§ 3120. — Subsistence and land use decisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3120]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER II--SUBSISTENCE MANAGEMENT AND USE
Sec. 3120. Subsistence and land use decisions
(a) Factors considered; requirements
In determining whether to withdraw, reserve, lease, or otherwise
permit the use, occupancy, or disposition of public lands under any
provision of law authorizing such actions, the head of the Federal
agency having primary jurisdiction over such lands or his designee shall
evaluate the effect of such use, occupancy, or disposition on
subsistence uses and needs, the availability of other lands for the
purposes sought to be achieved, and other alternatives which would
reduce or eliminate the use, occupancy, or disposition of public lands
needed for subsistence purposes. No such withdrawal, reservation, lease,
permit, or other use, occupancy or disposition of such lands which would
significantly restrict subsistence uses shall be effected until the head
of such Federal agency--
(1) gives notice to the appropriate State agency and the
appropriate local committees and regional councils established
pursuant to section 3115 of this title;
(2) gives notice of, and holds, a hearing in the vicinity of the
area involved; and
(3) determines that (A) such a significant restriction of
subsistence uses is necessary, consistent with sound management
principles for the utilization of the public lands, (B) the proposed
activity will involve the minimal amount of public lands necessary
to accomplish the purposes of such use, occupancy, or other
disposition, and (C) reasonable steps will be taken to minimize
adverse impacts upon subsistence uses and resources resulting from
such actions.
(b) Environmental impact statement
If the Secretary is required to prepare an environmental impact
statement pursuant to section 4332(2)(C) of title 42, he shall provide
the notice and hearing and include the findings required by subsection
(a) of this section as part of such environmental impact statement.
(c) State or Native Corporation land selections and conveyances
Nothing herein shall be construed to prohibit or impair the ability
of the State or any Native Corporation to make land selections and
receive land conveyances pursuant to the Alaska Statehood Act or the
Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
(d) Management or disposal of lands
After compliance with the procedural requirements of this section
and other applicable law, the head of the appropriate Federal agency may
manage or dispose of public lands under his primary jurisdiction for any
of those uses or purposes authorized by this Act or other law.
(Pub. L. 96-487, title VIII, Sec. 810, Dec. 2, 1980, 94 Stat. 2427.)
References in Text
The Alaska Statehood Act, referred to in subsec. (c), 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 Alaska Native Claims Settlement Act, referred to in subsec. (c),
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 our under section 1601 of Title 43 and Tables.
This Act, referred to in subsec. (d), is Pub. L 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of this title and
Tables.
Section Referred to in Other Sections
This section is referred to in title 43 section 1732.
