§3120 — Title 16 Conservation | U.S. Code

Summary

Before a federal agency allows a withdrawal, reservation, lease, permit, or other use of public land that would significantly limit subsistence uses, the agency head or their designee must check how the action would affect subsistence needs, whether other lands could serve the same purpose, and what alternatives would reduce taking subsistence lands. If such action would significantly limit subsistence uses, the agency must notify the appropriate State agency and the local committees and regional councils under section 3115, hold a hearing near the area, and make three findings: the restriction is necessary and fits sound land management, it uses the least amount of public land needed, and reasonable steps will be taken to lessen harm to subsistence uses and resources. If an environmental impact statement is required under section 4332(2)(C) of title 42, the notice, hearing, and findings must be included. This does not stop the State or Native Corporations from making land selections or receiving conveyances under the Alaska Statehood Act or the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. After following these procedures and other law, the agency head may manage or dispose of the lands for authorized uses.

Title 16, §3120

Conservation — Source: USLM XML via OLRC

(a)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)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.

(c)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska Statehood Act, referred to in subsec. (c), 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. The Alaska Native Claims Settlement Act, referred to in subsec. (c), 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 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, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see

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note set out under section 3101 of this title and Tables.

§3120 Subsistence and Land Use Decisions

Summary

Title 16, §3120

Notes & Related Subsidiaries

Editorial Notes

References in Text

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