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16 U.S.C. § 3120 — Subsistence and land use decisions

submitted 46 years ago by Pub. L. 96-487 to r/title-16-CONSERVATION · 383 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before significantly restricting subsistence use through a public-land action, the head of the Federal agency having primary jurisdiction over the lands must assess effects and alternatives, give notice, hold a hearing, and make three findings. The section also addresses environmental statements, State and Native land rights, and later land management by the appropriate Federal agency.

(a) Factors and requirements. When deciding whether to withdraw, reserve, lease, or otherwise allow use, occupancy, or disposal of public lands, the head of the Federal agency having primary jurisdiction over those lands, or that person’s designee, must assess effects on subsistence uses and needs, other available lands, and alternatives that would reduce or eliminate use of public lands needed for subsistence. A withdrawal, reservation, lease, permit, or other action that would significantly restrict subsistence use may not occur until the head of that Federal agency: (1) notifies the proper State agency and the appropriate local committees and regional councils under section 3115; (2) gives notice of and holds a hearing near the area involved; and (3) finds that the restriction is necessary and consistent with sound public-land management, the activity uses the minimum public land needed, and reasonable steps will minimize harm to subsistence uses and resources. (b) Environmental statement. If the Secretary must prepare an environmental impact statement under section 4332(2)(C) of title 42, the Secretary must provide that notice and hearing and include those findings in the statement. (c) State and Native selections. Nothing here prohibits or impairs Alaska or a Native Corporation from selecting and receiving land under the Alaska Statehood Act or Alaska Native Claims Settlement Act. (d) Management or disposal. After following this section and other applicable law, the head of the appropriate Federal agency may manage or dispose of public lands under that agency head’s primary jurisdiction for uses or purposes authorized by this Act or other law.

the actual law source: uscode.house.gov ↗public domain
(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) 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 credit: (Pub. L. 96–487, title VIII, § 810, Dec. 2, 1980, 94 Stat. 2427.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-487 · 94 Stat. 2427

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-487 on 1980-12-02.

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