§ 3111. — Congressional declaration of findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3111]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3111. Congressional declaration of findings
The Congress finds and declares that--
(1) the continuation of the opportunity for subsistence uses by
rural residents of Alaska, including both Natives and non-Natives,
on the public lands and by Alaska Natives on Native lands is
essential to Native physical, economic, traditional, and cultural
existence and to non-Native physical, economic, traditional, and
social existence.
(2) the situation in Alaska is unique in that, in most cases, no
practical alternative means are available to replace the food
supplies and other items gathered from fish and wildlife which
supply rural residents dependent on subsistence uses;
(3) continuation of the opportunity for subsistence uses of
resources on public and other lands in Alaska is threatened by the
increasing population of Alaska, with resultant pressure on
subsistence resources, by sudden decline in the populations of some
wildlife species which are crucial subsistence resources, by
increased accessibility of remote areas containing subsistence
resources, and by taking of fish and wildlife in a manner
inconsistent with recognized principles of fish and wildlife
management;
(4) in order to fulfill the policies and purposes of the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and as a
matter of equity, it is necessary for the Congress to invoke its
constitutional authority over Native affairs and its constitutional
authority under the property clause and the commerce clause to
protect and provide the opportunity for continued subsistence uses
on the public lands by Native and non-Native rural residents; and
(5) the national interest in the proper regulation, protection,
and conservation of fish and wildlife on the public lands in Alaska
and the continuation of the opportunity for a subsistence way of
life by residents of rural Alaska require that an administrative
structure be established for the purpose of enabling rural residents
who have personal knowledge of local conditions and requirements to
have a meaningful role in the management of fish and wildlife and of
subsistence uses on the public lands in Alaska.
(Pub. L. 96-487, title VIII, Sec. 801, Dec. 2, 1980, 94 Stat. 2422; Pub.
L. 105-83, title III, Sec. 316(b)(3), (d), Nov. 14, 1997, 111 Stat.
1592, 1595.)
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (4), 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.
Amendments
1997--Pub. L. 105-83, Sec. 316(b)(3), which directed the designation
of existing provisions as subsec. (a) and the addition of subsec. (b)
relating to further congressional findings as to subsistence use of
public lands by rural residents of Alaska, 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
Until 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.
