Exhaustion of administrative remedies; civil action; parties; preliminary injunctive relief; other relief; costs and attorney’s fees
section 3114 of this titlesection 3115(d) of this titlesection 3114 of this titleLocal 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 (or with respect to the State as set forth in a State law of general applicability if the State has fulfilled the requirements of ) may, upon exhaustion of any State or 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 ; 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 issue. 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.
Pub. L. 98–620, title IV, § 402(22)(A)98 Stat. 3358 Repealed. , ,
Section as sole Federal judicial remedy
section 3114 of this titleThis 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 .
Pub. L. 96–487, title VII, § 80794 Stat. 2426Pub. L. 98–620, title IV, § 402(22)(A)98 Stat. 3358Pub. L. 105–83, title III, § 316(b)(7)111 Stat. 1594(, , ; , , ; , (d), , , 1595.)
Editorial Notes
Amendments
Pub. L. 105–83, § 316(b)(7)Pub. L. 105–83, § 316(d)1997—Subsec. (b). , 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 . See Effective and Termination Dates of 1997 Amendments note below.
Pub. L. 98–6201984—Subsec. (b). 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.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1997 Amendment
Pub. L. 105–83section 316(d) of Pub. L. 105–83section 3102 of this titleUntil laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by was effective only for purpose of determining whether State’s laws provide for such definition, preference, and participation, and such amendment was repealed on , because such laws had not been adopted, see set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–620section 403 of Pub. L. 98–620section 1657 of Title 28Amendment by not applicable to cases pending on , see , set out as an Effective Date note under , Judiciary and Judicial Procedure.