Title 16, ConservationRelease 119-110

§539b Fisheries on National Forest Lands in Alaska

Title 16 › CHAPTER 2 — NATIONAL FORESTS › SUBCHAPTER I — ESTABLISHMENT AND ADMINISTRATION › § 539b

Last updated Sep 22, 2026|Official source

Summary

The Agriculture Secretary must make rules, working with the Commerce and Interior Departments and the State of Alaska, to protect and keep healthy the habitat of anadromous fish and other foodfish on national forest lands in Alaska when mining could affect those areas. He must use his current power to manage surface resources and must check how mining will affect fish populations when he makes these decisions. For mining in the Quartz Hill area of the Tongass National Forest, any operation that causes major surface disturbance must follow an approved plan. Before approving a plan, the Agriculture Secretary, again with the other federal departments and the State, must find that the plan has enough studies and information to judge water quality and quantity, fish habitat, and how sensitive the habitat is at different fish life stages. The plan must identify risks and benefits to fish stability and productivity, include measures to prevent big harm and to keep habitat productive, and not block collecting needed baseline data. The Secretary will review plans and activities at least annually and can require changes after notice and hearing if harm is found. If an activity threatens irreparable harm and needs immediate correction, the Secretary can suspend that activity for up to seven days; it may resume after seven days unless a U.S. district court orders otherwise. Nothing here changes the State of Alaska’s power to manage fish and wildlife, and, except for the seven-day suspension rule, it does not change the Agriculture Secretary’s forest management authority.

Full Legal Text

Title 16, §539b

Conservation, Source: USLM XML via OLRC

(a)Regulations for protection and maintenance of habitats

The Secretary of Agriculture shall, in consultation with the Secretaries of Commerce and the Interior, and with the State of Alaska, pursuant to his existing authority to manage surface resources, promulgate such reasonable regulations as he determines necessary after consideration of existing laws and regulations to maintain the habitats, to the maximum extent feasible, of anadromous fish and other foodfish, and to maintain the present and continued productivity of such habitat when such habitats are affected by mining activities on national forest lands in Alaska. The Secretary of Agriculture, in consultation with the State, shall assess the effects on the populations of such fish in determinations made pursuant to this subsection.

(b)Approved plan for mining operations; requirements; review; modification; suspension of activities

Because of the large scale of contemplated mining operations and the proximity of such operations to important fishery resources, with respect to mining operations in the Quartz Hill area of the Tongass National Forest, the regulations of the Secretary shall, pursuant to this subsection, include a requirement that all mining operations involving significant surface disturbance shall be in accordance with an approved plan of operations. Before approving any proposed plan or distinct stages of such plan of operations for any such claims when any fishery habitat or fishery value may be affected, the Secretary shall, in consultation with the Secretaries of Commerce and the Interior and the State of Alaska, determine—

(1)that such plan or stages of such plan are based upon and shall include studies or information which he determines are adequate for—

(A)evaluating the water quality and water quantity, fishery habitat, and other fishery values of the affected area; and

(B)evaluating to the maximum extent feasible and relevant, the sensitivity to environmental degradation from activities carried out under such plan of the fishery habitat as it affects the various life stages of anadromous fish and other foodfish and their major food chain components;

(2)that such plan adequately identifies the risks the operations under such plan or such stages might pose to and the benefits the operations under such plan might provide to—

(A)the natural stability and the present and continued productivity of anadromous fish and other foodfish;

(B)fishery habitat, including but not limited to water quality and water quantity; and

(C)other fishery values;

(3)that such plan includes provisions which he determines are adequate for the purposes of—

(A)preventing significant adverse environmental impacts to the fishery habitat (including but not limited to water quality and water quantity) or other fishery values; and

(B)maintaining present and continued productivity of the habitat of anadromous fish and other foodfish which might be affected by the mining and other activities proposed to be conducted in accordance with such plan or such stages of the plan of operations;

(4)(A)the Secretary shall ensure, to the maximum extent feasible, that the cumulative effects of activities carried out under the operating plan will not interfere with the ability to collect baseline information needed by the Secretary to evaluate the effects of various stages of the operating plan on the fishery habitat and productivity of such habitats;

(B)the Secretary shall review such plan and mining activities on at least an annual basis. With respect to any mining or associated activities, the Secretary, if he determines upon notice and hearing, that the activities are harmful to the continued productivity of anadromous fish, or other foodfish populations or fishery habitat, shall require a modification of the plan to eliminate or mitigate, if necessary, the harmful effects of such activities; and

(5)upon a finding by the Secretary that a mining activity conducted as a part of a mining operation exists which constitutes a threat of irreparable harm to anadromous fish, or other foodfish populations or their habitat, and that immediate correction is required to prevent such harm, he may require such activity to be suspended for not to exceed seven days, provided the activity may be resumed at the end of said seven-day period unless otherwise required by a United States district court.

(c)Authority of State of Alaska to manage fish and wildlife

Nothing in this section shall enlarge or diminish the responsibility and authority of the State of Alaska to manage fish and wildlife or to exercise its other responsibilities under applicable law.

(d)Authority of Secretary of Agriculture to manage national forests

Except as specifically provided in subsection (b)(5), nothing in this section shall enlarge or diminish the responsibilities and authorities of the Secretary of Agriculture to manage the national forests.

Reference

Citations & Metadata

Citation

16 U.S.C. § 539b

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110