Anilca 16 Usc 3111-3126

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§ 3112

TITLE 16—CONSERVATION

(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.)
REFERENCES IN TEXT
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.

SUBCHAPTER II—SUBSISTENCE
MANAGEMENT AND USE
§ 3111. Congressional declaration of findings
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 [43 U.S.C. 1601 et seq.] 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.
(Pub. L. 96–487, title VIII, § 801, Dec. 2, 1980, 94
Stat. 2422; Pub. L. 105–83, title III, § 316(b)(3), (d),
Nov. 14, 1997, 111 Stat. 1592, 1595.)
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in par. (4), 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.
AMENDMENTS
1997—Pub. L. 105–83, § 316(b)(3), which directed the designation of existing provisions as subsec. (a) and the
addition of subsec. (b) relating to further congressional
findings as to subsistence use of public lands by rural
residents of Alaska, was repealed by Pub. L. 105–83,
§ 316(d). See Effective and Termination Dates of 1997
Amendment note below.
EFFECTIVE AND TERMINATION DATES OF 1997
AMENDMENT
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.

§ 3112. Congressional statement of policy
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 subchapter 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

§ 3113

TITLE 16—CONSERVATION

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.
(Pub. L. 96–487, title VIII, § 802, Dec. 2, 1980, 94
Stat. 2422.)
REFERENCES IN TEXT
This Act, referred to in pars. (1) and (3), is Pub. L.
96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska
National Interest Lands Conservation Act. Titles II
through VII of this Act enacted sections 410hh to
410hh–5, 460mm to 460mm–3, 539 to 539e, and 1285b of this
title, amended sections 1274, 1276, 1279, and 1280 of this
title, enacted provisions set out as notes under sections
668dd, 1132, 1274, and 3145 of this title, and enacted provisions listed in a table of National Monuments Established Under Presidential Proclamation set out under
section 320301 of Title 54, National Park Service and
Related Programs. For complete classification of this
Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

§ 3113. Definitions
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.
(Pub. L. 96–487, title VIII, § 803, Dec. 2, 1980, 94
Stat. 2423; Pub. L. 105–83, title III, § 316(b)(4), (d),
Nov. 14, 1997, 111 Stat. 1593, 1595.)
REFERENCES IN 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.
AMENDMENTS
1997—Pars. (3) to (5). Pub. L. 105–83, § 316(b)(4), which
directed the addition of pars. (3) to (5) was repealed by
Pub. L. 105–83, § 316(d). Pars. (3) to (5) read as follows:
‘‘(3) ‘customary and traditional uses’ means the noncommercial, long-term, and consistent taking of, use
of, or reliance upon fish and wildlife in a specific area
and the patterns and practices of taking or use of that
fish and wildlife that have been established over a reasonable period of time, taking into consideration the
availability of the fish and wildlife;

Page 2034

‘‘(4) ‘customary trade’ means, except for money sales
of furs and furbearers, the limited noncommercial exchange for money of fish and wildlife or their parts in
minimal quantities; and
‘‘(5) ‘rural Alaska resident’ means a resident of a
rural community or area. A ‘rural community or area’
means a community or area substantially dependent on
fish and wildlife for nutritional and other subsistence
uses.’’ See Effective and Termination Dates of 1997
Amendment note below.
EFFECTIVE AND TERMINATION DATES OF 1997
AMENDMENT
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.

§ 3114. Preference for subsistence uses
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.
(Pub. L. 96–487, title VIII, § 804, Dec. 2, 1980, 94
Stat. 2423; Pub. L. 105–83, title III, § 316(b)(5), (d),
Nov. 14, 1997, 111 Stat. 1593, 1595.)
REFERENCES IN 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.
AMENDMENTS
1997—Pub. L. 105–83, § 316(b)(5), which directed the designation of existing provisions as subsec. (a) and the
addition of subsec. (b) reading as follows: ‘‘The priority
granted by this section is for a reasonable opportunity
to take fish and wildlife. For the purposes of this subsection, the term ‘reasonable opportunity’ means an
opportunity, consistent with customary and traditional
uses (as defined in section 3113(3) of this title), to participate in a subsistence hunt or fishery with a reasonable expectation of success, and does not mean a guarantee that fish and wildlife will be taken.’’ was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendment note below.
EFFECTIVE AND TERMINATION DATES OF 1997
AMENDMENT
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, pref-

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TITLE 16—CONSERVATION

erence, 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.

§ 3115. Local and regional participation
(a) Establishment of subsistence resources regions, local advisory committees, and regional advisory councils; membership, duties, and authority of regional advisory councils
Except as otherwise provided in subsection (d)
of this section, 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 subsistence uses of fish and wildlife within the region;
(C) the encouragement of local and regional
participation pursuant to the provisions of
this subchapter in the decisionmaking 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) Assignment of staff and distribution of data
The Secretary shall assign adequate qualified
staff to the regional advisory councils and make

§ 3115

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) Consideration of reports and recommendations of regional advisory councils
The Secretary, in performing his monitoring
responsibility pursuant to section 3116 of this
title 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) Supersedure by enactment and implementation of State laws governing State responsibility; consideration of recommendations
by State rulemaking authority
The Secretary shall not implement subsections (a), (b), and (c) of this section if the
State enacts and implements laws of general applicability which are consistent with, and which
provide for the definition, preference, and participation specified in, sections 3113, 3114, and
3115 of this title, such laws, unless and until repealed, shall supersede such sections insofar as
such sections govern State responsibility pursuant to this subchapter 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 this section shall provide that the
State rulemaking 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 rulemaking authority during the course of the administrative proceedings of such authority. The State rulemaking 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 rulemaking authority, such authority shall set forth
the factual basis and the reasons for its decision.
(e) Reimbursement to State; limitation; report to
Congress
(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 oper-

§ 3116

TITLE 16—CONSERVATION

ation 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
section 3114 of this title.
(Pub. L. 96–487, title VIII, § 805, Dec. 2, 1980, 94
Stat. 2424; Pub. L. 105–83, title III, § 316(b)(6), (d),
Nov. 14, 1997, 111 Stat. 1593, 1595; Pub. L. 105–277,
div. A, § 101(e) [title III, § 339(c)], Oct. 21, 1998, 112
Stat. 2681–231, 2681–296.)
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–277, § 101(e) [title III,
§ 339(c)(1)], struck out ‘‘one year after December 2,
1980,’’ before ‘‘the Secretary’’ in introductory provisions.
Subsec. (d). Pub. L. 105–277, § 101(e) [title III,
§ 339(c)(2)], struck out ‘‘within one year from December
2, 1980,’’ before ‘‘the State enacts’’ in first sentence.
1997—Subsec. (a). Pub. L. 105–83, § 316(b)(6)(A), which
directed the amendment of subsec. (a) by striking out
‘‘one year after December 2, 1980,’’ before ‘‘the Secretary’’ in introductory provisions, was repealed by
Pub. L. 105–83, § 316(d). See Effective and Termination
Dates of 1997 Amendment note below.
Subsec. (d). Pub. L. 105–83, § 316(b)(6)(B), which directed the amendment of subsec. (d) generally to provide for supersedure by enactment and implementation
of State laws governing State responsibility, consideration of recommendations by State rulemaking authority, and for the creation of regional advisory councils,
was repealed by Pub. L. 105–83, § 316(d). See Effective
and Termination Dates of 1997 Amendment note below.
EFFECTIVE AND TERMINATION DATES OF 1997
AMENDMENT
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.
TERMINATION OF ADVISORY COUNCILS
Advisory councils established after Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a council established by the President or an officer of the Federal Government, such
council is renewed by appropriate action prior to the
expiration of such 2-year period, or in the case of a
council established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14

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of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out
in the Appendix to Title 5, Government Organization
and Employees.

§ 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.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘the Committees on
Natural Resources’’ for ‘‘Committee on Interior and Insular Affairs’’.
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE
AND FISHERIES
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.

§ 3117. Judicial enforcement
(a) Exhaustion of administrative remedies; civil
action; parties; preliminary injunctive relief;
other relief; costs and attorney’s fees
Local residents and other persons and organizations aggrieved by a failure of the State or the
Federal Government to provide for the priority
for subsistence uses set forth in section 3114 of
this title (or with respect to the State as set
forth in a State law of general applicability if
the State has fulfilled the requirements of section 3115(d) of this title) 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 grant-

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TITLE 16—CONSERVATION

ing 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 section 3114 of this
title; 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) Repealed. Pub. L. 98–620, title IV, § 402(22)(A),
Nov. 8, 1984, 98 Stat. 3358
(c) Section as sole Federal judicial remedy
This section is the sole Federal judicial remedy created by this subchapter 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 section 3114 of this title.
(Pub. L. 96–487, title VII, § 807, Dec. 2, 1980, 94
Stat. 2426; Pub. L. 98–620, title IV, § 402(22)(A),
Nov. 8, 1984, 98 Stat. 3358; Pub. L. 105–83, title III,
§ 316(b)(7), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.)
AMENDMENTS
1997—Subsec. (b). Pub. L. 105–83, § 316(b)(7), which directed amendment of section by adding subsec. (b)
reading as follows: ‘‘State agency actions may be declared invalid by the court only if they are arbitrary,
capricious, or an abuse of discretion, or otherwise not
in accordance with law. When reviewing any action
within the specialized knowledge of a State agency, the
court shall give the decision of the State agency the
same deference it would give the same decision of a
comparable Federal agency.’’, was repealed by Pub. L.
105–83, § 316(d). See Effective and Termination Dates of
1997 Amendments note below.
1984—Subsec. (b). Pub. L. 98–620 struck out subsec. (b)
which had provided that a civil action filed pursuant to
this section was to be assigned for hearing at the earliest possible date, was to take precedence over other
matters pending on the docket of the United States district court at that time, and was to be expedited in
every way by such court and any appellate court.
EFFECTIVE AND TERMINATION DATES OF 1997
AMENDMENT
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.
EFFECTIVE DATE OF 1984 AMENDMENT
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.

§ 3118

§ 3118. Park and park monument subsistence resource commissions
(a) Appointment of members; development of
subsistence hunting program; annual review
of program
Within one year from December 2, 1980, 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 section 3115 of this
title 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 December 2, 1980,
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
the 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) Implementation of subsistence hunting program
The Secretary shall promptly implement the
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) Subsistence uses prior to implementation of
subsistence hunting program
Pending the implementation of a program
under subsection (a) of this section, the Secretary shall permit subsistence uses by local

§ 3119

TITLE 16—CONSERVATION

residents in accordance with the provisions of
this subchapter and other applicable Federal
and State law.
(Pub. L. 96–487, title VIII, § 808, Dec. 2, 1980, 94
Stat. 2426.)
REFERENCES IN 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.

§ 3119. Cooperative agreements
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 subchapter.
(Pub. L. 96–487, title VIII, § 809, Dec. 2, 1980, 94
Stat. 2427.)
§ 3120. Subsistence and land use decisions
(a) Factors considered; requirements
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, lease,
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
section 3115 of this title;
(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) Environmental impact statement
If the Secretary is required to prepare an environmental impact statement pursuant to section 4332(2)(C) of title 42, he shall provide the notice and hearing and include the findings required by subsection (a) as part of such environmental impact statement.

Page 2038

(c) State or Native Corporation land selections
and conveyances
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 [43 U.S.C. 1601 et seq.].
(d) Management or disposal of lands
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.
(Pub. L. 96–487, title VIII, § 810, Dec. 2, 1980, 94
Stat. 2427.)
REFERENCES IN TEXT
The Alaska Statehood Act, referred to in subsec. (c),
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 Alaska Native Claims Settlement Act, referred
to in subsec. (c), 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 our under section 1601 of Title 43 and
Tables.
This Act, referred to in subsec. (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 under section 3101 of this title
and Tables.

§ 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.)
REFERENCES IN 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.

§ 3122. Research
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

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TITLE 16—CONSERVATION

§ 3125

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 section 3115 of this title, and other
appropriate persons and organizations.

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.

(Pub. L. 96–487, title VIII, § 812, Dec. 2, 1980, 94
Stat. 2428.)

EFFECTIVE AND TERMINATION DATES OF 1997
AMENDMENT

§ 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.)
TERMINATION OF REPORTING REQUIREMENTS
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.

§ 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.)
AMENDMENTS
1997—Pub. L. 105–83, § 316(b)(8), which directed amendment of section by inserting ‘‘, and the State at any

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.

§ 3125. Limitations and savings clauses
Nothing in this subchapter 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 section 3126 of this title, 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), section 100101(b)(1), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101 of
title 54, the Fur Seal Act of 1966 (80 Stat. 1091;
16 U.S.C. 1187) [16 U.S.C. 1151 et seq.], 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) [16
U.S.C. 668 et seq.], 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 Magnuson-Stevens Fishery Conservation and Management Act (90

§ 3126

TITLE 16—CONSERVATION

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 any amendments to any one or
more of such Acts or such title.
(Pub. L. 96–487, title VIII, § 815, Dec. 2, 1980, 94
Stat. 2429; Pub. L. 96–561, title II, § 238(b), Dec. 22,
1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I,
§ 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat.
3009, 3009–41; Pub. L. 105–83, title III, § 316(b)(9),
(d), Nov. 14, 1997, 111 Stat. 1594, 1595; Pub. L.
113–287, § 5(d)(33), Dec. 19, 2014, 128 Stat. 3267.)
REFERENCES IN TEXT
The National Wildlife Refuge System Administration
Act of 1966, referred to in par. (4), consists of sections
4 and 5 of Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927, as
amended, and is classified to sections 668dd and 668ee of
this title. For further details, see Short Title note set
out under section 668dd of this title.
The Fur Seal Act of 1966, referred to in par. (4), is
Pub. L. 89–702, Nov. 2 1966, 80 Stat. 1091, as amended,
which is classified principally to chapter 24 (§ 1151 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1151 of this title and Tables.
The Endangered Species Act of 1973, referred to in
par. (4), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as
amended, which is classified generally to chapter 35
(§ 1531 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1531 of this title and Tables.
The Marine Mammal Protection Act of 1972, referred
to in par. (4), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat.
1027, as amended, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1361 of this title and Tables.
The Act entitled ‘‘An Act for the Protection of the
Bald Eagle’’, approved June 8, 1940, referred to in par.
(4), is act June 8, 1940, ch. 278, 54 Stat. 250, as amended,
which is classified generally to subchapter II (§ 668 et
seq.) of chapter 5A of this title. For complete classification of this Act to the Code, see Tables.
The Migratory Bird Treaty Act, referred to in par.
(4), is act July 3, 1918, ch. 128, 40 Stat. 755, as amended,
which is classified generally to subchapter II (§ 703 et
seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title
and Tables.
The Federal Aid in Wildlife Restoration Act, referred
to in par. (4), is act Sept. 2, 1937, ch. 899, 50 Stat. 917,
as amended, also known as the Pittman-Robertson
Wildlife Restoration Act, which is classified generally
to chapter 5B (§ 669 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 669 of this title and Tables.
The Magnuson-Stevens Fishery Conservation and
Management Act, referred to in par. (4), is Pub. L.
94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is
classified principally to chapter 38 (§ 1801 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 1801 of
this title and Tables.
The Federal Aid in Fish Restoration Act, referred to
in par. (4), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as
amended, also known as the Dingell-Johnson Sport
Fish Restoration Act and the Fish Restoration and
Management Projects Act, which is classified generally
to chapter 10B (§ 777 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 777 of this title and Tables.
AMENDMENTS
2014—Par. (4). Pub. L. 113–287 substituted ‘‘section
100101(b)(1), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of title 54’’ for ‘‘the National Park
Service Organic Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4)’’
and inserted ‘‘or such title’’ after ‘‘such Acts’’.

Page 2040

1997—Par. (5). Pub. L. 105–83, § 316(b)(9), which directed amendment of section by adding par. (5) reading
as follows: ‘‘prohibiting the Secretary or the State
from entering into co-management agreements with
Alaska Native organizations or other local or regional
entities when such organization or entity is managing
fish and wildlife on public lands in Alaska for subsistence uses.’’, was repealed by Pub. L. 105–83, § 316(d). See
Effective and Termination Dates of 1997 Amendment
note below.
1996—Par. (4). Pub. L. 104–208 substituted ‘‘MagnusonStevens Fishery’’ for ‘‘Magnuson Fishery’’.
1980—Par. (4). Pub. L. 96–561 substituted ‘‘Magnuson
Fishery Conservation and Management Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’.
EFFECTIVE AND TERMINATION DATES OF 1997
AMENDMENT
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.
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided
that the amendment made by that section is effective
15 days after Oct. 11, 1996.
EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat.
3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.

§ 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 popu-

Page 2041

§ 3142

TITLE 16—CONSERVATION

lation. 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.)
REFERENCES IN 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.

SUBCHAPTER III—FEDERAL NORTH SLOPE
LANDS STUDIES, OIL AND GAS LEASING
PROGRAM AND MINERAL ASSESSMENTS
§ 3141. Overall study program
(a) Area designated
The Secretary shall initiate and carry out a
study of all Federal lands (other than submerged
lands on the Outer Continental Shelf) in Alaska
north of 68 degrees north latitude and east of the
western boundary of the National Petroleum Reserve—Alaska, other than lands included in the
National Petroleum Reserve—Alaska and in
conservation system units established by this
Act.
(b) Purposes
The study shall utilize a systematic interdisciplinary approach to—
(1) assess the potential oil and gas resources
of these lands and make recommendations
concerning future use and management of
those resources including an evaluation of alternative transportation routes needed for oil
and gas development;
(2) review the wilderness characteristics, and
make recommendations for wilderness designation, of these lands; and
(3) study, and make recommendations for
protection of, the wildlife resources of these
lands.
(c) Findings
After completion of the study, the Secretary
shall make findings on—
(1) the potential oil and gas resources of
these lands;
(2) the impact of oil and gas development on
the wildlife resources on these lands, particularly the Arctic and Porcupine caribou herds
and the polar bear;
(3) the national need for development of the
oil and gas resources of all or any portion of
these lands;
(4) the national interest in preservation of
the wilderness characteristics of these lands;
and

(5) the national interest in protection of the
wildlife resources of these lands.
(d) Consultations; opportunity for public review
and comment
In the course of the study, the Secretary shall
consult with the Secretary of Energy and other
Federal agencies, the State of Alaska, Native
Village and Regional Corporations, the North
Slope Borough, the Alaska Land Use Council
and the Government of Canada. The Secretary
shall provide an opportunity for public review
and comment on a draft study and proposed
findings prior to their final approval.
(e) Report to President and Congress; annual report to Congress
The Secretary shall submit the study and his
findings to the President and the Congress no
later than eight years after December 2, 1980.
The Secretary shall submit annual reports to
Congress on the progress in carrying out this
subchapter.
(f) Selection and conveyance of land by State
and Natives unaffected
Nothing in this subchapter shall be construed
as impeding, delaying, or otherwise affecting the
selection and conveyance of land to the State
pursuant to the Alaska Statehood Act, or any
other Federal law referred to in section
3102(3)(A) of this title, and to the Natives pursuant to the Alaska Native Claims Settlement Act
[43 U.S.C. 1601 et seq.] and this Act.
(Pub. L. 96–487, title X, § 1001, Dec. 2, 1980, 94
Stat. 2448.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (f), 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.
The Alaska Native Claims Settlement Act, referred
to in subsec. (f), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.
688, 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 subsec. (f),
is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, 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.

§ 3142. Arctic National Wildlife Refuge coastal
plain resource assessment
(a) Purpose
The purpose of this section is to provide for a
comprehensive and continuing inventory and assessment of the fish and wildlife resources of the
coastal plain of the Arctic National Wildlife
Refuge; an analysis of the impacts of oil and gas
exploration, development, and production, and
to authorize exploratory activity within the
coastal plain in a manner that avoids significant
adverse effects on the fish and wildlife and other
resources.
(b) Definitions
As used in this section—
(1) The term ‘‘coastal plain’’ means that
area identified as such in the map entitled