16 U.S.C. § 3170

Special access and access to inholdings

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(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, § 1110, Dec. 2, 1980, 94 Stat. 2464.)Editorial NotesReferences in Text

This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, 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.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1986–2025 · leading case: United States v. Joseph E. Vogler v. N. Alaska Env't Ctr. Sierra Club, Alaska Chapter the Wilderness Soc'y, Plaintiff-Intervenors, 859 F.2d 638 (9th Cir. 1988).

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United States v. Joseph E. Vogler v. N. Alaska Env't Ctr. Sierra Club, Alaska Chapter the Wilderness Soc'y, Plaintiff-Intervenors, 859 F.2d 638 (9th Cir. 1988). · cites it 2× “See 16 U.S.C. § 3170 . In evaluating a permit application, the Park Service must provide an applicant with “adequate and feasible” access to any mine claim owned within the Preserve.”

John Sturgeon v. Sue Masica, 872 F.3d 927 (9th Cir. 2017). · cites it 2× “for travel to and from villages and homesites,” 16 U.S.C. § 3170 (a), and “the taking of .”

N. Alaska Env't Ctr. v. Donald P. Hodel, & Alaska Miners Ass'n, Defendants-Intervenors-Appellants, 803 F.2d 466 (9th Cir. 1986). “16 U.S.C. § 3170 (b). Recognizing this provision, 36 C.”

Hale v. Norton, 476 F.3d 694 (9th Cir. 2007). · cites it 3× “16 U.S.C. § 3170 (b). The Hales contend that the guarantee of “adequate and feasible access” under ANILCA supersedes other laws, including NEPA, and thus it is unreasonable for the NPS, acting on behalf of the Secretary of the Department of the Interior, to subject their permit…”

Alaska State Snowmobile Ass'n, Inc. v. Babbitt, 79 F. Supp. 2d 1116 (D. Alaska 1999). · cites it 5× “173 Were the ANILCA provision at issue here, 16 U.S.C. § 3170 (a), intended to allow snowmachine use only for subsistence activities, it would be entirely superfluous with respect to snowmachine use.”

Alaska Dep't of Fish & Game v. Fed. Subsistence Bd., 139 F.4th 773 (9th Cir. 2025). “” 16 U.S.C. § 3170 (b) (emphasis added). In Section 1111, Congress allowed the Secretary to “authorize and permit temporary access by the State or a private landowner to or across any conservation system unit, national recreation area, national conservation area, the National…”

Friends of Alaska Nat'l v. Debra Haaland, 29 F.4th 432 (9th Cir. 2022). · cites it 2× “The panel did not need to consider the alternative argument advanced by the State of Alaska that the land exchange was exempted from Title XI by 16 U.S.C. § 3170 (b). Judge Wardlaw dissented.”

Hale v. Norton, 461 F.3d 1092 (9th Cir. 2006). · cites it 3× “16 U.S.C. § 3170 (b). The Hales contend that the guarantee of “adequate and feasible access” under ANILCA supersedes other laws, including NEPA, and thus it is unreasonable for the NPS, acting on behalf of the Secretary of the Department of the Interior, to subject their permit…”

Hale v. Norton, 437 F.3d 892 (9th Cir. 2006). “” 16 U.S.C. § 3170 (b). We also agree with the district court that it was without jurisdiction to reach the merits of the Hales’ suit.”

Friends of Alaska Nat'l Wildlife Refuges v. Bernhardt (D. Alaska 2020). “); 16 U.S.C. § 3170 (a) (same). 27 9816 U.S.”

Green v. United States Forest Serv. (S.D. Cal. 2023). “1993); see also 16 U.S.C. § 3170 (b) (rights 27 are subject to reasonable regulations to protect the natural and other values of 28 such lands).”

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