Page:United States Statutes at Large Volume 111 Part 2.djvu/512

 Ill STAT. 1592 PUBLIC LAW 105-83 —NOV. 14, 1997 16 USC 3102 SEC. 316. SUBSISTENCE HUNTING AND FISHING IN ALASKA, (a) note. MORATORIUM ON FEDERAL MANAGEMENT.— 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 to assert jurisdiction, management, or control over the navigable waters transferred to the State of Alaska pursuant to the Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959. (b) AMENDMENTS TO ALASKA NATIONAL INTEREST LANDS CON- SERVATION ACT. — (1) AMENDMENT OF ANILCA. —Except as otherwise expressly provided, whenever in this subsection an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). (2) DEFINITIONS.— Section 102(2) (16 U.S.C. 3102(2)) is amended to read as follows: "(2) 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.". (3) FINDINGS. —Section 801 (16 U.S.C. 3111) is amended— (A) by inserting "(a)" immediately before "The Congress finds and declares"; and (B) by inserting at the end the following new subsection: "(b) The Congress finds and declares further that— "(1) subsequent to the enactment of this Act in 1980, the subsistence law of the State of Alaska (AS 16.05) accomplished the goals of Congress and requirements of this Act in providing subsistence use opportunities for rural residents of Alaska, both Alaska Native and non-Alaska Native; "(2) the Alaska subsistence law was challenged in Alaska courts, and the rural preference requirement in the law was found in 1989 by the Alaska Supreme Court in McDowell V. State of Alaska (785 P.2d 1, 1989) to violate the Alaska Constitution; "(3) since that time, repeated attempts to restore the validity of the State law through an amendment to the Alaska Constitution have failed, and the people of Alaska have not been given the opportunity to vote on such an amendment; "(4) in accordance with title VIII of this Act, the Secretary of the Interior is required to manage fish and wildlife for subsistence uses on all public lands in Alaska because of the failure of State law to provide a rural preference; "(5) the Ninth Circuit Court of Appeals determined in 1995 in State of Alaska v. Babbitt (73 F.3d 698) that the subsistence priority required on public lands under section 804 of this Act applies to navigable waters in which the United States has reserved water rights as identified by the Secretary of the Interior; "(6) management of fish and wildlife resources by State governments has proven successful in all 50 States, including Alaska, and the State of Alaska should have the opportunity

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