43 U.S.C. § 1617 — Revocation of Indian allotment authority

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authority of the State and the Regional and Village Corporations to make selections and obtain patents within the areas withdrawn pursuant to section 1610 of this title. (B) Lands withdrawn pursuant to paragraph (A) hereof must be withdrawn within nine months of December 18, 1971. All unreserved pub- lic lands not withdrawn under paragraph (A) or subsection (d)(1) shall be available for selection by the State and for appropriation under the public land laws.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two years from December 18, 1971, the Secretary shall ad- vise the Congress of the location, size and values of lands withdrawn pursuant to paragraph (A) and submit his recommendations with respect to such lands. Any lands withdrawn pursuant to paragraph (A) not recommended for addition to or creation as units of the National Park, For- est, Wildlife Refuge, and Wild and Scenic Rivers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 (D) Areas recommended by the Secretary pur- suant to paragraph (C) shall remain withdrawn from any appropriation under the public land laws until such time as the Congress acts on the Secretary’s recommendations, but not to exceed five years from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Statehood Act and by the Regional Corporations pursuant to section 1611 of this title may be made within any area withdrawn pursuant to this subsection (d), but such lands shall not be tentatively approved or patented so long as the withdrawals of such areas remain in effect: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 Page 471 TITLE 43—PUBLIC LANDS § 1617 land that the applicant originally intended to claim if— (i) the application pending before the De- partment, either describes land selected by, tentatively approved to, or patented to the State of Alaska or otherwise conflicts with an interest in land granted to the State of Alaska by the United States prior to the filing of the allotment application; (ii) the amended land description describes land selected by, tentatively approved to, or patented to the State of Alaska of approxi- mately equal acreage in substitution for the land described in the original application; and (iii) the Commissioner of the Department of Natural Resources for the State of Alaska, acting under the authority of State law, has agreed to reconvey or relinquish to the United States the land, or interest in land, described in the amended application. (B) If an application pending before the De- partment of the Interior as described in subpara- graph (A) describes land selected by, but not tentatively approved to or patented to, the State of Alaska, the concurrence of the Sec- retary of the Interior shall be required in order for an application to proceed under this section. (2)(A) The Secretary shall accept reconvey- ance or relinquishment from the State of Alaska of the land described in an amended application pursuant to paragraph (1)(A), except where the land described in the amended application is State-owned land within the boundaries of a conservation system unit as defined in the Alas- ka National Interest Lands Conservation Act. Upon acceptance, the Secretary shall issue a Na- tive Allotment certificate to the applicant for the land reconveyed or relinquished by the State of Alaska to the United States. (B) The Secretary shall adjust the computa- tion of the acreage charged against the land en- titlement of the State of Alaska to ensure that this subsection will not cause the State to re- ceive either more or less than its full land enti- tlement under section 6 of the Act entitled ‘‘An Act to provide for the admission of the State of Alaska into the Union’’, approved July 7, 1958 (commonly referred to as the ‘‘Alaska Statehood Act’’), and section 906 of the Alaska National In- terest Lands Conservation Act (43 U.S.C. 1635). If the State retains any part of the fee estate, the State shall remain charged with the acreage. (d) Correction of conveyance documents (1) If an allotment application is valid or would have been approved under section 1634 of this title had the land described in the applica- tion been in Federal ownership on December 2, 1980, the Secretary may correct a conveyance to a Native Corporation or to the State that in- cludes land described in the allotment applica- tion to exclude the described allotment land with the written concurrence of the Native Cor- poration or the State. (2) A written concurrence shall— (A) include a finding that the land descrip- tion proposed by the Secretary is acceptable; and (B) attest that the Native Corporation or the State has not— (i) granted any third party rights or taken any other action that would affect the abil- ity of the United States to convey full title under the Act of May 17, 1906 (34 Stat. 197, chapter 2469); and (ii) stored or allowed the deposit of haz- ardous waste on the land. (3) On receipt of an acceptable written concur- rence, the Secretary, shall— (A) issue a corrected conveyance document to the State or Native Corporation, as appro- priate; and (B) issue a certificate of allotment to the al- lotment applicant. (4) No documents of reconveyance from the State or an Alaska Native Corporation or evi- dence of title, other than the written concur- rence and attestation described in paragraph (2), are necessary to use the procedures authorized by this subsection. (e) Native allotment revisions on land selected by or conveyed to a Native Corporation (1) An allotment applicant who had an applica- tion pending before the Department of the Inte- rior on December 18, 1971, and whose application is still open on the records of the Department of the Interior as of December 10, 2004, may revise the land description in the application to de- scribe land other than the land that the appli- cant originally intended to claim if— (A) the application— (i) describes land selected by or conveyed by interim conveyance or patent to a Native Corporation formed to receive benefits under this chapter; or (ii) otherwise conflicts with an interest in land granted to a Native Corporation by the United States; (B) the revised land description describes land selected by or conveyed by interim con- veyance or patent to a Native Corporation of approximately equal acreage in substitution for the land described in the original applica- tion; (C) the Director of the Bureau of Land Man- agement has not adopted a final plan of survey for the final entitlement of the Native Cor- poration or its successor in interest; and (D) the Native Corporation that selected the land or its successor in interest provides a cor- porate resolution authorizing reconveyance or relinquishment to the United States of the land, or interest in land, described in the re- vised application. (2) The land description in an allotment appli- cation may not be revised under this section un- less the Secretary has determined— (A) that the allotment application is valid or would have been approved under section 1634 of this title had the land in the allotment appli- cation been in Federal ownership on December 2, 1980; (B) in consultation with the administering agency, that the proposed revision would not create an isolated inholding within a con- servation system unit (as defined in section 3102 of title 16); and (C) that the proposed revision will facilitate completion of a land transfer in the State. (3)(A) On obtaining title evidence acceptable under Department of Justice title standards and Page 472 TITLE 43—PUBLIC LANDS § 1617 acceptance of a reconveyance or relinquishment from a Native Corporation under paragraph (1), the Secretary shall issue a Native allotment cer- tificate to the applicant for the land reconveyed or relinquished by the Native Corporation. (B) Any allotment revised under this section shall, when allotted, be made subject to any easement, trail, right-of-way, or any third-party interest (other than a fee interest) in existence on the revised allotment land on the date of re- vision. (f) Reinstatements and reconstructions (1) If an applicant for a Native allotment filed under the Act of May 17, 1906 (34 Stat. 197, chap- ter 2469) petitions the Secretary to reinstate a previously closed Native allotment application or to accept a reconstructed copy of an applica- tion claimed to have been timely filed with an agency of the Department of the Interior, the United States— (A) may seek voluntary reconveyance of any land described in the application that is rein- stated or reconstructed after December 10, 2004; but (B) shall not file an action in any court to recover title from a current landowner. (2) A certificate of allotment that is issued for any allotment application for which a request for reinstatement or reconstruction is received or accepted after December 10, 2004 shall be made subject to any Federal appropriation, trail, right-of-way, easement, or existing third party interest of record, including third party interests created by the State, without regard to the date on which the Native allotment appli- cant initiated use and occupancy. (Pub. L. 92–203, § 18, Dec. 18, 1971, 85 Stat. 710; Pub. L. 102–415, § 3, Oct. 14, 1992, 106 Stat. 2112; Pub. L. 108–452, title III, §§ 301, 303, 305, Dec. 10, 2004, 118 Stat. 3587, 3588, 3590.) Editorial Notes REFERENCES IN TEXT Act of February 8, 1887 (24 Stat. 389), referred to in subsec. (a), is popularly known as the Indian General Allotment Act. For complete classification of this Act to the Code, see Short Title note set out under section 331 of Title 25, Indians, and Tables. Act of June 25, 1910 (36 Stat. 363), referred to in sub- sec. (a), probably means act June 25, 1910, ch. 431, 36 Stat. 855, which enacted section 148 of this title, sec- tions 104 and 107 of former Title 18, Criminal Code and Criminal Procedure, sections 47, 93, 151, 191, 202, 312, 331, 333, 336, 337, 344a, 351, 352, 353, 372, 373, 403, 406, 407, 408 of Title 25, section 6a–1 of former Title 41, Public Con- tracts. Sections 104 and 107 of former Title 18 were re- pealed in the general revision of that title by act June 25, 1948, ch. 645, 62 Stat. 683, and were reenacted as sec- tions 1853 and 1856 of Title 18, Crimes and Criminal Pro- cedure. Section 6a–1 of former Title 41 was repealed and restated as section 6102(e) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Tables. Act of May 17, 1906 (34 Stat. 197), as amended, referred to in subsecs. (a), (d)(2)(B)(i), and (f)(1), is act May 17, 1906, ch. 2469, 34 Stat. 197, which enacted sections 270–1, 270–2, and 270–3 of this title, and was repealed by Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. 710. For complete classification of this Act to the Code, see Tables. The Alaska National Interest Lands Conservation Act, referred to in subsec. (c)(2)(A), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables. Section 6 of the Act entitled ‘‘An Act to provide for the admission of the State of Alaska into the Union’’, approved July 7, 1958 (commonly referred to as the ‘‘Alaska Statehood Act’’), referred to in subsec. (c)(2)(B), is section 6 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a note pre- ceding section 21 of Title 48, Territories and Insular Possessions. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–452, § 301, added subsec. (d). Subsec. (e). Pub. L. 108–452, § 303, added subsec. (e). Subsec. (f). Pub. L. 108–452, § 305, added subsec. (f). 1992—Subsec. (c). Pub. L. 102–415 added subsec. (c). Statutory Notes and Related Subsidiaries TITLE RECOVERY OF NATIVE ALLOTMENTS Pub. L. 108–452, title III, § 302, Dec. 10, 2004, 118 Stat. 3588, provided that: ‘‘(a) IN GENERAL.—In lieu of the process for the cor- rection of conveyance documents available under sub- section (d) of section 18 of the Alaska Native Claims Settlement Act (as added by section 301) [43 U.S.C. 1617(d)], any Native Corporation may elect to reconvey all of the land encompassed by an allotment claim or a portion of the allotment claim agreeable to the appli- cant in satisfaction of the entire claim by tendering a valid and appropriate deed to the United States. ‘‘(b) CERTIFICATE OF ALLOTMENT.—If the United States determines that the allotment application is valid or would have been approved under section 905 of the Alaska National Interests Lands Conservation Act (42 U.S.C. 1634) had the land described in the allotment application been in Federal ownership on December 2, 1980, and obtains title evidence acceptable under the Department of Justice title standards, the United States shall accept the deed from the Native Corpora- tion and issue a certificate of allotment to the allot- ment applicant. ‘‘(c) PROBATE NOT REQUIRED.—If the Native Corpora- tion reconveys the entire interest of the Native Cor- poration in the allotment claim of a deceased appli- cant, the United States may accept the deed and issue the certificate of allotment without waiting for a de- termination of heirs or the approval of a will. ‘‘(d) NO LIABILITY.—The United States shall not be subject to liability under Federal or State [of Alaska] law for the presence of any hazardous substance in land or an interest in land solely as a result of any re- conveyance to, and transfer by, the United States of land or interests in land under this section.’’ COMPENSATORY ACREAGE Pub. L. 108–452, title III, § 304, Dec. 10, 2004, 118 Stat. 3589, provided that: ‘‘(a) IN GENERAL.—The Secretary [of the Interior] shall adjust the acreage entitlement computation records for the State [of Alaska] or an affected Native Corporation to account for any difference in the amount of acreage between the corrected description and the previous description in any conveyance docu- ment as a result of actions taken under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) [43 U.S.C. 1617(d)] or section 18(e) of the Alaska Native Claims Settlement Act (as added by sec- tion 303), or for other voluntary reconveyances to the United States for the purpose of facilitating land trans- fers in the State. ‘‘(b) LIMITATION.—No adjustment to the acreage con- veyance computations shall be made where the State or an affected Native Corporation retains a partial estate in the described allotment land. ‘‘(c) AVAILABILITY OF ADDITIONAL LAND.—If, as a re- sult of implementation under section 18(d) of the Alas- Page 473 TITLE 43—PUBLIC LANDS § 1618 ka Native Claims Settlement Act (as added by section 301) [43 U.S.C. 1617(d)] or any voluntary reconveyance to facilitate a land transfer, a Village Corporation has insufficient remaining selections from which to receive its full entitlement under the Alaska Native Claims Settlement Act, the Secretary may use the authority and procedures available under paragraph (3) of section 22(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j)) (as added by section 208) to make addi- tional land available for selection by the Village Cor- poration.’’ ALASKA NATIVE ALLOTMENT SUBDIVISION Pub. L. 108–337, Oct. 18, 2004, 118 Stat. 1357, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Alaska Native Allot- ment Subdivision Act’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) RESTRICTED LAND.—The term ‘restricted land’ means land in the State that is subject to Federal re- strictions against alienation and taxation. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(3) STATE.—The term ‘State’ means the State of Alaska. ‘‘SEC. 3. SUBDIVISION AND DEDICATION OF ALAS- KA NATIVE RESTRICTED LAND. ‘‘(a) IN GENERAL.—An Alaska Native owner of re- stricted land may, subject to the approval of the Sec- retary— ‘‘(1) subdivide the restricted land in accordance with the laws of the— ‘‘(A) State; or ‘‘(B) applicable local platting authority; and ‘‘(2) execute a certificate of ownership and dedica- tion with respect to the restricted land subdivided under paragraph (1) with the same effect under State law as if the restricted land subdivided and dedicated were held by unrestricted fee simple title. ‘‘(b) RATIFICATION OF PRIOR SUBDIVISIONS AND DEDICA- TIONS.—Any subdivision or dedication of restricted land executed before the date of enactment of this Act [Oct. 18, 2004] that has been approved by the Secretary and by the relevant State or local platting authority, as ap- propriate, shall be considered to be ratified and con- firmed by Congress as of the date on which the Sec- retary approved the subdivision or dedication. ‘‘SEC. 4. EFFECT ON STATUS OF LAND NOT DEDI- CATED. ‘‘Except in a case in which a specific interest in re- stricted land is dedicated under section 3(a)(2), nothing in this Act terminates, diminishes, or otherwise affects the continued existence and applicability of Federal re- strictions against alienation and taxation on restricted land or interests in restricted land (including restricted land subdivided under section 3(a)(1)).’’ § 1618. Revocation of reserved rights; excepted reserve; acquisition of title to surface and subsurface estates in reserve; election of Vil- lage Corporations; restoration of land to Elim Native Corporation (a) Revocation of reserved rights; excepted re- serve Notwithstanding any other provision of law, and except where inconsistent with the provi- sions of this chapter, the various reserves set aside by legislation or by Executive or Secre- tarial Order for Native use or for administration of Native affairs, including those created under the Act of May 31, 1938 (52 Stat. 593), are hereby revoked subject to any valid existing rights of non-Natives. This section shall not apply to the Annette Island Reserve established by the Act of March 3, 1891 (26 Stat. 1101) and no person en- rolled in the Metlakatla Indian community of the Annette Island Reserve shall be eligible for benefits under this chapter. (b) Acquisition of title to surface and subsurface estates in reserve; election of Village Cor- porations Notwithstanding any other provision of law or of this chapter, any Village Corporation or Cor- porations may elect within two years to acquire title to the surface and subsurface estates in any reserve set aside for the use or benefit of its stockholders or members prior to December 18, 1971. If two or more villages are located on such reserve, the election must be made by all of the members or stockholders of the Village Corpora- tions concerned. In such event, the Secretary shall convey the land to the Village Corporation or Corporations, subject to valid existing rights as provided in section 1613(g) of this title, and the Village Corporation shall not be eligible for any other land selections under this chapter or to any distribution of Regional Corporations funds pursuant to section 1606 of this title, and the enrolled residents of the Village Corporation shall not be eligible to receive Regional Cor- poration stock. (c) Restoration of land to Elim Native Corpora- tion (1) Findings The Congress finds that— (A) approximately 350,000 acres of land were withdrawn by Executive orders in 1917 for the use of the United States Bureau of Education and of the Natives of Indigenous Alaskan race; (B) these lands comprised the Norton Bay Reservation (later referred to as Norton Bay Native Reserve) and were set aside for the benefit of the Native inhabitants of the Es- kimo Village of Elim, Alaska; (C) in 1929, 50,000 acres of land were deleted from the Norton Bay Reservation by Execu- tive order; (D) the lands were deleted from the Res- ervation for the benefit of others; (E) the deleted lands were not available to the Native inhabitants of Elim under sub- section (b) of this section at the time of pas- sage of this chapter; (F) the deletion of these lands has been and continues to be a source of deep concern to the indigenous people of Elim; and (G) until this matter is dealt with, it will continue to be a source of great frustration and sense of loss among the shareholders of the Elim Native Corporation and their de- scendants. (2) Withdrawal The lands depicted and designated ‘‘With- drawal Area’’ on the map dated October 19, 1999, along with their legal descriptions, on file with the Bureau of Land Management, and entitled ‘‘Land Withdrawal Elim Native Cor- poration’’, are hereby withdrawn, subject to valid existing rights, from all forms of appro- priation or disposition under the public land