Title VIII - ANILCA

Public Law 96-487, ANILCA

TITLE VIII--SUBSISTENCE MANAGEMENT AND USE FINDINGS
§801. Findings.
§802. Policy.
§803. Definitions.
§804. Preference for subsistence use.
§805. Local and regional participation.
§806. Federal monitoring.
§807. Judicial enforcement.
§808. Park and park monument subsistence resource commissions.
§809. Cooperative agreements.
§810. Subsistence and land use decisions.
§811. Access.
§812. Research.
§813. Periodic reports.
§814. Regulations.
§815. Limitations, savings clauses.
§816. Closure to subsistence uses.
FINDINGS
§801. 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
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.
POLICY
§802. 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 title 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.
DEFINITIONS
§803. 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; and
(2) "barter" means the exchange of fish or wildlife or their parts, taken for subsistence uses-

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(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.
PREFERENCE FOR SUBSISTENCE USE
§804. 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.
LOCAL AND REGIONAL PARTICIPATION
§805. (a) Except as otherwise provided in subsection (d) of this section, one year after the
date of enactment of this Act, 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 the subsistence uses of fish and wildlife within
the region;
(C) the encouragement of local and regional participation pursuant to the provisions of this

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title in the decision making 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) 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).
(c) The Secretary, in performing his monitoring responsibility pursuant to §806 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) The Secretary shall not implement subsections (a), (b), and (c) of this section if within
one year from the date of enactment of this Act the State enacts and implements laws of
general applicability which are consistent with, and which provide for the definition,
preference and participation specified in, §§803, 804, and 805, such laws unless and until
repealed, shall supersede 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 Laws establishing a system of local advisory committees and regional advisory
councils consistent with §805 shall provide that the State rule making 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

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uses. The regional councils may present recommendations, and the evidence upon which
such recommendations are based to the State rule making authority during the course of the
administrative proceedings of such authority. The State rule making 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 rule making
authority, such authority shall set forth the factual basis and the reasons for its decision.
(e)(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) 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). 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 §804.
FEDERAL MONITORING
§806. The Secretary shall monitor the provisions by the State of the subsistence preference
set forth in §804 and shall advise the State and the Committee on Interior and Insular
Affairs 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 title 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.
JUDICIAL ENFORCEMENT
§807. (a) Local residents and other persons and organizations aggrieved a failure of the
State or the Federal Government to provide for the priority for subsistence uses set forth in
§804 (or with respect to the State as set forth in a State law of general applicability if the
State has fulfilled the requirements of §805(d)) may, upon exhaustion of any State or
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

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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 §804 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 issue. 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) A civil action filed pursuant to this section shall be assigned for hearing at the earliest
possible date, shall take precedence over other matters pending on the docket of the United
States district court at that time, and shall be expedited in every way by such court and any
appellate court.
(c) This section is the sole Federal judicial remedy created by this title 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 §804.
PARK AND PARK MONUMENT SUBSISTENCE RESOURCE COMMISSIONS
§808. (a) Within one year from the date of enactment of this Act 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 §805 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 the date of enactment of this Act, 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 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) The Secretary shall promptly implement title program and recommendations submitted

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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) 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 title and other applicable Federal and State law.
COOPERATIVE AGREEMENTS
§809. 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 title.
SUBSISTENCE AND LAND USE DECISIONS
§810. (a) 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, ]ease, 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 §805;
(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

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resources resulting from such actions.
(b) If the Secretary is required to prepare an environmental impact statement pursuant to
§102(2)(C) of the National Environmental Policy Act, he shall provide the notice and
hearing and include the findings required by subsection (a) as part of such environmental
impact statement.
(c) 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.
(d) 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.
ACCESS
§811. (a) The Secretary shall ensure that rural residents engaged in subsistence uses shall
have reasonable access to subsistence resources on the public lands.
(b) 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.
RESEARCH
§812. 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 §805, and other
appropriate persons and organizations.
PERIODIC REPORTS
§813. Within four years after the date of enactment of this Act 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 title. The report shall include-(1) an evaluation of the results of the monitoring undertaken by the Secretary as required by
§806;
(2) the status of fish and wildlife populations on public lands that are subject to subsistence

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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 §805, 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;
(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.
REGULATIONS
§814. The Secretary shall prescribe such regulations as are necessary and appropriate to
carry out his responsibilities under this title.
LIMITATIONS, SAVINGS CLAUSES
§815. Nothing in this title 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 §816, to
continue subsistence uses of such populations, or pursuant to other applicable law; or
(4) modifying or repealing the provisions of any Federal law governing the conservation or

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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), 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), 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 Fishery
Conservation and Management Act of 1976 (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 ally
amendments to any one or more of such Acts.
CLOSURE TO SUBSISTENCE USES
§816. (a) 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 title and other applicable laws of the
United States and the State of Alaska.
(b) Except as specifically provided otherwise by this section, nothing in this title 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 tins 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 he extended.

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