H. R. 2107—51
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.’’.
(4) TITLE VIII DEFINITIONS.—Section 803 (16 U.S.C. 3113)
is amended—
(A) by striking ‘‘and’’ at the end of paragraph (1);
(B) by striking the period and inserting a semicolon
at the end of paragraph (2); and
(C) by inserting at the end the following new para-
graphs:
‘‘(3) ‘customary and traditional uses’ means the noncommer-
cial, 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.’’.
(5) PREFERENCE FOR SUBSISTENCE USES.—Section 804 (16
U.S.C. 3114) is amended—
(A) by inserting ‘‘(a)’’ immediately before the first sen-
tence; and
(B) by inserting at the end the following new sub-
section:
‘‘(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
803(3)), 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.’’.
(6) LOCAL AND REGIONAL PARTICIPATION.—Section 805 (16
U.S.C. 3115) is amended—
(A) in subsection (a) by striking ‘‘one year after the
date of enactment of this Act,’’; and
(B) by amending subsection (d) to read as follows:
‘‘(d)(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 803, 804, and 805, the Sec-
retary 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 title. 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
H. R. 2107—52
determines that such laws have been repealed, modified, or imple-
mented in a way that is inconsistent with, or does not provide
for, the definition, preference, and participation specified in sections
803, 804, and 805, or that the State has failed to cure any such
inconsistency after such determination. The State laws shall other-
wise supercede such sections insofar as such sections govern State
responsibility pursuant to this title 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 section 805 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 author-
ity. 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 proceed-
ings, 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.’’.
(7) JUDICIAL ENFORCEMENT.—Section 807 (16 U.S.C. 3117)
is amended by inserting the following as subsection (b):
‘‘(b) 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.’’.
(8) REGULATIONS.—Section 814 (16 U.S.C. 3124) is
amended—
(A) by inserting ‘‘, and the State at any time the
State has complied with section 805(d)’’ after ‘‘Secretary’’;
and
(B) by adding at the end the following new sentence:
‘‘During any time that the State has complied with section
805(d), the Secretary shall not make or enforce regulations
implementing section 805(a), (b), or (c).’’.
(9) LIMITATIONS, SAVINGS CLAUSES.—Section 815 (16 U.S.C.
3125) is amended—
H. R. 2107—53
(A) by striking ‘‘or’’ at the end of paragraph (3);
(B) by striking the period at the end of paragraph
(4) and inserting in lieu thereof a semicolon and ‘‘or’’;
and
(C) by inserting at the end the following new para-
graph:
‘‘(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 subsist-
ence uses.’’.
(c) SAVINGS CLAUSE.—No provision of 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 (includ-
ing 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 Conserva-
tion Act (16 U.S.C. 3202(c)).
(d) EFFECTIVE DATE.—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 of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3111
et seq.), the amendments made by subsection (b) of this section
shall be effective only for the purposes of determining whether
the State’s laws provide for such definition, preference, and partici-
pation. 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.
SEC. 317. Section 909(b)(2) of division II, title IX of Public
Law 104–333 is amended by striking the following: ‘‘For technical
assistance pursuant to section 908, not more than $50,000
annually.’’.
SEC. 318. No part of any appropriation contained in this Act
shall be expended or obligated to fund the activities of the western
director and special assistant to the Secretary within the Office
of the Secretary of Agriculture that exceeds the funding provided
for these activities from this Act during fiscal year 1997.
SEC. 319. Notwithstanding any other provision of law, for fiscal
year 1998 the Secretaries of Agriculture and the Interior are author-
ized to limit competition for watershed restoration project contracts
as part of the ‘‘Jobs in the Woods’’ component of the President’s
Forest Plan for the Pacific Northwest to individuals and entities
in historically timber-dependent areas in the States of Washington,
H. R. 2107—54
Oregon, and northern California that have been affected by reduced
timber harvesting on Federal lands.
SEC. 320. (a) Section 101(c) of Public Law 104–134 is amended
as follows: Under the heading ‘‘TITLE III—GENERAL PROVI-
SIONS’’ amend section 315(c)(1) by striking subparagraphs (A) and
(B) and inserting:
‘‘(A) Eighty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(A).
‘‘(B) Twenty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(B).’’.
(b) Subparagraph (C) of section 315(c)(1) is amended by insert-
ing ‘‘and the National Park Service’’ after ‘‘the Fish and Wildlife
Service’’.
SEC. 321. None of the funds collected under the Recreational
Fee Demonstration program may be used to plan, design, or con-
struct a visitor center or any other permanent structure without
prior approval of the House and the Senate Committees on Appro-
priations if the estimated total cost of the facility exceeds $500,000.
SEC. 322. Section 303(d)(1) of Public Law 96–451 (16 U.S.C.
1606a(d)(1)) is amended by inserting before the semicolon the follow-
ing: ‘‘and other forest stand improvement activities to enhance
forest health and reduce hazardous fuel loads of forest stands
in the National Forest System’’.
SEC. 323. (a) Prior to the completion of any decision document
or the making of any decision related to the final Environmental
Impact Statements (hereinafter ‘‘final EISs’’) associated with the
Interior Columbia Basin Ecosystem Project (hereinafter the
‘‘Project’’), the Secretary of Agriculture and the Secretary of the
Interior shall prepare and submit to the Committees on Appropria-
tions of the Senate and the House of Representatives a report
that shall include:
(1) a detailed description of any and all land and resource
management planning and policy or project decisions to be
made, by type and by the level of official responsible, and
the procedures for such decisions to be undertaken, by the
Forest Service, Bureau of Land Management, and Fish and
Wildlife Service pursuant to the National Forest Management
Act, Federal Land Policy and Management Act, Endangered
Species Act, National Environmental Policy Act and any other
applicable law in order to authorize and implement actions
affecting the environment on Federal lands within the jurisdic-
tion of either Secretary in the Project area that are consistent
with the final EISs;
(2) a detailed estimation of the time and cost (for all partici-
pating Federal agencies) to accomplish each decision described
in paragraph (1), from the date of initiation of preparations
for, to the date of publication or announcement of, the decision,
including a detailed statement of the source of funds for each
such decision and any reprogramming in fiscal year 1998;
(3) estimated production of goods and services from each
unit of the Federal lands for the first 5 years during the