lands
or resources by one member materially affects the management of
lands or resources of another member or members including, but not
limited to, such areas as the Northwest Arctic, the North Slope,
and Bristol Bay. Federal members of the Council are authorized and
encouraged to enter into cooperative agreements with Federal
agencies, with State and local agencies, and with Native
Corporations providing for mutual consultation, review, and
coordination of resource management plans and programs within such

zones.
(2) With respect to lands, waters, and interests therein which
are subject to a cooperative agreement in accordance with this
subsection, the Secretary, in addition to any requirement of
applicable law, may provide technical and other assistance to the
landowner with respect to fire control, trespass control, law
enforcement, resource use, and planning. Such assistance may be
provided without reimbursement if the Secretary determines that to
do so would further the purposes of the cooperative agreement and
would be in the public interest.
(3) Cooperative agreements established pursuant to this section
shall include a plan for public participation consistent with the
guidelines established by the Council pursuant to subsection (m) of
this section.
(k) Nonacceptance of Council recommendations
If any Federal or State agency does not accept a recommendation
made by the Council pursuant to subsection (i) or (j) of this
section, such agency, within thirty days of receipt of the
recommendation, shall inform the Council, in writing, of its reason
for such action.
(l) Termination
Unless extended by the Congress, the Council shall terminate ten
years after December 2, 1980. No later than one year prior to its
termination date, the Cochairmen shall submit in writing to the
Congress a report on the accomplishments of the Council together
with their recommendations as to whether the Council should be
extended or any other recommendations for legislation or other
action which they determine should be taken following termination
of the Council to continue carrying out the purposes for which the
Council was established.
(m) Public participation
The Council shall establish and implement a public participation
program to assist the Council to carry out its responsibilities and
functions under this section. Such program shall include, but is
not limited to (1) A committee of land-use advisors appointed by the
Cochairmen made up of representatives of commercial and
industrial land users in Alaska, recreational land users,
wilderness users, environmental groups, Native Corporations, and
other public and private organizations. To the maximum extent
practicable, the membership of the committee shall provide a
balanced mixture of national, State, and local perspective and
expertise on land and resource use issues; and
(2) A system for (A) the identification of persons and
communities, in rural and urban Alaska, who or which may be
directly or significantly affected by studies conducted, or

advice and recommendations given by the Council pursuant to this
section, and (B) guidelines for, and implementation of, a system
for effective public participation by such persons or communities
in the development of such studies, advice and recommendations by
the Council.

(Pub. L. 96-487, title XII, Sec. 1201, Dec. 2, 1980, 94 Stat.
2466.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (f)(3), (5) and (i)(2)(A)(i),
(ii), and (iii), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
amended, known as the Alaska National Interest Lands Conservation
Act. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and Tables.

16 USC Sec. 3182

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER V - FEDERAL-STATE COOPERATION
Sec. 3182. Federal Coordination Committee

There is hereby established a Federal Coordination Committee
composed of the Secretaries (or their designees) of Agriculture,
Energy, the Interior, and Transportation; the Administrators of the
Environmental Protection Agency, and the National Oceanic and
Atmospheric Administration; and the Federal and State Cochairmen of
the Council. Such Committee shall meet at least once every four
months in order to coordinate those programs and functions of their
respective agencies which could affect the administration of lands
and resources in Alaska. The Federal Cochairman shall be the
Chairman of the Committee. He shall be responsible for formulating
an agenda for each meeting, after consultation with the other
agency heads referred to herein, for providing any necessary staff
support, and for preparing a brief summary of the disposition of
matters discussed at each meeting. Such summary shall be published
in the Federal Register.

(Pub. L. 96-487, title XII, Sec. 1202, Dec. 2, 1980, 94 Stat.
2470.)

16 USC Sec. 3183

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER V - FEDERAL-STATE COOPERATION

Sec. 3183. Bristol Bay Cooperative Region

(a) Definitions
For purposes of this section (1) The term ''Governor'' means the Governor of the State of
Alaska.
(2) The term ''region'' means the land (other than any land
within the National Park System) within the Bristol Bay
Cooperative Region as generally depicted on the map entitled
''Bristol Bay-Alaska Peninsula'', dated October 1979.
(b) Purpose
The purpose of this section is to provide for the preparation and
implementation of a comprehensive and systematic cooperative
management plan (hereinafter in this section referred to as the
''plan''), agreed to by the United States and the State (1) to conserve the fish and wildlife and other significant
natural and cultural resources within the region;
(2) to provide for the rational and orderly development of
economic resources within the region in an environmentally sound
manner;
(3) to provide for such exchanges of land among the Federal
Government, the State, and other public or private owners as will
facilitate the carrying out of paragraphs (1) and (2);
(4) to identify any further lands within the region which are
appropriate for selections by the State under section 6 of the
Alaska Statehood Act and this Act; and
(5) to identify any further lands within the region which may
be appropriate for congressional designation as national
conservation system units.
(c) Federal-State cooperation in preparation of plans
(1) If within three months after December 2, 1980, the Governor
notifies the Secretary that the State wishes to participate in the

preparation of the plan, and that the Governor will, to the extent
of his authority, manage State lands within the region to conserve
fish and wildlife during such preparation, the Secretary and the
Governor shall undertake to prepare the plan which shall contain
such provisions as are necessary and appropriate to achieve the
purposes set forth in subsection (b) of this section, including but
not limited to (A) the identification of the significant resources of the
region;
(B) the identification of present and potential uses of land
within the region;
(C) the identification of areas within the region according to
their significant resources and the present or potential uses
within each such area;
(D) the identification of land (other than any land within the
National Park System) which should be exchanged in order to
facilitate the conserving of fish and wildlife and the management
and development of other resources within the region; and
(E) the specification of the uses which may be permitted in
each area identified under paragraph (C) and the manner in which
these uses shall be regulated by the Secretary or the State, as
appropriate, if such plan is approved.
(2) The plan shall also (A) specify those elements of the plan, and its implementation,
which the Secretary or the Governor:
(i) may modify without prior approval of both parties to the
plan; and
(ii) may not modify without such prior approval; and
(B) include a description of the procedures which will be used
to make modifications to which paragraph (A)(i) applies.
(d) Action by Secretary if State does not participate in plan
If (1) the Secretary does not receive notification under
subsection (c) of this section that the State will participate in
the preparation of the plan; or
(2) after the State agrees to so participate, the Governor
submits to the Secretary written notification that the State is
terminating its participation;
the Secretary shall prepare a plan containing the provisions
referred to in subsection (c)(1) of this section (and containing a
specification of those elements in the plan which the Secretary may
modify without prior approval of Congress), and submit copies of
such plan to the Congress, as provided in subsection (e)(2) of this
section, within three years after December 2, 1980.
(e) Taking effect of plan
(1) If within three years after December 2, 1980, a plan has been

prepared under subsection (c) of this section which is agreed to by
the Secretary and the Governor, the plan shall take effect with
respect to the United States and the State.
(2) If the plan prepared pursuant to this section is agreed to by
the Secretary and the Governor includes any recommendations
regarding (i) the exchange of State lands, (ii) the management of
Federal lands within any conservation system unit, or (iii) any
other actions which require the approval of either the Congress or
the Alaska State Legislature, then the Secretary and the Governor
shall submit to the Congress and the State Legislature as
appropriate, their proposals for legislation necessary to carry out
the recommendations contained in the plan.
(f) Transitional provisions
On December 2, 1980, and for a period of three years thereafter,
all Federal land within the region (except that land conveyed by
title IX of this Act to the State of Alaska and Federal lands
located within the boundaries of conservation system units) shall
be withdrawn from all forms of appropriation under the public land
laws, including selections by the State, and from location and
entry under the mining laws and from leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.), and shall be managed by the
Bureau of Land Management under its existing statutory authority
and consistent with provisions of this section.

(Pub. L. 96-487, title XII, Sec. 1203, Dec. 2, 1980, 94 Stat.
2470.)

REFERENCES IN TEXT
Section 6 of the Alaska Statehood Act, referred to in subsec.
(b)(4), is section 6 of Pub. L. 85-508, July 7, 1958, 72 Stat. 399,
which is set out as a note preceding section 21 of Title 48,
Territories and Insular Possessions.
This Act, referred to in subsecs. (b)(4) and (f), is Pub. L.
96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. Title IX of this
Act enacted sections 1631 to 1638 of Title 43, Public Lands,
amended sections 1614 and 1620 of Title 43, and amended provisions
set out as notes under section 1611 of Title 43 and preceding
section 21 of Title 48, Territories and Insular Possessions. For
complete classification of this Act to the Code, see Short Title
note set out under section 3101 of this title and Tables.
The public land laws, referred to in subsec. (f), are classified
generally to Title 43.
The mining laws, referred to in subsec. (f), are classified

generally to Title 30, Mineral Lands and Mining.
The Mineral Leasing Act, referred to in subsec. (f), is act Feb.
25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified
generally to chapter 3A (Sec. 181 et seq.) of Title 30. For
complete classification of this Act to the Code, see Short Title
note set out under section 181 of Title 30 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1276 of this title.

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

16 USC Sec. 3191

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3191. Management plans

(a) Development; transmittal to Congressional committees
Within five years from December 2, 1980, the Secretary shall
develop and transmit to the appropriate Committees of the Congress
a conservation and management plan for each of the units of the
National Park System established or to which additions are made by
this Act.
(b) National Park service plan requirements
Each plan for a unit established, redesignated, or expanded by
subchapter LIX-F of chapter 1 of this title shall identify
management practices which will carry out the policies of this Act
and will accomplish the purposes for which the concerned National
Park System unit was established or expanded and shall include at
least the following:
(1) Maps indicating areas of particular importance as to
wilderness, natural, historical, wildlife, cultural,
archeological, paleontological, geological, recreational, and
similar resources and also indicating the areas into which such
unit will be divided for administrative purposes.
(2) A description of the programs and methods that will be

employed to manage fish and wildlife resources and habitats,
cultural, geological, recreational, and wilderness resources, and
how each conservation system unit will contribute to overall
resources management goals of that region. Such programs should
include research, protection, restoration, development, and
interpretation as appropriate.
(3) A description of any areas of potential or proposed
development, indicating types of visitor services and facilities
to be provided, the estimated costs of such services and
facilities, and whether or not such services and facilities could
and should be provided outside the boundaries of such unit.
(4) A plan for access to, and circulation within, such unit,
indicating the type and location of transportation routes and
facilities, if any.
(5) A description of the programs and methods which the
Secretary plans to use for the purposes of (A) encouraging the
recognition and protection of the culture and history of the
individuals residing, on December 2, 1980, in such unit and areas
in the vicinity of such unit, and (B) providing and encouraging
employment of such individuals.
(6) A plan for acquiring land with respect to such unit,
including proposed modifications in the boundaries of such unit.
(7) A description (A) of privately owned areas, if any, which
are within such unit, (B) of activities carried out in, or
proposed for, such areas, (C) of the present and potential
effects of such activities on such unit, (D) of the purposes for
which such areas are used, and (E) of methods (such as
cooperative agreements and issuance or enforcement of
regulations) of controlling the use of such activities to carry
out the policies of this Act and the purposes for which such unit
is established or expanded.
(8) A plan indicating the relationship between the management
of such unit and activities being carried out in, or proposed
for, surrounding areas and also indicating cooperative agreements
which could and should be entered into for the purpose of
improving such management.
(c) Consideration of factors
In developing, preparing, and revising a plan under this section
the Secretary shall take into consideration at least the following
factors:
(1) The specific purposes for which the concerned conservation
system unit was established or expanded.
(2) Protection and preservation of the ecological,
environmental, wildlife, cultural, historical, archeological,
geological, recreational, wilderness, and scenic character of the
concerned unit and of areas in the vicinity of such unit.

(3) Providing opportunities for Alaska Natives residing in the
concerned unit and areas adjacent to such unit to continue
performing in such unit activities which they have traditionally
or historically performed in such unit.
(4) Activities being carried out in areas adjacent to, or
surrounded by, the concerned unit.
(d) Hearing and participation
In developing, preparing, and revising a plan under this section
the Secretary shall hold at least one public hearing in the
vicinity of the concerned conservation unit, hold at least one
public hearing in a metropolitan area of Alaska, and, to the extent
practicable, permit the following persons to participate in the
development, preparation, and revision of such plan:
(1) The Alaska Land Use Council and officials of Federal
agencies whose activities will be significantly affected by
implementation of such plan.
(2) Officials of the State and of political subdivisions of the
State whose activities will be significantly affected by
implementation of such plan.
(3) Officials of Native Corporations which will be
significantly affected by implementation of such plan.
(4) Concerned local, State, and National organizations and
interested individuals.

(Pub. L. 96-487, title XIII, Sec. 1301, Dec. 2, 1980, 94 Stat.
2472.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b), is Pub. L. 96-487,
Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.
Subchapter LIX-F of chapter 1 of this title, referred to in
subsec. (b), commences with section 410hh of this title.

16 USC Sec. 3192

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3192. Land acquisition authority

(a) General authority
Except as provided in subsections (b) and (c) of this section,
the Secretary is authorized, consistent with other applicable law
in order to carry out the purposes of this Act, to acquire by
purchase, donation, exchange, or otherwise any lands within the
boundaries of any conservation system unit other than National
Forest Wilderness.
(b) Restrictions
Lands located within the boundaries of a conservation system unit
which are owned by (A) the State or a political subdivision of the State;
(B) a Native Corporation or Native Group which has Natives as a
majority of its stockholders;
(C) the actual occupant of a tract, title to the surface estate
of which was on, before, or after December 2, 1980, conveyed to
such occupant pursuant to section 1613(c)(1) and (h)(5) of title
43, unless the Secretary determines that the tract is no longer
occupied for the purpose described in section 1613(c)(1) or
(h)(5) of title 43 for which the tract was conveyed and that
activities on the tract are or will be detrimental to the
purposes of the unit in which the tract is located; or
(D) a spouse or lineal descendant of the actual occupant of a
tract described in subparagraph (C), unless the Secretary
determines that activities on the tract are or will be
detrimental to the purposes of the unit in which the tract is
located may not be acquired by the Secretary without the consent of the
owner.
(c) Exchanges
Lands located within the boundaries of a conservation system unit
(other than National Forest Wilderness) which are owned by persons
or entities other than those described in subsection (b) of this
section shall not be acquired by the Secretary without the consent
of the owner unless prior to final judgment on the value of the
acquired land, the owner, after being offered appropriate land of
similar characteristics and like value (if such land is available
from public lands located outside the boundaries of any
conservation system unit), chooses not to accept the exchange. In
identifying public lands for exchange pursuant to this subsection,
the Secretary shall consult with the Alaska Land Use Council.
(d) Improved property
No improved property shall be acquired under subsection (a) of

this section without the consent of the owner unless the Secretary
first determines that such acquisition is necessary to the
fulfillment of the purposes of this Act or to the fulfillment of
the purposes for which the concerned conservation system unit was
established or expanded.
(e) Retained rights
The owner of an improved property on the date of its acquisition,
as a condition of such acquisition, may retain for himself, his
heirs and assigns, a right of use and occupance of the improved
property for noncommercial residential or recreational purposes, as
the case may be, for a definite term of not more than twenty-five
years, or in lieu thereof, for a term ending at the death of the
owner or the death of his spouse, whichever is later. The owner
shall elect the term to be reserved. Unless the property is wholly
or partially donated, the Secretary shall pay to the owner the fair
market value of the owner's interest in the property on the date of
its acquisition, less the fair market value on that date of the
right retained by the owner. A right retained by the owner
pursuant to this section shall be subject to termination by the
Secretary upon his determination that such right is being exercised
in a manner inconsistent with the purposes of this Act, and it
shall terminate by operation of law upon notification by the
Secretary to the holder of the right of such determination and
tendering to him the amount equal to the fair market value of that
portion which remains unexpired.
(f) ''Improved property'' defined
For the purposes of this section, the term ''improved property''
means (1) a detached single family dwelling, the construction of
which was begun before January 1, 1980 (hereinafter referred to
as the ''dwelling''), together with the land on which the
dwelling is situated to the extent that such land (A) is in the same ownership as the dwelling or is Federal
land on which entry was legal and proper, and
(B) is designated by the Secretary to be necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures necessary to the
dwelling which are situated on the land so designated, or
(2) property developed for noncommercial recreational uses,
together with any structures accessory thereto which were so used
on or before January 1, 1980, to the extent that entry onto such
property was legal and proper.
In determining when and to what extent a property is to be
considered an ''improved property'', the Secretary shall take into
consideration the manner of use of such buildings and lands prior
to January 1, 1980, and shall designate such lands as are

reasonably necessary for the continued enjoyment of the property in
the same manner and to the same extent as existed before such date.
(g) Consideration of hardship
The Secretary shall give prompt and careful consideration to any
offer made by the owner of any property within a conservation
system unit to sell such property, if such owner notifies the
Secretary that the continued ownership is causing, or would result
in, undue hardship.
(h) Exchange authority
(1) Notwithstanding any other provision of law, in acquiring
lands for the purposes of this Act, the Secretary is authorized to
exchange lands (including lands within conservation system units
and within the National Forest System) or interests therein
(including Native selection rights) with the corporations organized
by the Native Groups, Village Corporations, Regional Corporations,
and the Urban Corporations, and other municipalities and
corporations or individuals, the State (acting free of the
restrictions of section 6(i) of the Alaska Statehood Act), or any
Federal agency. Exchanges shall be on the basis of equal value,
and either party to the exchange may pay or accept cash in order to
equalize the value of the property exchanged, except that if the
parties agree to an exchange and the Secretary determines it is in
the public interest, such exchanges may be made for other than
equal value.
(2) Nothing in this Act or any other provision of law shall be
construed as authorizing the Secretary to convey, by exchange or
otherwise, lands or interest in lands within the coastal plain of
the Arctic National Wildlife Refuge (other than land validly
selected prior to July 28, 1987), without prior approval by Act of
Congress.
(i) Donation or exchange
(1) The Secretary is authorized to acquire by donation or
exchange, lands (A) which are contiguous to any conservation system
unit established or expanded by this Act, and (B) which are owned
or validly selected by the State of Alaska.
(2) Any such lands so acquired shall become a part of such
conservation system unit.

(Pub. L. 96-487, title XIII, Sec. 1302, Dec. 2, 1980, 94 Stat.
2474; Pub. L. 100-395, title II, Sec. 201, Aug. 16, 1988, 102 Stat.
981.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (d), (e), (h), and (i)(1),

is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known
as the Alaska National Interest Lands Conservation Act. For
complete classification of this Act to the Code, see Short Title
note set out under section 3101 of this title and Tables.
Section 6(i) of the Alaska Statehood Act, referred to in subsec.
(h)(1), is section 6(i) of Pub. L. 85-508, July 7, 1958, 72 Stat.
339, which is set out as a note preceding section 21 of Title 48,
Territories and Insular Possessions.

AMENDMENTS
1988 - Subsec. (h). Pub. L. 100-395 designated existing
provisions as par. (1) and added par. (2).

16 USC Sec. 3193

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3193. Use of cabins and other sites of occupancy on
conservation system units

(a) Improved property on National Park System lands
(1) On public lands within the boundaries of any unit of the
National Park System created or enlarged by this Act, cabins or
other structures existing prior to December 18, 1973, may be
occupied and used by the claimant to these structures pursuant to a
renewable, nontransferable permit. Such use and occupancy shall be
for terms of five years each: Provided, That the claimant of the
structure by application:
(A) Reasonably demonstrates by affidavit, bill of sale or other
documentation, proof of possessory interest or right of occupancy
in the cabin or structure;
(B) Submits a sketch or photograph of the cabin or structure
and a map showing its geographic location;
(C) Agrees to vacate the cabin and to remove all personal
property from the cabin or structure upon expiration of the
permit; and
(D) Acknowledges in the permit that the applicant has no
interest in the real property on which the cabin or structure is
located.

(2) On public lands within the boundaries of any unit of the
National Park System created or enlarged by this Act, cabins or
other structures, the occupancy or use of which commenced between
December 18, 1973, and December 1, 1978, may be used and occupied
by the claimant of such structure pursuant to a nontransferable,
nonrenewable permit. Such use and occupancy shall be for a maximum
term of one year: Provided, however, That the claimant, by
application:
(A) Reasonably demonstrates by affidavit, bill of sale, or
other documentation, proof of possessory interest or right of
occupancy in the cabin or structure;
(B) Submits a sketch or photograph of the cabin or structure
and a map showing its geographic location;
(C) Agrees to vacate the cabin or structure and to remove all
personal property from it upon expiration of the permit; and
(D) Acknowledges in the permit that the applicant has no legal
interest in the real property on which the cabin or structure is
located.
The Secretary may, on a case by case basis, subject to reasonable
regulations, extend such permit term beyond one year for such
reasons as the Secretary deems equitable and just.
(3) Cabins or other structure not under permit as specified
herein shall be used only for official government business:
Provided however, That during emergencies involving the safety of
human life or where designated for public use by the Secretary,
these cabins may be used by the general public.
(4) The Secretary may issue a permit under such conditions as he
may prescribe for the temporary use, occupancy, construction and
maintenance of new cabins or other structures if he determines that
the use is necessary to reasonably accommodate subsistence uses or
is otherwise authorized by law.
(b) Improved property on other units or areas established or
expanded by this Act
The following conditions shall apply regarding the construction,
use and occupancy of cabins and related structures on Federal lands
within conservation system units or areas not provided for in
subsection (a) of this section:
(1) The construction of new cabins is prohibited except as may
be authorized pursuant to a nontransferable, five-year special
use permit issued by the Secretary. Such special use permit shall
only be issued upon a determination that the proposed use,
construction, and maintenance of a cabin is compatible with the
purposes for which the unit or area was established and that the
use of the cabin is either directly related to the administration
of the unit or area or is necessary to provide for a continuation
of an ongoing activity or use otherwise allowed within the unit

or area where the permit applicant has no reasonable alternative
site for constructing a cabin. No special use permit shall be
issued to authorize the construction of a cabin for private
recreational use.
(2) Traditional and customary uses of existing cabins and
related structures on Federal lands within a unit or area may be
allowed to continue in accordance with a nontransferable,
renewable five-year special use permit issued by the Secretary.
Such special use permit shall be issued only upon a determination
that the traditional and customary uses are compatible with the
purposes for which the unit or area was established. No special
use permits shall be issued to authorize the use of an existing
cabin constructed for private recreational use.
(3) No special use permit shall be issued under paragraphs (1)
or (2) of this subsection unless the permit applicant:
(A) In the case of existing cabins or structures, reasonably
demonstrates by affidavit, bill of sale or other documentation,
proof of possessory interests or right of occupancy in the
cabin or structure;
(B) Submits a sketch or photograph of the existing or
proposed cabin or structure and a map showing its geographic
location;
(C) Agrees to vacate the cabin or structure and to remove
within a reasonable time period established by the Secretary,
all personal property from it upon nonrenewal or revocation of
the permit; and
(D) Acknowledges in the permit application that the applicant
has no interest in the real property on which the cabin or
structure is located or will be constructed.
(4) The United States shall retain ownership of all new cabins
and related structures on Federal lands within a unit or area
specified in this subsection, and no proprietary rights or
privileges shall be conveyed through the issuance of the special
use permit authorized by paragraphs (1) or (2) of this
subsection. Cabins or other structures not under permit shall be
used only for official Government business: Provided, however,
That during emergencies involving the safety of human life or
where designated for public use by the unit or area manager, such
cabins may be used by the general public.
(c) Permits to be renewed for life of claimant and immediate family
(1) Whenever issuance of a nontransferable renewable five-year
special use permit is authorized by subsections (a) or (b) of this
section, said permit shall be renewed every five years until the
death of the last immediate family member of the claimant residing
in the cabin or structure, or unless the Secretary has revoked the
special use permit in accordance with the criteria established in

this section.
(2) Notwithstanding any other provision of this section, the
Secretary, after notice and hearing, may revoke a permit provided
for in this section if he determines, on the basis of substantial
evidence in the administrative record as a whole, that the use
under the permit is causing or may cause significant detriment to
the principal purposes for which the unit was established.
(d) Existing cabin leases or permits
Nothing in this Act shall preclude the renewal or continuation of
valid leases or permits in effect on December 2, 1980, for cabins,
homesites, or similar structures on Federal lands. Unless the
Secretary, or in the case of national forest lands, the Secretary
of Agriculture, issues specific findings following notice and an
opportunity for the lease-holder or permittee to respond, that
renewal or continuation of such valid permit or lease constitutes a
direct threat to or a significant impairment to the purposes for
which a conservation system unit was established (in the case of a
structure located within a conservation system unit) or the public
domain or national forest (in case of a structure located outside
conservation system units), he shall renew such valid leases or
permits upon their expiration in accordance with the provisions of
the original lease or permit, subject to such reasonable
regulations as he may prescribe. Subject to the provisions of the
original lease or permit, nothing in this Act or subsection shall
necessarily preclude the appropriate Secretary from transferring
such a lease or permit to another person at the election or death
of the original permittee or leasee.

(Pub. L. 96-487, title XIII, Sec. 1303, Dec. 2, 1980, 94 Stat.
2476.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(1), (2), (b), and (d), is
Pub. L. 96-487, Dec. 2, 1980, 94 stat. 2371, as amended, known as
the Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.

16 USC Sec. 3194

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3194. Archeological and paleontological sites

Notwithstanding any acreage or boundary limitations contained in
this Act with respect to the Cape Krusenstern National Monument,
the Bering Land Bridge National Preserve, the Yukon-Charley Rivers
National Preserve, and the Kobuk Valley National Park, the
Secretary may designate Federal lands or he may acquire by purchase
with the consent of the owner, donation, or exchange any
significant archeological or paleontological site in Alaska located
outside of the boundaries of such areas and containing resources
which are closely associated with any such area. If any such site
is so designated or acquired, it shall be included in and managed
as part of such area. Not more than seven thousand five hundred
acres of land may be designated or acquired under this section for
inclusion in any single area. Before designation or acquisition of
any property in excess of one hundred acres under the provisions of
this section, the Secretary shall (1) submit notice of such proposed designation or acquisition
to the appropriate committees of the Congress; and
(2) publish notice of such proposed designation or acquisition
in the Federal Register.

(Pub. L. 96-487, title XIII, Sec. 1304, Dec. 2, 1980, 94 Stat.
2478.)

REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1), is Pub. L.
96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.

16 USC Sec. 3195

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3195. Cooperative information and education centers

The Secretary is authorized in consultation with other Federal
agencies, to investigate and plan for an information and education
center for visitors to Alaska on not to exceed one thousand acres
of Federal land at a site adjacent to the Alaska Highway, and to
investigate and plan for similar centers in Anchorage and
Fairbanks, Alaska. For the purposes of this investigation, the
Secretary shall seek participation in the program planning and/or
operation of such centers from appropriate agencies of the State of
Alaska, and he is authorized to accept contributions of funds,
personnel, and planning and program assistance from such State
agencies, other Federal agencies, and Native representatives. The
Secretary of Agriculture is authorized to investigate and plan for,
in a similar manner, an information and education center for
visitors to Alaska in either Juneau, Ketchikan, or Sitka, Alaska.
No information center shall be developed pursuant to investigations
and plans conducted under authority of this section unless and
until such development is specifically authorized by Congress.

(Pub. L. 96-487, title XIII, Sec. 1305, Dec. 2, 1980, 94 Stat.
2478.)

AUTHORIZATION OF APPROPRIATIONS; PURPOSES OF CENTER; OPERATION
OF
CENTER; DEVELOPMENT PLANS
Pub. L. 99-664, Sec. 11, Nov. 17, 1986, 100 Stat. 4308, provided
that:
''(a) Authorization. - There is hereby authorized to be
appropriated $250,000 to be used by the Secretary of Agriculture to
conduct surveys, develop designs, and carry out other preliminary
work related to the establishment of an Information and Education
Center provided for in section 1305 of Public Law 96-487 (16 U.S.C.
3195).
''(b) Purposes. - The purposes of the Center authorized by
subsection (a) shall be ''(1) to collect and disseminate to visitors to and residents
of Alaska information about the natural, recreational, cultural,
historical, archeological, multiple use, and other resources and
values of Alaska, with special emphasis on the Tongass National
Forest and Southeast Alaska and its people;
''(2) to publicly display temporary and permanent exhibits

illustrating and interpreting these resources and values;
''(3) to foster educational programs relating to the heritage
resources of Alaska including those pertaining to Alaska Native
peoples with particular emphasis on the Haida, Tshimshian, and
Tglingit peoples of Southeast Alaska.
''(c) Design. - Design of the center in subsection (a) shall be
developed in consultation with other appropriate Federal agencies,
the Alaska Division of Tourism and other appropriate agencies of
the State of Alaska, the local government of the city in which such
center is to be located, and southeast Alaska Native organizations.
''(d) Consultation. - In establishing, operating, and maintaining
the center (and any affiliated branches), the Secretary of
Agriculture shall consult with, in addition to those listed in
subsection (c), Alaska colleges and universities, the National
Historic Association of Alaska, the Alaska Federation of Natives,
and appropriate individuals and other organizations concerned with
the diverse heritage resources of Alaska.
''(e) Cooperative Agreements. - The Secretary of Agriculture is
authorized to enter into cooperative agreements with those
individuals and organizations listed in subsections (c) and (d) to
facilitate carrying out the purposes of the Center.
''(f) Development Plan. - Within one year after the date of
enactment of this Act (Nov. 17, 1986), and after consultation with
the individuals and organizations listed in subsections (c) and
(d), the Secretary of Agriculture shall submit to Congress a
development plan for the Center along with an estimate of the
cost.''

16 USC Sec. 3196

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3196. Administrative sites and visitor facilities

(a) Establishment
In conformity with the conservation and management plans prepared
for each unit and the purposes of assuring the preservation,
protection, and proper management of any conservation system unit,
the Secretary may establish sites and visitor facilities (1) within the unit, if compatible with the purposes for which

the unit is established, expanded, or designated by this Act, and
the other provisions of this Act, or
(2) outside the boundaries of, and in the vicinity of, the
unit.
To the extent practicable and desirable, the Secretary shall
attempt to locate such sites and facilities on Native lands in the
vicinity of the unit.
(b) Authorities of Secretary
For the purpose of establishing administrative sites and visitor
facilities under subsection (a) of this section (1) the Secretary and the head of the Federal agency having
primary authority over the administration of any Federal land
which the Secretary determines is suitable for use in carrying
out such purpose may enter into agreements permitting the
Secretary to use such land for such purposes;
(2) notwithstanding any other provision of law, the Secretary,
under such terms and conditions as he determines are reasonable,
may lease or acquire by purchase, donation, exchange, or any
other method (except condemnation) real property (other than
Federal land), office space, housing, and other necessary
facilities which the Secretary determines to be suitable for
carrying out such purposes; and
(3) the Secretary may construct, operate, and maintain such
permanent and temporary buildings and facilities as he deems
appropriate on land which is within, or in the vicinity of, any
conservation system unit and with respect to which the Secretary
has acquired authority under this subsection to use the property
for the purpose of establishing an administrative site or visitor
facility under subsection (a) of this section, except that the
Secretary may not begin construction of buildings and facilities
on land not owned by the United States until the owner of such
land has entered into an agreement with the Secretary, the terms
of which assure the continued use of such buildings and
facilities in furtherance of the purposes of this Act.

(Pub. L. 96-487, title XIII, Sec. 1306, Dec. 2, 1980, 94 Stat.
2479.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(1) and (b)(3), is Pub. L.
96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.

16 USC Sec. 3197

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3197. Revenue-producing visitor services

(a) Continuation of existing visitor services
Notwithstanding any other provision of law, the Secretary, under
such terms and conditions as he determines are reasonable, shall
permit any persons who, on or before January 1, 1979, were engaged
in adequately providing any type of visitor service within any area
established as or added to a conservation system unit to continue
providing such type of service and similar types of visitor
services within such area if such service or services are
consistent with the purposes for which such unit is established or
expanded.
(b) Preference
Notwithstanding provisions of law other than those contained in
subsection (a), of this section, in selecting persons to provide
(and in contracting for the provision of) any type of visitor
service for any conservation system unit, except sport fishing and
hunting guiding activities, the Secretary (1) shall give preference to the Native Corporation which the
Secretary determines is most directly affected by the
establishment or expansion of such unit by or under the
provisions of this Act;
(2) shall give preference to persons whom he determines, by
rule, are local residents; and
(3) shall, consistent with the provisions of this section,
offer to Cook Inlet Region, Incorporated, in cooperation with
Village Corporations within the Cook Inlet Region when
appropriate, the right of first refusal to provide new revenue
producing visitor services within the Kenai National Moose Range
or that portion of the Lake Clark National Park and Preserve
within the boundaries of the Cook Inlet Region that right to
remain open for a period of ninety days as agreed to in paragraph
VIII of the document referred to in section 12 of the Act of
January 2, 1976 (Public Law 94-204).
(c) ''Visitor service'' defined

As used in this section, the term ''visitor service'' means any
service made available for a fee or charge to persons who visit a
conservation system unit, including such services as providing
food, accommodations, transportation, tours, and guides excepting
the guiding of sport hunting and fishing. Nothing in this Act
shall limit or affect the authority of the Federal Government or
the State of Alaska to license and regulate transportation
services.

(Pub. L. 96-487, title XIII, Sec. 1307, Dec. 2, 1980, 94 Stat.
2479.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (b)(1) and (c), is Pub. L.
96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.
Section 12 of the Act of January 2, 1976 (Public Law 94-204),
referred to in subsec. (b)(3), is section 12 of Pub. L. 94-204,
Jan. 2, 1976, 89 Stat. 1150, which is set out as a note under
section 1611 of Title 43, Public Lands.

16 USC Sec. 3198

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3198. Local hire

(a) Program
After consultation with the Office of Personnel Management, the
Secretary shall establish a program under which any individual who,
by reason of having lived or worked in or near public lands, has
special knowledge or expertise concerning the natural or cultural
resources of public lands and the management thereof (as determined
by the Secretary) shall be considered for selection for any
position within public lands without regard to (1) any provision of the civil service laws or regulations

thereunder which require minimum periods of formal training or
experience,
(2) any such provision which provides an employment preference
to any other class of applicant is such selection, and
(3) any numerical limitation on personnel otherwise applicable.
Individuals appointed under this subsection shall not be taken into
account in applying any personnel limitation described in paragraph
(3).
(b) Preference eligibles within local hire
Notwithstanding the provisions of subsection (a) of this section,
any individual who is eligible to be selected for a position under
the provisions of subsection (a) of this section and is a
preference eligible as defined in section 2108(3) of title 5 shall
be given an employment preference, consistent with the preference
in the competitive service as defined in section 2102 of such title
for which such person is eligible under subchapter I of chapter 33
of such title, in selection to such position.
(c) Reports
The Secretary shall from time to time prepare and submit to the
Congress reports indicating the actions taken in carrying out the
provisions of subsection (a) of this section together with any
recommendations for legislation in furtherance of the purposes of
this section.

(Pub. L. 96-487, title XIII, Sec. 1308, Dec. 2, 1980, 94 Stat.
2480; Pub. L. 100-689, title IV, Sec. 401, Nov. 18, 1988, 102 Stat.
4177; Pub. L. 102-415, Sec. 16, Oct. 14, 1992, 106 Stat. 2124.)

REFERENCES IN TEXT
The civil service laws, referred to in subsec. (a)(1), are set
forth in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.

AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-415 substituted ''public lands''
for ''a conservation system unit'' and substituted ''public lands''
for ''such unit'' in two places.
1988 - Subsecs. (b), (c). Pub. L. 100-689 added subsec. (b) and
redesignated former subsec. (b) as (c).

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 10 section 1599c.

16 USC Sec. 3199

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3199. Navigation aids and other facilities

(a) Existing facilities
Within conservation system units established or expanded by this
Act, reasonable access to, and operation and maintenance of,
existing air and water navigation aids, communications sites and
related facilities and existing facilities for weather, climate,
and fisheries research and monitoring shall be permitted in
accordance with the laws and regulations applicable to units of
such systems, as appropriate. Reasonable access to and operation
and maintenance of facilities for national defense purposes and
related air and water navigation aids within or adjacent to such
areas shall continue in accordance with the laws and regulations
governing such facilities notwithstanding any other provision of
this Act. Nothing in the Wilderness Act (16 U.S.C. 1131 et seq.)
shall be deemed to prohibit such access, operation and maintenance
within wilderness areas designated by this Act.
(b) New facilities
The establishment, operation, and maintenance within any
conservation system unit of new air and water navigation aids and
related facilities, facilities for national defense purposes, and
related air and water navigation aids, and facilities for weather,
climate, and fisheries research and monitoring shall be permitted
but only (1) after consultation with the Secretary or the Secretary
of Agriculture, as appropriate, by the head of the Federal
department or agency undertaking such establishment, operation, or
maintenance, and (2) in accordance with such terms and conditions
as may be mutually agreed in order to minimize the adverse effects
of such activities within such unit.

(Pub. L. 96-487, title XIII, Sec. 1310, Dec. 2, 1980, 94 Stat.
2481.)

REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.
The Wilderness Act, referred to in subsec. (a), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.

16 USC Sec. 3200

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3200. Denali Scenic Highway study

(a) Withdrawal
Subject to valid existing rights, all public lands within an
area, the centerline of which is the centerline of the Parks
Highway from the entrance to Denali National Park to the Talkeetna
junction which is one hundred and thirty-six miles south of
Cantwell, the Denali Highway between Cantwell and Paxson, the
Richardson Highway and Edgerton Highway between Paxson and Chitina,
and the existing road between Chitina and McCarthy (as those
highways and road are depicted on the official maps of the
department of transportation of the State of Alaska) and the
boundaries of which are parallel to the centerline and one mile
distant therefrom on either side, are hereby withdrawn from all
forms of entry or appropriation under the mining laws and from
operation of the mineral leasing laws of the United States. Nothing
in this section shall be construed to preclude minor road
realignment, minor road improvement, or the extraction of gravel
for such purposes from lands withdrawn or affected by the study
mandated herein.
(b) Study
During the three-year period beginning on December 2, 1980, the
Secretary shall study the desirability of establishing a Denali

Scenic Highway to consist of all or part of the lands described in
subsection (a) of this section. In conducting the studies, the
Secretary, through a study team which includes representatives of
the Secretary of Transportation, the National Park Service, the
Bureau of Land Management, the State, and of each Regional
Corporation within whose area of operation the lands described in
subsection (a) of this section are located, shall consider the
scenic and recreational values of the lands withdrawn under this
section, the importance of providing protection to those values,
the desirability of providing a symbolic and actual physical
connection between the national parks in south central Alaska, and
the desirability of enhancing the experience of persons traveling
between those parks by motor vehicles. Members of the study team
who are not Federal employees shall receive from the Secretary per
diem (in lieu of expenses) and travel allowances at the rates
provided for employees of the Bureau of Indian Affairs in Alaska in
grade GS-15.
(c) Cooperation notice: hearings
In conducting the studies required by this section, the Secretary
shall cooperate with the State and shall consult with each Village
Corporation 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 subsection (a)
of this section concerning the desirability of establishing 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 circulation in the area or areas of the
lands described in subsection (a) of this section, 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 results 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 establish the scenic highway, the lands
described in subsection (a) of this section which should be
included therein. Such report shall include the views and
recommendations 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,
(FOOTNOTE 1) together with maps thereof, a definition of boundaries
thereof, an estimate of costs, recommendations on administration,
and proposed legislation to create such a scenic highway, if

creation of one is recommended.
(FOOTNOTE 1) So in original. Probably should be ''highway,''.
(e) Period of withdrawal
The lands withdrawn under subsection (a) of this section shall
remain withdrawn until such time as the Congress acts on the
President's recommendation, but not to exceed two years after the
recommendation is transmitted to the Congress.

(Pub. L. 96-487, title XIII, Sec. 1311, Dec. 2, 1980, 94 Stat.
2481.)

REFERENCES IN TEXT
The mining laws, referred to in subsec. (a), are classified
generally to Title 30, Mineral Lands and Mining.
The mineral leasing laws of the United States referred to in
subsec. (a), have been defined in sections 351, 505, 530, and 541e
of Title 30, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741;
Feb. 25, 1920, ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44
Stat. 301; and Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct.
20, 1914, was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73
Stat. 490. The act of Feb. 25, 1920, is known as the Mineral
Leasing Act and is classified generally to chapter 3A (Sec. 181 et
seq.) of Title 30. The act of Apr. 17, 1926, is classified
generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of
Title 30. The act of Feb. 7, 1927, is classified principally to
subchapter IX (Sec. 281 et seq.) of chapter 3A of Title 30. For
complete classification of these Acts to the Code, see Tables.
GS-15, referred to in subsec. (b), is contained in the General
Schedule, which is set out under section 5332 of Title 5,
Government Organization and Employees.

16 USC Sec. 3201

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3201. Administration of national preserves

A National Preserve in Alaska shall be administered and managed

as a unit of the National Park System in the same manner as a
national park except as otherwise provided in this Act and except
that the taking of fish and wildlife for sport purposes and
subsistence uses, and trapping shall be allowed in a national
preserve under applicable State and Federal law and regulation.
Consistent with the provisions of section 3126 of this title,
within national preserves the Secretary may designate zones where
and periods when no hunting, fishing, trapping, or entry may be
permitted for reasons of public safety, administration, floral and
faunal protection, or public use and enjoyment. Except in
emergencies, any regulations prescribing such restrictions relating
to hunting, fishing, or trapping shall be put into effect only
after consultation with the appropriate State agency having
responsibility over hunting, fishing, and trapping activities.

(Pub. L. 96-487, title XIII, Sec. 1313, Dec. 2, 1980, 94 Stat.
2483.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410hh-2 of this title.

16 USC Sec. 3202

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 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.

(Pub. L. 96-487, title XIII, Sec. 1314, Dec. 2, 1980, 94 Stat.
2484.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.

16 USC Sec. 3203

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3203. Wilderness management

(a) Application only to Alaska
The provisions of this section are enacted in recognition of the
unique conditions in Alaska. Nothing in this section shall be
construed to expand, diminish, or modify the provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.) or the application or
interpretation of such provisions with respect to lands outside of
Alaska.
(b) Aquaculture
In accordance with the goal of restoring and maintaining fish
production in the State of Alaska to optimum sustained yield levels
and in a manner which adequately assures protection, preservation,
enhancement, and rehabilitation of the wilderness resource, the
Secretary of Agriculture may permit fishery research, management,
enhancement, and rehabilitation activities within national forest
wilderness and national forest wilderness study areas designated by
this Act. Subject to reasonable regulations, permanent improvements
and facilities such as fishways, fish weirs, fish ladders, fish
hatcheries, spawning channels, stream clearance, egg planting, and
other accepted means of maintaining, enhancing, and rehabilitating
fish stocks may be permitted by the Secretary to achieve this
objective. Any fish hatchery, fishpass or other aquaculture
facility authorized for any such area shall be constructed,
managed, and operated in a manner that minimizes adverse impacts on
the wilderness character of the area. Developments for any such
activities shall involve those facilities essential to these
operations and shall be constructed in such rustic manner as to
blend into the natural character of the area. Reasonable access
solely for the purposes of this subsection, including temporary use
of motorized equipment, shall be permitted in furtherance of
research, management, rehabilitation and enhancement activities
subject to reasonable regulations as the Secretary deems desirable
to maintain the wilderness character, water quality, and fish and
wildlife values of the area.
(c) Existing cabins
Previously existing public use cabins within wilderness
designated by this Act, may be permitted to continue and may be
maintained or replaced subject of such restrictions as the
Secretary deems necessary to preserve the wilderness character of
the area.
(d) New cabins
Within wilderness areas designated by this Act, the Secretary or
the Secretary of Agriculture as appropriate, is authorized to
construct and maintain a limited number of new public use cabins

and shelters if such cabins and shelters are necessary for the
protection of the public health and safety. All such cabins or
shelters shall be constructed of materials which blend and are
compatible with the immediate and surrounding wilderness
landscape. The Secretary or the Secretary of Agriculture, as
appropriate, shall notify the House Committee on Natural Resources
and the Senate Committee on Energy and Natural Resources of his
intention to remove an existing or construct a new public use cabin
or shelter.
(e) Timber contracts
The Secretary of Agriculture is hereby directed to modify any
existing national forest timber sale contracts applying to lands
designated by this Act as wilderness by substituting, to the extent
practicable, timber on the other national forest lands
approximately equal in volume, species, grade, and accessibility
for timber or relevant lands within such units.
(f) Beach log salvage
With National Forest wilderness and national forest monuments
desginated (FOOTNOTE 1) by this Act, the Secretary of Agriculture
may permit or otherwise regulate the recovery and salvage of logs
from coastlines.
(FOOTNOTE 1) So in original. Probably should be ''designated''.

(Pub. L. 96-487, title XIII, Sec. 1315, Dec. 2, 1980, 94 Stat.
2484; Pub. L. 103-437, Sec. 6(d)(31), Nov. 2, 1994, 108 Stat.
4584.)

REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.
This Act, referred to in subsecs. (b) to (f), is Pub. L. 96-487,
Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.

AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-437 substituted ''Natural
Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

16 USC Sec. 3204

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3204. Allowed uses

(a) Establishment and use of new facilities
On all public lands where the taking of fish and wildlife is
permitted in accordance with the provisions of this Act or other
applicable State and Federal law the Secretary shall permit,
subject to reasonable regulation to insure compatibility, the
continuance of existing uses, and the future establishment, and
use, of temporary campsites, tent platforms, shelters, and other
temporary facilities and equipment directly and necessarily related
to such activities. Such facilities and equipment shall be
constructed, used, and maintained in a manner consistent with the
protection of the area in which they are located. All new
facilities shall be constructed of materials which blend with, and
are compatible with, the immediately surrounding landscape. Upon
termination of such activities and uses (but not upon regular or
seasonal cessation), such structures or facilities shall, upon
written request, be removed from the area by the permittee.
(b) Denial of proposed use or establishment
Notwithstanding the foregoing provisions, the Secretary may
determine, after adequate notice, that the establishment and use of
such new facilities or equipment would constitute a significant
expansion of existing facilities or uses which would be detrimental
to the purposes for which the affected conservation system unit was
established, including the wilderness character of any wilderness
area within such unit, and may thereupon deny such proposed use or
establishment.

(Pub. L. 96-487, title XIII, Sec. 1316, Dec. 2, 1980, 94 Stat.
2485.)

REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

16 USC Sec. 3205

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3205. General wilderness review

(a) Suitability of lands for preservation; report to President
Within five years from December 2, 1980, the Secretary shall, in
accordance with the provisions of section 1132(d) of this title
relating to public notice, public hearings, and review by State and
other agencies, review, as to their suitability or nonsuitability
for preservation as wilderness, all lands within units of the
National Park System and units of the National Wildlife Refuge
System in Alaska not designated as wilderness by this Act and
report his findings to the President.
(b) Presidential recommendations to Congress
The Secretary shall conduct his review, and the President shall
advise the United States Senate and House of Representatives of his
recommendations, in accordance with the provisions of sections
(FOOTNOTE 1) 1132(c) and (d) of this title. The President shall
advise the Congress of his recommendations with respect to such
areas within seven years from December 2, 1980.
(FOOTNOTE 1) So in original. Probably should be ''section''.
(c) Administration of units unaffected pending Congressional action
Nothing in this section shall be construed as affecting the
administration of any unit of the National Park System or unit of
National Wildlife Refuge System in accordance with this Act or

other applicable provisions of law unless and until Congress
provides otherwise by taking action on any Presidential
recommendation made pursuant to subsection (b) of this section.

(Pub. L. 96-487, title XIII, Sec. 1317, Dec. 2, 1980, 94 Stat.
2485.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (c), is Pub. L. 96-487,
Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska
National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.

16 USC Sec. 3206

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3206. Statewide cultural assistance program

In furtherance of the national policy set forth in section 461 of
this title, and in furtherance of the need to protect and interpret
for the public benefit cultural and archeological resources and
objects of national significance relating to prehistoric and
historic human use and occupation of lands and waters in Alaska,
the Secretary may, upon the application of a Native Corporation or
Native Group, provide advice, assistance, and technical expertise
to the applicant in the preservation, display, and interpretation
of cultural resources, without regard as to whether title to such
resources is in the United States. Such assistance may include
making available personnel to assist in the planning, design, and
operation of buildings, facilities, and interpretive displays for
the public and personnel to train individuals in the
identification, recovery, preservation, demonstration, and
management of cultural resources.

(Pub. L. 96-487, title XIII, Sec. 1318, Dec. 2, 1980, 94 Stat.

2486.)

16 USC Sec. 3207

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3207. Effect on existing rights; water resources

Nothing in this Act shall be construed as limiting or restricting
the power and authority of the United States or (1) as affecting in any way any law governing appropriation or
use of, or Federal right to, water on lands within the State of
Alaska;
(2) as expanding or diminishing Federal or State jurisdiction,
responsibility, interests, or rights in water resources
development or control, or
(3) as superseding, modifying, or repealing, except as
specifically set forth in this Act, existing laws applicable to
the various Federal agencies which are authorized to develop or
participate in the development of water resources or to exercise
licensing or regulatory functions in relation thereto.

(Pub. L. 96-487, title XIII, Sec. 1319, Dec. 2, 1980, 94 Stat.
2486.)

REFERENCES IN TEXT
This Act, referred to in provision preceding par. (1) and par.
(3), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended,
known as the Alaska National Interest Lands Conservation Act. For
complete classification of this Act to the Code, see Short Title
note set out under section 3101 of this title and Tables.

16 USC Sec. 3208

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3208. Authorization of appropriations; contract authority

(a) (FOOTNOTE 1) There are hereby authorized to be appropriated
such sums as many be necessary to carry out the provisions of this
Act for fiscal years beginning after the fiscal year 1980. No
authority to enter into contracts or to make payments or to expend
previously appropriated funds under this Act shall be effective
except to the extent or in such amounts as are provided in advance
in appropriation Acts.
(FOOTNOTE 1) So in original. No subsec. (b) has been enacted.

(Pub. L. 96-487, title XIII, Sec. 1321, Dec. 2, 1980, 94 Stat.
2487.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.

16 USC Sec. 3209

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3209. Effect on prior withdrawals

(a) Rescission of prior reservations and withdrawals; management by
Secretary and Secretary of Agriculture of lands outside
boundaries established by this Act
The withdrawals and reservations of the public lands made by
Public Land Orders No. 5653 of November 16, 1978, 5654 of November
17, 1978, Public Land Orders numbered 5696 through 5711 inclusive
of February 12, 1980, Federal Register Documents No. 34051, of

December 5, 1978 and No. 79-17803 of June 8, 1979 and Proclamations
No. 4611 through 4627, inclusive, of December 1, 1978, were
promulgated to protect these lands from selection, appropriation,
or disposition prior to December 2, 1980. As to all lands not
within the boundaries established by this Act of any conservation
system unit, national conservation area, national recreation area,
or national forest addition, the aforesaid withdrawals and
reservations are hereby rescinded on the effective date of this
Act, and such lands shall be managed by the Secretary pursuant to
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.), or in the case of lands within a national forest, by the
Secretary of Agriculture pursuant to the laws applicable to the
national forests, unless otherwise specified by this Act. As to the
Federal lands which are within the aforesaid boundaries, the
aforesaid withdrawals and reservations are, on the effective date
of this Act, hereby rescinded and superseded by the withdrawals and
reservations made by this Act. Notwithstanding any provision to the
contrary contained in any other law, the Federal lands within the
aforesaid boundaries established by this Act shall not be deemed
available for selection, appropriation, or disposition except as
expressly provided by this Act.
(b) Effective date
This section shall become effective upon the relinquishment by
the State of Alaska of selections made on November 14, 1978,
pursuant to the Alaska Statehood Act which are located within the
boundaries of conservation system units, national conservation
areas, national recreation areas, and forest additions,
established, designated, or expanded by this Act.

(Pub. L. 96-487, title XIII, Sec. 1322, Dec. 2, 1980, 94 Stat.
2487.)

REFERENCES IN TEXT
Proclamations No. 4611 through 4627, inclusive, of December 1,
1978, referred to in subsec. (a), are Procs. No. 4611 through 4627,
Dec. 1, 1978, 93 Stat. 1446-1473, which are set out as notes under
section 431 of this title.
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.
The effective date of this Act, referred in to subsec. (a),
probably means the date of enactment of Pub. L. 96-487, which was

approved Dec. 2, 1980.
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (a), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) 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.
The Alaska Statehood Act, referred to in subsec. (b), is Pub. L.
85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as
a note preceding section 21 of Title 48, Territories and Insular
Possessions. For complete classification of this Act to the Code,
see Tables.

16 USC Sec. 3210

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3210. Access by owner to nonfederally owned land

(a) Reasonable use and enjoyment of land within boundaries of
National Forest System
Notwithstanding any other provision of law, and subject to such
terms and conditions as the Secretary of Agriculture may prescribe,
the Secretary shall provide such access to nonfederally owned land
within the boundaries of the National Forest System as the
Secretary deems adequate to secure to the owner the reasonable use
and enjoyment thereof: Provided, That such owner comply with rules
and regulations applicable to ingress and egress to or from the
National Forest System.
(b) Reasonable use and enjoyment of land surrounded by public lands
managed by Secretary
Notwithstanding any other provision of law, and subject to such
terms and conditions as the Secretary of the Interior may
prescribe, the Secretary shall provide such access to nonfederally
owned land surrounded by public lands managed by the Secretary
under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701-82) as the Secretary deems adequate to secure to the owner the
reasonable use and enjoyment thereof: Provided, That such owner
comply with rules and regulations applicable to access across
public lands.

(Pub. L. 96-487, title XIII, Sec. 1323, Dec. 2, 1980, 94 Stat.
2488.)

REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) 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.

16 USC Sec. 3211

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3211. Yukon Flats National Wildlife Refuge agricultural use

Nothing in this Act or other existing law shall be construed as
necessarily prohibiting or mandating the development of
agricultural potential within the Yukon Flats National Wildlife
Refuge pursuant to existing law. The permissibility of such
development shall be determined by the Secretary on a case-by-case
basis under existing law. Any such development permitted within
the Yukon Flats National Wildlife Refuge shall be designed and
conducted in such a manner as to minimize to the maximum extent
possible any adverse effects of the natural values of the unit.

(Pub. L. 96-487, title XIII, Sec. 1324, Dec. 2, 1980, 94 Stat.
2488.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this

title and Tables.

16 USC Sec. 3212

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3212. Terror Lake Hydroelectric Project in Kodiak National
Wildlife Refuge

Nothing in this Act or the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd) shall be construed as
necessarily prohibiting or mandating the construction of the Terror
Lake Hydroelectric Project within the Kodiak National Wildlife
Refuge. The permissibility of such development shall be determined
by the Secretary on a case-by-case basis under existing law.

(Pub. L. 96-487, title XIII, Sec. 1325, Dec. 2, 1980, 94 Stat.
2488.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.
The National Wildlife Refuge System Administration Act of 1966,
referred to in text, consists of sections 4 and 5 of Pub. L.
89-699, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified
to sections 668dd, 668ee of this title. For further details, see
Short Title note set out under section 668dd of this title.

16 USC Sec. 3213

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3213. Future executive branch actions

(a) No future executive branch action which withdraws more than
five thousand acres, in the aggregate, of public lands within the
State of Alaska shall be effective except by compliance with this
subsection. To the extent authorized by existing law, the
President or the Secretary may withdraw public lands in the State
of Alaska exceeding five thousand acres in the aggregate, which
withdrawal shall not become effective until notice is provided in
the Federal Register and to both Houses of Congress. Such
withdrawal shall terminate unless Congress passes a joint
resolution of approval within one year after the notice of such
withdrawal has been submitted to Congress.
(b) No further studies of Federal lands in the State of Alaska
for the single purpose of considering the establishment of a
conservation system unit, national recreation area, national
conservation area, or for related or similar purposes shall be
conducted unless authorized by this Act or further Act of Congress.

(Pub. L. 96-487, title XIII, Sec. 1326, Dec. 2, 1980, 94 Stat.
2488.)

REFERENCES IN TEXT
This Act, referred to in subsec. (b), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.

16 USC Sec. 3214

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Sec. 3214. Alaska gas pipeline

Nothing in this Act shall be construed as imposing any additional
requirements in connection with the construction and operation of
the transportation system designated by the President and approved
by the Congress pursuant to the Alaska Natural Gas Transportation
Act of 1976 (Public Law 94-586; 90 Stat. 2903) (15 U.S.C. 719 et
seq.), or as imposing any limitations upon the authority of the
Secretary concerning such system.

(Pub. L. 96-487, title XIII, Sec. 1327, Dec. 2, 1980, 94 Stat.
2489.)

REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,
94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to
the Code, see Short Title note set out under section 3101 of this
title and Tables.
The Alaska Natural Gas Transportation Act of 1976 (Public Law
94-586; 90 Stat. 2903), referred to in text, is Pub. L. 94-586,
Oct. 22, 1976, 90 Stat. 2903, as amended, which is classified
generally to chapter 15C (Sec. 719 et seq.) of Title 15, Commerce
and Trade. For complete classification of this Act to the Code, see
Short Title note set out under section 719 of Title 15 and Tables.

16 USC Sec. 3215

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
Sec. 3215. Public land entries in Alaska

(a) Application approval; adjudication; protests; voluntary
relinquishment of application
(1) Subject to valid existing rights, all applications made
pursuant to the Acts of June 1, 1938 (52 Stat. 609), (FOOTNOTE 1)
May 3, 1927 (44 Stat. 1364), (FOOTNOTE 1) May 14, 1898 (30 Stat.
413), (FOOTNOTE 1) and March 3, 1891 (26 Stat. 1097), which were
filed with the Department of the Interior within the time provided
by applicable law, and which describe land in Alaska that was

available for entry under the aforementioned statutes when such
entry occurred, are hereby approved on the one hundred and
eightieth day following the effective date of this Act, except
where provided otherwise by paragraph (3) or (4) of this
subsection, or where the land description of the entry must be
adjusted pursuant to subsection (b) of this section, in which cases
approval pursuant to the terms of this subsection shall be
effective at the time the adjustment becomes final.
(FOOTNOTE 1) See References in Text note below.
(2) Where an application describes land within the boundaries of
a unit of the National Park System or a unit of the National
Wildlife Refuge System, or a unit of the National Wilderness
Preservation System in the Tongass or Chugach National Forests
established before the effective date of this Act or by this Act,
and the described land was not withdrawn pursuant to section
11(a)(1) of the Alaska Native Claims Settlement Act (43 U.S.C.
1610(A)(1)), or where an application describes land which has been
patented or deeded to the State of Alaska or which on or before the
date of entry was validly selected by, tentatively approved,
patented, deeded or confirmed to the State of Alaska pursuant to
applicable law and was not withdrawn pursuant to section
11(a)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C.
1610(a)(1)(A)) from those lands made available for selection by
section 11(a)(2) of the Act (43 U.S.C. 1610(a)(2)) by any Native
Village certified as eligible pursuant to section 11(b) of such Act
(43 U.S.C. 1610(b)), paragraph (1) of this subsection and
subsection (c) of this section shall not apply and the application
shall be adjudicated pursuant to the requirements of the Acts
referred to in paragraph (1) of this subsection, the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), and other
applicable law.
(3) Paragraph (1) of this subsection and subsection (c) of this
section shall not apply and the application shall be adjudicated
pursuant to the requirements of the Acts referred to in paragraph
(1) of this subsection, if on or before the one hundred and
eightieth day following the effective date of the (FOOTNOTE 2) Act
(FOOTNOTE 2) So in original. Probably should be ''this''.
(A) a Native Corporation files a protest with the Secretary of
the Interior (the Secretary) stating that the applicant is not
entitled to the land described in the application, and said land
is withdrawn for selection by the corporation pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or
(B) the State of Alaska files a protest with the Secretary
stating that the land described in the application is necessary
for access to lands owned by the United States, the State of

Alaska, or a political subdivision of the State of Alaska, to
resources located thereon, or to a public body of water regularly
employed for transportation purposes, and the protest states with
specificity the facts upon which the conclusions concerning
access are based and that no reasonable alternatives for access
exist; or
(C) a person or entity files a protest with the Secretary
stating that the applicant is not entitled to the land described
in the application and that said land is the situs of
improvements claimed by the person or entity; or
(D) the State of Alaska files a protest with the Secretary
respecting an entry which was made prior to a valid selection
tentative approval, patent, deed, or confirmation to the State of
Alaska pursuant to applicable law; or
(E) regarding public land entries within units of the National
Wildlife Refuge System established or expanded in this Act, any
such entry not properly made under applicable law, or not the
subject of an application filed within the time required by
applicable law, or not properly maintained thereafter under
applicable law shall be adjudicated pursuant to the Act under
which the entry was made.
(4) Paragraph (1) of this subsection and subsection (c) of this
section shall not apply to any application which was knowingly and
voluntarily relinquished by the applicant.
(b) Amendment of land description in application
An applicant may amend the land description contained in his or
her application if said description designates land other than that
which the applicant intended to claim at the time of application
and if the description as amended describes the land originally
intended to be claimed. If the application is amended, this
section shall operate to approve the application or to require its
adjudication, as the case may be, with reference to the amended
land description only: Provided, That the Secretary shall notify
the State of Alaska and all interested parties, as shown by the
records of the Department of the Interior of the intended
correction of the entry's location, and any such party shall have
until the one hundred and eightieth day following the effective
date of this Act or sixty days following mailing of the notice,
whichever is later, to file with the Department of the Interior a
protest as provided in subsection (a)(3) of this section, which
protest, if timely, shall be deemed filed within one hundred and
eighty days of the effective date of this Act notwithstanding the
actual date of filing: Provided further, That the Secretary may
require that all applications designating land in a specific area
be amended, if at all, prior to a date certain which date shall be
calculated to allow for orderly adoption of a plan or survey for

the specified area, and the Secretary shall mail notification of
the final date for amendment to each affected applicant, and shall
provide such other notice as the Secretary deems appropriate, at
least sixty days prior to said date: Provided further, That no
application may be amended for location following adoption of a
final plan of survey which includes the location of the entry as
described in the application or its location as desired by
amendment.
(c) Powersites and power-projects
Where the land described in application (or such an application
as adjusted or amended pursuant to subsection (b) or (c) of this
section), was on that date withdrawn, reserved, or classified for
powersite or power-project purposes, notwithstanding such
withdrawal, reservation, or classification the described land shall
be deemed vacant, unappropriated, and unreserved within the meaning
of the Acts referred to in subsection (a)(1) of this section, and,
as such, shall be subject to adjudication or approval pursuant to
the terms of this section: Provided, however, That if the described
land is included as part of a project licensed under part I of the
Federal Power Act of June 10, 1920 (41 Stat. 24), as amended (16
U.S.C. 791a et seq.), or is presently utilized for purposes of
generating or transmitting electrical power or for any other
project authorized by Act of Congress, the foregoing provision
shall not apply and the application shall be adjudicated pursuant
to the appropriate Act: Provided further, That where the applicant
commenced occupancy of the land after its withdrawal or
classification for powersite purposes, the entry shall be made
subject to the right of reentry provided the United States by
section 24 of the Federal Power Act, as amended (16 U.S.C. 818):
Provided further, That any right of reentry reserved in a patent
pursuant to this section shall expire twenty years after the
effective date of this Act if at that time the land involved is not
subject to a license or an application for a license under part I
of the Federal Power Act, as amended, or actually utilized or being
developed for a purpose authorized by that Act, as amended (16
U.S.C. 791a et seq.) or other Act of Congress.
(d) Validity of existing rights; rights acquired by actual use and
national forest lands unaffected
Prior to issuing a patent for an entry subject to this section,
the Secretary shall identify and adjudicate any record entry or
application for title to land described in the application, other
than the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), the Alaska Statehood Act, or the Act of May 17, 1906, as
amended, which entry or application claims land also described in
the application, and shall determine whether such entry or
application represents a valid existing right to which the

application is subject. Nothing in this section shall be construed
to affect rights, if any, acquired by actual use of the described
land prior to its withdrawal or classification, as affecting
National Forest lands.

(Pub. L. 96-487, title XIII, Sec. 1328, Dec. 2, 1980, 94 Stat.
2489.)

REFERENCES IN TEXT
Act of June 1, 1938 (52 Stat. 609), referred to in subsec.
(a)(1), is act June 1, 1938, ch. 317, 52 Stat. 609, which was
classified to sections 682a to 682e of Title 43, Public Lands, was
repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90
Stat. 2787, 2789.
Act of May 3, 1927 (44 Stat. 1364), referred to in subsec.
(a)(1), probably means act Mar. 3, 1927, ch. 323, 44 Stat. 1364,
which was classified to section 687a of Title 43, and was repealed
by Pub. L. 94-579, title VII, Sec. 703(b), Oct. 21, 1976, 90 Stat.
2789, 2791.
Act of May 14, 1898, referred to in subsec. (a)(1), is act May
14, 1898, ch. 299, 30 Stat. 409, which is classified to sections
607a and 615a of this title, sections 270, 270-4, 687a, 687a-2,
687a-3, 687a-4, 687a-5, and 942-1 to 942-9 of Title 43, and section
392 of Title 48, Territories and Insular Possessions. Section 270
of Title 43 was repealed by Pub. L. 94-579, title VII, Sec. 703(a),
Oct. 21, 1976, 90 Stat. 2789. Section 270-4 of Title 43 was
repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90
Stat. 2787. Sections 687a and 687a-2 to 687a-5 of Title 43 were
repealed by Pub. L. 94-579, title VII, Sec. 703(a), 704(a), Oct.
21, 1976, 90 Stat. 2789, 2792. Section 392 of Title 48 was
eliminated from the Code as obsolete. For complete classification
of this Act to the Code, see Tables.
Act of March 3, 1891, referred to in subsec. (a)(1), is act Mar.
3, 1891, ch. 561, 26 Stat. 1095, which is classified to sections
161, 162, 165, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329,
663, 671, 687a-6, 718, 728, 732, 893, 946 to 949, 989, 1165, 1166,
1181, and 1197 of this title, sections 471, 607, 611, 611a, and 613
of Title 16, Conservation, section 495 of Title 25, Indians, and
sections 30, 36, 44, 45, 48; and 52 of Title 30, Mineral Lands and
Mining. For complete classification of this Act to the Code, see
Tables.
The effective date of this Act, referred to in subsecs. (a) to
(c), probably means the date of enactment of Pub. L. 96-487, which
was approved Dec. 2, 1980.

This Act, referred to in subsec. (a)(2) and (3)(E), is Pub. L.
96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.
The Alaska Native Claims Settlement Act, referred to in subsecs.
(a)(2), (3)(A) and (d), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat.
688, as amended, which is classified generally to chapter 33 (Sec.
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.
The Federal Power Act and that Act, referred to in subsec. (c),
is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is
classified generally to chapter 12 (Sec. 791a et seq.) of this
title. Part I of the Federal Power Act of June 10, 1920 as
amended, is classified generally to subchapter I (Sec. 791a et
seq.) of chapter 12 of this title. For complete classification of
this Act to the Code, see section 791a of this title and Tables.
The Alaska Statehood Act, referred to in subsec. (d), is Pub. L.
85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as
a note preceding section 21 of Title 48, Territories and Insular
Possessions. For complete classification of this Act to the Code,
see Tables.
Act of May 17, 1906, as amended, referred to in subsec. (d), is
act May 17, 1906, ch. 2469, 34 Stat. 197, as amended, which was
classified to sections 270-1 to 270-3 of Title 43, Public Lands,
prior to its repeal by Pub. L. 92-203, Sec. 18(a), Dec. 18, 1971,
85 Stat. 710. See section 1617 of Title 43.

SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY
RECOMMENDATION PROCESS

16 USC Sec. 3231

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION
PROCESS
Sec. 3231. Areas subject to national need recommendation process

The process contained in this subchapter shall apply to all
public lands within Alaska except for lands within units of the
National Park System and the Arctic National Wildlife Refuge.

(Pub. L. 96-487, title XV, Sec. 1501, Dec. 2, 1980, 94 Stat. 2549.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3232 of this title.

16 USC Sec. 3232

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION
PROCESS
Sec. 3232. Recommendations of President to Congress

(a) Recommendation
At any time after December 2, 1980, the President may transmit a
recommendation to the Congress that mineral exploration,
development, or extraction not permitted under this Act or other
applicable law shall be permitted in a specified area of the lands
referred to in section 3231 of this title. Notice of such
transmittal shall be published in the Federal Register. No
recommendation of the President under this section may be
transmitted to the Congress before ninety days after publication in
the Federal Register of notice of his intention to submit such
recommendation.
(b) Findings
A recommendation may be transmitted to the Congress under
subsection (a) of this section if the President finds that, based
on the information available to him (1) there is an urgent national need for the mineral activity;
and
(2) such national need outweighs the other public values of the
public lands involved and the potential adverse environmental
impacts which are likely to result from the activity.
(c) Report

Together with his recommendation, the President shall submit to
the Congress (1) a report setting forth in detail the relevant factual
background and the reasons for his findings and recommendation;
(2) a statement of the conditions and stipulations which would
govern the activity if approved by the Congress; and
(3) in any case in which an environmental impact statement is
required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a statement which complies with the
requirements of section 102(2)(C) of such Act (42 U.S.C.
4332(2)(C)). In the case of any recommendation for which an
environmental impact statement is not required under section
102(2)(C) of the National environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), the President may, if he deems it desirable,
include such a statement in his transmittal to the Congress.
(d) Approval
Any recommendation under this section shall take effect only upon
enactment of a joint resolution approving such recommendation
within the first period of one hundred and twenty calendar days of
continuous session of Congress beginning on the date after the date
of receipt by the Senate and House of Representatives of such
recommendation. Any recommendation of the President submitted to
Congress under subsection (a) of this section shall be considered
received by both Houses for purposes of this section on the first
day on which both are in session occurring after such
recommendation is submitted.
(e) One-hundred-and-twenty-day computation
For purposes of this section (1) continuity of session of Congress is broken only by an
adjournment sine die; and
(2) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of the one-hundred-and-twenty-day
calendar period.

(Pub. L. 96-487, title XV, Sec. 1502, Dec. 2, 1980, 94 Stat. 2549.)

REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of
this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.
The National Environmental Policy Act of 1969, referred to in

subsec. (c)(3), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.

16 USC Sec. 3233

01/26/98

TITLE 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION
PROCESS
Sec. 3233. Expedited Congressional review

(a) Rulemaking
This subsection is enacted by Congress (1) as an exercise of the rulemaking power of each House of
Congress, respectively, and as such it is deemed a part of the
rules of each House, respectively, but applicable only with
respect to the procedure to be followed in the House in the case
of resolutions described by subsection (b) of this section and it
supersedes other rules only to the extent that it is inconsistent
therewith; and
(2) with full recognition of the constitutional right of either
House to change the rules (so far as those relate to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of such House.
(b) Resolution
For purposes of this section, the term ''resolution'' means a
joint resolution, the resolving clause of which is as follows:
''That the House of Representatives and Senate approve the
recommendation of the President for in submitted to the Congress on
19 .'', the first blank space therein to be filled in with
appropriate activity, the second blank space therein to be filled
in with the name or description of the area of land affected by the
activity, and the third blank space therein to be filled with the
date on which the President submits his recommendation to the House
of Representatives and the Senate. Such resolution may also include
material relating to the application and effect of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the
recommendation.

(c) Referral
A resolution once introduced with respect to such Presidential
recommendation shall be referred to one or more committees (and all
resolutions with respect to the same Presidential recommendation
shall be referred to the same committee or committees) by the
President of the Senate or the Speaker of the House of
Representatives, as the case may be.
(d) Other procedures
Except as otherwise provided in this section the provisions of
section 719f(d) of title 15 shall apply to the consideration of the
resolution.

(Pub. L. 96-487, title XV, Sec. 1503, Dec. 2, 1980, 94 Stat. 2550.)

REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.