16 U.S.C. § 3115 — Local and regional participation

(a) Establishment and duties. Except as subsection (d) provides, after consulting Alaska, the Secretary must establish: (1) at least six Alaska subsistence-resource regions covering all public lands, with boundaries sufficient to accommodate regional differences; (2) local advisory committees when, after notice and hearing, existing State fish-and-game committees do not adequately perform the required local functions; and (3) a regional advisory council in each region. Each council must consist of regional residents and may: (A) review and evaluate proposed regulations, policies, management plans, and other matters about subsistence fish and wildlife use; (B) provide a forum for opinions and recommendations; (C) encourage local and regional participation in decisions about taking fish and wildlife on public lands for subsistence; and (D) prepare an annual report to the Secretary identifying current and expected uses, evaluating current and expected needs, recommending a management strategy, and recommending policies, standards, guidelines, and regulations to carry it out. The State fish and game advisory committees or the local advisory committees that the Secretary may establish under paragraph (2) may advise and assist the regional advisory councils in carrying out these functions. (b) Staff and data. The Secretary must assign adequate qualified staff and timely distribute relevant technical and scientific data to the councils and the State fish and game advisory committees or the local advisory committees that the Secretary may establish under paragraph (2) of subsection (a). (c) Consideration. In monitoring under section 3116 and using closure or other administrative authority, the Secretary must consider each council’s report and recommendations. The Secretary may reject a recommendation not supported by substantial evidence, contrary to recognized conservation principles, or harmful to meeting subsistence needs, but must state the facts and reasons. (d) State replacement. The Secretary must not implement (a)–(c) if Alaska enacts and implements generally applicable laws consistent with the definitions, preference, and participation in sections 3113–3115. Those laws supersede those sections concerning State responsibility unless repealed. The State system must require its rulemaking authority to consider regional-council advice and recommendations. Councils may present recommendations and supporting evidence. The State authority may reject a recommendation for lack of substantial evidence in its proceeding, conflict with conservation principles, or harm to rural subsistence needs, but must state facts and reasons. (e) Reimbursement. (1) The Secretary must reimburse Alaska for reasonable costs of regional councils established under (d) and State fish-and-game committees while they are not superseded. Reimbursement may not exceed 50 percent in a fiscal year, must be supported by a statement the Secretary finds adequate and accurate, and is additional to other entitled Interior funds. (2) Total annual payments may not exceed $5 million. At least every five years the Secretary must tell Congress whether that maximum is adequate to make Alaska’s subsistence-preference program effective.