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16 U.S.C. § 3124

Section 3124 · Regulations

Amended 2 times on record

Applied in 5 court decisions — leading case Totemoff v. State (1995)

Most recently applied in Alaska Department of Fish and Game v. Federal Subsistence Board (June 2025)

How often courts cite this section

1980199020002010202020252096-487enacted · 1980 · 96-487Totemoff v. Stateleading · 1995 · Totemoff v. Stateamended · 1997 · 105-83
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The Secretary, and the State at any time the State has complied with section 3115(d) of this title 1 shall prescribe such regulations as are necessary and appropriate to carry out his responsibilities under this subchapter. During any time that the State has complied with section 3115(d) of this title, the Secretary shall not make or enforce regulations implementing section 3115(a), (b), or (c) of this title.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Amendment of Section

For repeal of amendment by section 316(d) of Pub. L. 105–83, see Effective and Termination Dates of 1997 Amendment note below.

Amendments

1997—Pub. L. 105–83 inserted “, and the State at any time the State has complied with section 3115(d) of this title” after “The Secretary” and inserted at end “During any time that the State has complied with section 3115(d) of this title, the Secretary shall not make or enforce regulations implementing section 3115(a), (b), or (c) of this title.” See Effective and Termination Dates of 1997 Amendment note below.

Effective and Termination Dates of 1997 Amendment

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 effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment repealed on Dec. 1, 1998, if Secretary has not certified that such laws have been adopted in Alaska by such date, see section 316(d) of Pub. L. 105–83 set out as a note under section 3102 of this title.

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