
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3102]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 3102. Definitions

    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.

(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.)

                       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.


                               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].''

                  Section Referred to in Other Sections

    This section is referred to in sections 823c, 3141 of this title; 
title 43 sections 1611, 1732; title 45 section 1202.
