§ 3117. Judicial enforcement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Alaska National Interest Lands Conservation Act

   Pub. L. 96–487 title VII § 807 · 94 Stat. 2371

   Enacted · 16 U.S.C. § 3117

   Pub. L. 96–487, title VII, § 807, Dec. 2, 1980, 94 Stat. 2426

   Source evidence

   Code source credit
   Pub. L. 96–487, title VII, § 807, Dec. 2, 1980, 94 Stat. 2426

   Enacted provision · exact public law section
   Sec. 807. judicial enforcement (a) Local residents and other persons and organizations aggrieved by a failure of the State or the Federal Government to provide for the priority for subsistence uses set forth in section 804 (or with respect to the State as set forth in a State law of general applicability if the State has fulfilled the requirements of section 805(d)) may, upon exhaustion of any State or Federal (as appropriate) administrative remedies which may be available, file a civil action in the United States District Court for the District of Alaska to require such actions to be taken as are necessary to provide for the priority. In a civil action filed against the State, the Secretary may be joined as a party to such action. The court may grant preliminary injunctive relief in any civil action if the granting of such relief is appropriate under the facts upon which the action is based. No order granting preliminary relief shall be issued until after an opportunity for hearing. In a civil action filed against the State, the court shall provide relief, other than preliminary relief, by directing the State to submit regulations which satisfy the requirements of section 804; when approved by the court, such regulations shall be incorporated as part of the final judicial order, and such order shall be valid only for such period of time as normally provided by State law for the regulations at issue. Local residents and other persons and organizations who are prevailing parties in an action filed pursuant to this section shall be awarded their costs and attorney’s fees. (b) A civil action filed pursuant to this section shall be assigned for hearing at the earliest possible date, shall take precedence over other matters pending on the docket of the United States district court at that time, and shall be expedited in every way by such court and any appellate court. (c) This section is the sole Federal judicial remedy created by this title for local residents and other residents who, and organizations which, are aggrieved by a failure of the State to provide for the priority of subsistence uses set forth in section 804.

2. 1984

   Pub. L. 98–620 title IV § 402(22)(A) · 98 Stat. 3335

   Struck · 16 U.S.C. § 3117(b)

   Pub. L. 98–620 struck out subsec. (b) which had provided that a civil action filed pursuant to this section was to be assigned for hearing at the earliest possible date, was to take precedence over other matters pending on the docket of the United States district court at that time, and was to be expedited in every way by such court and any appellate court

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–620 struck out subsec. (b) which had provided that a civil action filed pursuant to this section was to be assigned for hearing at the earliest possible date, was to take precedence over other matters pending on the docket of the United States district court at that time, and was to be expedited in every way by such court and any appellate court.

   Enacted provision · exact public law section
   (A) Section 807(b) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3117(b)) is repealed.

3. 1997

   Pub. L. 105–83 § 316(b)(7) · 111 Stat. 1543

   Repealed · 16 U.S.C. § 3117(b)

   Pub. L. 105–83, § 316(b)(7), which directed amendment of section by adding subsec. (b) reading as follows: “State agency actions may be declared invalid by the court only if they are arbitrary, capricious, or an abuse of discretion, or otherwise not in accordance with law. When reviewing any action within the specialized knowledge of a State agency, the court shall give the decision of the State agency the same deference it would give the same decision of a comparable Federal agency.”, was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendments note below

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–83, § 316(b)(7), which directed amendment of section by adding subsec. (b) reading as follows: “State agency actions may be declared invalid by the court only if they are arbitrary, capricious, or an abuse of discretion, or otherwise not in accordance with law. When reviewing any action within the specialized knowledge of a State agency, the court shall give the decision of the State agency the same deference it would give the same decision of a comparable Federal agency.”, was repealed by Pub. L. 105–83, § 316(d). See Effective and Termination Dates of 1997 Amendments note below.

   Enacted provision · exact public law section
   (7) Judicial enforcement.— Section 807 (16 U.S.C. 3117) is amended by inserting the following as subsection (b): “(b) State agency actions may be declared invalid by the court only if they are arbitrary, capricious, or an abuse of discretion, or otherwise not in accordance with law. When reviewing any action within the specialized knowledge of a State agency, the court shall give the decision of the State agency the same deference it would give the same decision of a comparable Federal agency.”.

   Effective date note
   Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105–83 was effective only for purpose of determining whether State’s laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105–83 set out as a note under section 3102 of this title.

3 of 3 references resolved to an enrolled provision