Alaska National Interest Lands Conservation Act Compliance & Nonsubsistence Areas: How Can Alaska Thaw Out Rural & Alaska Native Subsistence Rights?

The Alaska Constitution prevents the Alaska National Interest Lands Conservation Act's (ANILCA) rural subsistence priority from being enforced. The Federal Government currently manages subsistence on federal lands in Alaska and Alaska can only resume management if it becomes ANILCA compliant. T...

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Bibliographic Details
Main Author: Strong, Miranda
Format: Text
Language:unknown
Published: Duke University School of Law 2013
Subjects:
Law
Online Access:https://scholarship.law.duke.edu/alr/vol30/iss1/3
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1350&context=alr
Description
Summary:The Alaska Constitution prevents the Alaska National Interest Lands Conservation Act's (ANILCA) rural subsistence priority from being enforced. The Federal Government currently manages subsistence on federal lands in Alaska and Alaska can only resume management if it becomes ANILCA compliant. The current federal management system does not sufficiently protect rural and Alaska Natives' subsistence rights. Alaska's Legislature must overcome the rural-urban divide to amend its constitution to become ANILCA compliant again by providing a modified rural priority that includes urban Alaska Natives. The Alaska Legislature should repeal the nonsubsistence zones statute because it denies federally defined rural areas the state's subsistence priority.