§ 3117. — Judicial enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3117]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3117. Judicial enforcement
(a) Exhaustion of administrative remedies; civil action; parties;
preliminary injunctive relief; other relief; costs and
attorney's fees
Local residents and other persons and organizations aggrieved by a
failure of the State or the Federal Government to provide for the
priority for subsistence uses set forth in section 3114 of this title
(or with respect to the State as set forth in a State law of general
applicability if the State has fulfilled the requirements of section
3115(d) of this title) may, upon exhaustion of any State of Federal (as
appropriate) administrative remedies which may be available, file a
civil action in the United States District Court for the District of
Alaska to require such actions to be taken as are necessary to provide
for the priority. In a civil action filed against the State, the
Secretary may be joined as a party to such action. The court may grant
preliminary injunctive relief in any civil action if the granting of
such relief is appropriate under the facts upon which the action is
based. No order granting preliminary relief shall be issued until after
an opportunity for hearing. In a civil action filed against the State,
the court shall provide relief, other than preliminary relief, by
directing the State to submit regulations which satisfy the requirements
of section 3114 of this title; when approved by the court, such
regulations shall be incorporated as part of the final judicial order,
and such order shall be valid only for such period of time as normally
provided by State law for the regulations at issued. Local residents and
other persons and organizations who are prevailing parties in an action
filed pursuant to this section shall be awarded their costs and
attorney's fees.
(b) Repealed. Pub. L. 98-620, title IV, Sec. 402(22)(A), Nov. 8, 1984,
98 Stat. 3358
(c) Section as sole Federal judicial remedy
This section is the sole Federal judicial remedy created by this
subchapter for local residents and other residents who, and
organizations which, are aggrieved by a failure of the State to provide
for the priority of subsistence uses set forth in section 3114 of this
title.
(Pub. L. 96-487, title VII, Sec. 807, Dec. 2, 1980, 94 Stat. 2426; Pub.
L. 98-620, title IV, Sec. 402(22)(A), Nov. 8, 1984, 98 Stat. 3358; Pub.
L. 105-83, title III, Sec. 316(b)(7), (d), Nov. 14, 1997, 111 Stat.
1594, 1595.)
Amendments
1997--Subsec. (b). Pub. L. 105-83, Sec. 316(b)(7), which directed
amendment of section by adding subsec. (b) reading as follows: ``State
agency actions may be declared invalid by the court only if they are
arbitrary, capricious, or an abuse of discretion, or otherwise not in
accordance with law. When reviewing any action within the specialized
knowledge of a State agency, the court shall give the decision of the
State agency the same deference it would give the same decision of a
comparable Federal agency.'', was repealed by Pub. L. 105-83,
Sec. 316(d). See Effective and Termination Dates of 1997 Amendments note
below.
1984--Subsec. (b). Pub. L. 98-620 struck out subsec. (b) which had
provided that a civil action filed pursuant to this section was to be
assigned for hearing at the earliest possible date, was to take
precedence over other matters pending on the docket of the United States
district court at that time, and was to be expedited in every way by
such court and any appellate court.
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.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of Title 28, Judiciary and Judicial Procedure.
