U.S. Code » Title 16 » Chapter CHAPTER 51— ALASKA NATIONAL INTEREST LANDS CONSERVATION › Subchapter SUBCHAPTER II— SUBSISTENCE MANAGEMENT AND USE

16 U.S.C. § 3112

Congressional statement of policy

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It is hereby declared to be the policy of Congress that—(1) consistent with sound management principles, and the conservation of healthy populations of fish and wildlife, the utilization of the public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the resources of such lands; consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for each unit established, designated, or expanded by or pursuant to titles II through VII of this Act, the purpose of this subchapter is to provide the opportunity for rural residents engaged in a subsistence way of life to do so;(2) nonwasteful subsistence uses of fish and wildlife and other renewable resources shall be the priority consumptive uses of all such resources on the public lands of Alaska when it is necessary to restrict taking in order to assure the continued viability of a fish or wildlife population or the continuation of subsistence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public lands over other consumptive uses; and(3) except as otherwise provided by this Act or other Federal laws, Federal land managing agencies, in managing subsistence activities on the public lands and in protecting the continued viability of all wild renewable resources in Alaska, shall cooperate with adjacent landowners and land managers, including Native Corporations, appropriate State and Federal agencies, and other nations.(Pub. L. 96–487, title VIII, § 802, Dec. 2, 1980, 94 Stat. 2422.)Editorial NotesReferences in Text

This Act, referred to in pars. (1) and (3), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. Titles II through VII of this Act enacted sections 410hh to 410hh–5, 460mm to 460mm–3, 539 to 539e, and 1285b of this title, amended sections 1274, 1276, 1279, and 1280 of this title, enacted provisions set out as notes under sections 668dd, 1132, 1274, and 3145 of this title, and enacted provisions listed in a table of National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1984–2025 · leading case: Totemoff v. State, 905 P.2d 954 (Alaska 1995).
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Totemoff v. State, 905 P.2d 954 (Alaska 1995). · cites it 2× “” 16 U.S.C. § 3112 (1). Section 814 requires the Secretaries of Interior and Agriculture to promulgate regulations necessary to carry out their responsibilities under Title VIII.”
United States v. George J. Alexander, United States of Am. v. Henry W. Peele, 938 F.2d 942 (9th Cir. 1991). · cites it 2× “16 U.S.C. §§ 3112 and 3114. Thus, I fail to see how these defendants can parry the attack upon their actions by baldly asserting that the taking limits of 5 Alaska Admin.”
State of Alaska v. Bruce Babbitt, Sec'y of the Interior, Katie John v. United States of Am., 72 F.3d 698 (9th Cir. 1995). “ANILCA forbids "subsistence uses” that are “wasteful,” 16 U.S.C. § 3112 , and excludes from "subsistence uses” fish caught for commercial sale, 16 U.”
Charles v. State, 232 P.3d 739 (Alaska Ct. App. 2010). · cites it 2× “" 16 U.S.C. § 3112 (1). Subsistence harvest of fish and wildlife on public lands must be accorded priority over the taking of fish and wildlife for other purposes.”
City of Tenakee Springs v. Clough, 915 F.2d 1308 (9th Cir. 1990). “” 16 U.S.C. § 3112 (1). The proposed action under review in the ten volume SEIS authorizes the Service to make available to APC approximately 696 MMBF of timber in four selected AAs for the 1986-90 operating period.”
Alaska Wilderness Rec. & Tourism Ass'n v. Morrison, 67 F.3d 723 (9th Cir. 1995). “” 16 U.S.C. § 3112 (1). Passed in 1980, ANILCA provides that 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 agency shall “evaluate the effect of…”
City of Angoon v. Hodel, 803 F.2d 1016 (9th Cir. 1986). “, ANILCA § 802(3), 16 U.S.C. § 3112 (3) (“Federal land managing agencies .”
Nat'l Audubon Soc'y v. Hodel, 606 F. Supp. 825 (D. Alaska 1984). “§ 3111 (4); 16 U.S.C. § 3112 (1). 60 . People of the Village of Gambell v.”
State of Alaska, Dep't of Fish & Game v. Fed. Subsistence Bd. (D. Alaska 2023). · cites it 7× “’”40 They assert that ANILCA’s “affirmative command” to accord priority to subsistence uses “cannot be reconciled” with the State’s position that ANILCA does not authorize the FSB to open an emergency hunt to rural subsistence users.”
State of Alaska, Dep't of Fish & Game v. Fed. Subsistence Bd. (D. Alaska 2020). · cites it 2× “62 16 U.S.C. § 3112 (1) (Section 802). 63 Fed.”
Sovereign Inupiat for a Living Arctic v. United States Bureau of Land Mgmt. (9th Cir. 2025). · cites it 2× “16 U.S.C. § 3112 (2). It does not consider the commercial sale of fish a “subsistence use[].”
People v. Clark, 746 F.2d 572 (9th Cir. 1984). “” Section 802(1), 16 U.S.C. § 3112 (1). The stated purpose of Title VIII in particular “is to provide the opportunity for rural residents engaged in a subsistence way of life to do so.”
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