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43 U.S.C. § 1629h — Kake Tribal Corporation land transfer

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

43 U.S.C. § 1629h — Kake Tribal Corporation land transfer

**(a) In general** If— (1) the State of Alaska relinquishes its selection rights under the Alaska Statehood Act (Public Law 85–508) to lands described in subsection (c)(2) of this section; and (2) Kake Tribal Corporation and Sealaska Corporation convey all right, title, and interest to lands described in subsection (c)(1) to the City of Kake, Alaska, then the Secretary of Agriculture (hereinafter referred to as “Secretary”) shall, not later than 180 days thereafter, convey to Kake Tribal Corporation title to the surface estate in the land identified in subsection (c)(2) of this section, and convey to Sealaska Corporation title to the subsurface estate in such land. **(b) Effect on selection totals** (1) Of the lands to which the State of Alaska relinquishes selection rights and which are conveyed to the City of Kake pursuant to subsection (a), 694.5 acres shall be charged against lands to be selected by the State of Alaska under section 6(a) of the Alaska Statehood Act and 694.5 acres against lands to be selected by the State of Alaska under section 6(b) of the Alaska Statehood Act. (2) The land conveyed to Kake Tribal Corporation and to Sealaska Corporation under this section is, for all purposes, considered to be land conveyed under this chapter. However, the conveyance of such land to Kake Tribal Corporation shall not count against or otherwise affect the Corporation’s remaining entitlement under [section 1615(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1615/b&num=0&edition=prelim). **(c) Lands subject to exchange** (1) The lands to be transferred to the City of Kake under subsection (a) are the surface and subsurface estate to approximately 1,430 acres of land owned by Kake Tribal Corporation and Sealaska Corp

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Stable record: federal_law:legal_authorities:record_usc_8266527f8d6b93dd7044a07c
Source file: Laws/federal/codes/united-states-code/title-43/section-1629h-kake-tribal-corporation-land-transfer--3c4e63d9dc.md
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Passage SHA-256: 21bb7e3cbfb436594624b4acc879b6f5fc1b8789d50a7912bee7ed2ce6630466

Source location: Title 43, Chapter 33, § 1629h; chapter-033-alaska-native-claims-settlement.md

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**(a) In general** If— (1) the State of Alaska relinquishes its selection rights under the Alaska Statehood Act (Public Law 85–508) to lands described in subsection (c)(2) of this section; and (2) Kake Tribal Corporation and Sealaska Corporation convey all right, title, and interest to lands described in subsection (c)(1) to the City of Kake, Alaska, then the Secretary of Agriculture (hereinafter referred to as “Secretary”) shall, not later than 180 days thereafter, convey to Kake Tribal Corporation title to the surface estate in the land identified in subsection (c)(2) of this section, and convey to Sealaska Corporation title to the subsurface estate in such land. **(b) Effect on selection totals** (1) Of the lands to which the State of Alaska relinquishes selection rights and which are conveyed to the City of Kake pursuant to subsection (a), 694.5 acres shall be charged against lands to be selected by the State of Alaska under section 6(a) of the Alaska Statehood Act and 694.5 acres against lands to be selected by the State of Alaska under section 6(b) of the Alaska Statehood Act. (2) The land conveyed to Kake Tribal Corporation and to Sealaska Corporation under this section is, for all purposes, considered to be land conveyed under this chapter. However, the conveyance of such land to Kake Tribal Corporation shall not count against or otherwise affect the Corporation’s remaining entitlement under [section 1615(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1615/b&num=0&edition=prelim). **(c) Lands subject to exchange** (1) The lands to be transferred to the City of Kake under subsection (a) are the surface and subsurface estate to approximately 1,430 acres of land owned by Kake Tribal Corporation and Sealaska Corporation, and depicted as “KTC Land to City of Kake” on the map entitled “Kake Land Exchange-2000”, dated May 2000. (2) The lands subject to relinquishment by the State of Alaska and to conveyance to Kake Tribal Corporation and Sealaska Corporation under subsection (a) are the surface and subsurface estate to approximately 1,389 acres of Federal lands depicted as “Jenny Creek-Land Selected by the State of Alaska to KTC” on the map entitled “Kake Land Exchange-2000”, dated May 2000. (3) In addition to the transfers authorized under subsection (a), the Secretary may acquire from Sealaska Corporation the subsurface estate to approximately 1,127 acres of land depicted as “KTC Land-Conservation Easement to SEAL Trust” on the map entitled “Kake Land Exchange-2000”, dated May 2000, through a land exchange for the subsurface estate to approximately 1,168 acres of Federal land in southeast Alaska that is under the administrative jurisdiction of the Secretary. Any exchange under this paragraph shall be subject to the mutual consent of the United States Forest Service and Sealaska Corporation. **(d) Withdrawal** Subject to valid existing rights, the lands described in subsection (c)(2) are withdrawn from all forms of location, entry, and selection under the mining and public land laws of the United States and from leasing under the mineral and geothermal leasing laws. This withdrawal expires 18 months after the effective date of this section. **(e) Maps** The maps referred to in this chapter shall be maintained on file in the Office of the Chief, United States Forest Service, the Office of the Secretary of the Interior, and the Office of the Petersburg Ranger District, Alaska. **(f) Watershed management** The United States Forest Service may cooperate with Kake Tribal Corporation and the City of Kake in developing a watershed management plan that provides for the protection of the watershed in the public interest. Grants may be made, and contracts and cooperative agreements may be entered into, to the extent necessary to assist the City of Kake and Kake Tribal Corporation in the preparation and implementation of a watershed management plan for the land within the City of Kake’s municipal watershed. **(g) Effective date** This section is effective upon the execution of one or more conservation easements that, subject to valid existing rights of third parties— (1) encumber all lands depicted as “KTC Land to City of Kake” and “KTC Land-Conservation Easement to SEAL Trust” on a map entitled “Kake Land Exchange-2000” dated May 2000; (2) provide for the relinquishment by Kake Tribal Corporation of the Corporation’s development rights on lands described in paragraph (1); and (3) provide for perpetual protection and management of lands depicted as “KTC Land to City of Kake” and “KTC Land-Conservation Easement to SEAL Trust” on the map described in paragraph (1) as— (A) a watershed; (B) a municipal drinking water source in accordance with the laws of the State of Alaska; (C) a source of fresh water for the Gunnuk Creek Hatchery; and (D) habitat for black bear, deer, birds, and other wildlife. **(h) Authorization of appropriations** There are authorized such sums as may be necessary to carry out this chapter, including to compensate Kake Tribal Corporation for relinquishing its development rights pursuant to subsection (g)(2). No funds authorized under this section may be paid to Kake Tribal Corporation unless Kake Tribal Corporation is a party to the conservation easements described in subsection (g).

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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. § 1629h — Kake Tribal Corporation land transfer

Page 501 TITLE 43—PUBLIC LANDS § 1629h System in the State that the Secretary esti- mates would be necessary to make allot- ments available for selection by eligible in- dividuals. (4) Identifying Federal land in units of the Na- tional Wildlife Refuge System In identifying whether Federal lands within units of the National Wildlife Refuge System in the State should be made available for al- lotment under paragraph (2)(B), the Secretary shall not identify any Federal land in a unit of the National Wildlife Refuge System— (A) the conveyance of which, independ- ently or as part of a group of allotments— (i) could significantly interfere with bio- logical, physical, cultural, scenic, rec- reational, natural quiet, or subsistence values of the unit of the National Wildlife Refuge System; (ii) could obstruct access by the public or the Fish and Wildlife Service to the re- source values of the unit; (iii) could trigger development or future uses in an area that would adversely affect resource values of the surrounding Na- tional Wildlife Refuge System land; (iv) could open an area of a unit to new access and uses that adversely affect re- sources values of the unit; or (v) could interfere with the management plan of the unit; (B) that is located within 300 feet from the shore of a navigable water body; (C) that is not consistent with the pur- poses for which the unit of the National Wildlife Refuge System was established; (D) that is designated as wilderness by Congress; or (E) that is within the Arctic National Wildlife Refuge. (d) Limitation No Federal land may be identified for selec- tion or made available for allotment within a unit of the National Wildlife Refuge System un- less it has been authorized by an Act of Congress subsequent to Marc

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1629h

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