§ 3115. — Local and regional participation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3115]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3115. Local and regional participation
(a) Establishment of subsistence resources regions, local advisory
committees, and regional advisory councils; membership, duties,
and authority of regional advisory councils
Except as otherwise provided in subsection (d) of this section, the
Secretary in consultation with the State shall establish--
(1) at least six Alaska subsistence resource regions which,
taken together, include all public lands. The number and boundaries
of the regions shall be sufficient to assure that regional
differences in subsistence uses are adequately accommodated;
(2) such local advisory committees within each region as he
finds necessary at such time as he may determine, after notice and
hearing, that the existing State fish and game advisory committees
do not adequately perform the functions of the local committee
system set forth in paragraph (3)(D)(iv) of this subsection; and
(3) a regional advisory council in each subsistence resource
region.
Each regional advisory council shall be composed of residents of the
region and shall have the following authority:
(A) the review and evaluation of proposals for regulations,
policies, management plans, and other matters relating to
subsistence uses of fish and wildlife within the region;
(B) the provision of a forum for the expression of opinions and
recommendations by persons interested in any matter related to
subsistence uses of fish and wildlife within the region;
(C) the encouragement of local and regional participation
pursuant to the provisions of this subchapter in the decisionmaking
process affecting the taking of fish and wildlife on the public
lands within the region for subsistence uses;
(D) the preparation of an annual report to the Secretary which
shall contain--
(i) an identification of current and anticipated subsistence
uses of fish and wildlife populations within the region;
(ii) an evaluation of current and anticipated subsistence
needs for fish and wildlife populations within the region;
(iii) a recommended strategy for the management of fish and
wildlife populations within the region to accommodate such
subsistence uses and needs; and
(iv) recommendations concerning policies, standards,
guidelines, and regulations to implement the strategy. The State
fish and game advisory committees or such local advisory
committees as the Secretary may establish pursuant to paragraph
(2) of this subsection may provide advice to, and assist, the
regional advisory councils in carrying out the functions set
forth in this paragraph.
(b) Assignment of staff and distribution of data
The Secretary shall assign adequate qualified staff to the regional
advisory councils and make timely distribution of all available relevant
technical and scientific support data to the regional advisory councils
and the State fish and game advisory committees or such local advisory
committees as the Secretary may establish pursuant to paragraph (2) of
subsection (a) of this section.
(c) Consideration of reports and recommendations of regional advisory
councils
The Secretary, in performing his monitoring responsibility pursuant
to section 3116 of this title and in the exercise of his closure and
other administrative authority over the public lands, shall consider the
report and recommendations of the regional advisory councils concerning
the taking of fish and wildlife on the public lands within their
respective regions for subsistence uses. The Secretary may choose not to
follow any recommendation which he determines is not supported by
substantial evidence, violates recognized principles of fish and
wildlife conservation, or would be detrimental to the satisfaction of
subsistence needs. If a recommendation is not adopted by the Secretary,
he shall set forth the factual basis and the reasons for his decision.
(d) Supersedure by enactment and implementation of State laws governing
State responsibility; consideration of recommendations by State
rulemaking authority
The Secretary shall not implement subsections (a), (b), and (c) of
this section if the State enacts and implements laws of general
applicability which are consistent with, and which provide for the
definition, preference, and participation specified in, sections 3113,
3114, and 3115 of this title, such laws, unless and until repealed,
shall supersede such sections insofar as such sections govern State
responsibility pursuant to this subchapter for the taking of fish and
wildlife on the public lands for subsistence uses. Laws establishing a
system of local advisory committees and regional advisory councils
consistent with this section shall provide that the State rulemaking
authority shall consider the advice and recommendations of the regional
councils concerning the taking of fish and wildlife populations on
public lands within their respective regions for subsistence uses. The
regional councils may present recommendations, and the evidence upon
which such recommendations are based, to the State rulemaking authority
during the course of the administrative proceedings of such authority.
The State rulemaking authority may choose not to follow any
recommendation which it determines is not supported by substantial
evidence presented during the course of its administrative proceedings,
violates recognized principles of fish and wildlife conservation or
would be detrimental to the satisfaction of rural subsistence needs. If
a recommendation is not adopted by the State rulemaking authority, such
authority shall set forth the factual basis and the reasons for its
decision.
(e) Reimbursement to State; limitation; report to Congress
(1) The Secretary shall reimburse the State, from funds appropriated
to the Department of the Interior for such purposes, for reasonable
costs relating to the establishment and operation of the regional
advisory councils established by the State in accordance with subsection
(d) of this section and the operation of the State fish and game
advisory committees so long as such committees are not superseded by the
Secretary pursuant to paragraph (2) of subsection (a) of this section.
Such reimbursement may not exceed 50 per centum of such costs in any
fiscal year. Such costs shall be verified in a statement which the
Secretary determines to be adequate and accurate. Sums paid under this
subsection shall be in addition to any grants, payments, or other sums
to which the State is entitled from appropriations to the Department of
the Interior.
(2) Total payments to the State under this subsection shall not
exceed the sum of $5,000,000 in any one fiscal year. The Secretary shall
advise the Congress at least once in every five years as to whether or
not the maximum payments specified in this subsection are adequate to
ensure the effectiveness of the program established by the State to
provide the preference for subsistence uses of fish and wildlife set
forth in section 3114 of this title.
(Pub. L. 96-487, title VIII, Sec. 805, Dec. 2, 1980, 94 Stat. 2424; Pub.
L. 105-83, title III, Sec. 316(b)(6), (d), Nov. 14, 1997, 111 Stat.
1593, 1595; Pub. L. 105-277, div. A, Sec. 101(e) [title III,
Sec. 339(c)], Oct. 21, 1998, 112 Stat. 2681-231, 2681-296.)
Amendments
1998--Subsec. (a). Pub. L. 105-277, Sec. 101(e) [title III,
Sec. 339(c)(1)], struck out ``one year after December 2, 1980,'' before
``the Secretary'' in introductory provisions.
Subsec. (d). Pub. L. 105-277, Sec. 101(e) [title III,
Sec. 339(c)(2)], struck out ``within one year from December 2, 1980,''
before ``the State enacts'' in first sentence.
1997--Subsec. (a). Pub. L. 105-83, Sec. 316(b)(6)(A), which directed
the amendment of subsec. (a) by striking out ``one year after December
2, 1980,'' before ``the Secretary'' in introductory provisions, was
repealed by Pub. L. 105-83, Sec. 316(d). See Effective and Termination
Dates of 1997 Amendment note below.
Subsec. (d). Pub. L. 105-83, Sec. 316(b)(6)(B), which directed the
amendment of subsec. (d) generally to provide for supersedure by
enactment and implementation of State laws governing State
responsibility, consideration of recommendations by State rulemaking
authority, and for the creation of regional advisory councils, 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.
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided for by law. See sections 3(2) and 14 of
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 3117, 3118, 3120, 3122, 3123
of this title.
