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43 U.S.C. § 1784 — Lands in Alaska; designation as wilderness; management by Bureau of Land Management pending Congressional action
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, [section 1782 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1782&num=0&edition=prelim) shall not apply to any lands in Alaska. However, in carrying out his duties under sections 1711 and 1712 of this title and other applicable laws, the Secretary may identify areas in Alaska which he determines are suitable as wilderness and may, from time to time, make recommendations to the Congress for inclusion of any such areas in the National Wilderness Preservation System, pursuant to the provisions of the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.]. In the absence of congressional action relating to any such recommendation of the Secretary, the Bureau of Land Management shall manage all such areas which are within its jurisdiction in accordance with the applicable land use plans and applicable provisions of law.
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Stable record: federal_law:legal_authorities:record_usc_dedfa4208d7144dfacf293b0
Source file: Laws/federal/codes/united-states-code/title-43/section-1784-lands-in-alaska-designation-as-wilderness-management-by-bureau-of-land-m--1664693089.md
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Passage SHA-256: fb2806d28e0cc3b88c08e4a221593db57489fb5b3f82d4fc806aade3234e9b8d
Source location: Title 43, Chapter 35, § 1784; chapter-035-federal-land-policy-and-management.md
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Notwithstanding any other provision of law, [section 1782 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1782&num=0&edition=prelim) shall not apply to any lands in Alaska. However, in carrying out his duties under sections 1711 and 1712 of this title and other applicable laws, the Secretary may identify areas in Alaska which he determines are suitable as wilderness and may, from time to time, make recommendations to the Congress for inclusion of any such areas in the National Wilderness Preservation System, pursuant to the provisions of the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.]. In the absence of congressional action relating to any such recommendation of the Secretary, the Bureau of Land Management shall manage all such areas which are within its jurisdiction in accordance with the applicable land use plans and applicable provisions of law.
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Federal law — U.S. Code and appendices · legal_authorities
Where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, however, forty acres of irrigable land or eighty acres of nonirrigable agricultural land or one hundred sixty acres of nonirrigable grazing land to any one Indian; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto, and patent shall be issued to them for such lands in the manner and with the restrictions provided in sections 348 and 349 of this title. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Secretary of the Interior or such officer as he may designate, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 336
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1611
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval of Attorney General Required.—** Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of the title to the land for the purpose for which the Federal Government is acquiring the property.
**(b) Delegation.—**
(1) **In general.—** — The Attorney General may delegate the responsibility under this section to other departments and agencies of the Government, subject to general supervision by the Attorney General and in accordance with regulations the Attorney General prescribes.
(2) **Request for opinion of attorney general.—** — A department or agency of the Government that has been delegated the responsibility to approve land titles under this section may request the Attorney General to render an opinion as to the validity of the title to any real property or interest in the property, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.
**(c) Payment of Expenses for Procuring Certificates of Title.—** Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency of the Government.
**(d) Nonapplication.—** This section does not affect any provision of law in effect on September 1, 1970, that is applicable to the acquisition of land or interests in land by the Tennessee Valley Authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of units** In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established.
**(b) Preservation and protection of scenic, geological, etc., values** It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems.
**(c) Subsistence way of life for rural residents** It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; Congressional declaration of policy; wilderness areas; administration for public use and enjoyment, protection, preservation, and gathering and dissemination of information; provisions for designation as wilderness areas** In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as “wilderness areas”, and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as “wilderness areas” except as provided for in this chapter or by a subsequent Act.
**(b) Management of area included in System; appropriations** The inclusion of an area in the National Wilderness Preservation System notwithstanding, the area shall continue to be managed by the Department and agency having jurisdiction thereover immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No appropriation shall be available for the p
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1131
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that—
(1) the continuation of the opportunity for subsistence uses by rural residents of Alaska, including both Natives and non-Natives, on the public lands and by Alaska Natives on Native lands is essential to Native physical, economic, traditional, and cultural existence and to non-Native physical, economic, traditional, and social existence;
(2) the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses;
(3) continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened by the increasing population of Alaska, with resultant pressure on subsistence resources, by sudden decline in the populations of some wildlife species which are crucial subsistence resources, by increased accessibility of remote areas containing subsistence resources, and by taking of fish and wildlife in a manner inconsistent with recognized principles of fish and wildlife management;
(4) in order to fulfill the policies and purposes of 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.] and as a matter of equity, it is necessary for the Congress to invoke its constitutional authority over Native affairs and its constitutional authority under the property clause and the commerce clause to protect and provide the opportunity for continued subsistence uses on the public lands by Native and non-Native rural residents; and
(5) the national interest in the proper regulation, protection, and conservation of fish and wildlife
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3111
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lands subject to review and designation as wilderness** Within fifteen years after October 21, 1976, the Secretary shall review those roadless areas of five thousand acres or more and roadless islands of the public lands, identified during the inventory required by [section 1711(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1711/a&num=0&edition=prelim) as having wilderness characteristics described in the Wilderness Act of September 3, 1964 (78 Stat. 890; [16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.) and shall from time to time report to the President his recommendation as to the suitability or nonsuitability of each such area or island for preservation as wilderness: Provided, That prior to any recommendations for the designation of an area as wilderness the Secretary shall cause mineral surveys to be conducted by the United States Geological Survey and the United States Bureau of Mines to determine the mineral values, if any, that may be present in such areas: Provided further, That the Secretary shall report to the President by July 1, 1980, his recommendations on those areas which the Secretary has prior to November 1, 1975, formally identified as natural or primitive areas. The review required by this subsection shall be conducted in accordance with the procedure specified in section 3(d) of the Wilderness Act [[16 U.S.C. 1132(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1132/d&num=0&edition=prelim)].
**(b) Presidential recommendation for designation as wilderness** The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1782
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Federal law — U.S. Code and appendices · legal_authorities
Page 1611
TITLE 16—CONSERVATION
§ 1131
or of any person employed by, or assigned or de-
tailed to, the Commission.
(b) Payment; exemption of property from attach-
ment, execution, etc.
Any liability of the Commission shall be met
from funds of the Commission to the extent that
it is not covered by insurance, or otherwise.
Property belonging to the Commission shall be
exempt from attachment, execution, or other
process for satisfaction of claims, debts, or judg-
ments.
(c) Individual members of Commission
No liability of the Commission shall be im-
puted to any member of the Commission solely
on the basis that he occupies the position of
member of the Commission.
(Pub. L. 88–363, § 11, July 7, 1964, 78 Stat. 301.)
§ 1111. Exemption from taxation
The Commission shall not be subject to Fed-
eral, State, or municipal taxation in the United
States on any real or personal property held by
it or on any gift, bequest, or devise to it of any
personal or real property, or on its income,
whether from governmental appropriations, ad-
mission fees, concessions, or donations.
(Pub. L. 88–363, § 12, July 7, 1964, 78 Stat. 301.)
§ 1112. Tax treatment of any gift, devise or be-
quest to the Commission
For the purpose of Federal income, estate, and
gift taxes, any gift, devise, or bequest to or for
the use of the Commission, and accepted by the
Commission under authority of this chapter,
shall be deemed to be a gift, devise, or bequest
to or for the use of the United States, as the
case may be, if it is not deducted as a gift, de-
vise, or bequest to or for the use of the Govern-
ment of Canada under the income, estate, or gift
tax laws of the Government of Canada.
(Pub. L. 88–363, § 13, July 7, 1964, 78 Stat. 301.)
§ 1113. Authorization of appropriations
T
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1131
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Federal law — U.S. Code and appendices · legal_authorities
Page 589
TITLE 43—PUBLIC LANDS
§ 1784
the use of such lands as a site for installation
and field testing of an experimental wind tur-
bine generating system. Any permit issued pur-
suant to this subsection shall contain such
terms and conditions as the Secretary deter-
mines necessary to protect the values of such
lands for purposes of this section.
(f) Reclamation and restoration of lands affected
by quarrying operations
The Secretary shall develop and administer, in
addition to any requirements imposed pursuant
to subsection (b)(3), a program for the reclama-
tion and restoration of all lands affected by
quarrying operations in the area acquired pursu-
ant to subsection (d). All revenues received by
the United States in connection with quarrying
operations authorized by subsection (b)(3) shall
be deposited in a separate fund account which
shall be established by the Secretary of the
Treasury. Such revenues are hereby authorized
to be appropriated to the Secretary as needed
for reclamation and restoration of any lands ac-
quired pursuant to subsection (d). After comple-
tion of such reclamation and restoration to the
satisfaction of the Secretary, any unexpended
revenues in such fund shall be returned to the
general fund of the United States Treasury.
(g) Authorization of appropriations
There are hereby authorized to be appro-
priated in addition to that authorized by sub-
section (f), such sums as may be necessary to
carry out the provisions of this section.
(Pub. L. 96–199, title I, § 119, Mar. 5, 1980, 94 Stat.
71.)
Editorial Notes
REFERENCES IN TEXT
The Materials Act of July 31, 1947, as amended (30
U.S.C. 601, 602), referred to in subsecs. (c) and (d), is act
July 31, 1947, ch. 406, 61 Stat. 681, which is classified
generally to subcha
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1784
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