Subsistence Management Notes – No. 2

In December of 1989, the Alaska Supreme Court ruled in McDowell vs. State ofAlaska that the rural preference provisions found in the State subsistence statutes violated the Alaska Constitution. The effect of this ruling required the State to delete the rural preference provisions from the statutes. Subsequently, this resulted in a “Finding” by the Secretary of Interior that the State was out of compliance with Title VIII (Subsistence Management and Use) of ANILCA. The Alaska Supreme Court “stayed” the effect of the McDowell decision until July 1, 1990. Many had hoped that the “stay” would allow the State legislature sufficient time to implement a new and acceptable subsistence law.

In the summer of 1990, Governor Steve Cowper called a special session of the legislature to specifically deal with the growing subsistence dilemma. The legislature adjourned on July 8th without passing a new subsistence law.

Consequently, the Secretaries of Agriculture and Interior assumed responsibility for putting into effect the procedures specified under ANILCA. The Secretaries set into motion the process and procedures which implement the legislatively mandated rural preference for subsistence management and use of Federal public lands in Alaska on July 1, 1990. Temporary Subsistence Management Regulations for Public Lands in Alaska were published in the Federal Register on June 29, 1990. These temporary regulations defined and implemented a Federal program approved by the Federal Subsistence Board (FSB).

The FSB is made up of six members, five federal land managers and a chairperson. Members of the FSB include the Regional Forester, Regional Directors of the National Park Service and Fish and Wildlife Service, The State Director of the Bureau of Land Management, and Area Director of the Bureau of Indian Affairs. The position of Chairperson of the FSB remains temporarily filled by Mr. Ron McCoy.