dreamproit/uscode huggingface dataset:
16 U.S.C. § 3121 (CONSERVATION)
§ 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, § 811, Dec. 2, 1980, 94 Stat. 2428.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (b), is Pub. L 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
16 U.S.C. § 3122 (CONSERVATION)
§ 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 and 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, § 812, Dec. 2, 1980, 94 Stat. 2428.)
16 U.S.C. § 3123 (CONSERVATION)
§ 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, § 813, Dec. 2, 1980, 94 Stat. 2428.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in this section relating to submitting, within every three-year period, a report on the implementation of this subchapter to the President of the Senate and the Speaker of the House of Representatives, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 112 of House Document No. 103–7.
16 U.S.C. § 3124 (CONSERVATION)
§ 3124. Regulations
The Secretary shall prescribe such regulations as are necessary and appropriate to carry out his responsibilities under this subchapter.
(Pub. L. 96–487, title VIII, § 814, Dec. 2, 1980, 94 Stat. 2429; Pub. L. 105–83, title III, § 316(b)(8), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.)
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–83, § 316(b)(8), which directed amendment of section by inserting “, and the State at any time the State has complied with section 3115(d) of this title” after “The Secretary” and inserting at end “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.”, was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendment note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates of 1997 Amendment
text: Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105–83 was effective only for purpose of determining whether State’s laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105–83 set out as a note under section 3102 of this title.
16 U.S.C. § 3126 (CONSERVATION)
§ 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, § 816, Dec. 2, 1980, 94 Stat. 2430.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, 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.
16 U.S.C. § 3144 (CONSERVATION)
§ 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 or 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, § 1004, Dec. 2, 1980, 94 Stat. 2452.)
16 U.S.C. § 3146 (CONSERVATION)
§ 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, § 1006, Dec. 2, 1980, 94 Stat. 2453.)
16 U.S.C. § 3149 (CONSERVATION)
§ 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, § 1009, Dec. 2, 1980, 94 Stat. 2456.)
heading: Editorial Notes
heading: References in Text
text: The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 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 U.S.C. § 3151 (CONSERVATION)
§ 3151. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 96–487, title X, § 1011, Dec. 2, 1980, 94 Stat. 2457; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172, which required the President to annually transmit to 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, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 32 of House Document No. 103–7.
16 U.S.C. § 3161 (CONSERVATION)
§ 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, § 1101, Dec. 2, 1980, 94 Stat. 2457.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (c), 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.
16 U.S.C. § 3162 (CONSERVATION)
§ 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 the 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, § 1102, Dec. 2, 1980, 94 Stat. 2458.)
16 U.S.C. § 3165 (CONSERVATION)
§ 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, § 1105, Dec. 2, 1980, 94 Stat. 2461.)
16 U.S.C. § 3167 (CONSERVATION)
§ 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, § 1107, Dec. 2, 1980, 94 Stat. 2463.)
16 U.S.C. § 3168 (CONSERVATION)
§ 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, § 1108, Dec. 2, 1980, 94 Stat. 2464; Pub. L. 98–620, title IV, § 402(22)(B), Nov. 8, 1984, 98 Stat. 3358.)
heading: Editorial Notes
heading: Amendments
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: 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 U.S.C. § 3170 (CONSERVATION)
§ 3170. Special access and access to inholdings
(a) Use of snowmachines, motorboats, airplanes, nonmotorized surface transportation, etc. for traditional activities and for travel
Notwithstanding any other provision of this Act or other law, the Secretary shall permit, on conservation system units, national recreation areas, and national conservation areas, and those public lands designated as wilderness study, the use of snowmachines (during periods of adequate snow cover, or frozen river conditions in the case of wild and scenic rivers), motorboats, airplanes, and nonmotorized surface transportation methods for traditional activities (where such activities are permitted by this Act or other law) and for travel to and from villages and homesites. Such use shall be subject to reasonable regulations by the Secretary to protect the natural and other values of the conservation system units, national recreation areas, and national conservation areas, and shall not be prohibited unless, after notice and hearing in the vicinity of the affected unit or area, the Secretary finds that such use would be detrimental to the resource values of the unit or area. Nothing in this section shall be construed as prohibiting the use of other methods of transportation for such travel and activities on conservation system lands where such use is permitted by this Act or other law.
(b) Right of access to State or private owner or occupier
Notwithstanding any other provisions of this Act or other law, in any case in which State owned or privately owned land, including subsurface rights of such owners underlying public lands, or a valid mining claim or other valid occupancy is within or is effectively surrounded by one or more conservation system units, national recreation areas, national conservation areas, or those public lands designated as wilderness study, the State or private owner or occupier shall be given by the Secretary such rights as may be necessary to assure adequate and feasible access for economic and other purposes to the concerned land by such State or private owner or occupier and their successors in interest. Such rights shall be subject to reasonable regulations issued by the Secretary to protect the natural and other values of such lands.
(Pub. L. 96–487, title XI, § 1110, Dec. 2, 1980, 94 Stat. 2464.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, 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.