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, referred to in subsec. (d)(1), is Pub. L. 85–271, Sept. 2, 1957, 71 Stat. 596, which is not classified to the Code. AMENDMENTS 1977—Subsec. (b). Pub. L. 95–178 struck out provisions relating to allocations received by the Regional Cor- poration for the southeastern Alaska region under sec- tion 1613(h)(8) of this title and selection and convey- ance of such allocated lands. 1976—Subsec. (a). Pub. L. 94–456, § 1(a), struck out ‘‘Klukwan, Southeast.’’ from list of villages. Subsec. (b). Pub. L. 94–204, § 10, inserted provisions re- lating to the selection and conveyance of such alloca- tion as the Regional Corporation for the southeastern Alaska region shall receive. Subsec. (d). Pub. L. 94–456, § 1(b), designated existing provisions as par. (1), substituting provision relating to authorization and direction of Secretary to withdraw lands in order that the Village Corporation may select twenty-three thousand and forty acres for provision that the lands enclosing and surrounding the village which were withdrawn by subsec. (a) are rewithdrawn to the same extent and for the same purposes as pro- vided by said subsec. (a) for one year from January 2, 1976, during which the Village Corporation shall select an area equal to twenty-three thousand and forty acres in accordance with subsec. (b) and inserting proviso against withdrawal of such lands from an area pre- viously withdrawn as a forest reserve without prior consultation with the Secretary of Agriculture, and added par. (2). Pub. L. 94–204, § 9, added subsec. (d). § 1616. Joint Federal-State Land Use Planning Commission for Alaska (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 Vil- lage Corporations and the Regional Corpora- tions and at periodic points along the courses of major waterways which are reasonably nec- essary to guarantee international treaty obliga- tions, a full right of public use and access for recreation, hunting, transportation, utilities, docks, and such other public uses as the Plan- ning Commission determines to be important. (2) In identifying public easements the Plan- ning Commission shall consult with appropriate State and Federal agencies, shall review pro- posed 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 pro- vided 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 deter- mines 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 author- ity, 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; clas- sification and reclassification of lands; open- ing lands to appropriation; administration; contracting and other authority of Secretary not impaired by withdrawal (1) Public Land Order Numbered 4582, 34 Fed- eral Register 1025, as amended, is hereby re- voked. For a period of ninety days after Decem- ber 18, 1971, all unreserved public lands in Alas- ka are hereby withdrawn from all forms of ap- propriation under the public land laws, includ- ing the mining (except locations for metallif- erous 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 exist- ing 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 reclas- sify any lands so withdrawn and to open such lands to appropriation under the public land laws in accord with his classifications. With- drawals pursuant to this paragraph shall not af- fect 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. (2)(A) The Secretary, acting under authority provided for in existing law, is directed to with- draw from all forms of appropriation under the public land laws, including the mining and min- eral leasing laws, and from selection under the Page 470 TITLE 43—PUBLIC LANDS § 1617 Alaska Statehood Act, and from selection by Regional Corporations pursuant to section 1610 of this title, 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 Na- tional 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. (B) Lands withdrawn pursuant to paragraph (A) hereof must be withdrawn within nine months of December 18, 1971. All unreserved pub- lic 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 ad- vise 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, For- est, 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 Re- gional Corporations, and for appropriations under the public land laws. (D) Areas recommended by the Secretary pur- suant 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 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 Vil- lage Corporations pursuant to section 1611 of this title shall not be affected by such with- drawals 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 Re- gional Corporations and the State. Any time pe- riods established by law for Regional Corpora- tions 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 Sec- retary under applicable laws and regulations, and his authority to make contracts and to grant leases, permits, rights-of-way, or ease- ments shall not be impaired by the withdrawal. (Pub. L. 92–203, § 17, Dec. 18, 1971, 85 Stat. 706; Pub. L. 94–204, § 7, Jan. 2, 1976, 89 Stat. 1149.) Editorial Notes REFERENCES IN TEXT Alaska Statehood Act, referred to in subsec. (d)(2)(A), (E), is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Terri- tories and Insular Possessions. For complete classifica- tion of this Act to the Code, see Tables. CODIFICATION Subsec. (a) of this section, which related to the estab- lishment, membership, compensation, procedures, du- ties, and powers of the Joint Federal-State Land Use Planning Commission for Alaska, was omitted pursu- ant to former subsec. (a)(10) of this section, which pro- vided that the Commission was to cease to exist effec- tive June 30, 1979. AMENDMENTS 1976—Subsec. (a)(10). Pub. L. 94–204 amended par. (10) generally. Prior to amendment, par. (10) read as fol- lows: ‘‘On or before May 30, 1976, the Planning Commis- sion shall submit its final report to the President of the United States, the Congress, and the Governor and Leg- islature of the State with respect to its planning and other activities under this chapter, together with its recommendations for programs or other actions which it determines should be taken or carried out by the United States and the State. The Commission shall cease to exist effective December 31, 1976.’’ § 1617. Revocation of Indian allotment authority in Alaska (a) Revocation of authority No Native covered by the provisions of this chapter, and no descendant of his, may hereafter avail himself of an allotment under the provi- sions of the Act of February 8, 1887 (24 Stat. 389), as amended and supplemented, or the Act of June 25, 1910 (36 Stat. 363). Further, the Act of May 17, 1906 (34 Stat. 197), as amended, is re- pealed. Notwithstanding the foregoing provi- sions of this section, any application for an al- lotment that is pending before the Department of the Interior on December 18, 1971, may, at the option of the Native applicant, be approved and a patent issued in accordance with said 1887, 1910, or 1906 Act, as the case may be, in which event the Native shall not be eligible for a pat- ent under section 1613(h)(5) of this title. (b) Charging allotment against statutory grant Any allotments approved pursuant to this sec- tion during the four years following December 18, 1971, shall be charged against the two million acre grant provided for in section 1613(h) of this title. (c) Relocation of allotment (1)(A) Notwithstanding any other provision of law, an allotment applicant, who had a valid ap- plication pending before the Department of the Interior on December 18, 1971, and whose appli- cation remains pending as of October 14, 1992, may amend the land description in the applica- tion of the applicant (with the advice and ap- proval of the responsible officer of the Bureau of Indian Affairs) to describe land other than the