§ 3102. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3102]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 3102. Definitions
As used in this Act (except that in titles IX and XIV the following
terms shall have the same meaning as they have in the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.], and the Alaska Statehood
Act)--
(1) The term ``land'' means lands, waters, and interests
therein.
(2) The term ``Federal land'' means lands the title to which is
in the United States after December 2, 1980.
(3) The term ``public lands'' means land situated in Alaska
which, after December 2, 1980, are Federal lands, except--
(A) land selections of the State of Alaska which have been
tentatively approved or validly selected under the Alaska
Statehood Act and lands which have been confirmed to, validly
selected by, or granted to the Territory of Alaska or the State
under any other provision of Federal law;
(B) land selections of a Native Corporation made under the
Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]
which have not been conveyed to a Native Corporation, unless any
such selection is determined to be invalid or is relinquished;
and
(C) lands referred to in section 19(b) of the Alaska Native
Claims Settlement Act [43 U.S.C. 1618(b)].
(4) The term ``conservation system unit'' means any unit in
Alaska of the National Park System, National Wildlife Refuge System,
National Wild and Scenic Rivers Systems, National Trails System,
National Wilderness Preservation System, or a National Forest
Monument including existing units, units established, designated, or
expanded by or under the provisions of this Act, additions to such
units, and any such unit established, designated, or expanded
hereafter.
(5) The term ``Alaska Native Claims Settlement Act'', means ``An
Act to provide for the settlement of certain land claims of Alaska
Natives, and for other purposes'', approved December 18, 1971 (85
Stat. 688), as amended [43 U.S.C. 1601 et seq.].
(6) The term ``Native Corporation'' means any Regional
Corporation, any Village Corporation, any Urban Corporation, and any
Native Group.
(7) The term ``Regional Corporation'' has the same meaning as
such term has under section 3(g) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1602(g)].
(8) The term ``Village Corporation'' has the same meaning as
such term has under section 3(j) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1602(j)].
(9) The term ``Urban Corporation'' means those Native entities
which have incorporated pursuant to section 14(h)(3) of the Alaska
Native Claims Settlement Act [43 U.S.C. 1613(h)(3)].
(10) The term ``Native Group'' has the same meaning as such term
has under sections 3(d) and 14(h)(2) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1602(d) and 1613(h)(2)].
(11) The term ``Native land'' means land owned by a Native
Corporation or any Native Group and includes land which, as of
December 2, 1980, had been selected under the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.] by a Native Corporation or
Native Group and had not been conveyed by the Secretary (except to
the extent such selection is determined to be invalid or has been
relinquished) and land referred to in section 19(b) of the Alaska
Native Claims Settlement Act [43 U.S.C. 1618(b)].
(12) The term ``Secretary'' means the Secretary of the Interior,
except that when such term is used with respect to any unit of the
National Forest System, such term means the Secretary of
Agriculture.
(13) The terms ``wilderness'' and ``National Wilderness
Preservation System'' have the same meaning as when used in the
Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.].
(14) The term ``Alaska Statehood Act'' means the Act entitled
``An Act to provide for the admission of the State of Alaska into
the Union'', approved July 7, 1958 (72 Stat. 339), as amended.
(15) The term ``State'' means the state of Alaska.
(16) The term ``Alaska Native'' or ``Native'' has the same
meaning as the term ``Native'' has in section 3(b) of the Alaska
Native Claims Settlement Act [43 U.S.C. 1602(b)].
(17) The term ``fish and wildlife'' means any member of the
animal kingdom, including without limitation any mammal, fish, bird
(including any migratory, nonmigratory or endangered bird for which
protection is also afforded by treaty or other international
agreement), amphibian, reptile, mollusk, crustacean, arthropod or
other invertebrate, and includes any part, product, egg, or
offspring thereof, or the dead body or part thereof.
(18) The term ``take'' or ``taking'' as used with respect to
fish or wildlife, means to pursue, hunt, shoot, trap, net capture,
collect, kill, harm, or attempt to engage in any such conduct.
(Pub. L. 96-487, title I, Sec. 102, Dec. 2, 1980, 94 Stat. 2375; Pub. L.
105-83, title III, Sec. 316(b)(2), (d), Nov. 14, 1997, 111 Stat. 1592,
1595.)
References in Text
This Act, referred to in provision preceding par. (1) and in par.
(4), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known
as the Alaska National Interest Lands Conservation Act. Title IX of this
Act enacted sections 1631 to 1638 of Title 43, Public Lands, amended
sections 1614 and 1620 of Title 43, and amended provisions set out as
notes under section 1611 of Title 43 and preceding section 21 of Title
48, Territories and Insular Possessions. Title XIV of this Act enacted
sections 1639 to 1641 of Title 43, amended sections 1602, 1606, 1607,
1611, 1613, 1620, and 1621 of Title 43, enacted provisions set out as
notes under sections 1605, 1613, and 1618 of Title 43, and amended
provisions set out as notes under sections 1611 and 1613 of Title 43.
For complete classification of this Act to the Code, see Short Title
note set out under section 3101 of this title and Tables.
The Alaska Native Claims Settlement Act, referred to in provision
preceding par. (1) and in pars. (3)(B), (C)(5), and (11), is Pub. L. 92-
203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified
generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands.
For complete classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 43 and Tables.
The Alaska Statehood Act, referred to in provision preceding par.
(1) and in pars. (3)(A) and (14), is Pub. L. 85-508, July 7, 1958, 72
Stat. 339, as amended, 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 Wilderness Act, referred to in par. (13), is Pub. L. 88-577,
Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally
to chapter 23 (Sec. 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
Amendments
1997--Par. (2). Pub. L. 105-83, Sec. 316(b)(2), which directed the
amendment of par. (2) generally, to read as follows: ``The term `Federal
land' means lands the title to which is in the United States after
December 2, 1980. `Federal land' does not include lands the title to
which is in the State, an Alaska Native corporation, or other private
ownership.'', was repealed by Pub. L. 105-83, Sec. 316(d). See Effective
and Termination Dates of 1997 Amendment note below.
Effective and Termination Dates of 1997 Amendment
Section 316(d) of Pub. L. 105-83 provided that: ``Unless and until
laws are adopted in the State of Alaska which provide for the
definition, preference, and participation specified in sections 803,
804, and 805 [sections 3113 to 3115 of this title] of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), the
amendments made by subsection (b) of this section [amending this section
and sections 3111, 3113 to 3115, 3117, 3124, and 3125 of this title]
shall be effective only for the purposes of determining whether the
State's laws provide for such definition, preference, and participation.
The Secretary shall certify before December 1, 1998 if such laws have
been adopted in the State of Alaska. Subsection (b) shall be repealed on
such date if such laws have not been adopted.'' [The State of Alaska did
not adopt laws specified above by Dec. 1, 1998.]
Savings Clause
Section 316(c) of Pub. L. 105-83 provided that: ``No provision of
this section [amending this section and sections 3111, 3113 to 3115,
3117, 3124, and 3125 of this title and enacting provisions set out as
notes under this section], amendment made by this section, or exercise
of authority pursuant to this section may be construed to validate,
invalidate, or in any way affect--
``(1) any assertion that an Alaska Native organization
(including a federally recognized tribe, traditional Alaska Native
council, or Alaska Native council organized pursuant to the Act of
June 18, 1934 (25 U.S.C. 461 et seq.), as amended) has or does not
have governmental authority over lands (including management of, or
regulation of the taking of, fish and wildlife) or persons within
the boundaries of the State of Alaska;
``(2) any assertion that Indian country, as defined in section
1151 of title 18, United States Code, exists or does not exist
within the boundaries of the State of Alaska;
``(3) any assertion that the Alaska National Interest Lands
Conservation Act, as amended (16 U.S.C. 3101 et seq.) is or is not
Indian law; or
``(4) the authority of the Secretary of the Interior under
section 1314(c) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3202(c)).''
Moratorium on Federal Management of Subsistence Uses in Alaska
Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 339], Oct. 21,
1998, 112 Stat. 2681-231, 2681-295, provided that:
[``(a) Repealed. Pub. L. 105-277, div. A, Sec. 101(e) [title III,
Sec. 339(b)(2)], Oct. 21, 1998, 112 Stat. 2681-231, 2681-295]
``(b) Subsection (a) Repealed.--
``(1) The Secretary of the Interior shall certify before October
1, 1999, if a bill or resolution has been passed by the Alaska State
Legislature to amend the Constitution of the State of Alaska that,
if approved by the electorate, would enable the implementation of
state laws of general applicability consistent with, and which
provide for the definition, preference, and participation specified
in sections 803, 804, and 805 of the Alaska National Interest Lands
Conservation Act [16 U.S.C. 3113, 3114, 3115].
``(2) Subsection (a) shall be repealed on October 1, 1999,
unless prior to that date the Secretary of the Interior makes such a
certification described in paragraph (1). [A certification was not
made prior to Oct. 1, 1999.]
``(c) Technical Amendments to the Alaska National Interest Lands
Conservation Act.--[Amended section 3115 of this title.]
``(d) Effect on Tidal and Submerged Land.--Nothing in this section
invalidates, validates, or in any other way affects any claim of the
State of Alaska to title to any tidal or submerged land in Alaska.''
Section 316(a) of Pub. L. 105-83 provided that: ``None of the funds
made available to the Department of the Interior or the Department of
Agriculture by this or any other Act hereafter enacted may be used prior
to December 1, 1998 to issue or implement final regulations, rules, or
policies pursuant to title VIII of the Alaska National Interest Lands
Conservation Act [16 U.S.C. 3111 et seq.] to assert jurisdiction,
management, or control over the navigable waters transferred to the
State of Alaska pursuant to the Submerged Lands Act of 1953 [43 U.S.C.
1301 et seq.] or the Alaska Statehood Act of 1959 [Pub. L. 85-508, set
out as a note preceding section 21 of Title 48, Territories and Insular
Possessions].''
Section Referred to in Other Sections
This section is referred to in sections 823c, 3141 of this title;
title 43 sections 1611, 1732; title 45 section 1202.
