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-(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 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 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 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 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 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 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 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.