-CITE- 16 USC CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION -HEAD- CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 3101. Congressional statement of purpose. 3102. Definitions. 3103. Maps. SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE 3111. Congressional declaration of findings. 3112. Congressional statement of policy. 3113. Definitions. 3114. Preference for subsistence uses. 3115. Local and regional participation. 3116. Federal monitoring; reports to State and Congressional committees. 3117. Judicial enforcement. 3118. Park and park monument subsistence resource commissions. 3119. Cooperative agreements. 3120. Subsistence and land use decisions. 3121. Rural residents engaged in subsistence uses. 3122. Research. 3123. Periodic reports. 3124. Regulations. 3125. Limitations and savings clauses. 3126. Closure to subsistence uses. SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS 3141. Overall study program. 3142. Arctic National Wildlife Refuge coastal plain resource assessment. 3143. Production of oil and gas from Arctic National Wildlife Refuge prohibited. 3144. Wilderness portion of study. 3145. Wildlife resources portion of study and impact of potential oil spills in Arctic Ocean. 3146. Transportation alternatives portion of study. 3147. Arctic research study. 3148. Oil and gas leasing program for non-North Slope Federal lands. 3149. Oil and gas lease applications. 3150. Alaska mineral resource assessment program. 3151. Omitted. SUBCHAPTER IV - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS 3161. Congressional declaration of findings. 3162. Definitions. 3163. Effect on other laws. 3164. Procedural requirements. 3165. Standards for granting certain authorizations. 3166. Agency, Presidential, and Congressional actions. 3167. Rights-of-way terms and conditions. 3168. Injunctive relief. 3169. Valid existing right of access. 3170. Special access and access to inholdings. 3171. Temporary access. 3172. North Slope Haul Road. 3173. Stikine River region; Presidential study and report to Congress. SUBCHAPTER V - FEDERAL-STATE COOPERATION 3181. Alaska Land Use Council. 3182. Federal Coordination Committee. 3183. Bristol Bay Cooperative Region. SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS 3191. Management plans. 3192. Land acquisition authority. 3192a. Restrictions on use of appropriated funds. 3193. Use of cabins and other sites of occupancy on conservation system units. 3194. Archeological and paleontological sites. 3195. Cooperative information and education centers. 3196. Administrative sites and visitor facilities. 3197. Revenue-producing visitor services. 3198. Local hire. 3199. Navigation aids and other facilities. 3200. Denali Scenic Highway study. 3201. Administration of national preserves. 3202. Taking of fish and wildlife. 3203. Wilderness management. 3204. Allowed uses. 3205. General wilderness review. 3206. Statewide cultural assistance program. 3207. Effect on existing rights; water resources. 3208. Authorization of appropriations; contract authority. 3209. Effect on prior withdrawals. 3210. Access by owner to nonfederally owned land. 3211. Yukon Flats National Wildlife Refuge agricultural use. 3212. Terror Lake Hydroelectric Project in Kodiak National Wildlife Refuge. 3213. Future executive branch actions. 3214. Alaska gas pipeline. 3215. Public land entries in Alaska. SUBCHAPTER VII - NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION PROCESS 3231. Areas subject to national need recommendation process. 3232. Recommendations of President to Congress. 3233. Expedited Congressional review. -End- -CITE- 16 USC SUBCHAPTER I - GENERAL PROVISIONS 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 16 USC Sec. 3101 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 3101. Congressional statement of purpose -STATUTE- (a) Establishment of units In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established. (b) Preservation and protection of scenic, geological, etc., values It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems. (c) Subsistence way of life for rural residents It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way of life to continue to do so. (d) Need for future legislation obviated This Act provides sufficient protection for the national interest in the scenic, natural, cultural and environmental values on the public lands in Alaska, and at the same time provides adequate opportunity for satisfaction of the economic and social needs of the State of Alaska and its people; accordingly, the designation and disposition of the public lands in Alaska pursuant to this Act are found to represent a proper balance between the reservation of national conservation system units and those public lands necessary and appropriate for more intensive use and disposition, and thus Congress believes that the need for future legislation designating new conservation system units, new national conservation areas, or new national recreation areas, has been obviated thereby. -SOURCE- (Pub. L. 96-487, title I, Sec. 101, Dec. 2, 1980, 94 Stat. 2374.) -REFTEXT- REFERENCES IN TEXT The following titles, referred to in subsec. (a), mean titles II to XV of Pub. L. 96-487, Dec. 2, 1980, Secs. 201-1503, 94 Stat. 2377-2551. For complete classification of these titles to the Code, see Tables. This Act, referred to in subsecs. (b) to (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 below and Tables. -MISC1- SHORT TITLE Section 1 of Pub. L. 96-487 provided that: "This Act [enacting this chapter, sections 410hh to 410hh-5, 460mm to 460mm-4, 539 to 539e, and 1285b of this title, and sections 1631 to 1641 and 1784 of Title 43, Public Lands, amending sections 410bb, 1274, 1276, 1279, and 1280 of this title and sections 1602, 1606, 1607, 1611, 1613, 1614, 1620, and 1621 of Title 43, enacting provisions set out as notes under this section and sections 431, 668dd, 1132, 1274, and 3145 of this title and sections 1605, 1613, and 1618 of Title 43, and amending provisions set out as notes under sections 1611 and 1613 of Title 43 and preceding section 21 of Title 48, Territories and Insular Possessions] may be cited as the 'Alaska National Interest Lands Conservation Act'." -End- -CITE- 16 USC Sec. 3102 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 3102. Definitions -STATUTE- As used in this Act (except that in titles IX and XIV the following terms shall have the same meaning as they have in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and the Alaska Statehood Act) - (1) The term "land" means lands, waters, and interests therein. (2) The term "Federal land" means lands the title to which is in the United States after December 2, 1980. (3) The term "public lands" means land situated in Alaska which, after December 2, 1980, are Federal lands, except - (A) land selections of the State of Alaska which have been tentatively approved or validly selected under the Alaska Statehood Act and lands which have been confirmed to, validly selected by, or granted to the Territory of Alaska or the State under any other provision of Federal law; (B) land selections of a Native Corporation made under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] which have not been conveyed to a Native Corporation, unless any such selection is determined to be invalid or is relinquished; and (C) lands referred to in section 19(b) of the Alaska Native Claims Settlement Act [43 U.S.C. 1618(b)]. (4) The term "conservation system unit" means any unit in Alaska of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers Systems, National Trails System, National Wilderness Preservation System, or a National Forest Monument including existing units, units established, designated, or expanded by or under the provisions of this Act, additions to such units, and any such unit established, designated, or expanded hereafter. (5) The term "Alaska Native Claims Settlement Act", means "An Act to provide for the settlement of certain land claims of Alaska Natives, and for other purposes", approved December 18, 1971 (85 Stat. 688), as amended [43 U.S.C. 1601 et seq.]. (6) The term "Native Corporation" means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Native Group. (7) The term "Regional Corporation" has the same meaning as such term has under section 3(g) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(g)]. (8) The term "Village Corporation" has the same meaning as such term has under section 3(j) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(j)]. (9) The term "Urban Corporation" means those Native entities which have incorporated pursuant to section 14(h)(3) of the Alaska Native Claims Settlement Act [43 U.S.C. 1613(h)(3)]. (10) The term "Native Group" has the same meaning as such term has under sections 3(d) and 14(h)(2) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(d) and 1613(h)(2)]. (11) The term "Native land" means land owned by a Native Corporation or any Native Group and includes land which, as of December 2, 1980, had been selected under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] by a Native Corporation or Native Group and had not been conveyed by the Secretary (except to the extent such selection is determined to be invalid or has been relinquished) and land referred to in section 19(b) of the Alaska Native Claims Settlement Act [43 U.S.C. 1618(b)]. (12) The term "Secretary" means the Secretary of the Interior, except that when such term is used with respect to any unit of the National Forest System, such term means the Secretary of Agriculture. (13) The terms "wilderness" and "National Wilderness Preservation System" have the same meaning as when used in the Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.]. (14) The term "Alaska Statehood Act" means the Act entitled "An Act to provide for the admission of the State of Alaska into the Union", approved July 7, 1958 (72 Stat. 339), as amended. (15) The term "State" means the state of Alaska. (16) The term "Alaska Native" or "Native" has the same meaning as the term "Native" has in section 3(b) of the Alaska Native Claims Settlement Act [43 U.S.C. 1602(b)]. (17) The term "fish and wildlife" means any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or part thereof. (18) The term "take" or "taking" as used with respect to fish or wildlife, means to pursue, hunt, shoot, trap, net capture, collect, kill, harm, or attempt to engage in any such conduct. -SOURCE- (Pub. L. 96-487, title I, Sec. 102, Dec. 2, 1980, 94 Stat. 2375; Pub. L. 105-83, title III, Sec. 316(b)(2), (d), Nov. 14, 1997, 111 Stat. 1592, 1595.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in provision preceding par. (1) and in par. (4), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska National Interest Lands Conservation Act. Title IX of this Act enacted sections 1631 to 1638 of Title 43, Public Lands, amended sections 1614 and 1620 of Title 43, and amended provisions set out as notes under section 1611 of Title 43 and preceding section 21 of Title 48, Territories and Insular Possessions. Title XIV of this Act enacted sections 1639 to 1641 of Title 43, amended sections 1602, 1606, 1607, 1611, 1613, 1620, and 1621 of Title 43, enacted provisions set out as notes under sections 1605, 1613, and 1618 of Title 43, and amended provisions set out as notes under sections 1611 and 1613 of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in provision preceding par. (1) and in pars. (3)(B), (C)(5), and (11), 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 out under section 1601 of Title 43 and Tables. The Alaska Statehood Act, referred to in provision preceding par. (1) and in pars. (3)(A) and (14), 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 Wilderness Act, referred to in par. (13), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. -MISC1- AMENDMENTS 1997 - Par. (2). Pub. L. 105-83, Sec. 316(b)(2), which directed the amendment of par. (2) generally, to read as follows: "The term 'Federal land' means lands the title to which is in the United States after December 2, 1980. 'Federal land' does not include lands the title to which is in the State, an Alaska Native corporation, or other private ownership.", was repealed by Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of 1997 Amendment note below. EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Section 316(d) of Pub. L. 105-83 provided that: "Unless and until laws are adopted in the State of Alaska which provide for the definition, preference, and participation specified in sections 803, 804, and 805 [sections 3113 to 3115 of this title] of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), the amendments made by subsection (b) of this section [amending this section and sections 3111, 3113 to 3115, 3117, 3124, and 3125 of this title] shall be effective only for the purposes of determining whether the State's laws provide for such definition, preference, and participation. The Secretary shall certify before December 1, 1998 if such laws have been adopted in the State of Alaska. Subsection (b) shall be repealed on such date if such laws have not been adopted." [The State of Alaska did not adopt laws specified above by Dec. 1, 1998.] SAVINGS CLAUSE Section 316(c) of Pub. L. 105-83 provided that: "No provision of this section [amending this section and sections 3111, 3113 to 3115, 3117, 3124, and 3125 of this title and enacting provisions set out as notes under this section], amendment made by this section, or exercise of authority pursuant to this section may be construed to validate, invalidate, or in any way affect - "(1) any assertion that an Alaska Native organization (including a federally recognized tribe, traditional Alaska Native council, or Alaska Native council organized pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as amended) has or does not have governmental authority over lands (including management of, or regulation of the taking of, fish and wildlife) or persons within the boundaries of the State of Alaska; "(2) any assertion that Indian country, as defined in section 1151 of title 18, United States Code, exists or does not exist within the boundaries of the State of Alaska; "(3) any assertion that the Alaska National Interest Lands Conservation Act, as amended (16 U.S.C. 3101 et seq.) is or is not Indian law; or "(4) the authority of the Secretary of the Interior under section 1314(c) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3202(c))." MORATORIUM ON FEDERAL MANAGEMENT OF SUBSISTENCE USES IN ALASKA Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 339], Oct. 21, 1998, 112 Stat. 2681-231, 2681-295, provided that: ["(a) Repealed. Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 339(b)(2)], Oct. 21, 1998, 112 Stat. 2681-231, 2681-295] "(b) Subsection (a) Repealed. - "(1) The Secretary of the Interior shall certify before October 1, 1999, if a bill or resolution has been passed by the Alaska State Legislature to amend the Constitution of the State of Alaska that, if approved by the electorate, would enable the implementation of state laws of general applicability consistent with, and which provide for the definition, preference, and participation specified in sections 803, 804, and 805 of the Alaska National Interest Lands Conservation Act [16 U.S.C. 3113, 3114, 3115]. "(2) Subsection (a) shall be repealed on October 1, 1999, unless prior to that date the Secretary of the Interior makes such a certification described in paragraph (1). [A certification was not made prior to Oct. 1, 1999.] "(c) Technical Amendments to the Alaska National Interest Lands Conservation Act. - [Amended section 3115 of this title.] "(d) Effect on Tidal and Submerged Land. - Nothing in this section invalidates, validates, or in any other way affects any claim of the State of Alaska to title to any tidal or submerged land in Alaska." Section 316(a) of Pub. L. 105-83 provided that: "None of the funds made available to the Department of the Interior or the Department of Agriculture by this or any other Act hereafter enacted may be used prior to December 1, 1998 to issue or implement final regulations, rules, or policies pursuant to title VIII of the Alaska National Interest Lands Conservation Act [16 U.S.C. 3111 et seq.] to assert jurisdiction, management, or control over the navigable waters transferred to the State of Alaska pursuant to the Submerged Lands Act of 1953 [43 U.S.C. 1301 et seq.] or the Alaska Statehood Act of 1959 [Pub. L. 85-508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions]." -End- -CITE- 16 USC Sec. 3103 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 3103. Maps -STATUTE- (a) Filing and availability for inspection; discrepancies; coastal areas The boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary or the Secretary of Agriculture with regard to the National Forest System. In the event of discrepancies between the acreages specified in this Act and those depicted on such maps, the maps shall be controlling, but the boundaries of areas added to the National Park, Wildlife Refuge and National Forest System shall, in coastal areas not extend seaward beyond the mean high tide line to include lands owned by the State of Alaska unless the State shall have concurred in such boundary extension and such extension is accomplished under the notice and reporting requirements of this Act. (b) Changes in land management status; publication in Federal Register; filing; clerical errors; boundary features and adjustments As soon as practicable after December 2, 1980, a map and legal description of each change in land management status effected by this Act, including the National Wilderness Preservation System, shall be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and each such description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in each such legal description and map may be made. Each such map and legal description shall be on file and available for public inspection in the office of the Secretary. Whenever possible boundaries shall follow hydrographic divides or embrace other topographic or natural features. Following reasonable notice in writing to the Congress of his intention to do so the Secretary and the Secretary of Agriculture may make minor adjustments in the boundaries of the areas added to or established by this Act as units of National Park, Wildlife Refuge, Wild and Scenic Rivers, National Wilderness Preservation, and National Forest Systems and as national conservation areas and national recreation areas. For the purposes of this subsection, a minor boundary adjustment shall not increase or decrease the amount of land within any such area by more than 23,000 acres. (c) Lands included within unit; acquisition of land by Secretary Only those lands within the boundaries of any conservation system unit which are public lands (as such term is defined in this Act) shall be deemed to be included as a portion of such unit. No lands which, before, on, or after December 2, 1980, are conveyed to the State, to any Native Corporation, or to any private party shall be subject to the regulations applicable solely to public lands within such units. If the State, a Native Corporation, or other owner desires to convey any such lands, the Secretary may acquire such lands in accordance with applicable law (including this Act), and any such lands shall become part of the unit, and be administered accordingly. -SOURCE- (Pub. L. 96-487, title I, Sec. 103, Dec. 2, 1980, 94 Stat. 2376.) -REFTEXT- 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. -End- -CITE- 16 USC SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -End- -CITE- 16 USC Sec. 3111 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3111. Congressional declaration of findings -STATUTE- The Congress finds and declares that - (1) the continuation of the opportunity for subsistence uses by rural residents of Alaska, including both Natives and non- Natives, on the public lands and by Alaska Natives on Native lands is essential to Native physical, economic, traditional, and cultural existence and to non-Native physical, economic, traditional, and social existence. (2) the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses; (3) continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened by the increasing population of Alaska, with resultant pressure on subsistence resources, by sudden decline in the populations of some wildlife species which are crucial subsistence resources, by increased accessibility of remote areas containing subsistence resources, and by taking of fish and wildlife in a manner inconsistent with recognized principles of fish and wildlife management; (4) in order to fulfill the policies and purposes of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and as a matter of equity, it is necessary for the Congress to invoke its constitutional authority over Native affairs and its constitutional authority under the property clause and the commerce clause to protect and provide the opportunity for continued subsistence uses on the public lands by Native and non- Native rural residents; and (5) the national interest in the proper regulation, protection, and conservation of fish and wildlife on the public lands in Alaska and the continuation of the opportunity for a subsistence way of life by residents of rural Alaska require that an administrative structure be established for the purpose of enabling rural residents who have personal knowledge of local conditions and requirements to have a meaningful role in the management of fish and wildlife and of subsistence uses on the public lands in Alaska. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 801, Dec. 2, 1980, 94 Stat. 2422; Pub. L. 105-83, title III, Sec. 316(b)(3), (d), Nov. 14, 1997, 111 Stat. 1592, 1595.) -REFTEXT- REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (4), 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 out under section 1601 of Title 43 and Tables. -MISC1- AMENDMENTS 1997 - Pub. L. 105-83, Sec. 316(b)(3), which directed the designation of existing provisions as subsec. (a) and the addition of subsec. (b) relating to further congressional findings as to subsistence use of public lands by rural residents of Alaska, was repealed by Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of 1997 Amendment note below. EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105-83 was effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105-83 set out as a note under section 3102 of this title. -End- -CITE- 16 USC Sec. 3112 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3112. Congressional statement of policy -STATUTE- It is hereby declared to be the policy of Congress that - (1) consistent with sound management principles, and the conservation of healthy populations of fish and wildlife, the utilization of the public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the resources of such lands; consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for each unit established, designated, or expanded by or pursuant to titles II through VII of this Act, the purpose of this subchapter is to provide the opportunity for rural residents engaged in a subsistence way of life to do so; (2) nonwasteful subsistence uses of fish and wildlife and other renewable resources shall be the priority consumptive uses of all such resources on the public lands of Alaska when it is necessary to restrict taking in order to assure the continued viability of a fish or wildlife population or the continuation of subsistence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public lands over other consumptive uses; and (3) except as otherwise provided by this Act or other Federal laws, Federal land managing agencies, in managing subsistence activities on the public lands and in protecting the continued viability of all wild renewable resources in Alaska, shall cooperate with adjacent landowners and land managers, including Native Corporations, appropriate State and Federal agencies, and other nations. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 802, Dec. 2, 1980, 94 Stat. 2422.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in pars. (1) and (3), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska National Interest Lands Conservation Act. Titles II through VII of this Act enacted sections 410hh to 410hh-5, 460mm to 460mm-3, 539 to 539e, and 1285b of this title, amended sections 1274, 1276, 1279, and 1280 of this title, and enacted provisions set out as notes under sections 431, 668dd, 1132, 1274, and 3145 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. -End- -CITE- 16 USC Sec. 3113 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3113. Definitions -STATUTE- As used in this Act, the term "subsistence uses" means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for customary trade. For the purposes of this section, the term - (1) "family" means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and (2) "barter" means the exchange of fish or wildlife or their parts, taken for subsistence uses - (A) for other fish or game or their parts; or (B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 803, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105-83, title III, Sec. 316(b)(4), (d), Nov. 14, 1997, 111 Stat. 1593, 1595.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in provision preceding par. (1), 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. -MISC1- AMENDMENTS 1997 - Pars. (3) to (5). Pub. L. 105-83, Sec. 316(b)(4), which directed the addition of pars. (3) to (5) was repealed by Pub. L. 105-83, Sec. 316(d). Pars. (3) to (5) read as follows: "(3) 'customary and traditional uses' means the noncommercial, long-term, and consistent taking of, use of, or reliance upon fish and wildlife in a specific area and the patterns and practices of taking or use of that fish and wildlife that have been established over a reasonable period of time, taking into consideration the availability of the fish and wildlife; "(4) 'customary trade' means, except for money sales of furs and furbearers, the limited noncommercial exchange for money of fish and wildlife or their parts in minimal quantities; and "(5) 'rural Alaska resident' means a resident of a rural community or area. A 'rural community or area' means a community or area substantially dependent on fish and wildlife for nutritional and other subsistence uses." See Effective and Termination Dates of 1997 Amendment note below. EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105-83 was effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105-83 set out as a note under section 3102 of this title. -End- -CITE- 16 USC Sec. 3114 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3114. Preference for subsistence uses -STATUTE- Except as otherwise provided in this Act and other Federal laws, the taking on public lands of fish and wildlife for nonwasteful subsistence uses shall be accorded priority over the taking on such lands of fish and wildlife for other purposes. Whenever it is necessary to restrict the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, such priority shall be implemented through appropriate limitations based on the application of the following criteria: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 804, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105-83, title III, Sec. 316(b)(5), (d), Nov. 14, 1997, 111 Stat. 1593, 1595.) -REFTEXT- 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. -MISC1- AMENDMENTS 1997 - Pub. L. 105-83, Sec. 316(b)(5), which directed the designation of existing provisions as subsec. (a) and the addition of subsec. (b) reading as follows: "The priority granted by this section is for a reasonable opportunity to take fish and wildlife. For the purposes of this subsection, the term 'reasonable opportunity' means an opportunity, consistent with customary and traditional uses (as defined in section 3113(3) of this title), to participate in a subsistence hunt or fishery with a reasonable expectation of success, and does not mean a guarantee that fish and wildlife will be taken." was repealed by Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of 1997 Amendment note below. EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105-83 was effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105-83 set out as a note under section 3102 of this title. -End- -CITE- 16 USC Sec. 3115 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3115. Local and regional participation -STATUTE- (a) Establishment of subsistence resources regions, local advisory committees, and regional advisory councils; membership, duties, and authority of regional advisory councils Except as otherwise provided in subsection (d) of this section, the Secretary in consultation with the State shall establish - (1) at least six Alaska subsistence resource regions which, taken together, include all public lands. The number and boundaries of the regions shall be sufficient to assure that regional differences in subsistence uses are adequately accommodated; (2) such local advisory committees within each region as he finds necessary at such time as he may determine, after notice and hearing, that the existing State fish and game advisory committees do not adequately perform the functions of the local committee system set forth in paragraph (3)(D)(iv) of this subsection; and (3) a regional advisory council in each subsistence resource region. Each regional advisory council shall be composed of residents of the region and shall have the following authority: (A) the review and evaluation of proposals for regulations, policies, management plans, and other matters relating to subsistence uses of fish and wildlife within the region; (B) the provision of a forum for the expression of opinions and recommendations by persons interested in any matter related to subsistence uses of fish and wildlife within the region; (C) the encouragement of local and regional participation pursuant to the provisions of this subchapter in the decisionmaking process affecting the taking of fish and wildlife on the public lands within the region for subsistence uses; (D) the preparation of an annual report to the Secretary which shall contain - (i) an identification of current and anticipated subsistence uses of fish and wildlife populations within the region; (ii) an evaluation of current and anticipated subsistence needs for fish and wildlife populations within the region; (iii) a recommended strategy for the management of fish and wildlife populations within the region to accommodate such subsistence uses and needs; and (iv) recommendations concerning policies, standards, guidelines, and regulations to implement the strategy. The State fish and game advisory committees or such local advisory committees as the Secretary may establish pursuant to paragraph (2) of this subsection may provide advice to, and assist, the regional advisory councils in carrying out the functions set forth in this paragraph. (b) Assignment of staff and distribution of data The Secretary shall assign adequate qualified staff to the regional advisory councils and make timely distribution of all available relevant technical and scientific support data to the regional advisory councils and the State fish and game advisory committees or such local advisory committees as the Secretary may establish pursuant to paragraph (2) of subsection (a) of this section. (c) Consideration of reports and recommendations of regional advisory councils The Secretary, in performing his monitoring responsibility pursuant to section 3116 of this title and in the exercise of his closure and other administrative authority over the public lands, shall consider the report and recommendations of the regional advisory councils concerning the taking of fish and wildlife on the public lands within their respective regions for subsistence uses. The Secretary may choose not to follow any recommendation which he determines is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. If a recommendation is not adopted by the Secretary, he shall set forth the factual basis and the reasons for his decision. (d) Supersedure by enactment and implementation of State laws governing State responsibility; consideration of recommendations by State rulemaking authority The Secretary shall not implement subsections (a), (b), and (c) of this section if the State enacts and implements laws of general applicability which are consistent with, and which provide for the definition, preference, and participation specified in, sections 3113, 3114, and 3115 of this title, such laws, unless and until repealed, shall supersede such sections insofar as such sections govern State responsibility pursuant to this subchapter for the taking of fish and wildlife on the public lands for subsistence uses. Laws establishing a system of local advisory committees and regional advisory councils consistent with this section shall provide that the State rulemaking authority shall consider the advice and recommendations of the regional councils concerning the taking of fish and wildlife populations on public lands within their respective regions for subsistence uses. The regional councils may present recommendations, and the evidence upon which such recommendations are based, to the State rulemaking authority during the course of the administrative proceedings of such authority. The State rulemaking authority may choose not to follow any recommendation which it determines is not supported by substantial evidence presented during the course of its administrative proceedings, violates recognized principles of fish and wildlife conservation or would be detrimental to the satisfaction of rural subsistence needs. If a recommendation is not adopted by the State rulemaking authority, such authority shall set forth the factual basis and the reasons for its decision. (e) Reimbursement to State; limitation; report to Congress (1) The Secretary shall reimburse the State, from funds appropriated to the Department of the Interior for such purposes, for reasonable costs relating to the establishment and operation of the regional advisory councils established by the State in accordance with subsection (d) of this section and the operation of the State fish and game advisory committees so long as such committees are not superseded by the Secretary pursuant to paragraph (2) of subsection (a) of this section. Such reimbursement may not exceed 50 per centum of such costs in any fiscal year. Such costs shall be verified in a statement which the Secretary determines to be adequate and accurate. Sums paid under this subsection shall be in addition to any grants, payments, or other sums to which the State is entitled from appropriations to the Department of the Interior. (2) Total payments to the State under this subsection shall not exceed the sum of $5,000,000 in any one fiscal year. The Secretary shall advise the Congress at least once in every five years as to whether or not the maximum payments specified in this subsection are adequate to ensure the effectiveness of the program established by the State to provide the preference for subsistence uses of fish and wildlife set forth in section 3114 of this title. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 805, Dec. 2, 1980, 94 Stat. 2424; Pub. L. 105-83, title III, Sec. 316(b)(6), (d), Nov. 14, 1997, 111 Stat. 1593, 1595; Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 339(c)], Oct. 21, 1998, 112 Stat. 2681-231, 2681-296.) -MISC1- AMENDMENTS 1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(e) [title III, Sec. 339(c)(1)], struck out "one year after December 2, 1980," before "the Secretary" in introductory provisions. Subsec. (d). Pub. L. 105-277, Sec. 101(e) [title III, Sec. 339(c)(2)], struck out "within one year from December 2, 1980," before "the State enacts" in first sentence. 1997 - Subsec. (a). Pub. L. 105-83, Sec. 316(b)(6)(A), which directed the amendment of subsec. (a) by striking out "one year after December 2, 1980," before "the Secretary" in introductory provisions, was repealed by Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of 1997 Amendment note below. Subsec. (d). Pub. L. 105-83, Sec. 316(b)(6)(B), which directed the amendment of subsec. (d) generally to provide for supersedure by enactment and implementation of State laws governing State responsibility, consideration of recommendations by State rulemaking authority, and for the creation of regional advisory councils, was repealed by Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of 1997 Amendment note below. EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105-83 was effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105-83 set out as a note under section 3102 of this title. TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 16 USC Sec. 3116 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3116. Federal monitoring; reports to State and Congressional committees -STATUTE- The Secretary shall monitor the provisions by the State of the subsistence preference set forth in section 3114 of this title and shall advise the State and the Committees on Natural Resources and on Merchant Marine and Fisheries of the House of Representatives and the Committees on Energy and Natural Resources and Environment and Public Works of the Senate annually and at such other times as he deems necessary of his views on the effectiveness of the implementation of this subchapter including the State's provision of such preference, any exercise of his closure or other administrative authority to protect subsistence resources or uses, the views of the State, and any recommendations he may have. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 806, Dec. 2, 1980, 94 Stat. 2425; Pub. L. 103-437, Sec. 6(y), Nov. 2, 1994, 108 Stat. 4587.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-437 substituted "the Committees on Natural Resources" for "Committee on Interior and Insular Affairs". -CHANGE- CHANGE OF NAME Committee on Natural Resources of House of Representatives treated as referring to Committee on Resources of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. -TRANS- ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. -End- -CITE- 16 USC Sec. 3117 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3117. Judicial enforcement -STATUTE- (a) Exhaustion of administrative remedies; civil action; parties; preliminary injunctive relief; other relief; costs and attorney's fees Local 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 section 3114 of this title (or with respect to the State as set forth in a State law of general applicability if the State has fulfilled the requirements of section 3115(d) of this title) may, upon exhaustion of any State of 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 section 3114 of this title; 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 issued. 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. (b) Repealed. Pub. L. 98-620, title IV, Sec. 402(22)(A), Nov. 8, 1984, 98 Stat. 3358 (c) Section as sole Federal judicial remedy This 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 section 3114 of this title. -SOURCE- (Pub. L. 96-487, title VII, Sec. 807, Dec. 2, 1980, 94 Stat. 2426; Pub. L. 98-620, title IV, Sec. 402(22)(A), Nov. 8, 1984, 98 Stat. 3358; Pub. L. 105-83, title III, Sec. 316(b)(7), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.) -MISC1- AMENDMENTS 1997 - Subsec. (b). Pub. L. 105-83, Sec. 316(b)(7), 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 Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of 1997 Amendments note below. 1984 - Subsec. (b). Pub. L. 98-620 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. EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105-83 was effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105-83 set out as a note under section 3102 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 16 USC Sec. 3118 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3118. Park and park monument subsistence resource commissions -STATUTE- (a) Appointment of members; development of subsistence hunting program; annual review of program Within one year from December 2, 1980, the Secretary and the Governor shall each appoint three members to a subsistence resources commission for each national park or park monument within which subsistence uses are permitted by this Act. The regional advisory council established pursuant to section 3115 of this title which has jurisdiction within the area in which the park or park monument is located shall appoint three members to the commission each of whom is a member of either the regional advisory council or a local advisory committee within the region and also engages in subsistence uses within the park or park monument. Within eighteen months from December 2, 1980, each commission shall devise and recommend to the Secretary and the Governor a program for subsistence hunting within the park or park monument. Such program shall be prepared using technical information and other pertinent data assembled or produced by necessary field studies or investigations conducted jointly or separately by the technical and administrative personnel of the State and the Department of the Interior, information submitted by, and after consultation with the appropriate local advisory committees and regional advisory councils, and any testimony received in a public hearing or hearings held by the commission prior to preparation of the plan at a convenient location or locations in the vicinity of the park or park monument. Each year thereafter, the commission, after consultation with the appropriate local committees and regional councils, considering all relevant data and holding one or more additional hearings in the vicinity of the park or park monument, shall make recommendations to the Secretary and the Governor for any changes in the program or its implementation which the commission deems necessary. (b) Implementation of subsistence hunting program The Secretary shall promptly implement the program and recommendations submitted to him by each commission unless he finds in writing that such program or recommendations violates recognized principles of wildlife conservation, threatens the conservation of healthy populations of wildlife in the park or park monument is contrary to the purposes for which the park or park monument is established, or would be detrimental to the satisfaction of subsistence needs of local residents. Upon notification by the Governor, the Secretary shall take no action on a submission of a commission for sixty days during which period he shall consider any proposed changes in the program or recommendations submitted by the commission which the Governor provides him. (c) Subsistence uses prior to implementation of subsistence hunting program Pending the implementation of a program under subsection (a) of this section, the Secretary shall permit subsistence uses by local residents in accordance with the provisions of this subchapter and other applicable Federal and State law. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 808, Dec. 2, 1980, 94 Stat. 2426.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), 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. -End- -CITE- 16 USC Sec. 3119 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3119. Cooperative agreements -STATUTE- The Secretary may enter into cooperative agreements or otherwise cooperate with other Federal agencies, the State, Native Corporations, other appropriate persons and organizations, and, acting through the Secretary of State, other nations to effectuate the purposes and policies of this subchapter. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 809, Dec. 2, 1980, 94 Stat. 2427.) -End- -CITE- 16 USC Sec. 3120 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3120. Subsistence and land use decisions -STATUTE- (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. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 810, Dec. 2, 1980, 94 Stat. 2427.) -REFTEXT- 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. -End- -CITE- 16 USC Sec. 3121 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3121. Rural residents engaged in subsistence uses -STATUTE- (a) Access to subsistence resources The Secretary shall ensure that rural residents engaged in subsistence uses shall have reasonable access to subsistence resources on the public lands. (b) Use of snowmobiles, motorboats, or other means of surface transportation Notwithstanding any other provision of this Act or other law, the Secretary shall permit on the public lands appropriate use for subsistence purposes of snowmobiles, motorboats, and other means of surface transportation traditionally employed for such purposes by local residents, subject to reasonable regulation. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 811, Dec. 2, 1980, 94 Stat. 2428.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b), 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. -End- -CITE- 16 USC Sec. 3122 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3122. Research -STATUTE- The Secretary, in cooperation with the State and other appropriate Federal agencies, shall undertake research on fish and wildlife and subsistence uses on the public lands; seek data from, consult with the make use of, the special knowledge of local residents engaged in subsistence uses; and make the results of such research available to the State, the local and regional councils established by the Secretary or State pursuant to section 3115 of this title, and other appropriate persons and organizations. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 812, Dec. 2, 1980, 94 Stat. 2428.) -End- -CITE- 16 USC Sec. 3123 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3123. Periodic reports -STATUTE- Within four years after December 2, 1980, and within every three- year period thereafter, the Secretary, in consultation with the Secretary of Agriculture, shall prepare and submit a report to the President of the Senate and the Speaker of the House of Representatives on the implementation of this subchapter. The report shall include - (1) an evaluation of the results of the monitoring undertaken by the Secretary as required by section 3116 of this title; (2) the status of fish and wildlife populations on public lands that are subject to subsistence uses; (3) a description of the nature and extent of subsistence uses and other uses of fish and wildlife on the public lands; (4) the role of subsistence uses in the economy and culture of rural Alaska; (5) comments on the Secretary's report by the State, the local advisory councils and regional advisory councils established by the Secretary or the State pursuant to section 3115 of this title, and other appropriate persons and organizations; (6) a description of those actions taken, or which may need to be taken in the future, to permit the opportunity for continuation of activities relating to subsistence uses on the public lands; and (7) such other recommendations the Secretary deems appropriate. A notice of the report shall be published in the Federal Register and the report shall be made available to the public. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 813, Dec. 2, 1980, 94 Stat. 2428.) -MISC1- TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to submitting, within every three-year period, a report on the implementation of this subchapter to the President of the Senate and the Speaker of the House of Representatives, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 112 of House Document No. 103-7. -End- -CITE- 16 USC Sec. 3124 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3124. Regulations -STATUTE- The Secretary shall prescribe such regulations as are necessary and appropriate to carry out his responsibilities under this subchapter. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 814, Dec. 2, 1980, 94 Stat. 2429; Pub. L. 105-83, title III, Sec. 316(b)(8), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.) -MISC1- AMENDMENTS 1997 - Pub. L. 105-83, Sec. 316(b)(8), which directed amendment of section by inserting ", and the State at any time the State has complied with section 3115(d) of this title" after "The Secretary" and inserting at end "During any time that the State has complied with section 3115(d) of this title, the Secretary shall not make or enforce regulations implementing section 3115(a), (b), or (c) of this title.", was repealed by Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of 1997 Amendment note below. EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105-83 was effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105-83 set out as a note under section 3102 of this title. -End- -CITE- 16 USC Sec. 3125 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3125. Limitations and savings clauses -STATUTE- Nothing in this subchapter shall be construed as - (1) granting any property right in any fish or wildlife or other resource of the public lands or as permitting the level of subsistence uses of fish and wildlife within a conservation system unit to be inconsistent with the conservation of healthy populations, and within a national park or monument to be inconsistent with the conservation of natural and healthy populations, of fish and wildlife. No privilege which may be granted by the State to any individual with respect to subsistence uses may be assigned to any other individual; (2) permitting any subsistence use of fish and wildlife on any portion of the public lands (whether or not within any conservation system unit) which was permanently closed to such uses on January 1, 1978, or enlarging or diminishing the Secretary's authority to manipulate habitat on any portion of the public lands; (3) authorizing a restriction on the taking of fish and wildlife for nonsubsistence uses on the public lands (other than national parks and park monuments) unless necessary for the conservation of healthy populations of fish and wildlife, for the reasons set forth in section 3126 of this title, to continue subsistence uses of such populations, or pursuant to other applicable law; or (4) modifying or repealing the provisions of any Federal law governing the conservation or protection of fish and wildlife, including the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927; 16 U.S.C. 668dd-jj), the National Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4), the Fur Seal Act of 1966 (80 Stat. 1091; 16 U.S.C. 1187) [16 U.S.C. 1151 et seq.], the Endangered Species Act of 1973 (87 Stat. 884; 16 U.S.C. 1531-1543), the Marine Mammal Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361-1407), the Act entitled "An Act for the Protection of the Bald Eagle", approved June 8, 1940 (54 Stat. 250; 16 U.S.C. 742a-754) [16 U.S.C. 668 et seq.], the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703-711), the Federal Aid in Wildlife Restoration Act (50 Stat. 917; 16 U.S.C. 669-669i), the Magnuson-Stevens Fishery Conservation and Management Act (90 Stat. 331; 16 U.S.C. 1801-1882), the Federal Aid in Fish Restoration Act (64 Stat. 430; 16 U.S.C. 777-777k), or any amendments to any one or more of such Acts. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 815, Dec. 2, 1980, 94 Stat. 2429; Pub. L. 96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L. 105-83, title III, Sec. 316(b)(9), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.) -REFTEXT- REFERENCES IN TEXT The National Wildlife Refuge System Administration Act of 1966, referred to in par. (4), consists of sections 4 and 5 of Pub. L. 89- 669, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified to sections 668dd and 668ee of this title. For further details, see Short Title note set out under section 668dd of this title. The National Park Service Organic Act, referred to in par. (4), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, as amended, which is classified generally to sections 1, 2, 3, and 4 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1 of this title and Tables. The Fur Seal Act of 1966, referred to in par. (4), is Pub. L. 89- 702, Nov. 2 1966, 80 Stat. 1091, as amended, which is classified principally to chapter 24 (Sec. 1151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1151 of this title and Tables. The Endangered Species Act of 1973, referred to in par. (4), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to chapter 35 (Sec. 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Marine Mammal Protection Act of 1972, referred to in par. (4), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified generally to chapter 31 (Sec. 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables. The Act entitled "An Act for the Protection of the Bald Eagle", approved June 8, 1940, referred to in par. (4), is act June 8, 1940, ch. 278, 54 Stat. 250, as amended, which is classified generally to subchapter II (Sec. 668 et seq.) of chapter 5A of this title. For complete classification of this Act to the Code, see Tables. The Migratory Bird Treaty Act, referred to in par. (4), is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified generally to subchapter II (Sec. 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables. The Federal Aid in Wildlife Restoration Act, referred to in par. (4), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, also known as the Pittman-Robertson Wildlife Restoration Act, which is classified generally to chapter 5B (Sec. 669 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 669 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (4), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (Sec. 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Federal Aid in Fish Restoration Act, referred to in par. (4), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, also known as the Dingell-Johnson Sport Fish Restoration Act and the Fish Restoration and Management Projects Act, which is classified generally to chapter 10B (Sec. 777 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 777 of this title and Tables. -MISC1- AMENDMENTS 1997 - Par. (5). Pub. L. 105-83, Sec. 316(b)(9), which directed amendment of section by adding par. (5) reading as follows: "prohibiting the Secretary or the State from entering into co- management agreements with Alaska Native organizations or other local or regional entities when such organization or entity is managing fish and wildlife on public lands in Alaska for subsistence uses.", was repealed by Pub. L. 105-83, Sec. 316(d). See Effective and Termination Dates of 1997 Amendment note below. 1996 - Par. (4). Pub. L. 104-208 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery". 1980 - Par. (4). Pub. L. 96-561 substituted "Magnuson Fishery Conservation and Management Act" for "Fishery Conservation and Management Act of 1976". EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105-83 was effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105-83 set out as a note under section 3102 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104- 208 provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1980 AMENDMENT Section 238(b) of Pub. L. 96-561 provided that the amendment made by that section is effective 15 days after Dec. 22, 1980. -End- -CITE- 16 USC Sec. 3126 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER II - SUBSISTENCE MANAGEMENT AND USE -HEAD- Sec. 3126. Closure to subsistence uses -STATUTE- (a) National parks and park monuments in Alaska; authorization of subsistence uses and sport fishing All national parks and park monuments in Alaska shall be closed to the taking of wildlife except for subsistence uses to the extent specifically permitted by this Act. Subsistence uses and sport fishing shall be authorized in such areas by the Secretary and carried out in accordance with the requirements of this subchapter and other applicable laws of the United States and the State of Alaska. (b) Closure for public safety, administration, or the continued viability of fish and wildlife population Except as specifically provided otherwise by this section, nothing in this subchapter is intended to enlarge or diminish the authority of the Secretary to designate areas where, and establish periods when, no taking of fish and wildlife shall be permitted on the public lands for reasons of public safety, administration, or to assure the continued viability of a particular fish or wildlife population. Notwithstanding any other provision of this Act or other law, the Secretary, after consultation with the State and adequate notice and public hearing, may temporarily close any public lands (including those within any conservation system unit), or any portion thereof, to subsistence uses of a particular fish or wildlife population only if necessary for reasons of public safety, administration, or to assure the continued viability of such population. If the Secretary determines that an emergency situation exists and that extraordinary measures must be taken for public safety or to assure the continued viability of a particular fish or wildlife population, the Secretary may immediately close the public lands, or any portion thereof, to the subsistence uses of such population and shall publish the reasons justifying the closure in the Federal Register. Such emergency closure shall be effective when made, shall not extend for a period exceeding sixty days, and may not subsequently be extended unless the Secretary affirmatively establishes, after notice and public hearing, that such closure should be extended. -SOURCE- (Pub. L. 96-487, title VIII, Sec. 816, Dec. 2, 1980, 94 Stat. 2430.) -REFTEXT- 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. -End- -CITE- 16 USC SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -End- -CITE- 16 USC Sec. 3141 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- Sec. 3141. Overall study program -STATUTE- (a) Area designated The Secretary shall initiate and carry out a study of all Federal lands (other than submerged lands on the Outer Continental Shelf) in Alaska north of 68 degrees north latitude and east of the western boundary of the National Petroleum Reserve - Alaska, other than lands included in the National Petroleum Reserve - Alaska and in conservation system units established by this Act. (b) Purposes The study shall utilize a systematic interdisciplinary approach to - (1) assess the potential oil and gas resources of these lands and make recommendations concerning future use and management of those resources including an evaluation of alternative transportation routes needed for oil and gas development; (2) review the wilderness characteristics, and make recommendations for wilderness designation, of these lands; and (3) study, and make recommendations for protection of, the wildlife resources of these lands. (c) Findings After completion of the study, the Secretary shall make findings on - (1) the potential oil and gas resources of these lands; (2) the impact of oil and gas development on the wildlife resources on these lands, particularly the Arctic and Porcupine caribou herds and the polar bear; (3) the national need for development of the oil and gas resources of all or any portion of these lands; (4) the national interests in preservation of the wilderness characteristics of these lands; and (5) the national interest in protection of the wildlife resources of these lands. (d) Consultations; opportunity for public review and comment In the course of the study, the Secretary shall consult with the Secretary of Energy and other Federal agencies, the State of Alaska, Native Village and Regional Corporations, the North Slope Borough, the Alaska Land Use Council and the Government of Canada. The Secretary shall provide an opportunity for public review and comment on a draft study and proposed findings prior to their final approval. (e) Report to President and Congress; annual report to Congress The Secretary shall submit the study and his findings to the President and the Congress no later than eight years after December 2, 1980. The Secretary shall submit annual reports to Congress on the progress in carrying out this subchapter. (f) Selection and conveyance of land by State and Natives unaffected Nothing in this subchapter shall be construed as impeding, delaying, or otherwise affecting the selection and conveyance of land to the State pursuant to the Alaska Statehood Act, or any other Federal law referred to in section 3102(3)(A) of this title, and to the Natives pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and this Act. -SOURCE- (Pub. L. 96-487, title X, Sec. 1001, Dec. 2, 1980, 94 Stat. 2448.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (f), 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. The Alaska Native Claims Settlement Act, referred to in subsec. (f), 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 out under section 1601 of Title 43 and Tables. The Alaska Statehood Act, referred to in subsec. (f), 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. -End- -CITE- 16 USC Sec. 3142 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- Sec. 3142. Arctic National Wildlife Refuge coastal plain resource assessment -STATUTE- (a) Purpose The purpose of this section is to provide for a comprehensive and continuing inventory and assessment of the fish and wildlife resources of the coastal plain of the Arctic National Wildlife Refuge; an analysis of the impacts of oil and gas exploration, development, and production, and to authorize exploratory activity within the coastal plain in a manner that avoids significant adverse effects on the fish and wildlife and other resources. (b) Definitions As used in this section - (1) The term "coastal plain" means that area identified as such in the map entitled "Arctic National Wildlife Refuge", dated August 1980. (2) The term "exploratory activity" means surface geological exploration or seismic exploration, or both, for oil and gas within the coastal plain. (c) Baseline study The Secretary, in consultation with the Governor of the State, Native Village and Regional Corporations, and the North Slope Borough within the study area and interested persons, shall conduct a continuing study of the fish and wildlife (with special emphasis on caribou, wolves, wolverines, grizzly bears, migratory waterfowl, musk oxen, and polar bears) of the coastal plain and their habitat. In conducting the study, the Secretary shall - (A) assess the size, range, and distribution of the populations of the fish and wildlife; (B) determine the extent, location and carrying capacity of the habitats of the fish and wildlife; (C) assess the impacts of human activities and natural processes on the fish and wildlife and their habitats; (D) analyze the potential impacts of oil and gas exploration, development, and production on such wildlife and habitats; and (E) analyze the potential effects of such activities on the culture and lifestyle (including subsistence) of affected Native and other people. Within eighteen months after December 2, 1980, the Secretary shall publish the results of the study as of that date and shall thereafter publish such revisions thereto as are appropriate as new information is obtained. (d) Guidelines (1) Within two years after December 2, 1980, the Secretary shall by regulation establish initial guidelines governing the carrying out of exploratory activities. The guidelines shall be based upon the results of the study required under subsection (c) of this section and such other information as may be available to the Secretary. The guidelines shall include such prohibitions, restrictions, and conditions on the carrying out of exploratory activities as the Secretary deems necessary or appropriate to ensure that exploratory activities do not significantly adversely affect the fish and wildlife, their habitats, or the environment, including, but not limited to - (A) a prohibition on the carrying out of exploratory activity during caribou calving and immediate post-calving seasons or during any other period in which human activity may have adverse effects; (B) temporary or permanently closing of appropriate areas to such activity; (C) specification of the support facilities, equipment and related manpower that is appropriate in connection with exploratory activity; and (D) requirements that exploratory activities be coordinated in such a manner as to avoid unnecessary duplication. (2) The initial guidelines prescribed by the Secretary to implement this subsection shall be accompanied by an environmental impact statement on exploratory activities. The initial guidelines shall thereafter be revised to reflect changes made in the baseline study and other appropriate information made available to the Secretary. (e) Exploration plans (1) After the initial guidelines are prescribed under subsection (d) of this section, any person including the United States Geological Survey may submit one or more plans for exploratory activity (hereinafter in this section referred to as "exploration plans") to the Secretary for approval. An exploration plan must set forth such information as the Secretary may require in order to determine whether the plan is consistent with the guidelines, including, but not limited to - (A) a description and schedule of the exploratory activity proposed to be undertaken; (B) a description of the equipment, facilities, and related manpower that would be used in carrying out the activity; (C) the area in which the activity would be undertaken; and (D) a statement of the anticipated effects that the activity may have on fish and wildlife, their habitats and the environment. (2) Upon receiving any exploration plan for approval, the Secretary shall promptly publish notice of the application and the text of the plan in the Federal Register and newspapers of general circulation in the State. The Secretary shall determine, within one hundred and twenty days after any plan is submitted for approval, if the plan is consistent with the guidelines established under subsection (d) of this section. If the Secretary determines that the plan is so consistent, he shall approve the plan: except that no plan shall be approved during the two-year period following December 2, 1980. Before making the determination, the Secretary shall hold at least one public hearing in the State for purposes of receiving the comments and views of the public on the plan. The Secretary shall not approve of any plan submitted by the United States Geological Survey unless he determines that (1) no other person has submitted a plan for the area involved which meets established guidelines and (2) the information which would be obtained is needed to make an adequate report under subsection (h) of this section. The Secretary, as a condition of approval of any plan under this section - (A) may require that such modifications be made to the plan as he considers necessary and appropriate to make it consistent with the guidelines; (B) shall require that all data and information (including processed, analyzed and interpreted information) obtained as a result of carrying out the plan shall be submitted to the Secretary; and (C) shall make such data and information available to the public except that any processed, analyzed and interpreted data or information shall be held confidential by the Secretary for a period of not less than two years following any lease sale including the area from which the information was obtained and: Provided, That the Secretary shall prohibit by regulation any person who obtains access to such data and information from the Secretary or from any person other than a permittee from participation in any lease sale which includes the areas from which the information was obtained and from any commercial use of the information. The Secretary shall require that any permittee shall make available such data to any person at fair cost. (f) Modification to exploration plans If at any time while exploratory activity is being carried out under an exploration plan approved under subsection (e) of this section, the Secretary, on the basis of information available to him, determines that continuation of further activities under the plan or permit will significantly adversely affect fish or wildlife, their habitat, or the environment, the Secretary may suspend the carrying out of activities under the plan or permit for such time, make such modifications to the plan or to the terms and conditions of the permit (or both suspend and so modify) as he determines necessary and appropriate. (g) Civil penalties (1) Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, to have violated any provision of a plan approved under subsection (e) of this section or any term or condition of a permit issued under subsection (f) of this section, or to have committed any act prohibited under subsection (d) of this section shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $10,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed, and, with respect to the violator, the history of any prior offenses, his demonstrated good faith in attempting to achieve timely compliance after being cited for the violation, and such other matters as justice may require. (2) Any person against whom a civil penalty is assessed under paragraph (1) may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2)(E) of title 5. (3) If any person fails to pay an assessment of a civil penalty against him under paragraph (1) after it has become final, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (4) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this subsection unless the matter is pending in court for judicial review or recovery of assessment. (h) Report to Congress Not earlier than five years after December 2, 1980, and not later than five years and nine months after such date, the Secretary shall prepare and submit to Congress a report containing - (1) the identification by means other than drilling of exploratory wells of those areas within the coastal plain that have oil and gas production potential and estimate of the volume of the oil and gas concerned; (2) the description of the fish and wildlife, their habitats, and other resources that are within the areas identified under paragraph (1); (3) an evaluation of the adverse effects that the carrying out of further exploration for, and the development and production of, oil and gas within such areas will have on the resources referred to in paragraph (2); (4) a description of how such oil and gas, if produced within such area, may be transported to processing facilities; (5) an evaluation of how such oil and gas relates to the national need for additional domestic sources of oil and gas; and (6) the recommendations of the Secretary with respect to whether further exploration for, and the development and production of, oil and gas within the coastal plain should be permitted and, if so, what additional legal authority is necessary to ensure that the adverse effects of such activities on fish and wildlife, their habitats, and other resources are avoided or minimized. (i) Effect of other laws Until otherwise provided for in law enacted after December 2, 1980, all public lands within the coastal plain are withdrawn from all forms of entry or appropriation under the mining laws, and from operation of the mineral leasing laws, of the United States. -SOURCE- (Pub. L. 96-487, title X Sec. 1002, Dec. 2, 1980, 94 Stat. 2449; Pub. L. 97-394, title I, Sec. 110, Dec. 30, 1982, 96 Stat. 1982.) -REFTEXT- REFERENCES IN TEXT The mining laws and mineral leasing laws of the United States, referred to in subsec. (i), are classified generally to Title 30, Mineral Lands and Mining. -MISC1- AMENDMENTS 1982 - Subsec. (e)(2)(C). Pub. L. 97-394 inserted proviso that the Secretary prohibit by regulation any person who obtains access to such data and information from the Secretary or from any person other than a permittee from participation in any lease sale which includes the areas from which the information was obtained and from any commercial use of the information, and that Secretary require that any permittee make available such data to any person at fair cost. -End- -CITE- 16 USC Sec. 3143 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- Sec. 3143. Production of oil and gas from Arctic National Wildlife Refuge prohibited -STATUTE- Production of oil and gas from the Arctic National Wildlife Refuge is prohibited and no leasing or other development leading to production of oil and gas from the range shall be undertaken until authorized by an Act of Congress. -SOURCE- (Pub. L. 96-487, title X, Sec. 1003, Dec. 2, 1980, 94 Stat. 2452.) -End- -CITE- 16 USC Sec. 3144 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- Sec. 3144. Wilderness portion of study -STATUTE- (a) Suitability of lands for preservation as wilderness; report to President As part of the study, the Secretary shall review the suitability of nonsuitability for preservation as wilderness of the Federal lands described in section 3141 of this title and report his findings to the President. (b) Presidential recommendations to Congress The President shall advise the Senate and the House of Representatives of his recommendations with respect to the designation of the area or any part thereof as wilderness together with a map thereof and a definition of its boundaries. (c) Preservation of wilderness character and potential Subject to valid existing rights and the provisions of section 3142 of this title, the wilderness study area designated by this section shall, until Congress determines otherwise, be administered by the Secretary so as to maintain presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. Already established uses may be permitted to continue, subject to such restrictions as the Secretary deems desirable, in the manner and degree in which the same were being conducted on December 2, 1980. -SOURCE- (Pub. L. 96-487, title X, Sec. 1004, Dec. 2, 1980, 94 Stat. 2452.) -End- -CITE- 16 USC Sec. 3145 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- Sec. 3145. Wildlife resources portion of study and impact of potential oil spills in Arctic Ocean -STATUTE- (a) Wildlife resources The Secretary shall work closely with the State of Alaska and Native Village and Regional Corporations in evaluating the impact of oil and gas exploration, development, production, and transportation and other human activities on the wildlife resources of these lands, including impacts on the Arctic and Porcupine caribou herds, polar bear, muskox, grizzly bear, wolf, wolverine, seabirds, shore birds, and migratory waterfowl. In addition the Secretary shall consult with the appropriate agencies of the Government of Canada in evaluating such impacts particularly with respect to the Porcupine caribou herd. (b) Oil spills (1) The Congress finds that - (A) Canada has discovered commercial quantities of oil and gas in the Amalagak region of the Northwest Territory; (B) Canada is exploring alternatives for transporting the oil from the Amalagak field to markets in Asia and the Far East; (C) one of the options the Canadian Government is exploring involves transshipment of oil from the Amalagak field across the Beaufort Sea to tankers which would transport the oil overseas; (D) the tankers would traverse the American Exclusive Economic Zone through the Beaufort Sea into the Chuckchi Sea and then through the Bering Straits; (E) the Beaufort and Chuckchi Seas are vital to Alaska's Native people, providing them with subsistence in the form of walrus, seals, fish, and whales; (F) the Secretary of the Interior has conducted Outer Continental Shelf lease sales in the Beaufort and Chuckchi Seas and oil and gas exploration is ongoing; (G) an oil spill in the Arctic Ocean, if not properly contained and cleaned up, could have significant impacts on the indigenous people of Alaska's North Slope and on the Arctic environment; and (H) there are no international contingency plans involving our two governments concerning containment and cleanup of an oil spill in the Arctic Ocean. (2)(A) The Secretary of the Interior, in consultation with the Governor of Alaska, shall conduct a study of the issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean. (B) The Secretary shall, no later than January 31, 1991, transmit a report to the Congress on the findings and conclusions reached as the result of the study carried out under this subsection. (c) Treaty negotiations The Congress calls upon the Secretary of State, in consultation with the Secretary of the Interior, the Secretary of Transportation, and the Governor of Alaska, to begin negotiations with the Foreign Minister of Canada regarding a treaty dealing with the complex issues of recovery of damages, contingency plans, and coordinated actions in the event of an oil spill in the Arctic Ocean. (d) Report to Congress The Secretary of State shall report to the Congress on the Secretary's efforts pursuant to this section no later than June 1, 1991. -SOURCE- (Pub. L. 96-487, title X, Sec. 1005, Dec. 2, 1980, 94 Stat. 2453; Pub. L. 101-380, title VIII, Sec. 8302, Aug. 18, 1990, 104 Stat. 572.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-380 inserted "and impact of potential oil spills in Arctic Ocean" in section catchline, designated existing text as subsec. (a), and added subsecs. (b) to (d). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. STUDY ON BARREN-GROUND CARIBOU Section 306 of Pub. L. 96-487 provided: "(a) The Congress finds that the barren-ground caribou are a migratory species deserving of careful study and special protection, and that the Western Arctic and the Porcupine herds of such caribou are of national and international significance. "(b) The Secretary of the Interior shall conduct, and the Governor of Alaska is urged to cooperate with the Secretary in conducting, an ecological study of the barren-ground caribou herds north of the Yukon River and the herds that have been known to migrate between the United States and Canada, including, but not limited to, a determination of the seasonal migration patterns, reproduction and mortality rates, composition and age structure, behavioral characteristics, habitats (including but not limited to calving, feeding, summering and wintering areas, and key migration routes) that are critical to their natural stability and productivity and the effects on the herds of development by man, predation, and disease. In conducting this study the Secretary shall review the experience of other Arctic circumpolar countries with caribou and is authorized to enter into such contracts as he deems necessary to carry out portions or all of this study." -End- -CITE- 16 USC Sec. 3146 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- Sec. 3146. Transportation alternatives portion of study -STATUTE- In studying oil and gas alternative transportation systems, the Secretary shall consult with the Secretary of Transportation and shall consider - (1) the extent to which environmentally and economically feasible alternative routes could be established; (2) the prospective oil and gas production potential of this area of Alaska for each alternative transportation route; and (3) the environmental and economic costs and other values associated with such alternative routes. -SOURCE- (Pub. L. 96-487, title X, Sec. 1006, Dec. 2, 1980, 94 Stat. 2453.) -End- -CITE- 16 USC Sec. 3147 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- Sec. 3147. Arctic research study -STATUTE- (a) Mission, facilities, and administration of Naval Arctic Research Laboratory The Secretary, the Secretary of Defense, and the Secretary of Energy shall initiate and carry out a study of the mission, facilities and administration of the Naval Arctic Research Laboratory (NARL), at Point Barrow, Alaska. The study shall review the historical responsibilities carried out at NARL and their contribution to applied and basic Arctic research. The study shall specifically address and the Secretary shall make recommendations on the need for redirecting the United States Arctic research policy and the role of the NARL facilities in developing and implementing that policy. (b) Assessment of future uses of NARL The Secretaries shall assess the future use of NARL in - (1) developing relevant scientific information on the Arctic environment and utilizing applied research to (A) deal with the unique problems the Arctic presents in providing public services; (B) minimize the impact of resource development on the environment and the culture of the Native people; and (C) promote international cooperation among the Nations which share responsibility for the Arctic environment; (2) assessing the impact of oil and gas exploration, development, and transportation on the Arctic environment, including impact on fish, marine and land mammals, and migratory waterfowl; (3) developing advanced design technologies, operational practices, and transportation systems to improve the environmental safety and efficiency of oil and gas exploration and production in the Arctic, including offshore activities; (4) enlarging the body of knowledge on Arctic ice conditions and developing practical and efficient means of dealing with potential oil spills and other hazards associated with resource development in Alaska's Arctic; and (5) developing a comprehensive Arctic policy for the Federal Government that will accommodate the need for development and use of Arctic resources with appropriate recognition and consideration given to the unique nature of the Arctic environment and the needs of its Native residents. (c) Recommendations After completion of the study, the Secretaries shall make recommendations on - (1) changes in the mission and management of NARL necessary to accomplish the research and policy goals addressed in the study; (2) the appropriate Federal agency or agencies that should have primary responsibility for management of NARL; (3) changes in the organizational structure of NARL that would allow greater involvement by State and private organizations in the use, management and/or funding of NARL; and (4) the appropriate level of Federal funding for scientific and technological research on the Arctic environment and its uses. (d) Consultations; opportunity for public review and comment In the course of the study, the Secretaries shall consult with representatives of the Department of Navy, the National Oceanic and Atmospheric Administration, the National Science Foundation, the Smithsonian Institution, the State of Alaska, local governments, representatives of public and private institutions conducting Arctic research, and Native Village and Regional Corporations in the areas now affected by the activities of NARL. The Secretaries shall provide an opportunity for public review and comment on the draft report and proposed recommendations prior to final approval, and shall include any recommendations of the local community in the final study. (e) Submission of study to Congress The Secretaries shall submit the study and their recommendations to the Congress no later than one year after December 2, 1980. (f) Continuation of level of funding for NARL Pending submission of the study to the Congress, the President is directed to continue the operation of NARL at the level of funding provided for in fiscal year 1979. -SOURCE- (Pub. L. 96-487, title X, Sec. 1007, Dec. 2, 1980, 94 Stat. 2453.) -End- -CITE- 16 USC Sec. 3148 01/03/2007 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 51 - ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER III - FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM AND MINERAL ASSESSMENTS -HEAD- Sec. 3148. Oil and gas leasing program for non-North Slope Federal lands -STATUTE- (a) Establishment; restrictions The Secretary shall establish, pursuant to the Mineral Leasing Act of 1920, as amended [30 U.S.C. 181 et seq.], an oil and gas leasing program on the Federal lands of Alaska not subject to the study required by section 3141 of this title, other than lands included in the National Petroleum Reserve - Alaska. Such program shall not be undertaken by the Secretary on those lands where applicable law prohibits such leasing or on those units of the National Wildlife Refuge System where the Secretary determines, after having considered the national interest in producing oil and gas from such lands, that the exploration for and development of oil or gas would be incompatible with the purpose for which such unit was established. (b) Study of oil and gas potential and impact of development and production; permits; consultations; State studies (1)(A) In such areas as the Secretary deems favorable for the discovery of oil or gas, he shall conduct a study, or studies, or collect and analyze information obtained by permittees authorized to conduct studies under this section, of the oil and gas potential of such lands and those environmental characteristics and wildlife resources which would be affected by the exploration for and development of such oil and gas. (B) The Secretary is authorized to issue permits for study, including geological, geophysical, and other assessment activities, if such activities can be conducted in a manner which is consistent with the purposes for which each affected area is managed under applicable law. (2) The Secretary shall consult with the Secretary of Energy regarding the national interest involved in exploring for and developing oil and gas from such lands and shall seek the views of the Governor of the State of Alaska, Alaskan local governments, Native Regional and Village Corporations, the Alaska Land Use Council, representatives of the oil and gas industry, conservation groups, and other interested groups and individuals in determining which land should be studied and/or leased for the exploration and development of oil and gas. (3) The Secretary shall encourage the State to undertake similar studies on lands associated, either through geological or other land values or because of possible transportation needs, with Federal lands. The Secretary shall integrate these studies, to the maximum extent practicable, with studies on Federal lands so that needs for cooperation between the Federal Government and the State of Alaska in managing energy and other natural resources, including fish and wildlife, can be established early in the program. (c) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22, 1987, 101 Stat. 1330-259 (d) Issuance of leases; competitive bidding Pursuant to the Mineral Leasing Act of 1920, as amended [30 U.S.C. 181 et seq.], the Secretary is authorized to issue leases, on the Federal lands described in this section, under such terms and conditions as he may, by regulation, prescribe. (e) Repealed. Pub. L. 100-203, title V, Sec. 5105(1), Dec. 22, 1987, 101 Stat. 1330-259 (f) Exploration plan Prior to any exploration activities on a lease issued pursuant to this section, the Secretary shall require the lessee to describe exploration activities in an exploration plan. He shall approve such plan if such activities can be conducted in conformity with such requirements as may be made by the Secretary for the protection and use of the land for the purpose for which it is managed under applicable law. (g) Development and production plan Subsequent to a discovery of oil or gas in paying quantities, and prior to developing and producing such oil and gas, the Secretary shall require the lessee to describe development and production activities in a development and production plan. He shall approve such plan if such activities may be conducted in conformity with such requirements as may be made by the Secretary for the protection and use of the land for the purpose for which it is managed under applicable law. (h) Revised development and production plan The Secretary shall monitor the performance of the lessee and, if he determines that due to significant changes in circumstances regarding that operation, including environmental or economic changes, new requirements are needed, he may require a revised development and production plan. (i) Suspension and cancellation of lease If the Secretary determines that immediate and irreparable damage will result from continuation in force of a lease, that the threat will not disappear and that the advantages of cancellation outweigh the advantages of continuation in force of a lease, he shall suspend operations for up to five years. If such a threat persists beyond such five-year suspension period, he shall cancel a lease and provide compensation to the lease under such terms as the Secretary establishes, by regulation, to be appropriate. -SOURCE- (Pub. L. 96-487, title X, Sec. 1008, Dec. 2, 1980, 94 Stat. 2454; Pub. L. 100-203, title V, Sec. 5105, Dec. 22, 1987, 101 Stat. 1330- 259.) -REFTEXT- REFERENCES IN TEXT The Mineral Leasing Act of 1920, as amended, referred to in subsecs. (a) and (d), is act Feb. 25, 1920, ch. 85, 4