
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: 16USC3170]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
 
  SUBCHAPTER IV--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND 
                 ACCESS INTO, CONSERVATION SYSTEM UNITS
 
Sec. 3170. Special access and access to inholdings


(a) Use of snowmachines, motorboats, airplanes, nonmotorized surface 
        transportation, etc. for traditional activities and for travel

    Notwithstanding any other provision of this Act or other law, the 
Secretary shall permit, on conservation system units, national 
recreation areas, and national conservation areas, and those public 
lands designated as wilderness study, the use of snowmachines (during 
periods of adequate snow cover, or frozen river conditions in the case 
of wild and scenic rivers), motorboats, airplanes, and nonmotorized 
surface transportation methods for traditional activities (where such 
activities are permitted by this Act or other law) and for travel to and 
from villages and homesites. Such use shall be subject to reasonable 
regulations by the Secretary to protect the natural and other values of 
the conservation system units, national recreation areas, and national 
conservation areas, and shall not be prohibited unless, after notice and 
hearing in the vicinity of the affected unit or area, the Secretary 
finds that such use would be detrimental to the resource values of the 
unit or area. Nothing in this section shall be construed as prohibiting 
the use of other methods of transportation for such travel and 
activities on conservation system lands where such use is permitted by 
this Act or other law.

(b) Right of access to State or private owner or occupier

    Notwithstanding any other provisions of this Act or other law, in 
any case in which State owned or privately owned land, including 
subsurface rights of such owners underlying public lands, or a valid 
mining claim or other valid occupancy is within or is effectively 
surrounded by one or more conservation system units, national recreation 
areas, national conservation areas, or those public lands designated as 
wilderness study, the State or private owner or occupier shall be given 
by the Secretary such rights as may be necessary to assure adequate and 
feasible access for economic and other purposes to the concerned land by 
such State or private owner or occupier and their successors in 
interest. Such rights shall be subject to reasonable regulations issued 
by the Secretary to protect the natural and other values of such lands.

(Pub. L. 96-487, title XI, Sec. 1110, Dec. 2, 1980, 94 Stat. 2464.)

                       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.

                  Section Referred to in Other Sections

    This section is referred to in section 460mm-3 of this title.
