§ 3117. Judicial enforcement
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/usc/title-16/section-3117A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Exhaustion of administrative remedies; civil action; parties; preliminary injunctive relief; other relief; costs and attorney’s fees 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 3114 of this title (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 3115(d) of this title) 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 3114 of this title; 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(b)Repealed. Pub. L. 98–620, title IV, § 402(22)(A), Nov. 8, 1984, 98 Stat. 3358
(c)Section as sole Federal judicial remedy This section is the sole Federal judicial remedy created by this subchapter 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 3114 of this title.
(Pub. L. 96–487, title VII, § 807, Dec. 2, 1980, 94 Stat. 2426; Pub. L. 98–620, title IV, § 402(22)(A), Nov. 8, 1984, 98 Stat. 3358; Pub. L. 105–83, title III, § 316(b)(7), (d), Nov. 14, 1997, 111 Stat. 1594, 1595.)
Connections4 cite this · traces to 4
Cited by 4 sections
statutes-at-large
- Public Law 105–82To designate the Marjory Stoneman Douglas Wilderness and the Ernest F
- Public Law 98–620To amend title 28
- Public Law 96–487To provide for the designation and conservation of certain public lands in the State of Alaska, including the designation of units of the National Park, National Wildlife Refuge, National Forest, National Wild and Scenic Rivers, and National Wilderness Preservation Systems, and for other purposes
statute-compilations
12 references not yet in our index
- Pub. L. 96–487, title VII, § 807
- 94 Stat. 2426
- Pub. L. 98–620, title IV, § 402(22)(A)
- 98 Stat. 3358
- Pub. L. 105–83, title III, § 316(b)(7)
- 111 Stat. 1594
- Pub. L. 105–83, § 316(b)(7)
- Pub. L. 105–83, § 316(d)
- Pub. L. 98–620
- Pub. L. 105–83
- section 316(d) of Pub. L. 105–83
- section 403 of Pub. L. 98–620
Citation graph
cites case law
§ 3117
Judicial enforcement
Stat.×3
Stat. Comp.×1
Pub. L.Pub. L. 96–487, title VII, § 807
Stat.94 Stat. 2426
Pub. L.Pub. L. 98–620, title IV, § 402(22)(A)
Stat.98 Stat. 3358
Pub. L.Pub. L. 105–83, title III, § 316(b)(7)
Cites 16 · showing 9Cited by 4 across 2 sources