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43 U.S.C. § 1632 — Statute of limitations on decisions of Secretary and reconveyance of land by Village Corporation

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

43 U.S.C. § 1632 — Statute of limitations on decisions of Secretary and reconveyance of land by Village Corporation

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/c&num=0&edition=prelim)] 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.

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Stable record: federal_law:legal_authorities:record_usc_150e270e7aa56ecbd356d0ee
Source file: Laws/federal/codes/united-states-code/title-43/section-1632-statute-of-limitations-on-decisions-of-secretary-and-reconveyance-of-lan--84f2f21222.md
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Source location: Title 43, Chapter 33A, § 1632; chapter-33a-implementation-of-alaska-native-claims-settlement-and-alaska-statehood.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/c&num=0&edition=prelim)] 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.

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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. § 1301 — Definitions

When used in this subchapter and subchapter II— **(a)** The term “lands beneath navigable waters” means— (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; **(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha

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

43 U.S.C. § 1601 — Congressional findings and declaration of policy

Congress finds and declares that— **(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; **(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; **(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; **(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any

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

43 U.S.C. § 1641 — Conveyances to Village Corporations

**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1611/a&num=0&edition=prelim), 1613(a), 1613(b), or 1621(l)], subject to valid existing rights and [section 1633(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1633/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1618/b&num=0&edition=prelim)], 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], in the township or townships withdrawn pu

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

43 U.S.C. § 1301 — Definitions

Page 317 TITLE 43—PUBLIC LANDS § 1301 1 So in original. The comma probably should be a semicolon. and tenants of land acquired for developments and to applications for payments. Section 1232, Pub. L. 85–433, § 2, May 29, 1958, 72 Stat. 152, related to administration and rules and regula- tions. Section 1233, Pub. L. 85–433, § 3, May 29, 1958, 72 Stat. 152, related to definitions. Section 1234, Pub. L. 85–433, § 4, May 29, 1958, 72 Stat. 152, related to availability of appropriations. See sec- tion 4601 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 2, 1971, see section 221 of Pub. L. 91–646, set out as an Effective Date note under section 4601 of Title 42, The Public Health and Welfare. SAVINGS PROVISION Any rights or liabilities existing under provisions re- pealed by section 220(a) of Pub. L. 91–646 as not affected by such repeal, see section 220(b) of Pub. L. 91–646, set out as a note under section 4621 of Title 42, The Public Health and Welfare. SUBCHAPTER XIII—STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS § 1241. Transferred Editorial Notes CODIFICATION Section 1241 was editorially reclassified as section 2701 of this title. § 1242. Transferred Editorial Notes CODIFICATION Section 1242 was editorially reclassified as section 2702 of this title. § 1243. Transferred Editorial Notes CODIFICATION Section 1243 was editorially reclassified as section 2703 of this title. CHAPTER 29—SUBMERGED LANDS SUBCHAPTER I—GENERAL PROVISIONS Sec. 1301. Definitions. 1302. Resources seaward of Continental Shelf. 1303. Amendment, modification, or repeal of other laws. SUBCHAPTER II—LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES 1311. Righ

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1301

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

43 U.S.C. § 1601 — Congressional findings and declaration of

Page 434 TITLE 43—PUBLIC LANDS § 1600l 1 So in original. Probably should be ‘‘of’’. § 1600l. Authorization of appropriations There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to dis- charge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42: Provided, That by mutual agreement, such funds shall be made available to the Federal Emer- gency Management Agency to discharge its du- ties under section 4029 of title 42: Provided fur- ther, That the provisions of sections 1600d and 1600e of this title shall not be affected by this section: And Provided further, in addition, Indian tribes may be eligible under Public Law 93–638 [25 U.S.C. 5301 et seq.] to contract for studies of Indian lands required under the provisions of this chapter. (Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1601

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

43 U.S.C. § 1613 — Conveyance of lands

**(a) Native villages listed in section 1610 and qualified for land benefits; patents for surface estates; issuance; acreage** Immediately after selection by a Village Corporation for a Native village listed in [section 1610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim) which the Secretary finds is qualified for land benefits under this chapter, the Secretary shall issue to the Village Corporation a patent to the surface estate in the number of acres shown in the following table: If the village had on the 1970 censusenumeration date a Native populationbetween—It shall be entitled to a patent to an area of public lands equal to— 25 and 9969,120 acres. 100 and 19992,160 acres. 200 and 399115,200 acres. 400 and 599138,240 acres. 600 or more161,280 acres. The lands patented shall be those selected by the Village Corporation pursuant to [section 1611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1611/a&num=0&edition=prelim). In addition, the Secretary shall issue to the Village Corporation a patent to the surface estate in the lands selected pursuant to [section 1611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1611/b&num=0&edition=prelim). **(b) Native villages listed in section 1615 and qualified for land benefits; patents for surface estates; issuance; acreage** Immediately after selection by any Village Corporation for a Native village listed in [section 1615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1615&num=0&edition=prelim) which the Secretary finds is qualified for land benefits under this chapter, the Secretary shall issue to the Village Corporation a

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

43 U.S.C. § 1613 — Conveyance of lands

Page 462 TITLE 43—PUBLIC LANDS § 1613 (b) Withdrawals, selections, and conveyances pursuant to chapter: current plats of surveys or protraction diagrams; conformity to Land Survey System All withdrawals, selections, and conveyances pursuant to this chapter shall be as shown on current plats of survey or protraction diagrams of the Bureau of Land Management, or protrac- tion diagrams of the Bureau of the State where protraction diagrams of the Bureau of Land Management are not available, and shall con- form as nearly as practicable to the United States Land Survey System. (Pub. L. 92–203, § 13, Dec. 18, 1971, 85 Stat. 702.) § 1613. Conveyance of lands (a) Native villages listed in section 1610 and qualified for land benefits; patents for sur- face estates; issuance; acreage Immediately after selection by a Village Cor- poration for a Native village listed in section 1610 of this title which the Secretary finds is qualified for land benefits under this chapter, the Secretary shall issue to the Village Corpora- tion a patent to the surface estate in the num- ber of acres shown in the following table: If the village had on the 1970 census enumeration date a Native population between— It shall be entitled to a patent to an area of public lands equal to— 25 and 99 .......................................... 69,120 acres. 100 and 199 ....................................... 92,160 acres. 200 and 399 ....................................... 115,200 acres. 400 and 599 ....................................... 138,240 acres. 600 or more ..................................... 161,280 acres. The lands patented shall be those selected by the Village Corporation pursuant to section 1611(a) of this title. In addition, the Secretary shall issue to the Village Cor

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1613

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

43 U.S.C. § 1632 — Statute of limitations on decisions of Sec-

Page 504 TITLE 43—PUBLIC LANDS § 1632 after December 2, 1980’’ for ‘‘seven years after Decem- ber 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. Statutory Notes and Related Subsidiaries 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. CONSTRUCTION Pub. L. 100–395, title I, § 102, Aug. 16, 1988, 102 Stat. 980, 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, in- cluding but not limited to the Act of January 2, 1976 (89 Stat. 1151) and section 506(c) of the Alaska National In- terest Lands Conservation Act (94 Stat. 2409; Public Law 96–487), that authorizes, ratifies or implements such an agreement.’’ REPORT TO CONGRESS Pub. L. 100–395, title I, § 103, Aug. 16, 1988, 102 Stat. 980, directed Secretary of the Interior to prepare a re- port 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 ac- tion, specified scope of the report, and directed Sec- retary, within one year after Aug. 16, 1988, to submit a report to Congress. DEFINITIONS For definition of the terms ‘‘land’’, ‘‘Federal land’’, ‘‘public lands’’, ‘‘conservation system unit’’, ‘‘Alaska Native Claims Settlement Act’’, ‘‘Native

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1632

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