16 U.S.C. § 539b — Fisheries on national forest lands in Alaska

(a) Regulations for protection and maintenance of habitats The Secretary of Agriculture, using existing authority to manage surface resources, must write reasonable regulations — after consulting the Secretaries of Commerce and the Interior and the State of Alaska — to protect fish habitat on national forest lands in Alaska. The goal is to keep habitat for anadromous fish (fish like salmon that swim from the sea to spawn in fresh water) and other foodfish as healthy as possible, and to keep that habitat producing fish over the long term, when mining activity affects it. In consultation with the State, the Secretary must also look at how these decisions affect fish populations. (b) Approved plan for mining operations; requirements; review; modification; suspension of activities Because mining planned for the Quartz Hill area of the Tongass National Forest is large-scale and close to important fisheries, the Secretary's regulations must require that any mining operation there involving significant surface disturbance follow an approved plan of operations. Before approving such a plan — or any distinct stage of it — for claims that might affect fishery habitat or value, the Secretary must consult the Secretaries of Commerce and the Interior and the State of Alaska, and must determine: 1. That the plan is based on, and includes, studies adequate for (A) evaluating water quality, water quantity, fishery habitat, and other fishery values in the affected area, and (B) evaluating, as much as feasible, how sensitive that habitat is to environmental harm from the planned activities, at every life stage of the affected fish and their major food sources. 2. That the plan properly identifies the risks and benefits the operations pose to (A) the stability and long-term productivity of anadromous fish and other foodfish, (B) fishery habitat, including water quality and quantity, and (C) other fishery values. 3. That the plan includes adequate provisions to (A) prevent significant harm to fishery habitat or other fishery values, and (B) maintain the long-term productivity of the habitat that mining and related activities might affect. 4. (A) That the Secretary will make sure, as much as feasible, that the plan's cumulative effects won't interfere with collecting the baseline information needed to judge the plan's later effects on fish habitat and productivity, and (B) that the Secretary will review the plan and the mining activity at least once a year. If, after notice and a hearing, the Secretary finds that activities are harming the continued productivity of anadromous fish, other foodfish, or their habitat, the Secretary must require the plan to be modified to eliminate or reduce that harm. 5. That if the Secretary finds a mining activity poses a threat of irreparable harm to anadromous fish, other foodfish, or their habitat, and immediate correction is needed, the Secretary may suspend that activity for up to seven days. The activity can resume after the seven days unless a U.S. district court says otherwise. (c) Authority of State of Alaska to manage fish and wildlife Nothing in this section adds to or takes away the State of Alaska's responsibility and authority to manage fish and wildlife, or its other duties under applicable law. (d) Authority of Secretary of Agriculture to manage national forests Except for what subsection (b)(5) specifically says about suspending activity, nothing in this section adds to or takes away the Secretary of Agriculture's responsibilities and authority to manage the national forests.