Alaska National Interest Lands Conservation Act 16 USC 3101 et seq.

16 U.S.C.
United States Code, 2017 Edition
Title 16 - CONSERVATION
CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER I - GENERAL PROVISIONS
From the U.S. Government Publishing Office, www.gpo.gov

SUBCHAPTER I—GENERAL PROVISIONS
§3101. Congressional statement of purpose
(a) Establishment of units
In order to preserve for the benefit, use, education, and inspiration of present and future
generations certain lands and waters in the State of Alaska that contain nationally significant natural,
scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife
values, the units described in the following titles are hereby established.
(b) Preservation and protection of scenic, geological, etc., values
It is the intent of Congress in this Act to preserve unrivaled scenic and geological values
associated with natural landscapes; to provide for the maintenance of sound populations of, and
habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including
those species dependent on vast relatively undeveloped areas; to preserve in their natural state
extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the
resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers,
and lands, and to preserve wilderness resource values and related recreational opportunities including
but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic
wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and
undisturbed ecosystems.
(c) Subsistence way of life for rural residents
It is further the intent and purpose of this Act consistent with management of fish and wildlife in
accordance with recognized scientific principles and the purposes for which each conservation
system unit is established, designated, or expanded by or pursuant to this Act, to provide the
opportunity for rural residents engaged in a subsistence way of life to continue to do so.
(d) Need for future legislation obviated
This Act provides sufficient protection for the national interest in the scenic, natural, cultural and
environmental values on the public lands in Alaska, and at the same time provides adequate
opportunity for satisfaction of the economic and social needs of the State of Alaska and its people;
accordingly, the designation and disposition of the public lands in Alaska pursuant to this Act are
found to represent a proper balance between the reservation of national conservation system units
and those public lands necessary and appropriate for more intensive use and disposition, and thus
Congress believes that the need for future legislation designating new conservation system units, new
national conservation areas, or new national recreation areas, has been obviated thereby.
(Pub. L. 96–487, title I, §101, Dec. 2, 1980, 94 Stat. 2374.)
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The following titles, referred to in subsec. (a), mean titles II to XV of Pub. L. 96–487, Dec. 2, 1980, §§201–
1503, 94 Stat. 2377–2551. For complete classification of these titles to the Code, see Tables.
This Act, referred to in subsecs. (b) to (d), 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 below and Tables.
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Pub. L. 96–487, §1, Dec. 2, 1980, 94 Stat. 2371, provided that: "This Act [enacting this chapter, sections
410hh to 410hh–5, 460mm to 460mm–4, 539 to 539e, and 1285b of this title, and sections 1631 to 1641 and
1784 of Title 43, Public Lands, amending sections 410bb, 1274, 1276, 1279, and 1280 of this title and sections
1602, 1606, 1607, 1611, 1613, 1614, 1620, and 1621 of Title 43, enacting provisions set out as notes under
this section and sections 431, 668dd, 1132, 1274, and 3145 of this title and sections 1605, 1613, and 1618 of
Title 43, and amending provisions set out as notes under sections 1611 and 1613 of Title 43 and preceding
section 21 of Title 48, Territories and Insular Possessions] may be cited as the 'Alaska National Interest Lands
Conservation Act'."

§3102. Definitions
As used in this Act (except that in titles IX and XIV the following terms shall have the same
meaning as they have in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and the
Alaska Statehood Act)—
(1) The term "land" means lands, waters, and interests therein.
(2) The term "Federal land" means lands the title to which is in the United States after
December 2, 1980.
(3) The term "public lands" means land situated in Alaska which, after December 2, 1980, are
Federal lands, except—
(A) land selections of the State of Alaska which have been tentatively approved or validly
selected under the Alaska Statehood Act and lands which have been confirmed to, validly
selected by, or granted to the Territory of Alaska or the State under any other provision of
Federal law;
(B) land selections of a Native Corporation made under the Alaska Native Claims Settlement
Act [43 U.S.C. 1601 et seq.] which have not been conveyed to a Native Corporation, unless any
such selection is determined to be invalid or is relinquished; and
(C) lands referred to in section 19(b) of the Alaska Native Claims Settlement Act [43 U.S.C.
1618(b)].
(4) The term "conservation system unit" means any unit in Alaska of the National Park System,
National Wildlife Refuge System, National Wild and Scenic Rivers Systems, National Trails
System, National Wilderness Preservation System, or a National Forest Monument including
existing units, units established, designated, or expanded by or under the provisions of this Act,
additions to such units, and any such unit established, designated, or expanded hereafter.
(5) The term "Alaska Native Claims Settlement Act" means "An Act to provide for the
settlement of certain land claims of Alaska Natives, and for other purposes", approved December
18, 1971 (85 Stat. 688), as amended [43 U.S.C. 1601 et seq.].
(6) The term "Native Corporation" means any Regional Corporation, any Village Corporation,
any Urban Corporation, and any Native Group.
(7) The term "Regional Corporation" has the same meaning as such term has under section 3(g)
of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(g)].
(8) The term "Village Corporation" has the same meaning as such term has under section 3(j) of
the Alaska Native Claims Settlement Act [43 U.S.C. 1602(j)].
(9) The term "Urban Corporation" means those Native entities which have incorporated
pursuant to section 14(h)(3) of the Alaska Native Claims Settlement Act [43 U.S.C. 1613(h)(3)].
(10) The term "Native Group" has the same meaning as such term has under sections 3(d) and
14(h)(2) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(d) and 1613(h)(2)].
(11) The term "Native land" means land owned by a Native Corporation or any Native Group
and includes land which, as of December 2, 1980, had been selected under the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.] by a Native Corporation or Native Group and had
not been conveyed by the Secretary (except to the extent such selection is determined to be invalid
or has been relinquished) and land referred to in section 19(b) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1618(b)].
(12) The term "Secretary" means the Secretary of the Interior, except that when such term is
used with respect to any unit of the National Forest System, such term means the Secretary of

Agriculture.
(13) The terms "wilderness" and "National Wilderness Preservation System" have the same
meaning as when used in the Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.].
(14) The term "Alaska Statehood Act" means the Act entitled "An Act to provide for the
admission of the State of Alaska into the Union", approved July 7, 1958 (72 Stat. 339), as
amended.
(15) The term "State" means the state of Alaska.
(16) The term "Alaska Native" or "Native" has the same meaning as the term "Native" has in
section 3(b) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(b)].
(17) The term "fish and wildlife" means any member of the animal kingdom, including without
limitation any mammal, fish, bird (including any migratory, nonmigratory or endangered bird for
which protection is also afforded by treaty or other international agreement), amphibian, reptile,
mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or
offspring thereof, or the dead body or part thereof.
(18) The term "take" or "taking" as used with respect to fish or wildlife, means to pursue, hunt,
shoot, trap, net capture, collect, kill, harm, or attempt to engage in any such conduct.
(Pub. L. 96–487, title I, §102, Dec. 2, 1980, 94 Stat. 2375; Pub. L. 105–83, title III, §316(b)(2), (d),
Nov. 14, 1997, 111 Stat. 1592, 1595.)
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This Act, referred to in provision preceding par. (1) and in par. (4), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat.
2371, as amended, known as the Alaska National Interest Lands Conservation Act. Title IX of this Act
enacted sections 1631 to 1638 of Title 43, Public Lands, amended sections 1614 and 1620 of Title 43, and
amended provisions set out as notes under section 1611 of Title 43 and preceding section 21 of Title 48,
Territories and Insular Possessions. Title XIV of this Act enacted sections 1639 to 1641 of Title 43, amended
sections 1602, 1606, 1607, 1611, 1613, 1620, and 1621 of Title 43, enacted provisions set out as notes under
sections 1605, 1613, and 1618 of Title 43, and amended provisions set out as notes under sections 1611 and
1613 of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section
3101 of this title and Tables.
The Alaska Native Claims Settlement Act, referred to in provision preceding par. (1) and in pars. (3)(B),
(C)(5), and (11), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to
chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43 and Tables.
The Alaska Statehood Act, referred to in provision preceding par. (1) and in pars. (3)(A) and (14), is Pub. L.
85–508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a note preceding section 21 of Title 48,
Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.
The Wilderness Act, referred to in par. (13), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended,
which is classified generally to chapter 23 (§1131 et seq.) of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 1131 of this title and Tables.
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1997—Par. (2). Pub. L. 105–83, §316(b)(2), which directed the amendment of par. (2) generally, to read as
follows: "The term 'Federal land' means lands the title to which is in the United States after December 2, 1980.
'Federal land' does not include lands the title to which is in the State, an Alaska Native corporation, or other
private ownership.", was repealed by Pub. L. 105–83, §316(d). See Effective and Termination Dates of 1997
Amendment note below.
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1997 A
Pub. L. 105–83, title III, §316(d), Nov. 14, 1997, 111 Stat. 1595, provided that: "Unless and until laws are
adopted in the State of Alaska which provide for the definition, preference, and participation specified in
sections 803, 804, and 805 [sections 3113 to 3115 of this title] of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3111 et seq.), the amendments made by subsection (b) of this section [amending
this section and sections 3111, 3113 to 3115, 3117, 3124, and 3125 of this title] shall be effective only for the
purposes of determining whether the State's laws provide for such definition, preference, and participation.
The Secretary shall certify before December 1, 1998 if such laws have been adopted in the State of Alaska.
Subsection (b) shall be repealed on such date if such laws have not been adopted." [The State of Alaska did
not adopt laws specified above by Dec. 1, 1998.]
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Pub. L. 105–83, title III, §316(c), Nov. 14, 1997, 111 Stat. 1595, provided that: "No provision of this section
[amending this section and sections 3111, 3113 to 3115, 3117, 3124, and 3125 of this title and enacting
provisions set out as notes under this section], amendment made by this section, or exercise of authority
pursuant to this section may be construed to validate, invalidate, or in any way affect—
"(1) any assertion that an Alaska Native organization (including a federally recognized tribe,
traditional Alaska Native council, or Alaska Native council organized pursuant to the Act of June 18, 1934
(25 U.S.C. 461 et seq.) [now 25 U.S.C. 5101 et seq.], as amended) has or does not have governmental
authority over lands (including management of, or regulation of the taking of, fish and wildlife) or persons
within the boundaries of the State of Alaska;
"(2) any assertion that Indian country, as defined in section 1151 of title 18, United States Code, exists
or does not exist within the boundaries of the State of Alaska;
"(3) any assertion that the Alaska National Interest Lands Conservation Act, as amended (16 U.S.C.
3101 et seq.) is or is not Indian law; or
"(4) the authority of the Secretary of the Interior under section 1314(c) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3202(c))."
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Pub. L. 105–277, div. A, §101(e) [title III, §339], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295, provided
that:
["(a) Repealed. Pub. L. 105–277, div. A, §101(e) [title III, §339(b)(2)], Oct. 21, 1998, 112 Stat. 2681–231,
2681–295]
"(b) S
(a) R
.—
"(1) The Secretary of the Interior shall certify before October 1, 1999, if a bill or resolution has been
passed by the Alaska State Legislature to amend the Constitution of the State of Alaska that, if approved by
the electorate, would enable the implementation of state laws of general applicability consistent with, and
which provide for the definition, preference, and participation specified in sections 803, 804, and 805 of the
Alaska National Interest Lands Conservation Act [16 U.S.C. 3113, 3114, 3115].
"(2) Subsection (a) shall be repealed on October 1, 1999, unless prior to that date the Secretary of the
Interior makes such a certification described in paragraph (1). [A certification was not made prior to Oct. 1,
1999.]
"(c) T
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A .—[Amended
section 3115 of this title.]
"(d) E
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.—Nothing in this section invalidates, validates, or in any
other way affects any claim of the State of Alaska to title to any tidal or submerged land in Alaska."
Pub. L. 105–83, title III, §316(a), Nov. 14, 1997, 111 Stat. 1592, provided that: "None of the funds made
available to the Department of the Interior or the Department of Agriculture by this or any other Act hereafter
enacted may be used prior to December 1, 1998 to issue or implement final regulations, rules, or policies
pursuant to title VIII of the Alaska National Interest Lands Conservation Act [16 U.S.C. 3111 et seq.] to assert
jurisdiction, management, or control over the navigable waters transferred to the State of Alaska pursuant to
the Submerged Lands Act of 1953 [43 U.S.C. 1301 et seq.] or the Alaska Statehood Act of 1959 [Pub. L. 85–
508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions]."

§3103. Maps
(a) Filing and availability for inspection; discrepancies; coastal areas
The boundary maps described in this Act shall be on file and available for public inspection in the
office of the Secretary or the Secretary of Agriculture with regard to the National Forest System. In
the event of discrepancies between the acreages specified in this Act and those depicted on such
maps, the maps shall be controlling, but the boundaries of areas added to the National Park, Wildlife
Refuge and National Forest Systems shall, in coastal areas not extend seaward beyond the mean high
tide line to include lands owned by the State of Alaska unless the State shall have concurred in such
boundary extension and such extension is accomplished under the notice and reporting requirements
of this Act.
(b) Changes in land management status; publication in Federal Register; filing; clerical errors;
boundary features and adjustments

As soon as practicable after December 2, 1980, a map and legal description of each change in land
management status effected by this Act, including the National Wilderness Preservation System,
shall be published in the Federal Register and filed with the Speaker of the House of Representatives
and the President of the Senate, and each such description shall have the same force and effect as if
included in this Act: Provided, however, That correction of clerical and typographical errors in each
such legal description and map may be made. Each such map and legal description shall be on file
and available for public inspection in the office of the Secretary. Whenever possible boundaries shall
follow hydrographic divides or embrace other topographic or natural features. Following reasonable
notice in writing to the Congress of his intention to do so the Secretary and the Secretary of
Agriculture may make minor adjustments in the boundaries of the areas added to or established by
this Act as units of National Park, Wildlife Refuge, Wild and Scenic Rivers, National Wilderness
Preservation, and National Forest Systems and as national conservation areas and national recreation
areas. For the purposes of this subsection, a minor boundary adjustment shall not increase or
decrease the amount of land within any such area by more than 23,000 acres.
(c) Lands included within unit; acquisition of land by Secretary
Only those lands within the boundaries of any conservation system unit which are public lands (as
such term is defined in this Act) shall be deemed to be included as a portion of such unit. No lands
which, before, on, or after December 2, 1980, are conveyed to the State, to any Native Corporation,
or to any private party shall be subject to the regulations applicable solely to public lands within such
units. If the State, a Native Corporation, or other owner desires to convey any such lands, the
Secretary may acquire such lands in accordance with applicable law (including this Act), and any
such lands shall become part of the unit, and be administered accordingly.
(Pub. L. 96–487, title I, §103, Dec. 2, 1980, 94 Stat. 2376.)
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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.