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§ 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.



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