US (United States) Code. Title 43. Chapter 33A: Implementation of Alaska Native Claims Settlement and Statehood

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE

CLAIMS SETTLEMENT AND ALASKA STATEHOOD 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-MISC1-

Sec.

1631. Ownership of submerged lands.

(a) Meandering in the surveying of submerged land.

(b) Ownership of riparian lands; ratification of

memorandum of agreement.

(c) Interim conveyances and patents; navigability

of streams; award of costs and attorney's

fees.

(d) Definitions.

1632. Statute of limitations on decisions of Secretary and

reconveyance of land by Village Corporation.

1633. Administrative provisions.

(a) Limitations concerning easements.

(b) Acquisition of future easements.

(c) Status of certain lease offers.

(d) Limitation.

1634. Alaska Native allotments.

(a) Approval of applications for certain lands;

lands containing coal, oil, or gas; nonmineral

lands; lands within National Park System;

protests; voluntary relinquishment of

application.

(b) Conflicting land descriptions in applications;

adjustments; reductions.

(c) Amendment of land description in application;

notification; protest; adoption of final plan

of survey.

(d) Powersites and power projects.

(e) Validity of existing rights; rights acquired by

actual use and national forest lands

unaffected.

(f) Reinstatement.

1635. State selections and conveyances.

(a) Omitted.

(b) School lands settlement.

(c) Prior tentative approvals.

(d) Prior State selections.

(e) Future "top filings".

(f) Right to overselect.

(g) Conveyance of specified lands.

(h) Limitation of conveyances of specified lands

tentative approvals; surveys.

(i) Adjudication.

(j) Clarification of land status outside units.

(k) Interim provisions.

(l) Existing rights.

(m) Extinguishment of certain time extensions.

(n) Effect on third-party rights.

(o) Status of lands within units.

(p) PYK Line.

1636. Alaska land bank.

(a) Establishment; agreements.

(b) Terms of agreement.

(c) Benefits to private landowners.

(d) Automatic protections for lands conveyed

pursuant to Alaska Native Claims Settlement

Act.

(e) Condemnation.

(f) Existing contracts.

(g) State jurisdiction.

1637. Use of protraction diagrams.

1638. National Environmental Policy Act.

1639. Construction with Alaska Native Claims Settlement Act.

1640. Relinquishment of selections partly within

conservation units.

1641. Conveyances to Village Corporations.

(a) Optional procedure.

(b) "Core" townships, etc.

(c) Documents.

(d) Reconveyances; disputes.

(e) Existing rights.

(f) Easements.

(g) "Native Corporation" defined.

1642. Land conveyances.

-End-

-CITE-

43 USC Sec. 1631 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1631. Ownership of submerged lands

-STATUTE-

(a) Meandering in the surveying of submerged land

(1) Except as provided in paragraph (2), whenever the Secretary

surveys land selected by a Native, a Native Corporation, or the

State pursuant to the Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.], the Alaska Statehood Act, or this Act, lakes,

rivers, and streams shall be meandered in accordance with the

principles in the Bureau of Land Management, "Manual of Surveying

Instructions" (1973).

(2) If title to lands beneath navigable waters of a lake less

than fifty acres in size or a river or stream less than three

chains in width did not vest in the State pursuant to the Submerged

Lands Act [43 U.S.C. 1301 et seq., 1311 et seq.], such lake, river,

or stream shall not be meandered.

(3) The Secretary is not required to determine the navigability

of a lake, river, or stream which because of its size or width is

required to be meandered or to compute the acreage of the land

beneath such lake, river, or stream or to describe such land in any

conveyance document.

(4) Nothing in this subsection shall be construed to require

ground survey or monumentation of meanderlines.

(b) Ownership of riparian lands; ratification of memorandum of

agreement

(1) Whenever, either before or after August 16, 1988, the

Secretary conveys land to a Native, a Native Corporation, or the

State pursuant to the Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.], the Alaska Statehood Act, or this Act which

abuts or surrounds a meanderable lake, river, or stream, all right,

title, and interest of the United States, if any, in the land under

such lake, river, or stream lying between the uplands and the

median line or midpoint, as the case may be, shall vest in and

shall not be charged against the acreage entitlement of such Native

or Native Corporation or the State. The right, title, and interest

vested in a Native or Native Corporation shall be no greater an

estate than the estate he or it is conveyed in the land which abuts

or surrounds the lake, river, or stream.

(2) The specific terms, conditions, procedures, covenants,

reservations, and other restrictions set forth in the document

entitled, "Memorandum of Agreement between the United States

Department of the Interior and the State of Alaska" dated March 28,

1984, signed by the Secretary and the Governor of Alaska and

submitted to the Committee on Interior and Insular Affairs of the

House of Representatives, and the Committee on Energy and Natural

Resources of the Senate, are hereby incorporated in this section

and are ratified as to the duties and obligations of the United

States and the State, as a matter of Federal law.

(c) Interim conveyances and patents; navigability of streams; award

of costs and attorney's fees

(1) The execution of an interim conveyance or patent, as

appropriate, by the Bureau of Land Management which conveys an area

of land selected by a Native or Native Corporation which includes,

surrounds, or abuts a lake, river, or stream, or any portion

thereof, shall be the final agency action with respect to a

decision of the Secretary of the Interior that such lake, river, or

stream, is or is not navigable, unless such decision was validly

appealed to an agency or board of the Department of the Interior on

or before December 2, 1980.

(2) No agency or board of the Department of the Interior other

than the Bureau of Land Management shall have authority to

determine the navigability of a lake, river, or stream within an

area selected by a Native or Native Corporation pursuant to the

Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] or

this Act unless a determination by the Bureau of Land Management

that such lake, river, or stream, is or is not navigable, was

validly appealed to such agency or board on or before December 2,

1980.

(3) If title to land conveyed to a Native Corporation pursuant to

the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] or

this Act which underlies a lake, river, or stream is challenged in

a court of competent jurisdiction and such court determines that

such land is owned by the Native Corporation, the Native

Corporation shall be awarded a money judgment against the

plaintiffs in an amount equal to its costs and attorney's fees,

including costs and attorney's fees incurred on appeal.

(d) Definitions

For the purposes of this section, the terms "navigable" and

"navigability" means navigable for the purpose of determining title

to lands beneath navigable waters, as between the United States and

the several States pursuant to the Submerged Lands Act [43 U.S.C.

1301 et seq., 1311 et seq.] and section 6(m) of the Alaska

Statehood Act.

-SOURCE-

(Pub. L. 96-487, title IX, Sec. 901, Dec. 2, 1980, 94 Stat. 2430;

Pub. L. 99-258, Mar. 19, 1986, 100 Stat. 42; Pub. L. 99-644, Nov.

10, 1986, 100 Stat. 3581; Pub. L. 100-395, title I, Sec. 101, Aug.

16, 1988, 102 Stat. 979.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsecs.

(a)(1), (b)(1), and (c)(2), (3), is Pub. L. 92-203, Dec. 18, 1971,

85 Stat. 688, as amended, which is classified generally to chapter

33 (Sec. 1601 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1601 of this title and Tables.

This Act, referred to in subsecs. (a)(1), (b)(1), and (c)(2),

(3), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended,

known as the Alaska National Interest Lands Conservation Act. For

complete classification of this Act to the Code, see Short Title

note set out under section 3101 of Title 16, Conservation, and

Tables.

The Alaska Statehood Act, referred to in subsecs. (a)(1), (b)(1),

and (d), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended,

which is set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For complete classification of

this Act to the Code, see Tables.

The Submerged Lands Act, referred to in subsecs. (a)(2) and (d),

is act May 22, 1953, ch. 65, 67 Stat. 29, as amended, which is

classified generally to subchapters I and II (Secs. 1301 et seq.,

1311 et seq.) of chapter 29 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1301 of this title and Tables.

-COD-

CODIFICATION

August 16, 1988, referred to in subsec. (b)(1), was in the

original "the date of enactment of this section", which was

translated as meaning the date of enactment of Pub. L. 100-395,

which amended this section generally, to reflect the probable

intent of Congress.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-395 amended section generally, revising and

restating as subsecs. (a) to (d) provisions of former subsecs. (a)

to (h).

1986 - Subsec. (a). Pub. L. 99-644 substituted "eight years after

the date of execution" for "six years after the date of execution"

in two places and "nine years after December 2, 1980" for "seven

years after December 2, 1980" in two places.

Pub. L. 99-258 substituted "six years after the date of

execution" for "five years after the date of execution" in two

places.

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

-MISC2-

CONSTRUCTION

Section 102 of Pub. L. 100-395 provided that: "Nothing in this

Act [amending this section and section 3192 of Title 16,

Conservation, and enacting provisions set out as notes under this

section] shall amend or alter any land exchange agreement to which

the United States is a party, or any statute, including but not

limited to the Act of January 2, 1976 (89 Stat. 1151) and section

506(c) of the Alaska National Interest Lands Conservation Act (94

Stat. 2409; Public Law 96-487), that authorizes, ratifies or

implements such an agreement."

REPORT TO CONGRESS

Section 103 of Pub. L. 100-395 directed Secretary of the Interior

to prepare a report that assesses the effects of the implementation

of section 101 of Pub. L. 100-395 (amending this section) on

Conservation System Units as defined in 16 U.S.C. 3102(4) and makes

recommendations for appropriate action, specified scope of the

report, and directed Secretary, within one year after Aug. 16,

1988, to submit a report to Congress.

-CROSS-

DEFINITIONS

For definition of the terms "land", "Federal land", "public

lands", "conservation system unit", "Alaska Native Claims

Settlement Act", "Native Corporation", "Regional Corporation",

"Village Corporation", "Urban Corporation", "Native Group", "Native

land", "Secretary", "wilderness" and "National Wilderness

Preservation System", "Alaska Statehood Act", "State", "Alaska

Native" or "Native", "fish and wildlife", and "take" or "taking" as

used in this chapter, including sections 1639 to 1641 of this

title, as having the same meaning as they have in the Alaska Native

Claims Settlement Act, section 1601 et seq. of this title, and the

Alaska Statehood Act, Pub. L. 85-508, July 7, 1958, 72 Stat. 339,

set out as a note preceding section 21 of Title 48, Territories and

Insular Possessions, see section 3102 of Title 16, Conservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1636 of this title.

-End-

-CITE-

43 USC Sec. 1632 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1632. Statute of limitations on decisions of Secretary and

reconveyance of land by Village Corporation

-STATUTE-

(a) Except for administrative determinations of navigability for

purposes of determining ownership of submerged lands under the

Submerged Lands Act [43 U.S.C. 1301 et seq., 1311 et seq.], a

decision of the Secretary under this chapter or the Alaska Native

Claims Settlement Act [43 U.S.C. 1601 et seq.] shall not be subject

to judicial review unless such action is initiated before a court

of competent jurisdiction within two years after the day the

Secretary's decision becomes final or December 2, 1980, whichever

is later: Provided, That the party seeking such review shall first

exhaust any administrative appeal rights.

(b) Decisions made by a Village Corporation to reconvey land

under section 14(c) of the Alaska Native Claims Settlement Act [43

U.S.C. 1613(c)] shall not be subject to judicial review unless such

action is initiated before a court of competent jurisdiction within

one year after the date of the filing of the map of boundaries as

provided for in regulations promulgated by the Secretary.

-SOURCE-

(Pub. L. 96-487, title IX, Sec. 902, Dec. 2, 1980, 94 Stat. 2433.)

-REFTEXT-

REFERENCES IN TEXT

The Submerged Lands Act, referred to in subsec. (a), is Act May

22, 1953, ch. 65, 67 Stat. 29, as amended, which is classified

generally to subchapters I and II (Secs. 1301 et seq., 1311 et

seq.) of chapter 29 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1301 of this title and Tables.

This chapter, referred to in subsec. (a), was in the original

"this title", meaning title IX of Pub. L. 96-487, Dec. 2, 1980, 94

Stat. 2430, which enacted this chapter, amended sections 1614 and

1620 of this title, and amended provisions set out as notes under

section 1611 of this title and preceding section 21 of Title 48,

Territories and Insular Possessions. For complete classification of

title IX to the code, see Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(a), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1601 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1636, 1641 of this title.

-End-

-CITE-

43 USC Sec. 1633 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1633. Administrative provisions

-STATUTE-

(a) Limitations concerning easements

With respect to lands conveyed to Native Corporations or Native

Groups the Secretary shall reserve only those easements which are

described in section 17(b)(1) of the Alaska Native Claims

Settlement Act and shall be guided by the following principles:

(1) all easements should be designed so as to minimize their

impact on Native life styles, and on subsistence uses; and

(2) each easement should be specifically located and described

and should include only such areas as are necessary for the

purpose or purposes for which the easement is reserved.

(b) Acquisition of future easements

Whenever, after a conveyance has been made by this Act or under

the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.],

the Secretary determines that an easement not reserved at the time

of conveyance or by operation of subsection (a) of this section is

required for any purpose specified in section 17(b)(1) of the

Alaska Native Claims Settlement Act, he is authorized to acquire

such easement by purchase or otherwise. The acquisition of such an

easement shall be deemed a public purpose for which the Secretary

may exercise his exchange authority pursuant to section 22(f) of

the Alaska Native Claims Settlement Act [43 U.S.C. 1621(f)].

(c) Status of certain lease offers

Offers for noncompetitive oil and gas leases under the Mineral

Leasing Act of 1920 [30 U.S.C. 181 et seq.] which were filed but

which did not result in the issuance of a lease on or before

December 18, 1971, on lands selected by, and conveyed before, on,

or after December 2, 1980, to, Native Corporations or to individual

Natives under paragraph (5) or (6) of section 14(h) [43 U.S.C.

1613(h)(5) or (6)] as part of the entitlement to receive land under

the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]

shall not constitute valid existing rights under section 14(g) of

such Act [43 U.S.C. 1613(g)] or under this Act.

(d) Limitation

This Act is not intended to modify, repeal, or otherwise affect

any provision of the Act of January 2, 1976 (89 Stat. 1145), as

amended or supplemented by Public Laws 94-456 and 95-178, and shall

not be construed as imposing any additional restriction on the use

or management of those lands described in section 22(k) of the

Alaska Native Claims Settlement Act [43 U.S.C. 1621(k)].

-SOURCE-

(Pub. L. 96-487, title IX, Sec. 903, Dec. 2, 1980, 94 Stat. 2433.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (b) to (d), is Pub. L. 96-487,

Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska

National Interest Lands Conservation Act. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of Title 16, Conservation, and Tables.

The Alaska Native Claims Settlement Act, referred to in subsecs.

(b) and (c), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of this title. Section 17(b) of the Act was classified to

section 1616(b) of this title and was omitted from the Code. For

complete classification of this Act to the Code, see Short Title

note set out under section 1601 of this title and Tables.

The Mineral Leasing Act of 1920, referred to in subsec. (c), is

act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the

Mineral Leasing Act, which is classified generally to chapter 3A

(Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For

complete classification of this Act to the Code, see Short Title

note set out under section 181 of Title 30 and Tables.

Act of January 2, 1976 (89 Stat. 1145), as amended or

supplemented by Public Laws 94-456 and 95-178, referred to in

subsec. (d), is Pub. L. 94-204, Jan. 2, 1976, 89 Stat. 1145, which

enacted sections 1625 to 1627 of this title, amended sections 1615,

1616, 1620, and 1621 of this title, and enacted provisions set out

as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of

this title, as amended and supplemented by Pub. L. 94-456, Oct. 4,

1976, 90 Stat. 1934, which amended section 1615 of this title and

provisions set out as notes under section 1611 of this title, and

Pub. L. 95-178, Nov. 15, 1977, 91 Stat. 1369, which amended

sections 1613, 1615, and 1628 of this title, enacted a provision

set out as a note under section 1611 of this title, and amended a

provision set out as a note under section 1611 of this title. For

complete classification of these Acts to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1641 of this title.

-End-

-CITE-

43 USC Sec. 1634 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1634. Alaska Native allotments

-STATUTE-

(a) Approval of applications for certain lands; lands containing

coal, oil, or gas; nonmineral lands; lands within National Park

System; protests; voluntary relinquishment of application

(1)(A) Subject to valid existing rights, all Alaska Native

allotment applications made pursuant to the Act of May 17, 1906 (34

Stat. 197, as amended) which were pending before the Department of

the Interior on or before December 18, 1971, and which describe

either land that was unreserved on December 13, 1968, or land

within the National Petroleum Reserve - Alaska (then identified as

Naval Petroleum Reserve No. 4) or within Fort Davis (except as

provided in subparagraph (B)) are hereby approved on the one

hundred and eightieth day following December 2, 1980, except where

provided otherwise by paragraph (3), (4), (5), or (6) of this

subsection, or where the land description of the allotment must be

adjusted pursuant to subsection (b) of this section, in which cases

approval pursuant to the terms of this subsection shall be

effective at the time the adjustment becomes final. The Secretary

shall cause allotments approved pursuant to this section to be

surveyed and shall issue trust certificates therefor.

(B) The land referred to in subparagraph (A) with respect to Fort

Davis -

(i) shall be restricted to -

(I) the allotment applications named in the decision

published at 96 IBLA 42 (1987) and to the acreage involved in

those applications; or

(II) the heirs of an applicant who made an application

described in subclause (I); and

(ii) shall be subject to valid existing rights and an easement

for the Iditarod National Historic Trail established by section

1244(a)(7) of title 16, but pending final determination of the

trail's location, the easement shall be located on an interim

basis by the Secretary, in consultation with the Iditarod

Historic Trail Advisory Council.

(2) All applications approved pursuant to this section shall be

subject to the provisions of the Act of March 8, 1922 (43 U.S.C.

270-11) [43 U.S.C. 270-11 to 270-13].(!1)

(3) When on or before the one hundred and eightieth day following

December 2, 1980, the Secretary determines by notice or decision

that the land described in an allotment application may be valuable

for minerals, excluding oil, gas, or coal, the allotment

application shall be adjudicated pursuant to the provision of the

Act of May 17, 1906, as amended, requiring that land allotted under

said Act be nonmineral: Provided, That "nonmineral", as that term

is used in such Act, is defined to include land valuable for

deposits of sand or gravel.

(4) Where an allotment application describes land within the

boundaries of a unit of the National Park System established on or

before December 2, 1980, and the described land was not withdrawn

pursuant to section 11(a)(1) of the Alaska Native Claims Settlement

Act [43 U.S.C. 1610(a)(1)], or where an allotment application

describes land which has been patented or deeded to the State of

Alaska or which on or before December 18, 1971, was validly

selected by or tentatively approved or confirmed to the State of

Alaska pursuant to the Alaska Statehood Act and was not withdrawn

pursuant to section 11(a)(1)(A) of the Alaska Native Claims

Settlement Act [43 U.S.C. 1610(a)(1)(A)] from those lands made

available for selection by section 11(a)(2) of the Act [43 U.S.C.

1610(a)(2)] by any Native Village certified as eligible pursuant to

section 11(b) of such Act [43 U.S.C. 1610(b)], paragraph (1) of

this subsection and subsection (d) of this section shall not apply

and the application shall be adjudicated pursuant to the

requirements of the Act of May 17, 1906, as amended, the Alaska

Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and other

applicable law.

(5) Paragraph (1) of this subsection and subsection (d) of this

section shall not apply and the Native allotment application shall

be adjudicated pursuant to the requirements of the Act of May 17,

1906, as amended, if on or before the one hundred and eightieth day

following December 2, 1980 -

(A) A Native Corporation files a protest with the Secretary

stating that the applicant is not entitled to the land described

in the allotment application, and said land is withdrawn for

selection by the Corporation pursuant to the Alaska Native Claims

Settlement Act [43 U.S.C. 1601 et seq.]; or

(B) The State of Alaska files a protest with the Secretary

stating that the land described in the allotment application is

necessary for access to lands owned by the United States, the

State of Alaska, or a political subdivision of the State of

Alaska, to resources located thereon, or to a public body of

water regularly employed for transportation purposes, and the

protest states with specificity the facts upon which the

conclusions concerning access are based and that no reasonable

alternatives for access exist; or

(C) A person or entity files a protest with the Secretary

stating that the applicant is not entitled to the land described

in the allotment application and that said land is the situs of

improvements claimed by the person or entity.

(6) Paragraph (1) of this subsection and subsection (d) of this

section shall not apply to any application pending before the

Department of the Interior on or before December 18, 1971, which

was knowingly and voluntarily relinquished by the applicant

thereafter.

(7) Paragraph (1) of this subsection and subsection (d) of this

section shall apply, and paragraph (5) of this subsection shall

cease to apply, to an application -

(A) that is open and pending on October 31, 1998;

(B) if the lands described in the application are in Federal

ownership other than as a result of reacquisition by the United

States after January 3, 1959; and

(C) if any protest which is filed by the State of Alaska

pursuant to paragraph (5)(B) with respect to the application is

withdrawn or dismissed either before, on, or after October 31,

1998.

(8)(A) Any allotment application which is open and pending and

which is legislatively approved by enactment of paragraph (7)

shall, when allotted, be made subject to any easement, trail, or

right-of-way in existence on the date of the Native allotment

applicant's commencement of use and occupancy.

(B) The jurisdiction of the Secretary is extended to make any

factual determinations required to carry out this paragraph.

(b) Conflicting land descriptions in applications; adjustments;

reductions

Where a conflict between two or more allotment applications

exists due to overlapping land descriptions, the Secretary shall

adjust the descriptions to eliminate conflicts, and in so doing,

consistent with other existing rights, if any, may expand or alter

the applied-for allotment boundaries or increase or decrease

acreage in one or more of the allotment applications to achieve an

adjustment which, to the extent practicable, is consistent with

prior use of the allotted land and is beneficial to the affected

parties: Provided, That the Secretary shall, to the extent

feasible, implement an adjustment proposed by the affected parties:

Provided further, That the Secretary's decision concerning

adjustment of conflicting land descriptions shall be final and

unreviewable in all cases in which the reduction, if any, of the

affected allottee's claim is less than 30 percent of the acreage

contained in the parcel originally described and the adjustment

does not exclude from the allotment improvements claimed by the

allottee: Provided further, That where an allotment application

describes more than one hundred and sixty acres, the Secretary

shall at any time prior to or during survey reduce the acreage to

one hundred and sixty acres and shall attempt to accomplish said

reduction in the manner least detrimental to the applicant.

(c) Amendment of land description in application; notification;

protest; adoption of final plan of survey

An allotment applicant may amend the land description contained

in his or her application if said description designates land other

than that which the applicant intended to claim at the time of

application and if the description as amended describes the land

originally intended to be claimed. If the allotment application is

amended, this section shall operate to approve the application or

to require its adjudication, as the case may be, with reference to

the amended land description only: Provided, That the Secretary

shall notify the State of Alaska and all interested parties, as

shown by the records of the Department of the Interior, of the

intended correction of the allotment's location, and any such party

shall have until the one hundred and eightieth day following

December 2, 1980, or sixty days following mailing of the notice,

whichever is later, to file with the Department of the Interior a

protest as provided in subsection (a)(5) of this section, which

protest, if timely, shall be deemed filed within one hundred and

eighty days of December 2, 1980, notwithstanding the actual date of

filing: Provided further, That the Secretary may require that all

allotment applications designating land in a specified area be

amended, if at all, prior to a date certain, which date shall be

calculated to allow for orderly adoption of a plan of survey for

the specified area, and the Secretary shall mail notification of

the final date for amendment to each affected allotment applicant,

and shall provide such other notice as the Secretary deems

appropriate, at least sixty days prior to said date: Provided

further, That no allotment application may be amended for location

following adoption of a final plan of survey which includes the

location of the allotment as described in the application or its

location as desired by amendment.

(d) Powersites and power projects

Where the land described in an allotment application pending

before the Department of the Interior on or before December 18,

1971 (or such an application as adjusted or amended pursuant to

subsection (b) or (c) of this section), was on that date withdrawn,

reserved, or classified for powersite or power-project purposes,

notwithstanding such withdrawal, reservation, or classification the

described land shall be deemed vacant, unappropriated, and

unreserved within the meaning of the Act of May 17, 1906, as

amended, and, as such, shall be subject to adjudication or approval

pursuant to the terms of this section: Provided, however, That if

the described land is included as part of a project licensed under

part I of the Federal Power Act of June 10, 1920 (41 Stat. 24), as

amended [16 U.S.C. 791a et seq.], or is presently utilized for

purposes of generating or transmitting electrical power or for any

other project authorized by Act of Congress, the foregoing

provision shall not apply and the allotment application shall be

adjudicated pursuant to the Act of May 17, 1906, as amended:

Provided further, That where the allotment applicant commenced use

of the land after its withdrawal or classification for powersite

purposes, the allotment shall be made subject to the right of

reentry provided the United States by section 24 of the Federal

Power Act, as amended [16 U.S.C. 818]: Provided further, That any

right of reentry reserved in a certificate of allotment pursuant to

this section shall expire twenty years after December 2, 1980, if

at that time the allotted land is not subject to a license or an

application for a license under part I of the Federal Power Act, as

amended [16 U.S.C. 791a et seq.], or actually utilized or being

developed for a purpose authorized by that Act, as amended [16

U.S.C. 791a et seq.], or other Act of Congress.

(e) Validity of existing rights; rights acquired by actual use and

national forest lands unaffected

Prior to issuing a certificate for an allotment subject to this

section, the Secretary shall identify and adjudicate any record

entry or application for title made under an Act other than the

Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the

Alaska Statehood Act, or the Act of May 17, 1906, as amended, which

entry or application claims land also described in the allotment

application, and shall determine whether such entry or application

represents a valid existing right to which the allotment

application is subject. Nothing in this section shall be construed

to affect rights, if any, acquired by actual use of the described

land prior to its withdrawal or classification, or as affecting

national forest lands.

(f) Reinstatement

(1)(A) Notwithstanding paragraphs (1) and (6) of subsection (a)

of this section, and subject to subparagraph (B), each Alaska

Native allotment application made pursuant to the Act entitled "An

Act authorizing the Secretary of the Interior to allot homesteads

to the natives of Alaska", approved May 17, 1906 (34 Stat. 197),

that -

(i) was pending before the Department of the Interior on or

before December 18, 1971; and

(ii) describes lands within the National Petroleum

Reserve-Alaska that have been selected, interim conveyed, or

patented to a Village Corporation or Regional Corporation,

is reinstated only for the purpose of this section, subject to this

section.

(B) The reinstatement under subparagraph (A) shall be carried out

regardless of whether the application was -

(i) relinquished by the applicant; or

(ii) denied by the Department of the Interior, if the denial

was based solely on the grounds that land within the National

Petroleum Reserve-Alaska was unavailable.

(2)(A) To the extent that the application describes lands (or any

interest in the lands) that have been selected, interim conveyed,

or patented to a Village Corporation or Regional Corporation, the

Secretary is authorized to accept from the Village Corporation or

Regional Corporation the reconveyance or relinquishment of the

lands (or any interest in the lands).

(B)(i) To the extent that the application describes lands (or any

interest in the lands) that a Village Corporation is not willing to

reconvey or relinquish pursuant to subparagraph (A), the applicant

may relinquish any claim to any portion of the lands (or any

interest in the lands) or may, with the consent of the affected

Village Corporation, amend the application to exclude the lands and

include in lieu thereof a description of lands selected by, interim

conveyed to, or patented to the Village Corporation of an acreage

that is not to exceed the amount of land relinquished.

(ii) The Secretary is authorized to accept the reconveyance or

relinquishment of the lands (or any interest in the lands)

described in the amended application from the Village Corporation

or Regional Corporation in lieu of the lands (or any interest in

the lands) described in the initial application.

(C) If a Village Corporation or Regional Corporation reconveys

lands (or any interest in the lands) to the United States under

subparagraph (A) or (B), the Secretary shall reduce the acreage

charged against the entitlement of the Village Corporation or

Regional Corporation.

(D) The authority of the Secretary to accept the reconveyance or

relinquishment of lands (or any interest in the lands) under this

paragraph shall terminate on the date that is 6 years after October

14, 1992.

(3)(A) Subject to any valid existing rights, to the extent that

the application describes lands that are authorized to be

reconveyed or relinquished to the United States under paragraph

(2), the Village Corporation shall file with the Secretary, not

later than 3 years after October 14, 1992, the name of the

applicant and the land description of each allotment proposed to be

reconveyed or relinquished.

(B) Upon receipt of the land description, the Secretary shall

immediately notify the State of Alaska and all interested parties

of the land description proposed to be reconveyed or relinquished,

and any such party shall have 60 days following notification in

which to file with the Department of the Interior a protest as

provided in subsection (a)(5) of this section.

(C) The Secretary shall then either -

(i) if no protest is filed, approve the application; or

(ii) if a protest is filed, adjudicate the legal sufficiency of

any protest timely filed; and -

(I) if the protest is legally insufficient, approve the

application; or

(II) if the protest is valid, issue a decision that closes

the application and that is final for the Department.

(D) The Secretary shall, with respect to each allotment approved

pursuant to this subsection -

(i) survey the allotment; and

(ii) following reconveyance or relinquishment, issue a Native

allotment certificate to the applicant or heirs of the applicant.

(4)(A) To the extent a Village Corporation or a Regional

Corporation reconveys lands (or any interest in the lands) to the

United States pursuant to paragraph (2) and the conveyance results

in a reduction in the acreage charged against the entitlement of

the Village Corporation or Regional Corporation under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the Village

Corporation or Regional Corporation shall be entitled to make

selections in lieu of the reconveyed lands (or any interest in the

lands).

(B)(i) The quantity of acreage of the surface estate reconveyed

pursuant to paragraph (2) shall be added to the quantity of acreage

of underselection, if any, for the Village Corporation. The

Secretary shall provide for the selection of lands for replacement

in accordance with the procedures for withdrawals and selections

under section 22(j)(2) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1621(j)(2)).

(ii)(I) A Village Corporation described in clause (i) shall be

entitled to select lands for replacement from the lands that have

been withdrawn for selection by the Village Corporation pursuant to

section 11(a)(1) of the Alaska Native Claims Settlement Act (43

U.S.C. 1610(a)(1)).

(II) In any case in which the lands described in subclause (I)

are no longer in Federal ownership and the Village Corporation is

entitled to make a selection pursuant to this subparagraph, the

Secretary shall withdraw, and the Village Corporation shall select,

Federal lands that are compact and contiguous with lands previously

conveyed to the Village Corporation.

(C) Lands (or any interests in the lands) in the replacement of

lands (or interests in the lands) reconveyed by the Regional

Corporation to the United States under this subsection shall be

selected by the Regional Corporation from lands that are -

(i) compact and contiguous with other lands previously conveyed

to the Regional Corporation within the National Petroleum

Reserve-Alaska; and

(ii) beneath the surface estate of lands selected and conveyed

to a Village Corporation.

(D) The Secretary shall convey the lands selected pursuant to

this paragraph in accordance with this subsection.

(5)(A) Each Native allotment certificate issued to an applicant

or the heirs of the applicant pursuant to paragraph (3) shall be

subject to any existing easement or other right that had been

reserved, conveyed, transferred, or recognized by the United States

prior to the issuance of the certificate.

(B) Each conveyance by the Secretary to any applicant or to the

heirs of the applicant under this subsection shall reserve to the

United States -

(i) except as provided in subparagraph (C), all interests in

oil, gas, and coal in the conveyed lands, and the right of the

United States, or a lessee or assignee of the United States, to

enter on lands conveyed to the applicant or to the heirs of the

applicant, to drill, explore, mine, produce, and remove the oil,

gas, or coal; and

(ii) all other rights reasonably incident to the mineral

reservations described in clause (i).

(C)(i) If the oil, gas, or coal described in subparagraph (B)(i)

was previously conveyed to the Regional Corporation and the

Regional Corporation reserves those interests in a reconveyance to

the United States, the Secretary shall reserve from the

reconveyance to the applicant or to the heirs of the applicant for

the benefit of the Regional Corporation the same rights and

privileges that would have been reserved for the United States.

(ii) With respect to a reconveyance of lands (or any interest in

the lands) by the Regional Corporation to the United States that

does not convey the entire mineral estate, the Regional Corporation

shall not be entitled -

(I) to a reduction of the acreage charged against the

entitlement under the Alaska Native Claims Settlement Act (43

U.S.C. 1601 et seq.); or

(II) to select mineral interests to replace the acreage.

(6) The United States shall not be subject to liability for the

presence of any hazardous substance in land or an interest in land

solely as a result of any reconveyance to and transfer by the

United States of the land or interest pursuant to this subsection.

-SOURCE-

(Pub. L. 96-487, title IX, Sec. 905, Dec. 2, 1980, 94 Stat. 2435;

Pub. L. 102-415, Secs. 2, 12, Oct. 14, 1992, 106 Stat. 2112, 2115;

Pub. L. 105-333, Sec. 9, Oct. 31, 1998, 112 Stat. 3134.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 8, 1922 (43 U.S.C. 270-11), referred to in subsec.

(a)(2), is act Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended,

which enacted sections 270-11 to 270-13 of this title. Sections

270-11 and 270-13 of this title were repealed by Pub. L. 94-579,

title VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789. For complete

classification of this Act to the Code, see Tables.

Act of May 17, 1906, as amended, referred to in subsecs. (a)(3),

(4), (5), (d), (e), and (f)(1)(A), is act May 17, 1906, ch. 2469,

34 Stat. 197, as amended, which was classified to sections 270-1 to

270-3 of this title prior to its repeal by Pub. L. 92-203, Sec.

18(a), Dec. 18, 1971, 85 Stat. 710.

The Alaska Statehood Act, referred to in subsecs. (a)(4) and (e),

is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is

set out as a note preceding section 21 of Title 48, Territories and

Insular Possessions. For complete classification of this Act to the

Code, see Tables.

The Alaska Native Claims Settlement Act, referred to in subsecs.

(a)(4), (5)(A), (e), and (f)(4)(A), (5)(C)(ii)(I), is Pub. L.

92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of this title and

Tables.

That Act, as amended, referred to in subsec. (d), is the Federal

Power Act, act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,

which is classified generally to chapter 12 (Sec. 791a et seq.) of

Title 16, Conservation. Part I of the Federal Power Act of June 10,

1920, as amended, is classified generally to subchapter I (Sec.

791a et seq.) of chapter 12 of Title 16. For complete

classification of this Act to the Code, see section 791a of Title

16 and Tables.

-COD-

CODIFICATION

In subsecs. (a)(1), (3)-(5), (c), and (d), "December 2, 1980"

substituted for "the effective date of this Act", which probably

meant the date of enactment of Pub. L. 96-487.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(7), (8). Pub. L. 105-333 added pars. (7) and

(8).

1992 - Subsec. (a)(1). Pub. L. 102-415, Sec. 2, designated

existing provisions as subpar. (A), inserted "or within Fort Davis

(except as provided in subparagraph (B))" after "Naval Petroleum

Reserve No. 4)", and added subpar. (B).

Subsec. (f). Pub. L. 102-415, Sec. 12, added subsec. (f).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 1635 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1635. State selections and conveyances

-STATUTE-

(a) Omitted

(b) School lands settlement

(1) In full and final settlement of any and all claims by the

State of Alaska arising under the Act of March 4, 1915 (38 Stat.

1214), as confirmed and transferred in section 6(k) of the Alaska

Statehood Act, the State is hereby granted seventy-five thousand

acres which it shall be entitled to select until January 4, 1994,

from vacant, unappropriated, and unreserved public lands. In

exercising the selection rights granted herein, the State shall be

deemed to have relinquished all claims to any right, title, or

interest to any school lands which failed to vest under the above

statutes at the time Alaska became a State (January 3, 1959),

including lands unsurveyed on that date or surveyed lands which

were within Federal reservations or withdrawals on that date.

(2) Except as provided herein, such selections shall be made in

conformance with the provisions for selections under section 6(b)

of the Alaska Statehood Act. Selections made under this subsection

shall be in units of whole sections as shown on the official survey

plats of the Bureau of Land Management, including protraction

diagrams, unless part of the section is unavailable or the land is

otherwise surveyed, or unless the Secretary waives the whole

section requirement.

(3) Lands selected and conveyed to the State under this

subsection shall be subject to the provisions of subsections (j)

and (k) of section 6 of the Alaska Statehood Act.

(c) Prior tentative approvals

(1) All tentative approvals of State of Alaska land selections

pursuant to the Alaska Statehood Act are hereby confirmed, subject

only to valid existing rights and Native selection rights under the

Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and

the United States hereby confirms that all right, title, and

interest of the United States in and to such lands is deemed to

have vested in the State of Alaska as of the date of tentative

approval; except that this subsection shall not apply to tentative

approvals which, prior to December 2, 1980, have been relinquished

by the State, or have been finally revoked by the United States

under authority other than authority under section 11(a)(2), 12(a),

or 12(b) of the Alaska Native Claims Settlement Act [43 U.S.C.

1610(a)(2), 1611(a), or 1611(b)].

(2) Upon approval of a land survey by the Secretary, such lands

shall be patented to the State of Alaska.

(3) If the State elects to receive patent to any of the lands

which are the subject of this subsection on the basis of

protraction surveys in lieu of field surveys, the Secretary shall

issue patent to the State on that basis within six months after

notice of such election. For townships having such adverse claims

of record, patent on the basis of protraction surveys shall be

issued as soon as practicable after such election.

(4) Future tentative approvals of State land selections, when

issued, shall have the same force and effect as those existing

tentative approvals which are confirmed by this subsection and

shall be processed for patent by the same administrative procedures

as specified in paragraphs (2) and (3) of this subsection.

(d) Prior State selections

(1) In furtherance of the State's entitlement to lands under

section 6(b) of the Alaska Statehood Act, the United States hereby

conveys to the State of Alaska, subject only to valid existing

rights and Native selection rights under the Alaska Native Claims

Settlement Act [43 U.S.C. 1601 et seq.], all right, title and

interest of the United States in and to all vacant, unappropriated,

and unreserved lands, including lands subject to subsection (l) of

this section, which are specified in the list entitled "Prior State

of Alaska Selections to be Conveyed by Congress", dated July 24,

1978, submitted by the State of Alaska and on file in the Office of

the Secretary except those Federal lands which are specified in a

list dated October 19, 1979, submitted by the State of Alaska and

on file with the Office of the Secretary. If any of those townships

listed above contain lands within the boundaries of any

conservation system unit, national conservation area, national

recreation area, new national forest or forest addition,

established, designated, or expanded by this Act, then only those

lands within such townships which have been previously selected by

the State of Alaska shall be conveyed pursuant to this subsection.

(2) In furtherance of the State's entitlement to lands under

section 6(a) of the Alaska Statehood Act, the United States hereby

conveys to the State of Alaska, subject only to valid existing

rights and Native selection rights under the Alaska Native Claims

Settlement Act [43 U.S.C. 1601 et seq.], all right, title and

interest of the United States in and to all valid land selections

made from the national forests under authority of said section 6(a)

which have been approved by the Secretary of Agriculture prior to

July 1, 1979.

(3) As soon as practicable after December 2, 1980, the Secretary

shall issue tentative approvals to such State selections as

required by the Alaska Statehood Act and pursuant to subsection (i)

of this section. The sequence of issuance of such tentative

approvals shall be on the basis of priorities determined by the

State.

(4) Upon approval of a land survey by the Secretary, such lands

shall be patented to the State of Alaska.

(5) If the State elects to receive patent to any of the lands

which are the subject of this subsection on the basis of

protraction surveys in lieu of field surveys, the Secretary shall

issue patent to the State on that basis within six months after

notice of such election for townships having no adverse claims on

the public land records. For townships having such adverse claims

of record, patent on the basis of protraction surveys shall be

issued as soon as practicable after such election.

(6) Future valid State land selections shall be subject only to

valid existing rights and Native selection rights under the Alaska

Native Claims Settlement Act [43 U.S.C. 1601 et seq.].

(e) Future "top filings"

Subject to valid existing rights and Native selection rights

under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et

seq.], the State, at its option, may file future selection

applications and amendments thereto, pursuant to section 6(a) or

(b) of the Alaska Statehood Act or subsection (b) of this section,

for lands which are not, on the date of filing of such

applications, available within the meaning of section 6(a) or (b)

of the Alaska Statehood Act, other than lands within any

conservation system unit or the National Petroleum Reserve -

Alaska. Each such selection application, if otherwise valid, shall

become an effective selection without further action by the State

upon the date the lands included in such application become

available within the meaning of subsection (a) or (b) of section 6

regardless of whether such date occurs before or after expiration

of the State's land selection rights. Selection applications

heretofore filed by the State may be refiled so as to become

subject to the provisions of this subsection; except that no such

refiling shall prejudice any claim of validity which may be

asserted regarding the original filing of such application. Nothing

contained in this subsection shall be construed to prevent the

United States from transferring a Federal reservation or

appropriation from one Federal agency to another Federal agency for

the use and benefit of the Federal Government.

(f) Right to overselect

(1) The State of Alaska may select lands exceeding by not more

than 25 per centum in total area the amount of State entitlement

which has not been patented or tentatively approved under each

grant or confirmation of lands to the State contained in the Alaska

Statehood Act or other law. If its selections under a particular

grant exceed such remaining entitlement, the State shall thereupon

list all selections for that grant which have not been tentatively

approved in desired priority order of conveyance, in blocks no

larger than one township in size; except that the State may alter

such priorities prior to receipt of tentative approval. Upon

receipt by the State of subsequent tentative approvals, such excess

selections shall be reduced by the Secretary pro rata by rejecting

the lowest prioritized selection blocks necessary to maintain a

maximum excess selection of 25 per centum of the entitlement which

has not yet been tentatively approved or patented to the State

under each grant.

(2) The State of Alaska may, by written notification to the

Secretary, relinquish any selections of land filed under the Alaska

Statehood Act or subsection (b) of this section prior to receipt by

the State of tentative approval, except that lands conveyed

pursuant to subsection (g) of this section may not be relinquished

pursuant to this paragraph.

(3) Omitted

(g) Conveyance of specified lands

In furtherance of the State's entitlement to lands under section

6(b) of the Alaska Statehood Act, the United States hereby conveys

to the State of Alaska all right, title, and interest of the United

States in and to all vacant, unappropriated, and unreserved lands,

including lands subject to subsection (e) of this section but which

lie within those townships outside the boundaries of conservation

system units, National Conservation Areas, National Recreation

Areas, new national forests and forest additions, established,

designated, or expanded by this Act, which are specified in the

list entitled "State Selection Lands May 15, 1978", dated July 24,

1978, submitted by the State of Alaska and on file in the office of

the Secretary of the Interior. The denomination of lands in such

list which are not, on December 2, 1980, available lands within the

meaning of section 6(b) of the Alaska Statehood Act and this Act

shall be treated as a future selection application pursuant to

subsection (e) of this section, to the extent such an application

could have been filed under such subsection (e) of this section.

(h) Limitation of conveyances of specified lands tentative

approvals; surveys

(1) Lands identified in subsection (g) of this section are

conveyed to the State subject to valid existing rights and Native

selection rights under the Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.]. All right, title, and interest of the United

States in and to such lands shall vest in the State of Alaska as of

December 2, 1980, subject to those reservations specified in

subsection (l) of this section.

(2) As soon as practicable after December 2, 1980, the Secretary

shall issue to the State tentative approvals to such lands as

required by the Alaska Statehood Act and pursuant to subsection (i)

of this section. The sequence of issuance of such tentative

approvals shall be on the basis of priorities determined by the

State.

(3) Upon approval of a land survey by the Secretary, those lands

identified in subsection (g) of this section shall be patented to

the State of Alaska.

(4) If the State elects to receive patent to any of the lands

which are identified in subsection (g) of this section on the basis

of protraction surveys in lieu of field surveys, the Secretary

shall issue patent to the State on that basis within six months

after notice of such election for townships having no adverse

claims on the public land records. For townships having such

adverse claims of record, patent on the basis of protraction

surveys shall be issued as soon as practicable after such election.

(i) Adjudication

Nothing contained in this section shall relieve the Secretary of

the duty to adjudicate conflicting claims regarding the lands

specified in subsection (g) of this section, or otherwise selected

under authority of the Alaska Statehood Act, subsection (b) of this

section, or other law, prior to the issuance of tentative approval.

(j) Clarification of land status outside units

As to lands outside the boundaries of a conservation system unit,

National Recreation Areas, National Conservation Areas, new

national forests and forest additions, the following withdrawals,

classifications, or designations shall not, of themselves, remove

the lands involved from the status of vacant, unappropriated, and

unreserved lands for the purposes of subsection (d) or (g) of this

section and future State selections pursuant to the Alaska

Statehood Act or subsection (b) of this section:

(1) withdrawals for classification pursuant to section 17(d)(1)

of the Alaska Native Claims Settlement Act [43 U.S.C.

1616(d)(1)]; except that, in accordance with the Memorandum of

Understanding between the United States and the State of Alaska

dated September 2, 1972, to the extent that Public Land Orders

Numbered 5150, 5151, 5181, 5182, 5184, 5187, 5190, 5194, and 5388

by their terms continue to prohibit State selections of certain

lands, such lands shall remain unavailable for future State

selection except as provided by subsection (e) of this Act; (!1)

(2) withdrawals pursuant to section 11 of the Alaska Native

Claims Settlement Act [43 U.S.C. 1610], which are not finally

conveyed pursuant to section 12, 14, or 19 of such Act [43 U.S.C.

1611, 1613, or 1618];

(3) classifications pursuant to the Classification and Multiple

Use Act (78 Stat. 987);

(4) classifications or designations pursuant to the National

Forest Management Act (90 Stat. 2949) as amended; and

(5) classifications, withdrawals exceeding 5,000 acres (except

withdrawals exceeding 5,000 acres which the Congress, by

concurrent resolution, approves within 180 days of the withdrawal

or December 2, 1980, whichever occurs later), or designations

pursuant to the Federal Land Policy and Management Act (90 Stat.

2743) [43 U.S.C. 1701 et seq.].

(k) Interim provisions

Notwithstanding any other provision of law, on lands selected by,

or granted or conveyed to, the State of Alaska under section 6 of

the Alaska Statehood Act or this Act, but not yet tentatively

approved to the State:

(1) The Secretary is authorized to make contracts and grant

leases, licenses, permits, rights-of-way, or easements, and any

tentative approval or patent shall be subject to such contract,

lease, license, permit, right-of-way, or easement; except that

(A) the authority granted the Secretary by this subsection is

that authority the Secretary otherwise would have had under

existing laws and regulations had the lands not been selected by

the State, and (B) the State has concurred prior to such action

by the Secretary.

(2) On and after December 2, 1980, 90 per centum of any and all

proceeds derived from contracts, leases, licenses, permits,

rights-of-way, or easements or from trespasses originating after

the date of selection by the State shall be held by the Secretary

until such lands have been tentatively approved to the State. As

such lands are tentatively approved, the Secretary shall pay to

the State from such account the proceeds allocable to such lands

which are derived from contracts, leases, licenses, permits,

rights-of-way, easements, or trespasses. The proceeds derived

from contracts, leases, licenses, permits, rights-of-way,

easements or trespasses and deposited to the account pertaining

to lands selected by the State but not tentatively approved due

to rejection or relinquishment shall be paid as would have been

required by law were it not for the provisions of this Act. In

the event that the tentative approval does not cover all of the

land embraced within any contract, lease, license, permit,

right-of-way, easement, or trespass, the State shall only be

entitled to the proportionate amount of the proceeds derived from

such contract, lease, license, permit, right-of-way, or easement,

which results from multiplying the total of such proceeds by a

fraction in which the numerator is the acreage of such contract,

lease, license, permit, right-of-way, or easement which is

included in the tentative approval and the denominator is the

total acreage contained in such contract, lease, license, permit,

right-of-way, or easement; in the case of trespass, the State

shall be entitled to the proportionate share of the proceeds in

relation to the damages occurring on the respective lands.

(3) Nothing in this subsection shall relieve the State or the

United States of any obligations under section 9 of the Alaska

Native Claims Settlement Act [43 U.S.C. 1608] or the fourth

sentence of section 6(h) of the Alaska Statehood Act.

(l) Existing rights

(1) All conveyances to the State under section 6 of the Alaska

Statehood Act, this Act, or any other law, shall be subject to

valid existing rights, to Native selection rights under the Alaska

Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and to any

right-of-way or easement reserved for or appropriated by the United

States prior to selection of the underlying lands by the State of

Alaska.

(2) Where, prior to a conveyance to the State, a right-of-way or

easement has been reserved for or appropriated by the United States

or a contract, lease, permit, right-of-way, or easement has been

issued for the lands, the conveyance shall contain provisions

making it subject to the right-of-way or easement reserved or

appropriated and to the contract, lease, license, permit,

right-of-way, or easement issued or granted, and also subject to

the right of the United States, contractee, lessee, licensee,

permittee, or grantee to the complete enjoyment of all rights,

privileges, and benefits previously granted, issued, reserved, or

appropriated. Upon issuance of tentative approval, the State shall

succeed and become entitled to any and all interests of the United

States as contractor, lessor, licensor, permittor,(!2) or grantor,

in any such contracts, leases, licenses, permits, rights-of-way, or

easements, except those reserved to the United States in the

tentative approval.

(3) The administration of rights-of-way or easements reserved to

the United States in the tentative approval shall be in the United

States, including the right to grant an interest in such

right-of-way or easement in whole or in part.

(4) Where the lands tentatively approved do not include all of

the land involved with any contract, lease, license, permit,

right-of-way, or easement issued or granted, the administration of

such contract, lease, license, permit, right-of-way, or easement

shall remain in the United States unless the agency responsible for

administration waives such administration.

(5) Nothing in this subsection shall relieve the State or the

United States of any obligations under section 9 of the Alaska

Native Claims Settlement Act [43 U.S.C. 1608] or the fourth

sentence of section 6(h) of the Alaska Statehood Act.

(m) Extinguishment of certain time extensions

Any extensions of time periods granted to the State pursuant to

section 17(d)(2)(E) of the Alaska Native Claims Settlement Act [43

U.S.C. 1616(d)(2)(E)] are hereby extinguished, and the time periods

specified in subsections (a) and (b) of this section shall

hereafter be applicable to State selections.

(n) Effect on third-party rights

(1) Nothing in this section shall alter the rights or obligations

of any party with regard to section 12 of the Act of January 2,

1976 (Public Law 94-204), sections 4 and 5 of the Act of October 4,

1976 (Public Law 94-456), or section 3 of the Act of November 15,

1977 (Public Law 94-178).

(2) Any conveyance of land to or confirmation of prior selections

of the State made by this Act or selections allowed under this Act

shall be subject to the rights of Cook Inlet Region, Incorporated,

to nominate lands outside of its region with such nominations to be

superior to any selection made by the State after July 18, 1975,

including any lands conveyed to the State pursuant to subsection

(g) of this section, and to the duty of the Secretary, with consent

of the State, to make certain lands within the Cook Inlet Region

available to the Corporation, both in accordance with the

provisions of section 12(b) of the Act of January 2, 1976 (Public

Law 94-204), as amended.

(3) Nothing in this chapter shall prejudice a claim of validity

or invalidity regarding any third-party interest created by the

State of Alaska prior to December 18, 1971, under authority of

section 6(g) of the Alaska Statehood Act or otherwise.

(4) Nothing in this Act shall affect any right of the United

States or Alaska Natives to seek and receive damages against any

party for trespass against, or other interference with, aboriginal

interests if any, occurring prior to December 18, 1971.

(o) Status of lands within units

(1) Notwithstanding any other provision of law, subject to valid

existing rights any land withdrawn pursuant to section 17(d)(1) of

the Alaska Native Claims Settlement Act [43 U.S.C. 1616(d)(1)] and

within the boundaries of any conservation system unit, National

Recreation Area, National Conservation Area, new national forest or

forest addition, shall be added to such unit and administered

accordingly unless, before, on, or after December 2, 1980, such

land has been validly selected by and conveyed to a Native

Corporation, or unless before December 2, 1980, such land has been

validly selected by, and after December 2, 1980, is conveyed to the

State. At such time as the entitlement of any Native Corporation to

land under the Alaska Native Claims Settlement Act [43 U.S.C. 1601

et seq.] is satisfied, any land within a conservation system unit

selected by such Native Corporation shall, to the extent that such

land is in excess of its entitlement, become part of such unit and

administered accordingly: Provided, That nothing in this subsection

shall necessarily preclude the future conveyance to the State of

those Federal lands which are specified in a list dated October 19,

1979, submitted by the State of Alaska and on file with the Office

of the Secretary: Provided further, That nothing in this subsection

shall affect any conveyance to the State pursuant to subsections

(b), (c), (d), or (g) of this section.

(2) Until conveyed, all Federal lands within the boundaries of a

conservation system unit, National Recreation Area, National

Conservation Area, new national forest or forest addition, shall be

administered in accordance with the laws applicable to such unit.

(p) PYK line

The second proviso of section 6(b) of the Alaska Statehood Act

regarding Presidential approval of land selection north and west of

the line described in section 10 of such Act shall not apply to any

conveyance of land to the State pursuant to subsections (c), (d),

and (g) of this section but shall apply to future State selections.

-SOURCE-

(Pub. L. 96-487, title IX, Sec. 906, Dec. 2, 1980, 94 Stat. 2437.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 4, 1915, as confirmed and transferred in section

6(k) of the Alaska Statehood Act, referred to in subsec. (b)(1), is

act Mar. 4, 1915, ch. 181, Sec. 1, 38 Stat. 1214, which was

classified to section 353 of Title 48, Territories and Insular

Possessions, and was repealed by section 6(k) of the Alaska

Statehood Act, Pub. L. 85-508, Sec. 6(k), July 7, 1958, 72 Stat.

343. See section 6(k) of the Alaska Statehood Act set out as a note

preceding section 21 of Title 48.

The Alaska Statehood Act, referred to in text, is Pub. L. 85-508,

July 7, 1958, 72 Stat. 339, as amended, which is set out as a note

preceding section 21 of Title 48. For complete classification of

this Act to the Code, see Tables.

The Alaska Native Claims Settlement Act, referred to in subsecs.

(c)(1), (d)(1), (2), (6), (e), (h)(1), (l)(1), and (o)(1), is Pub.

L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of this title and

Tables.

This Act, referred to in subsecs. (d)(1), (g), (k), (l)(1), and

(n)(2), (4), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as

amended, known as the Alaska National Interest Lands Conservation

Act. For complete classification of this Act to the Code, see Short

Title note set out under section 3101 of Title 16, Conservation,

and Tables.

The Classification and Multiple Use Act, referred to in subsec.

(j)(3), probably means Pub. L. 88-607, Sept. 19, 1964, 78 Stat.

986, which enacted sections 1411 to 1418 of this title, and was

omitted from the Code.

The National Forest Management Act, as amended, referred to in

subsec. (j)(4), probably means the National Forest Management Act

of 1976, Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended.

For complete classification of this Act to the Code, see Short

Title of 1976 Amendment note set out under section 1600 of Title

16, Conservation, and Tables.

The Federal Land Policy and Management Act, referred to in

subsec. (j)(5), probably means the Federal Land Policy and

Management Act of 1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat.

2743, as amended, which is classified principally to chapter 35

(Sec. 1701 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1701 of this title and Tables.

Section 12 of the Act January 2, 1976 (Public Law 94-204),

referred to in subsec. (n)(1) and (2), is section 12 of Pub. L.

94-204, Jan. 2, 1976, 89 Stat. 1150, as amended, which is set out

as a note under section 1611 of this title.

Sections 4 and 5 of the Act of October 4, 1976 (Public Law

94-456), referred to in subsec. (n)(1), are sections 4 and 5 of

Pub. L. 94-456, Oct. 4, 1976, 90 Stat. 1935, which are set out as a

note under section 1611 of this title.

Section 3 of the Act of November 15, 1977 (Public Law 94-178),

referred to in subsec. (n)(1), probably means section 3 of Pub. L.

95-178, Nov. 15, 1977, 91 Stat. 1369, which enacted a provision set

out as a note under section 1611 of this title and amended a

provision set out as a note under section 1611 of this title.

This chapter, referred to in subsec. (n)(3), was in the original

"this title", meaning title IX of Pub. L. 96-487, Dec. 2, 1980, 94

Stat. 2430, which enacted this chapter, amended sections 1614 and

1620 of this title, and amended provisions set out as notes under

section 1611 of this title and preceding section 21 of Title 48,

Territories and Insular Possessions. For complete classification of

title IX to the Code, see Tables.

Section 10 of the Alaska Statehood Act, referred to in subsec.

(p), is section 10 of Pub. L. 85-508, July 7, 1958, 72 Stat. 339,

which is set out as a note preceding section 21 of Title 48.

-COD-

CODIFICATION

Section is comprised of section 906 of Pub. L. 96-487. Subsecs.

(a) and (f)(3) of section 906 of Pub. L. 96-487 amended section

6(a) and (b), and section 6(g), respectively, of the Alaska

Statehood Act, Pub. L. 85-508, July 7, 1958, 72 Stat. 339, which is

set out as a note preceding section 21 of Title 48, Territories and

Insular Possessions.

In subsec. (j)(5), "December 2, 1980" substituted for "the

effective date of this Act", which probably meant the date of

enactment of Pub. L. 96-487.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1617 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection (e) of this

section;".

(!2) So in original. Probably should be "permitter,".

-End-

-CITE-

43 USC Sec. 1636 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1636. Alaska land bank

-STATUTE-

(a) Establishment; agreements

(1) In order to enhance the quantity and quality of Alaska's

renewable resources and to facilitate the coordinated management

and protection of Federal, State, and Native and other private

lands, there is hereby established the Alaska Land Bank Program.

Any private landowner is authorized as provided in this section to

enter into a written agreement with the Secretary if his lands

adjoin, or his use of such lands would directly affect, Federal

land, Federal and State land, or State land if the State is not

participating in the program. Any private landowner described in

subsection (d)(1) of this section whose lands do not adjoin, or

whose use of such lands would not directly affect either Federal or

State lands also is entitled to enter into an agreement with the

Secretary. Any private landowner whose lands adjoin, or whose use

of such lands would directly affect, only State, or State and

private lands, is authorized as provided in this section to enter

into an agreement with the State of Alaska if the State is

participating in the program. If the Secretary is the contracting

party with the private landowner, he shall afford the State an

opportunity to participate in negotiations and become a party to

the agreement. An agreement may include all or part of the lands of

any private landowner: Provided, That no lands shall be included in

the agreement unless the Secretary, or the State, determines that

the purposes of the program will be promoted by their inclusion.

(2) If a private landowner consents to the inclusion in an

agreement of the stipulations provided in subsections (b)(1),

(b)(2), (b)(4), (b)(5), and (b)(7) of this section, and if such

owner does not insist on any additional terms which are

unacceptable to the Secretary or the State, as appropriate, the

owner shall be entitled to enter into an agreement pursuant to this

section. If an agreement is not executed within one hundred and

twenty days of the date on which a private landowner communicates

in writing his consent to the stipulations referred to in the

preceding sentence, the appropriate Secretary or State agency head

shall execute an agreement. Upon such execution, the private owner

shall receive the benefits provided in subsection (c) hereof.

(3) No agreement under this section shall be construed as

affecting any land, or any right or interest in land, of any owner

not a party to such agreement.

(b) Terms of agreement

Each agreement referred to in subsection (a) of this section

shall have an initial term of ten years, with provisions, if any,

for renewal for additional periods of five years. Such agreement

shall contain the following terms:

(1) The landowner shall not alienate, transfer, assign,

mortgage, or pledge the lands subject to the agreement except as

provided in section 14(c) of the Alaska Native Claims Settlement

Act [43 U.S.C. 1613(c)], or permit development or improvement on

such lands except as provided in the agreement. For the purposes

of this section only, each agreement entered into with a

landowner described in subsection (d)(1) of this section shall

constitute a restriction against alienation imposed by the United

States upon the lands subject to the agreement.

(2) Lands subject to the agreement shall be managed by the

owner in a manner compatible with the management plan, if any,

for the adjoining Federal or State lands, and with the

requirements of this subsection. If lands subject to the

agreement do not adjoin either Federal or State lands, they shall

be managed in a manner compatible with the management plan, if

any, of Federal or State lands which would be directly affected

by the use of such private lands. If no such plan has been

adopted, or if the use of such private lands would not directly

affect either Federal or State lands, the owner shall manage such

lands in accordance with the provisions in paragraph (1) of this

subsection. Except as provided in (3) (!1) of this subsection,

nothing in this section or the management plan of any Federal or

State agency shall be construed to require a private landowner to

grant public access on or across his lands.

(3) If the surface landowner so consents, such lands may be

made available for local or other recreational use: Provided,

That the refusal of a private landowner to permit the uses

referred to in this subsection shall not be grounds for the

refusal of the Secretary or the State to enter into an agreement

with the landowner under this section.

(4) Appropriate Federal and/or State agency heads shall have

reasonable access to such privately owned land for purposes

relating to the administration of the adjoining Federal or State

lands, and to carry out their obligations under the agreement.

(5) Reasonable access to such land by officers of the State

shall be permitted for purposes of conserving fish and wildlife.

(6) Those services or other consideration which the appropriate

Secretary or the State shall provide to the owner pursuant to

subsection (c)(1) of this section shall be set forth.

(7) All or part of the lands subject to the agreement may be

withdrawn from the Alaska land bank program not earlier than

ninety days after the landowner -

(A) submits written notice thereof to the other parties which

are signatory to the agreement; and

(B) pays all Federal, State and local property taxes and

assessments which, during the particular term then in effect,

would have been incurred except for the agreement, together

with interest on such taxes and assessments in an amount to be

determined at the highest rate of interest charged with respect

to delinquent property taxes by the Federal, State or local

taxing authority, if any.

(8) The agreement may contain such additional terms, which are

consistent with the provisions of this section, as seem desirable

to the parties entering into the agreement: Provided, That the

refusal of the landowner to agree to any additional terms shall

not be grounds for the refusal of the Secretary or the State to

enter into an agreement with the landowner under this section.

(c) Benefits to private landowners

(1) In addition to any requirement of applicable law, the

appropriate Secretary is authorized to provide technical and other

assistance with respect to fire control, trespass control, resource

and land use planning, and the protection, maintenance, and

enhancement of any special values of the land subject to the

agreement, all with or without reimbursement as agreed upon by the

parties, so long as the landowner is in compliance with the

agreement.

(2) The provision of section 21(e) of the Alaska Native Claims

Settlement Act [43 U.S.C. 1620(e)] shall apply to all lands which

are subject to an agreement made pursuant to this section so long

as the parties to the agreement are in compliance therewith.

(d) Automatic protections for lands conveyed pursuant to Alaska

Native Claims Settlement Act

(1)(A) Notwithstanding any other provision of law or doctrine of

equity, all land and interests in land in Alaska conveyed by the

Federal Government pursuant to the Alaska Native Claims Settlement

Act [43 U.S.C. 1601 et seq.] to a Native individual or Native

Corporation or subsequently reconveyed by a Native Corporation

pursuant to section 39 of that Act [43 U.S.C. 1629e] to a

Settlement Trust or conveyed to a Native Corporation pursuant to an

exchange authorized by section 22(f) of the Alaska Native Claims

Settlement Act [43 U.S.C. 1621(f)] or section 3192(h) of title 16

or other applicable law shall be exempt, so long as such land and

interests are not developed or leased or sold to third parties from

-

(i) adverse possession and similar claims based upon estoppel;

(ii) real property taxes by any governmental entity;

(iii) judgments resulting from a claim based upon or arising

under -

(I) title 11 or any successor statute,

(II) other insolvency or moratorium laws, or

(III) other laws generally affecting creditors' rights;

(iv) judgments in any action at law or in equity to recover

sums owed or penalties incurred by a Native Corporation or

Settlement Trust or any employee, officer, director, or

shareholder of such corporation or trust, unless this exemption

is contractually waived prior to the commencement of such action;

and

(v) involuntary distributions or conveyances related to the

involuntary dissolution of a Native Corporation or Settlement

Trust.

(B) Except as otherwise provided (!2) specifically provided, the

exemptions described in subparagraph (A) shall apply to any claim

or judgment existing on or arising after February 3, 1988.

(2) Definitions. - (A) For purposes of this subsection, the term

-

(i) "Developed" means a purposeful modification of land, or an

interest in land, from its original state that effectuates a

condition of gainful and productive present use without further

substantial modification. Any such modification shall be

performed by the Native individual or Native Corporation.

Surveying, construction of roads, providing utilities, or other

similar actions, which are normally considered to be component

parts of the development process but do not create the condition

described in the preceding sentence, shall not constitute a

developed state within the meaning of this clause. In order to

terminate the exemptions listed in paragraph (1), land, or an

interest in land, must be developed for purposes other than

exploration, and the exemptions will be terminated only with

respect to the smallest practicable tract actually used in the

developed state. Any lands previously developed by third-party

trespassers shall not be considered to have been developed.; (!3)

(ii) "Exploration" means the examination and investigation of

undeveloped land to determine the existence of subsurface

nonrenewable resources; and

(iii) "Leased" means subjected to a grant of primary possession

entered into for a gainful purpose with a determinable fee

remaining in the hands of the grantor. With respect to a lease

that conveys rights of exploration and development, the

exemptions listed in paragraph (1) shall continue with respect to

that portion of the leased tract that is used solely for the

purposes of exploration.

(B) For purposes of this subsection -

(i) land shall not be considered developed solely as a result

of -

(I) the construction, installation, or placement upon such

land of any structure, fixture, device, or other improvement

intended to enable, assist, or otherwise further subsistence

uses or other customary or traditional uses of such land, or

(II) the receipt of fees related to hunting, fishing, and

guiding activities conducted on such land;

(ii) land upon which timber resources are being harvested shall

be considered developed only during the period of such harvest

and only to the extent that such land is integrally related to

the timber harvesting operation;

(iii) land subdivided by a State or local platting authority on

the basis of a subdivision plat submitted by the holder of the

land or its agent, shall be considered developed on the date an

approved subdivision plat is recorded by such holder or agent

unless the subdivided property is a remainder parcel; and

(iv) lands or interest in lands shall not be considered

developed or leased or sold to a third party as a result of an

exchange or conveyance of such land or interest in land between

or among Native Corporations and trusts, partnerships,

corporations, or joint ventures, whose beneficiaries, partners,

shareholders, or joint venturers are Native Corporations.

(3) Action by a Trustee. - (A) Except as provided in this

paragraph and in section 14(c)(3) of the Alaska Native Claims

Settlement Act [43 U.S.C. 1613(c)(3)] no trustee, receiver, or

custodian vested pursuant to applicable Federal or State law with a

right, title, or interest of a Native individual or Native

Corporation shall -

(i) assign or lease to a third party,

(ii) commence development or use of, or

(iii) convey to a third party,

any right, title, or interest in any land, or interests in land,

subject to the exemptions described in paragraph (1).

(B) The prohibitions of subparagraph (A) shall not apply -

(i) when the actions of such trustee, receiver, or custodian

are for purposes of exploration or pursuant to a judgment in law

or in equity (or arbitration award) arising out of any claim made

pursuant to section 7(i) or section 14(c) of the Alaska Native

Claims Settlement Act [43 U.S.C. 1606(i) or 1613(c)];

(ii) to any land, or interest in land, which has been -

(I) developed or leased prior to the vesting of the trustee,

receiver, or custodian with the right, title, or interest of

the Native Corporation; or

(II) expressly pledged as security for any loan or expressly

committed to any commercial transaction in a valid agreement;

or

(iii) to actions by any trustee whose right, title, or interest

in land or interests in land arises pursuant to an agreement

between or among Native Corporations and trusts, partnerships, or

joint ventures whose beneficiaries, partners, shareholders, or

joint venturers are Native Corporations.

(4) Exclusions, Reattachment of Exemptions. - (A) The exemptions

listed in paragraph (1) shall not apply to any land, or interest in

land, which is -

(i) developed or leased or sold to a third party;

(ii) held by a Native Corporation in which neither -

(I) the Settlement Common Stock of the corporation,

(II) the Settlement Common Stock of the corporation and other

stock of the corporation held by holders of Settlement Common

Stock, nor

(III) the Settlement Common Stock of the corporation and

other stock of the corporation held by holders of Settlement

Common Stock and by Natives and descendants of Natives,

represents a majority of either the total equity of the

corporation or the total voting power of the corporation for the

purposes of electing directors; or

(iii) held by a Settlement Trust with respect to which any of

the conditions set forth in section 39 of the Alaska Native

Claims Settlement Act [43 U.S.C. 1629e] have been violated.

(B) The exemptions described in clauses (iii), (iv), and (v) of

paragraph (1)(A) shall not apply to any land, or interest in land -

(i) to the extent that such land or interest is expressly

pledged as security for any loan or expressly committed to any

commercial transaction in a valid agreement, and

(ii) to the extent necessary to enforce a judgment in any

action at law or in equity (or any arbitration award) arising out

of any claim made pursuant to section 7(i) or section 14(c) of

the Alaska Native Claims Settlement Act [43 U.S.C. 1606(i) or

1613(c)].

(C) If the exemptions listed in paragraph (1) are terminated with

respect to land, or an interest in land, as a result of development

(or a lease to a third party), and such land, or interest in land,

subsequently reverts to an undeveloped state (or the third-party

lease is terminated), then the exemptions shall again apply to such

land, or interest in land, in accordance with the provisions of

this subsection.

(5) Tax Recapture Upon Subdivision Plat Recordation. - (A) Upon

the recordation with an appropriate government authority of an

approved subdivision plat submitted by, or on behalf of, a Native

individual, Native Corporation, or Settlement Trust with respect to

land described in paragraph (1), such individual, corporation, or

trust shall pay in accordance with this paragraph all State and

local property taxes on the smallest practicable tract integrally

related to the subdivision project that would have been incurred by

the individual, corporation, or trust on such land (excluding the

value of subsurface resources and timber) in the absence of the

exemption described in paragraph (1)(A)(ii) during the thirty

months prior to the date of the recordation of the plat.

(B) State and local property taxes specified in subparagraph (A)

of this paragraph (together with interest at the rate of 5 per

centum per annum commencing on the date of recordation of the

subdivision plat) shall be paid in equal semi-annual installments

over a two-year period commencing on the date six months after the

date of recordation of the subdivision plat.

(C) At least thirty days prior to final approval of a plat of the

type described in subparagraph (A), the government entity with

jurisdiction over the plat shall notify the submitting individual,

corporation, or trust of the estimated tax liability that would be

incurred as a result of the recordation of the plat at the time of

final approval.

(6) Savings. - (A) No provision of this subsection shall be

construed to impair, or otherwise affect, any valid contract or

other obligation that was entered into prior to February 3, 1988.

(B) Enactment of this subsection shall not affect any real

property tax claim in litigation on February 3, 1988.

(e) Condemnation

All land subject to an agreement made pursuant to subsection (a)

of this section and all land, and interests in land, conveyed or

subsequently reconveyed pursuant to the Alaska Native Claims

Settlement Act [43 U.S.C. 1601 et seq.] to a Native individual,

Native Corporation, or Settlement Trust shall be subject to

condemnation for public purposes in accordance with the provisions

of this Act and other applicable law.

(f) Existing contracts

Nothing in this section shall be construed as impairing, or

otherwise affecting in any manner, any contract or other obligation

which was entered into prior to December 2, 1980, or which (1)

applies to any land which is subject to an agreement, and (2) was

entered into before the agreement becomes effective.

(g) State jurisdiction

Except as expressly provided in subsection (d) of this section,

no provision of this section shall be construed as affecting the

civil or criminal jurisdiction of the State of Alaska.

-SOURCE-

(Pub. L. 96-487, title IX, Sec. 907, Dec. 2, 1980, 94 Stat. 2444;

Pub. L. 100-241, Sec. 11, Feb. 3, 1988, 101 Stat. 1806; Pub. L.

105-333, Secs. 1, 2, Oct. 31, 1998, 112 Stat. 3129.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsecs.

(d)(1)(A) and (e), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688,

as amended, which is classified generally to chapter 33 (Sec. 1601

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of this

title and Tables.

This Act, referred to in subsec. (e), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of Title 16, Conservation, and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(1)(A). Pub. L. 105-333, Sec. 1(a), in

introductory provisions, inserted "or conveyed to a Native

Corporation pursuant to an exchange authorized by section 22(f) of

the Alaska Native Claims Settlement Act or section 3192(h) of title

16 or other applicable law" after "Settlement Trust".

Subsec. (d)(2)(A)(i). Pub. L. 105-333, Sec. 2(3), which directed

the amendment of cl. (i) by adding "Any lands previously developed

by third-party trespassers shall not be considered to have been

developed." without specifying where the language was to be added,

was executed by adding the language before the semicolon at the end

to reflect the probable intent of Congress.

Pub. L. 105-333, Sec. 2(1), (2), inserted "Any such modification

shall be performed by the Native individual or Native Corporation."

after "substantial modification." and inserted a period after

"developed state" the second place it appeared.

Subsec. (d)(2)(B)(iv). Pub. L. 105-333, Sec. 1(b), added cl.

(iv).

Subsec. (d)(3)(B)(iii). Pub. L. 105-333, Sec. 1(c), added cl.

(iii).

1988 - Subsec. (a)(1). Pub. L. 100-241, Sec. 11(1), (2),

substituted "subsection (d)(1) of this section" for "subsection

(c)(2) of this section" and "no lands shall be included" for "lands

not owned by landowners described in subsection (c)(2) of this

section shall not be included".

Subsec. (b)(1). Pub. L. 100-241, Sec. 11(1), substituted

"subsection (d)(1) of this section" for "subsection (c)(2) of this

section".

Subsec. (c). Pub. L. 100-241, Sec. 11(3), amended subsec. (c)

generally, changing structure of subsection from one consisting of

introductory provisions and four numbered paragraphs to one

consisting of two numbered paragraphs.

Pub. L. 100-241, Sec. 11(1), substituted "subsection (d)(1) of

this section" for "subsection (c)(2) of this section" in pars. (3)

and (4)(A).

Subsec. (d). Pub. L. 100-241, Sec. 11(3), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

"Notwithstanding any other provision of this section, unless the

landowner decides otherwise, the benefits specified in subsection

(d)(1) of this section shall apply to lands conveyed pursuant to

the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.],

or sections 1631 and 1632 of this title for a period of three years

from the date of conveyance or December 2, 1980, whichever is

later: Provided, That this subsection shall not apply to any lands

which on December 2, 1980, are the subject of a mortgage, pledge or

other encumbrance."

Pub. L. 100-241, Sec. 11(1), substituted "subsection (d)(1) of

this section" for "subsection (c)(2) of this section".

Subsec. (e). Pub. L. 100-241, Sec. 11(3), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "The

provisions of section 21(e) of the Alaska Native Claims Settlement

Act [43 U.S.C. 1620(e)] shall apply to all lands which are subject

to an agreement under this section so long as the parties to the

agreement are in compliance therewith."

Subsec. (g). Pub. L. 100-241, Sec. 11(4), added subsec. (g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1629b, 1629d of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph (3)".

(!2) So in original. The word "provided" probably should not

appear.

(!3) So in original. The period probably should not appear.

-End-

-CITE-

43 USC Sec. 1637 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1637. Use of protraction diagrams

-STATUTE-

With the agreement of the party to whom a patent is to be issued

under this chapter, or the Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.], the Secretary, in his discretion, may base

such patent on protraction diagrams in lieu of field surveys. Any

person or corporation receiving a patent under this chapter or the

Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] on the

basis of a protraction diagram shall receive any gain or bear any

loss of acreage due to errors, if any, in such protraction diagram.

-SOURCE-

(Pub. L. 96-487, title IX, Sec. 909, Dec. 2, 1980, 94 Stat. 2447.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in text, is

Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of this title and

Tables.

-End-

-CITE-

43 USC Sec. 1638 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1638. National Environmental Policy Act

-STATUTE-

The National Environmental Policy Act of 1969 (83 Stat. 852) [42

U.S.C. 4321 et seq.] shall not be construed, in whole or in part,

as requiring the preparation or submission of an environmental

impact statement for withdrawals, conveyances, regulations, orders,

easement determinations, or other actions which lead to the

issuance of conveyances to Natives or Native Corporations, pursuant

to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et

seq.], or this Act. Nothing in this section shall be construed as

affirming or denying the validity of any withdrawals by the

Secretary under section 14(h)(3) of the Alaska Native Claims

Settlement Act [43 U.S.C. 1613(h)(3)].

-SOURCE-

(Pub. L. 96-487, title IX, Sec. 910, Dec. 2, 1980, 94 Stat. 2447.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,

which is classified generally to chapter 55 (Sec. 4321 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The Alaska Native Claims Settlement Act, referred to in text, is

Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of this title and

Tables.

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of Title

16, Conservation, and Tables.

-End-

-CITE-

43 USC Sec. 1639 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1639. Construction with Alaska Native Claims Settlement Act

-STATUTE-

Except as specifically provided in this Act, (i) the provisions

of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]

are fully applicable to this Act, and (ii) nothing in this Act

shall be construed to alter or amend any of such provisions.

-SOURCE-

(Pub. L. 96-487, title XIV, Sec. 1412, Dec. 2, 1980, 94 Stat.

2498.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of Title

16, Conservation, and Tables.

The Alaska Native Claims Settlement Act, referred to in cl. (i),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of this title and

Tables.

-COD-

CODIFICATION

Section was not enacted as part of title IX of Pub. L. 96-487

which comprises this chapter.

-End-

-CITE-

43 USC Sec. 1640 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1640. Relinquishment of selections partly within conservation

units

-STATUTE-

Whenever a valid State or Native selection is partly in and

partly out of the boundary of a conservation system unit,

notwithstanding any other provision of law to the contrary, the

State or any Native Corporation may relinquish its rights in any

portion of any validly selected Federal land, including land

underneath waters, which lies within the boundary of the

conservation system unit. Upon relinquishment, the Federal land

(including land underneath waters) so relinquished within the

boundary of the conservation system unit shall become, and be

administered as, a part of the conservation system unit. The total

land entitlement of the State or Native Corporation shall not be

affected by such relinquishment. In lieu of the lands and waters

relinquished by the State, the State may select pursuant to the

Alaska Statehood Act as amended by this Act, an equal acreage of

other lands available for such purpose. The Native Corporation may

retain an equal acreage from overselection lands on which selection

applications were otherwise properly and timely filed. A

relinquishment pursuant to this section shall not invalidate an

otherwise valid State or Native Corporation land selection outside

the boundaries of the conservation system unit, on the grounds

that, after such relinquishment, the remaining portion of the land

selection no longer meets applicable requirements of size,

compactness, or contiguity, or that the portion of the selection

retained immediately outside the conservation system unit does not

follow section lines along the boundary of the conservation system

unit. The validity of the selection outside such boundary shall not

be adversely affected by the relinquishment.

-SOURCE-

(Pub. L. 96-487, title XIV, Sec. 1415, Dec. 2, 1980, 94 Stat.

2499.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Statehood Act as amended by this Act, referred to in

text, is Pub. L. 85-508, July 7, 1958, 72 Stat. 339 as amended by

Pub. L. 96-487, Dec. 2, 1980, 96 Stat. 2371, which is set out as a

note preceding section 21 of Title 48, Territories and Insular

Possessions.

This Act, referred to in text, is Pub. L. 96-487, Dec. 2, 1980,

94 Stat. 2371, as amended, known as the Alaska National Interest

Lands Conservation Act. For complete classification of this Act to

the Code, see Short Title note set out under section 3101 of Title

16, Conservation, and Tables.

-COD-

CODIFICATION

Section was not enacted as part of title IX of Pub. L. 96-487

which comprises this chapter.

-End-

-CITE-

43 USC Sec. 1641 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1641. Conveyances to Village Corporations

-STATUTE-

(a) Optional procedure

The provisions of this section shall be applicable only to the

conveyance of Federal lands described herein to a Native

Corporation which within one hundred and eighty days after December

2, 1980, or the date of eligibility determination, whichever is

later, files a document with the Secretary setting forth its

election to receive conveyance pursuant to this section.

(b) "Core" townships, etc.

(1)(A) Except to the extent that conveyance of a surface estate

would be inconsistent with section 12(a), 14(a), 14(b), or 22(l) of

the Alaska Native Claims Settlement Act [43 U.S.C. 1611(a),

1613(a), 1613(b), or 1621(l)], subject to valid existing rights and

section 1633(a) of this title, there is hereby conveyed to and

vested in each Village Corporation for a Native Village which is

determined by the Secretary to be eligible for land under section

11 or 16 of the Alaska Native Claims Settlement Act [43 U.S.C. 1610

or 1615] and which did not elect to acquire a former reserve under

section 19(b) of such Act [43 U.S.C. 1618(b)], all of the right,

title, and interest of the United States in and to the surface

estate in the public lands, as defined in such Act [43 U.S.C. 1601

et seq.], in the township or townships withdrawn pursuant to

section 11(a)(1) or 16(a) of such Act [43 U.S.C. 1610(a)(1) or

1615(a)] in which all or any part of such Village is located. As

used in this paragraph the term "Native Village" has the same

meaning such term has in section 3(c) of the Alaska Native Claims

Settlement Act [43 U.S.C. 1602(c)].

(B) Where two or more Village Corporations are entitled to the

same land by virtue of the same township or townships embracing all

or part of the Native Villages, the conveyance made by paragraph

(A) shall not be effective as to such lands until an arbitration

decision or other binding agreement between or among the

Corporations is filed with and published by the Secretary. Within

thirty days of receipt of such decision or agreement, the Secretary

shall publish notice of the decision or agreement in the Federal

Register. Effective with such publication, title to the lands

conveyed by subparagraph (A) shall vest in the Village Corporation

as specified in the decision or agreement. For purposes of section

1632 of this title, until title vests in the Village Corporation

pursuant to this subparagraph, the Secretary shall consider the

entire acreage involved chargeable to each Corporation's

entitlement.

(2) Except to the extent that conveyance of a surface estate

would be inconsistent with section 12(a), 14(a), or 22(l) of the

Alaska Native Claims Settlement Act [43 U.S.C. 1611(a), 1613(a), or

1621(l)], subject to valid existing rights and section 1633(a) of

this title, there is hereby conveyed to and vested in each Village

Corporation for a Native Village which is determined by the

Secretary to be eligible for land under section 11 of such Act [43

U.S.C. 1610], and which did not elect to acquire a former reserve

under section 19(b) of such Act [43 U.S.C. 1618(b)], all of the

right, title, and interest of the United States in and to the

surface estate in the township or townships withdrawn pursuant to

section 11(a)(2) of such Act [43 U.S.C. 1610(a)(2)] in which all or

any part of such village is located: Provided, That any such land

reserved to or selected by the State of Alaska under the Acts of

March 4, 1915 (38 Stat. 1214), as amended, January 21, 1929 (45

Stat. 1091), as amended, or July 28, 1956 (70 Stat. 709), and lands

selected by the State which have been tentatively approved to the

State under section 6(g) of the Alaska Statehood Act and as to

which the State, prior to December 18, 1971, had conditionally

granted title to, or contracts to purchase, the surface estate to

third parties, including cities and boroughs within the State, and

such reservations, selections, grants, and contracts had not

expired or been relinquished or revoked by December 2, 1980, shall

not be conveyed by operation of this paragraph: And provided

further, That the provisions of subparagraph (1)(B) of this

subsection shall apply to the conveyances under this paragraph.

(3) Subject to valid existing rights and section 1633(a) of this

title, there is hereby conveyed to and vested in each Village

Corporation which, by December 2, 1980, is determined by the

Secretary to be eligible under the Alaska Native Claims Settlement

Act [43 U.S.C. 1601 et seq.] to, and has elected to, acquire title

to any estate pursuant to section 19(b) of the Alaska Native Claims

Settlement Act [43 U.S.C. 1618(b)], all of the right, title, and

interest of the United States in and to the estates in a reserve,

as such reserve existed on December 18, 1971, which was set aside

for the use or benefit of the stockholders or members of such

Corporation before December 18, 1971. Nothing in this paragraph

shall apply to the Village Corporation for the Native village of

Klukwan, which Corporation shall receive those rights granted to it

by the Act of January 2, 1976 (Public Law 94-204) as amended by the

Act of October 4, 1976 (Public Law 94-456).

(4) Subject to valid existing rights and section 1633(a) of this

title, and except where such lands are within a National Wildlife

Refuge or the National Petroleum Reserve - Alaska, for which the

Regional Corporation obtains in-lieu rights pursuant to section

12(a)(1) of the Alaska Native Claims Settlement Act [43 U.S.C.

1611(a)(1)], there is hereby conveyed to and vested in each

Regional Corporation which, as a result of a conveyance of a

surface estate by operation of paragraphs (1) and (2) of this

subsection, is entitled under section 14(f) of the Alaska Native

Claims Settlement Act [43 U.S.C. 1613(f)] to receive the subsurface

estate corresponding to such surface estate, all of the right,

title, and interest of the United States in and to such subsurface

estate.

(c) Documents

As soon as possible after December 2, 1980, the Secretary shall

issue to each Native Corporation referred to in subsection (b) of

this section interim conveyances or patents to the estate or

estates conveyed to such Corporation by such subsection, but title

shall be deemed to have passed on the date of the filing of a

document of election described in subsection (a) of this section,

notwithstanding any delay in the issuance of the interim

conveyances or patents.

(d) Reconveyances; disputes

A Village Corporation's obligation to reconvey lands under

section 14(c) of the Alaska Native Claims Settlement Act [43 U.S.C.

1613(c)] shall arise only upon receipt of an interim conveyance or

patent, whichever is earlier, under subsection (c) of this section

or under such Act [43 U.S.C. 1601 et seq.]. For purposes of the

Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.],

legislative conveyances made by, or interim conveyances and patents

issued pursuant to, this title shall have the same effect as if

issued pursuant to sections 14(a), 14(b), 14(f), and 19(b) of the

Alaska Native Claims Settlement Act [43 U.S.C. 1613(a), 1613(b),

1613(f), and 1618(b)] and shall be deemed to have been so issued.

Disputes between or among Native Corporations arising from

conveyances under this Act shall be resolved by a board of

arbitrators of a type described in section 12(e) of the Alaska

Native Claims Settlement Act [43 U.S.C. 1611(e)] pertaining to

disputes over land selection rights and the boundaries of Village

Corporations.

(e) Existing rights

All conveyances made by operation of this section shall be

subject to the terms and conditions of the Alaska Native Claims

Settlement Act [43 U.S.C. 1601 et seq.] as if such conveyances or

patents had been made or issued pursuant to that Act.

(f) Easements

For a period of one year from December 2, 1980, the Secretary may

identify and issue a decision to reserve in the patent those

easements, pursuant to section 17(b)(3) of the Alaska Native Claims

Settlement Act, which are described in section 17(b)(1) of such Act

on lands conveyed by this section, but the Secretary shall not

reserve a greater number of easements or more land for a particular

easement or easements than is reasonably necessary and he shall be

guided by the principles of section 1633 of this title. Upon the

finality of the decision so issued, such easements shall be

reserved in the conveyance document or documents issued by the

Secretary as required by this section.

(g) "Native Corporation" defined

For purposes of this section, the term "Native Corporation" means

Village Corporations and Regional Corporations.

-SOURCE-

(Pub. L. 96-487, title XIV, Sec. 1437, Dec. 2, 1980, 94 Stat.

2546.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsecs.

(b)(1)(A), (3), (d), and (e), is Pub. L. 92-203, Dec. 18, 1971, 85

Stat. 688, as amended, which is classified generally to chapter 33

(Sec. 1601 et seq.) of this title. Section 17(b) of the Act was

classified to section 1616(b) of this title and was omitted from

the Code. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of this title and

Tables.

Act of March 4, 1915, as amended, referred to in subsec. (b)(2),

is act Mar. 4, 1915, ch. 181, 38 Stat. 1214, as amended, which

enacted section 353 of Title 48, Territories and Insular

Possessions, and a provision set out as a note under section 852 of

this title. Section 353 of Title 48 was repealed by Pub. L. 85-508,

Sec. 6(k), July 7, 1958, 72 Stat. 343. For complete classification

of this Act to the Code, see Tables.

Act of January 21, 1929, as amended, referred to in subsec.

(b)(2), is act Jan. 21, 1929, ch. 92, 45 Stat. 1091, as amended,

which is set out as a note under section 852 of this title. For

complete classification of this Act to the Code, see Tables.

Act July 28, 1956, referred to in subsec. (b)(2), is act July 28,

1956, ch. 772, 70 Stat. 709, as amended. For complete

classification of this Act to the Code, see Tables.

Section 6(g) of the Alaska Statehood Act, referred to in subsec.

(b)(2), is section 6(g) of Pub. L. 85-508, July 7, 1948, 72 Stat.

339, which is set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions.

Act of January 2, 1976 (Public Law 94-204) as amended by the Act

of October 4, 1976 (Public Law 94-456), referred to in subsec.

(b)(3), is Pub. L. 94-204, Jan. 2, 1976, 89 Stat. 1145, as amended,

which enacted sections 1625 to 1627 of this title, amended sections

1615, 1616, 1620, and 1621 of this title, and enacted provisions

set out as notes under sections 1604, 1605, 1611, 1613, 1618, and

1625 of this title, as amended by Pub. L. 94-456, Oct. 4, 1976, 90

Stat. 1934, which amended section 1615 of this title and provisions

set out as notes under section 1611 of this title. For complete

classification of these Acts to the Code, see Tables.

This title, referred to in subsec. (d), is title XIV of Pub. L.

96-487, Dec. 2, 1980, 94 Stat. 2491, which enacted sections 1639 to

1641 of this title, amended sections 1602, 1606, 1607, 1611, 1613,

1620, and 1621 of this title, enacted provisions set out as notes

under sections 1605, 1613, and 1618 of this title, and amended

provisions set out as notes under sections 1611 and 1613 of this

title. For complete classification of title XIV to the Code, see

Tables.

This Act, referred to in subsec. (d), is Pub. L. 96-487, Dec. 2,

1980, 94 Stat. 2371, as amended, known as the Alaska National

Interest Lands Conservation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3101 of Title 16, Conservation, and Tables.

-COD-

CODIFICATION

Section was not enacted as part of title IX of Pub. L. 96-487

which comprises this chapter.

-End-

-CITE-

43 USC Sec. 1642 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33A - IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND

ALASKA STATEHOOD

-HEAD-

Sec. 1642. Land conveyances

-STATUTE-

Solely for the purpose of bringing claims that arise from the

discharge of oil, the Congress confirms that all right, title, and

interest of the United States in and to the lands validly selected

pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601

et seq.) by Alaska Native corporations are deemed to have vested in

the respective corporations as of March 23, 1989. This section

shall take effect with respect to each Alaska Native corporation

only upon its irrevocable election to accept an interim conveyance

of such land and notice of such election has been formally

transmitted to the Secretary of the Interior.

-SOURCE-

(Pub. L. 96-487, title XIV, Sec. 1438, as added Pub. L. 101-380,

title VIII, Sec. 8301, Aug. 18, 1990, 104 Stat. 572.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in text, is

Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1601 of this title and

Tables.

-MISC1-

EFFECTIVE DATE

Section applicable to incidents occurring after Aug. 18, 1990,

see section 1020 of Pub. L. 101-380, set out as a note under

section 2701 of Title 33, Navigation and Navigable Waters.

-End-