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§ 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.



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