§ 3170. — Special access and access to inholdings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3170]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND
ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3170. Special access and access to inholdings
(a) Use of snowmachines, motorboats, airplanes, nonmotorized surface
transportation, etc. for traditional activities and for travel
Notwithstanding any other provision of this Act or other law, the
Secretary shall permit, on conservation system units, national
recreation areas, and national conservation areas, and those public
lands designated as wilderness study, the use of snowmachines (during
periods of adequate snow cover, or frozen river conditions in the case
of wild and scenic rivers), motorboats, airplanes, and nonmotorized
surface transportation methods for traditional activities (where such
activities are permitted by this Act or other law) and for travel to and
from villages and homesites. Such use shall be subject to reasonable
regulations by the Secretary to protect the natural and other values of
the conservation system units, national recreation areas, and national
conservation areas, and shall not be prohibited unless, after notice and
hearing in the vicinity of the affected unit or area, the Secretary
finds that such use would be detrimental to the resource values of the
unit or area. Nothing in this section shall be construed as prohibiting
the use of other methods of transportation for such travel and
activities on conservation system lands where such use is permitted by
this Act or other law.
(b) Right of access to State or private owner or occupier
Notwithstanding any other provisions of this Act or other law, in
any case in which State owned or privately owned land, including
subsurface rights of such owners underlying public lands, or a valid
mining claim or other valid occupancy is within or is effectively
surrounded by one or more conservation system units, national recreation
areas, national conservation areas, or those public lands designated as
wilderness study, the State or private owner or occupier shall be given
by the Secretary such rights as may be necessary to assure adequate and
feasible access for economic and other purposes to the concerned land by
such State or private owner or occupier and their successors in
interest. Such rights shall be subject to reasonable regulations issued
by the Secretary to protect the natural and other values of such lands.
(Pub. L. 96-487, title XI, Sec. 1110, Dec. 2, 1980, 94 Stat. 2464.)
References in Text
This Act, referred to in text, 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 section 460mm-3 of this title.
