dreamproit/uscode huggingface dataset:
16 U.S.C. § 3116 (CONSERVATION)
§ 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, § 806, Dec. 2, 1980, 94 Stat. 2425; Pub. L. 103–437, § 6(y), Nov. 2, 1994, 108 Stat. 4587.)
heading: Amendments
text: 1994—Pub. L. 103–437 substituted “the Committees on Natural Resources” for “Committee on Interior and Insular Affairs”.
heading: Abolition of House Committee on Merchant Marine and Fisheries
text: 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. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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: References in Text
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 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: 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: 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: 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: References in Text
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 U.S.C. § 3143 (CONSERVATION)
§ 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, § 1003, Dec. 2, 1980, 94 Stat. 2452.)
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: 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, as amended, 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: 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: References in Text
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 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: 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: 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: References in Text
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 U.S.C. § 3171 (CONSERVATION)
§ 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, § 1111, Dec. 2, 1980, 94 Stat. 2465.)
heading: References in Text
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 U.S.C. § 3172 (CONSERVATION)
§ 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, § 1112, Dec. 2, 1980, 94 Stat. 2465.)
16 U.S.C. § 3173 (CONSERVATION)
§ 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, § 1113, Dec. 2, 1980, 94 Stat. 2466.)
heading: References in Text
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.
16 U.S.C. § 3192a (CONSERVATION)
§ 3192a. Restrictions on use of appropriated funds
Notwithstanding any other provision of law, none of the funds provided in this Act or any other Act hereafter enacted may be used by the Secretary of the Interior, except with respect to land exchange costs and costs associated with the preparation of land acquisitions, in the acquisition of State, private, or other non-federal lands (or any interest therein) in the State of Alaska, unless, in the acquisition of any State, private, or other non-federal lands (or interest therein) in the State of Alaska, the Secretary seeks to exchange unreserved public lands before purchasing all or any portion of such lands (or interest therein) in the State of Alaska.
(Pub. L. 105–277, div. A, § 101(e) [title I, § 127], Oct. 21, 1998, 112 Stat. 2681–231, 2681–261.)
heading: Codification
text: Section was enacted as part of Department of the Interior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of Alaska National Interest Lands Conservation Act which comprises this chapter.
16 U.S.C. § 3194 (CONSERVATION)
§ 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, § 1304, Dec. 2, 1980, 94 Stat. 2478.)
heading: References in Text
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.