§3115 — Title 16 Conservation | U.S. Code

Summary

The Secretary, working with the State, must set up at least six Alaska subsistence regions that together cover all public lands. Each region must match local differences in how people use fish and wildlife. The Secretary must create a regional advisory council for each region and, if needed, local advisory committees where State committees do not work. Councils must review rules and plans, give people a place to share views, promote local and regional involvement in subsistence decisions, and send an annual report to the Secretary that says what uses and needs exist now and are expected, recommends a management strategy, and suggests policies and rules. State or local advisory committees can help the councils. The Secretary must assign qualified staff and share technical and scientific data with the councils and committees. The Secretary must consider council reports when making monitoring or other decisions, but can reject a recommendation if it lacks strong evidence, breaks conservation principles, or would hurt subsistence needs, and must explain the factual reasons. If the State makes and uses its own matching laws under sections 3113–3115, the State system can replace the federal one. The State must let regional councils give recommendations and evidence to its rulemaking process, and must explain any rejections. The Secretary may pay up to 50% of verified costs to run the State councils and committees, but payments cannot exceed $5,000,000 in any one fiscal year, and the Secretary must report to Congress at least once every five years about whether that cap is adequate.

Title 16, §3115

Conservation — Source: USLM XML via OLRC

(a)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.

(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)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 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)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, section 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)(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 section 3114 of this title.

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1997 AmendmentUntil 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 CouncilsAdvisory 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 section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§3115 Local and Regional Participation