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43 U.S.C. § 1616 — Joint Federal-State Land Use Planning Commission for Alaska

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1616 — Joint Federal-State Land Use Planning Commission for Alaska

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Stable record: federal_law:legal_authorities:record_usc_0ce4a815e1374bee42a1f442
Source file: Laws/federal/codes/united-states-code/title-43/section-1616-joint-federal-state-land-use-planning-commission-for-alaska--2c0e681e1f.md
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Source location: Title 43, Chapter 33, § 1616; chapter-033-alaska-native-claims-settlement.md

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**(a) Omitted** **(b) Public easements; continuance of access rights under valid existing rights** (1) The Planning Commission shall identify public easements across lands selected by Village Corporations and the Regional Corporations and at periodic points along the courses of major waterways which are reasonably necessary to guarantee international treaty obligations, a full right of public use and access for recreation, hunting, transportation, utilities, docks, and such other public uses as the Planning Commission determines to be important. (2) In identifying public easements the Planning Commission shall consult with appropriate State and Federal agencies, shall review proposed transportation plans, and shall receive and review statements and recommendations from interested organizations and individuals on the need for and proposed location of public easements: Provided, That any valid existing right recognized by this chapter shall continue to have whatever right of access as is now provided for under existing law and this subsection shall not operate in any way to diminish or limit such right of access. (3) Prior to granting any patent under this chapter to the Village Corporation and Regional Corporations, the Secretary shall consult with the State and the Planning Commission and shall reserve such public easements as he determines are necessary. **(c) Prohibition against selection of lands from withdrawn area in event of withdrawal of utility and transportation corridor across public lands** In the event that the Secretary withdraws a utility and transportation corridor across public lands in Alaska pursuant to his existing authority, the State, the Village Corporations and the Regional Corporations shall not be permitted to select lands from the area withdrawn. **(d) Public Land Order Numbered 4582 revoked; withdrawal of unreserved public lands; classification and reclassification of lands; opening lands to appropriation; administration; contracting and other authority of Secretary not impaired by withdrawal** (1) Public Land Order Numbered 4582, 34 Federal Register 1025, as amended, is hereby revoked. For a period of ninety days after December 18, 1971, all unreserved public lands in Alaska are hereby withdrawn from all forms of appropriation under the public land laws, including the mining (except locations for metalliferous minerals) and the mineral leasing laws. During this period of time the Secretary shall review the public lands in Alaska and determine whether any portion of these lands should be withdrawn under authority provided for in existing law to insure that the public interest in these lands is properly protected. Any further withdrawal shall require an affirmative act by the Secretary under his existing authority, and the Secretary is authorized to classify or reclassify any lands so withdrawn and to open such lands to appropriation under the public land laws in accord with his classifications. Withdrawals pursuant to this paragraph shall not affect the authority of the Village Corporations, the Regional Corporations, and the State to make selections and obtain patents within the areas withdrawn pursuant to [section 1610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim). (2) (A) The Secretary, acting under authority provided for in existing law, is directed to withdraw from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, and from selection by Regional Corporations pursuant to [section 1610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim), up to, but not to exceed, eighty million acres of unreserved public lands in the State of Alaska, including previously classified lands, which the Secretary deems are suitable for addition to or creation as units of the National Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers Systems: Provided, That such withdrawals shall not affect the authority of the State and the Regional and Village Corporations to make selections and obtain patents within the areas withdrawn pursuant to [section 1610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim). (B) Lands withdrawn pursuant to paragraph (A) hereof must be withdrawn within nine months of December 18, 1971. All unreserved public lands not withdrawn under paragraph (A) or subsection (d)(1) shall be available for selection by the State and for appropriation under the public land laws. (C) Every six months, for a period of two years from December 18, 1971, the Secretary shall advise the Congress of the location, size and values of lands withdrawn pursuant to paragraph (A) and submit his recommendations with respect to such lands. Any lands withdrawn pursuant to paragraph (A) not recommended for addition to or creation as units of the National Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers Systems at the end of the two years shall be available for selection by the State and the Regional Corporations, and for appropriations under the public land laws. (D) Areas recommended by the Secretary pursuant to paragraph (C) shall remain withdrawn from any appropriation under the public land laws until such time as the Congress acts on the Secretary’s recommendations, but not to exceed five years from the recommendation dates. The withdrawal of areas not so recommended shall terminate at the end of the two year period. (E) Notwithstanding any other provision of this subsection, initial identification of lands desired to be selected by the State pursuant to the Alaska Statehood Act and by the Regional Corporations pursuant to [section 1611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1611&num=0&edition=prelim) may be made within any area withdrawn pursuant to this subsection (d), but such lands shall not be tentatively approved or patented so long as the withdrawals of such areas remain in effect: Provided, That selection of lands by Village Corporations pursuant to [section 1611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1611&num=0&edition=prelim) shall not be affected by such withdrawals and such lands selected may be patented and such rights granted as authorized by this chapter. In the event Congress enacts legislation setting aside any areas withdrawn under the provisions of this subsection which the Regional Corporations or the State desired to select, then other unreserved public lands shall be made available for alternative selection by the Regional Corporations and the State. Any time periods established by law for Regional Corporations or State selections are hereby extended to the extent that delays are caused by compliance with the provisions of this subsection (2). (3) Any lands withdrawn under this section shall be subject to administration by the Secretary under applicable laws and regulations, and his authority to make contracts and to grant leases, permits, rights-of-way, or easements shall not be impaired by the withdrawal.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1611 — Native land selections

**(a) Acreage limitation; proximity of selections and size of sections and units; waiver** (1) During a period of three years from December 18, 1971, the Village Corporation for each Native village identified pursuant to [section 1610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim) shall select, in accordance with rules established by the Secretary, all of the township or townships in which any part of the village is located, plus an area that will make the total selection equal to the acreage to which the village is entitled under [section 1613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613&num=0&edition=prelim). The selection shall be made from lands withdrawn by [section 1610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a&num=0&edition=prelim): Provided, That no Village Corporation may select more than 69,120 acres from lands withdrawn by [section 1610(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a/2&num=0&edition=prelim), and not more than 69,120 acres from the National Wildlife Refuge System, and not more than 69,120 acres in a National Forest: Provided further, That when a Village Corporation selects the surface estate to lands within the National Wildlife Refuge System or Naval Petroleum Reserve Numbered 4, the Regional Corporation, for that region may select the subsurface estate in an equal acreage from other lands withdrawn in [section 1610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a&num=0&edition=prelim) within the region, if possible. (2) Selections made under this subsectio

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1610 — Withdrawal of public lands

**(a) Description of withdrawn public lands; exceptions; National Wildlife Refuge lands exception; time of withdrawal** (1) The following public lands are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, as amended: (A) The lands in each township that encloses all or part of any Native village identified pursuant to subsection (b); (B) The lands in each township that is contiguous to or corners on the township that encloses all or part of such Native village; and (C) The lands in each township that is contiguous to or corners on a township containing lands withdrawn by paragraph (B) of this subsection. The following lands are excepted from such withdrawal: lands in the National Park System and lands withdrawn or reserved for national defense purposes other than Naval Petroleum Reserve Numbered 4. (2) All lands located within the townships described in subsection (a)(1) hereof that have been selected by, or tentatively approved to, but not yet patented to, the State under the Alaska Statehood Act are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from the creation of third party interests by the State under the Alaska Statehood Act. (3) (A) If the Secretary determines that the lands withdrawn by subsections (a)(1) and (2) hereof are insufficient to permit a Village or Regional Corporation to select the acreage it is entitled to select, the Secretary shall withdraw three times the deficiency from the nearest unreserved, vacant and unappropriated public lands. In making this withdrawal the Secretar

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1602 — Definitions

For the purposes of this chapter, the term— **(a)** “Secretary” means the Secretary of the Interior; **(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; **(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; **(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; **(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1621 — Miscellaneous provisions

**(a) Contract restrictions; percentage fee; enforcement; liens, executions, or judgments** None of the revenues granted by [section 1605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1605&num=0&edition=prelim), and none of the lands granted by this chapter to the Regional and Village Corporation and to Native groups and individuals shall be subject to any contract which is based on a percentage fee of the value of all or some portion of the settlement granted by this chapter. Any such contract shall not be enforceable against any Native as defined by this chapter or any Regional or Village Corporation and the revenues and lands granted by this chapter shall not be subject to lien, execution or judgment to fulfill such a contract. **(b) Patents for homesteads, headquarters sites, trade and manufacturing sites, or small tract sites; use and occupancy protection** The Secretary is directed to promptly issue patents to all persons who have made a lawful entry on the public lands in compliance with the public land laws for the purpose of gaining title to homesteads, headquarters sites, trade and manufacturing sites, or small tract sites ([43 U.S.C. 682](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section682&num=0&edition=prelim) 11 So in original. See References in Text note below.), and who have fulfilled all requirements of the law prerequisite to obtaining a patent. Any person who has made a lawful entry prior to August 31, 1971, for any of the foregoing purposes shall be protected in his right of use and occupancy until all the requirements of law for a patent have been met even though the lands involved have been reserved or withdrawn in accordance with Public Land Order 4582, as amended, or the wit

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1616 — Joint Federal-State Land Use Planning

Page 469 TITLE 43—PUBLIC LANDS § 1616 Act of July 9, 1968 (82 Stat. 307), referred to in subsec. (c), is Pub. L. 90–392, July 9, 1968, 82 Stat. 307, known as the Second Supplemental Appropriation Act, 1968, which is not classified to the Code. The United States Court of Claims, referred to in sub- sec. (c), and the United States Court of Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of Appeals for the Federal Circuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25, which also created a United States Claims Court [now United States Court of Federal Claims] that inherited the trial jurisdiction of the Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial Procedure. Act of July 13, 1970 (84 Stat. 431), referred to in sub- sec. (c), is Pub. L. 91–335, July 13, 1970, 84 Stat. 431, which was classified to section 1211 of Title 25, Indians, prior to omission from the Code as being of special and not general application. Act of June 18, 1934, referred to in subsec. (d)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the Indian Reorganization Act, which is classified gen- erally to chapter 45 (§ 5101 et seq.) of Title 25, Indians. Act of June 18, 1934, is not amended by the act of May 1, 1936. However, section 1 of act May 1, 1936, ch. 254, 49 Stat. 1250, relates to applicability of certain provisions of act June 18, 1934, to the Territory of Alaska, and is classified to section 5119 of Title 25. For complete clas- sification of Act June 18, 1934, to the Code, see Short Title note set out under section 5101 of Title 25 and Ta- bles. For complete classification of Act May 1, 1936, to the Code, see Tables. Act of September 2, 1957,

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