§3117 Judicial enforcement

Summary

People and groups who are harmed because the State or Federal government did not give subsistence users the priority required under section 3114 can sue in the U.S. District Court for the District of Alaska after they first use any available state or federal appeals or remedies. If the State is sued, the Secretary may be added to the case. The court can order short-term emergency relief if the facts support it, but only after a hearing. For final relief against a State, the court must tell the State to write rules that meet section 3114. If the court approves those rules, they become part of the final court order and the order lasts only as long as the rules would normally last under State law. People or groups who win these cases must be paid their court costs and attorney fees. This is the only federal court remedy created under this part of the law for those upset about a State’s failure to provide the subsistence priority.