16 U.S.C. § 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)

section 3115 of this title gives notice to the appropriate State agency and the appropriate local committees and regional councils established pursuant to ;

(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

section 4332(2)(C) of title 42If the Secretary is required to prepare an environmental impact statement pursuant to , he shall provide the notice and hearing and include the findings required by subsection (a) as part of such environmental impact statement.

(c)

State or Native Corporation land selections and conveyances

43 U.S.C. 1601Nothing 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 [ 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, § 810Dec. 2, 198094 Stat. 2427(, , .)

Editorial Notes

References in Text

Pub. L. 85–508July 7, 195872 Stat. 339 section 21 of Title 48The Alaska Statehood Act, referred to in subsec. (c), is , , , which is set out as a note preceding , Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.

Pub. L. 92–203Dec. 18, 197185 Stat. 688 section 1601 of Title 43The Alaska Native Claims Settlement Act, referred to in subsec. (c), is , , , which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set our under and Tables.

Dec. 2, 198094 Stat. 2371 section 3101 of this titleThis Act, referred to in subsec. (d), is Pub. L 96–487, , , 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 and Tables.