§3120 Subsistence and land use decisions

Summary

Federal agency leaders must check how any proposed withdrawal, reservation, lease, permit, or other use of public land will affect people who depend on the land for subsistence. They must look for other lands and other ways to meet the same goals that would avoid using land needed for subsistence. If a proposed action would significantly limit subsistence uses, the agency must notify the state agency and the local committees and regional councils created under section 3115, hold a local hearing, and conclude that the restriction is necessary and fits good land‑management, uses only the smallest amount of land needed, and will include reasonable steps to reduce harm to subsistence uses and resources. If the Secretary must prepare an environmental impact statement under 42 U.S.C. 4332(2)(C), the notice, hearing, and those conclusions must be included in that statement. The rule does not stop the State or any Alaska Native Corporation from making land selections or getting land under the Alaska Statehood Act or the Alaska Native Claims Settlement Act. After following these procedures and other law, the agency may manage or dispose of the public land as allowed by law.