PUBLIC LAW 105-83—NOV. 14, 1997 111 STAT. 1593 to continue to manage such resources on all lands, including public lands, in Alaska in accordance with this Act, as amended; and "(7) it is necessary to amend portions of this Act to restore the original intent of Congress to protect and provide for the continued opportunity for subsistence uses on public lands for Alaska Native and non-Alaska Native rural residents through the management of the State of Alaska.". (4) TITLE VIII DEFINITIONS.— Section 803 (16 U.S.C. 3113) is amended— (A) by striking "and" at the end of paragraph (1); (B) by striking the period and inserting a semicolon at the end of paragraph (2); and (C) by inserting at the end the following new paragraphs: "(3) 'customary and traditional uses' means the noncommercial, long-term, and consistent taking of, use of, or reliance upon fish and wildlife in a specific area and the patterns and practices of taking or use of that fish and wildlife that have been established over a reasonable period of time, taking into consideration the availability of the fish and wildlife; "(4) 'customary trade' means, except for money sales of furs and furbearers, the limited noncommercial exchange for money of fish and wildlife or their parts in minimal quantities; and "(5) 'rural Alaska resident' means a resident of a rural community or area. A 'rural community or area' means a community or area substantially dependent on fish and wildlife for nutritional and other subsistence uses.". (5) PREFERENCE FOR SUBSISTENCE USES.— Section 804 (16 U.S.C. 3114) is amended— (A) by inserting "(a)" immediately before the first sentence; and (B) by inserting at the end the following new subsection: "(b) The priority granted by this section is for a reasonable opportunity to take fish and wildlife. For the purposes of this subsection, the term 'reasonable opportunity* means an opportunity, consistent with customary and traditional uses (as defined in section 803(3)), to participate in a subsistence hunt or fishery with a reasonable expectation of success, and does not mean a guarantee that fish and wildlife will be taken.". (6) LOCAL AND REGIONAL PARTICIPATION. -—Section 805 (16 U.S.C. 3115) is amended— (A) in subsection (a) by striking "one year after the date of enactment of this Act,"; and (B) by amending subsection (d) to read as follows: "(d)(1) Upon certification by the Secretary that the State has enacted and implemented laws of general applicability which are consistent with, and which provide for the definition, preference, and participation specified in sections 803, 804, and 805, the Secretary shall not implement subsections (a), (b), and (c) of this section, and the State may immediately assume management for the taking of fish and wildlife on the public lands for subsistence uses pursuant to this title. Upon assumption of such management by the State, the Secretary shall not implement subsections (a), (b), and (c) of this section unless a court of competent jurisdiction 39-194O-97- 17:QL3Part2
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