Copy of Legal Authorities

Authorities:

• The National Parks Omnibus Management Act of 1998 (Public Law 105-391, §202; 16 U.S.C. 5932)

Sec. 5932. Research mandate: The Secretary is authorized and directed to assure that management of units of the National Park System is enhanced by the availability and utilization of a broad program of the highest quality science and information.

• NPS Organic Act of 1916 (16 U.S.C. 1 through 4)

• Alaska National Interest Lands Conservation Act (ANILCA)
  Section 812 (Title 8 is about subsistence) states:
  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.

• 36 Code of Federal Regulations §13.430 (This is the section that describes what a resident zone is. These are the communities we are surveying. There are park specific regulations that list the communities associated with the individual parks.)
  Title 36 is the regulations for Parks, Forests, and Public Property

§13.430 reads as follows:

§ 13.430 Determination of resident zones.

(a) A resident zone shall include—

(1) The area within a national park or monument; and

(2) The communities and areas near a national park or monument which contain significant concentrations of rural residents who, without using aircraft as a means of access for purposes of taking fish or wildlife for subsistence uses (except in extraordinary cases where no reasonable alternative existed), have customarily and traditionally engaged in subsistence uses within a national park or monument. For purposes of determining ‘‘significant’’ concentrations, family members shall also be included.

(b) After notice and comment, including public hearing in the affected local vicinity, a community or area near a national park or monument may be—

(1) Added to a resident zone; or

(2) Deleted from a resident zone, when such community or area does or does not meet the criteria set forth in paragraph (a) of this section, as appropriate.

(c) For purposes of this section, the term ‘‘family’’ shall mean all persons living within a rural resident’s household on a permanent basis.