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 Corporation a patent to the surface estate in the lands selected pursu- ant to section 1611(b) of this title. (b) Native villages listed in section 1615 and qualified for land benefits; patents for sur- face estates; issuance; acreage Immediately after selection by any Village Corporation for a Native village listed in section 1615 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 to 23,040 acres. The lands patented shall be the lands within the township or townships that enclose the Native village, and any additional lands se- lected by the Village Corporation from the sur- rounding townships withdrawn for the Native village by section 1615(a) of this title. (c) Patent requirements; order of conveyance; vesting date; advisory and appellate func- tions of Regional Corporations on sales, leases, or other transactions prior to final commitment Each patent issued pursuant to subsections (a) and (b) shall be subject to the requirements of this subsection. Upon receipt of a patent or pat- ents: (1) the Village Corporation shall first convey to any Native or non-Native occupant, without consideration, title to the surface estate in the tract occupied as of December 18, 1971 (ex- cept that occupancy of tracts located in the Pribilof Islands shall be determined as of the date of initial conveyance of such tracts to the appropriate Village Corporation) as a primary place of residence, or as a primary place of business, or as a subsistence campsite, or as headquarters for reindeer husbandry; (2) the Village Corporation shall then convey to the occupant, either without consideration or upon payment of an amount not in excess of fair market value, determined as of the date of initial occupancy and without regard to any improvements thereon, title to the surface es- tate in any tract occupied as of December 18, 1971 by a nonprofit organization; (3) the Village Corporation shall then convey to any Municipal Corporation in the Native village or to the State in trust for any Munic- ipal Corporation established in the Native vil- lage in the future, title to the remaining sur- face estate of the improved land on which the Native village is located and as much addi- tional land as is necessary for community ex- pansion, and appropriate rights-of-way for public use, and other foreseeable community needs: Provided, That the amount of lands to be transferred to the Municipal Corporation or in trust shall be no less than 1,280 acres unless the Village Corporation and the Municipal Corporation or the State in trust can agree in writing on an amount which is less than one thousand two hundred and eighty acres: Pro- vided further, That any net revenues derived from the sale of surface resources harvested or extracted from lands reconveyed pursuant to this subsection shall be paid to the Village Corporation by the Municipal Corporation or the State in trust: Provided, however, That the word ‘‘sale’’, as used in the preceding sentence, shall not include the utilization of surface re- sources for governmental purposes by the Mu- nicipal Corporation or the State in trust, nor shall it include the issuance of free use per- mits or other authorization for such purposes; (4) the Village Corporation shall convey to the Federal Government, State, or to the ap- propriate Municipal Corporation, title to the surface estate for airport sites, airway bea- cons, and other navigation aids as such existed on December 18, 1971, together with such addi- tional acreage and/or easements as are nec- essary to provide related governmental serv- ices and to insure safe approaches to airport runways as such airport sites, runways, and other facilities existed as of December 18, 1971; and (5) for a period of ten years after December 18, 1971, the Regional Corporation shall be af- forded the opportunity to review and render advice to the Village Corporations on all land sales, leases or other transactions prior to any final commitment. There is authorized to be appropriated such sums as may be necessary for the purpose of pro- viding technical assistance to Village Corpora- tions established pursuant to this chapter in order that they may fulfill the reconveyance re- quirements of this subsection. The Secretary may make funds available as grants to ANCSA or nonprofit corporations that maintain in- Page 463 TITLE 43—PUBLIC LANDS § 1613 house land planning and management capabili- ties. (d) Rule of approximation with respect to acre- age limitations (1) The Secretary may apply the rule of ap- proximation with respect to the acreage limita- tions contained in this section. (2) For purposes of applying the rule of ap- proximation under this section, the largest legal subdivision that may be conveyed in excess of the applicable acreage limitation specified in subsection (a) shall be— (A) in the case of land managed by the Bu- reau of Land Management that is not within a conservation system unit, the next whole sec- tion; (B) in the case of land managed by an agency other than the Bureau of Land Management that is not within a conservation system unit, the next quarter-section and only with concur- rence of the agency; or (C) in the case of land within a conservation system unit, a quarter of a quarter section, and if the land is managed by an agency other than the Bureau of Land Management, only with the concurrence of that agency. (3)(A) If the Secretary determines pursuant to paragraph (2) that an entitlement of a Village Corporation (other than a Village Corporation listed in section 1615(a) of this title) or a Re- gional Corporation may be fulfilled by con- veying a specific tract of surveyed or unsurveyed land, the Secretary and the affected Village or Regional Corporation may enter into an agreement providing that all land entitle- ments under this chapter shall be deemed satis- fied by conveyance of the specifically identified and agreed upon tract of land. (B) An agreement entered into under subpara- graph (A) shall be— (i) in writing; (ii) executed by the Secretary and the Vil- lage or Regional Corporation; and (iii) authorized by a corporate resolution adopted by the affected Village or Regional Corporation. (C) After execution of an agreement under sub- paragraph (A) and conveyance of the agreed upon tract to the affected Village or Regional Corporation— (i) the Secretary shall not make any further adjustments to calculations relating to acre- age entitlements of the Village or Regional Corporation; and (ii) the Village or Regional Corporation shall not be entitled to any further conveyances under this chapter. (D) A Village or Regional Corporation shall not be eligible to receive land under subpara- graph (A) if the Village or Regional Corporation has received the full land entitlement of the Vil- lage or Regional Corporation through— (i) an actual conveyance of land; or (ii) a previous agreement. (E) If the calculations of the Secretary indi- cate that the final survey boundaries for any Village or Regional Corporation entitlement for which an agreement has not been entered into under this paragraph include acreage in a quan- tity that exceeds the statutory entitlement of the corporation by 1⁄10 of 1 percent or less, but not more than the applicable acreage limitation specified in paragraph (2)— (i) the entitlement shall be considered satis- fied by the conveyance of the surveyed area; and (ii) the Secretary shall not change the sur- vey for the sole purpose of an acreage adjust- ment. (F) This paragraph does not limit or otherwise affect the ability of a Village or Regional Cor- poration to enter into land exchanges with the United States. (e) Surface and/or subsurface estates to Regional Corporations Immediately after selection by a Regional Corporation, the Secretary shall convey to the Regional Corporation title to the surface and/or the subsurface estates, as is appropriate, in the lands selected. (f) Patents to Village Corporations for surface es- tates and to Regional Corporations for sub- surface estates; excepted lands; mineral rights, consent of Village Corporations When the Secretary issues a patent to a Vil- lage Corporation for the surface estate in lands pursuant to subsections (a) and (b), he shall issue to the Regional Corporation for the region in which the lands are located a patent to the subsurface estate in such lands, except lands lo- cated in the National Wildlife Refuge System and lands withdrawn or reserved for national de- fense purposes, including Naval Petroleum Re- serve Numbered 4, for which in lieu rights are provided for in section 1611(a)(1) of this title: Provided, That the right to explore, develop, or remove minerals from the subsurface estate in the lands within the boundaries of any Native village shall be subject to the consent of the Vil- lage Corporation. (g) Valid existing rights preserved; saving provi- sions in patents; patentee rights; administra- tion; proportionate rights of patentee All conveyances made pursuant to this chap- ter shall be subject to valid existing rights. Where, prior to patent of any land or minerals under this chapter, a lease, contract, permit, right-of-way, or easement (including a lease issued under section 6(g) of the Alaska State- hood Act) has been issued for the surface or min- erals covered under such patent, the patent shall contain provisions making it subject to the lease, contract, permit, right-of-way, or ease- ment, and the right of the lessee, contractee, permittee, or grantee to the complete enjoy- ment of all rights, privileges, and benefits there- by granted to him. Upon issuance of the patent, the patentee shall succeed and become entitled to any and all interests of the State or the United States as lessor, contractor, permitter, or grantor, in any such leases, contracts, per- mits, rights-of-way, or easements covering the estate patented, and a lease issued under section 6(g) of the Alaska Statehood Act shall be treat- ed for all purposes as though the patent had been issued to the State. The administration of such lease, contract, permit, right-of-way, or easement shall continue to be by the State or Page 464 TITLE 43—PUBLIC LANDS § 1613 1 So in original. Probably should be ‘‘as’’. 2 See References in Text note below. the United States, unless the agency responsible for administration waives administration. In the event that the patent does not cover all of the land embraced within any such lease, contract, permit, right-of-way, or easement, the patentee shall only be entitled to the proportionate amount of the revenues reserved under such lease, contract, permit, right-of-way, or ease- ment by the State or the United States which results from multiplying the total of such reve- nues by a fraction in which the numerator is the acreage of such lease, contract, permit, right-of- way, or easement which is included in the pat- ent and the denominator is the total acreage contained in such lease, contract, permit, right- of-way, or easement. (h) Authorization for land conveyances; surface and subsurface estates The Secretary is authorized to withdraw and convey 2 million acres of unreserved and unap- propriated public lands located outside the areas withdrawn by sections 1610 and 1615 of this title, and 1 follows: (1)(A) The Secretary may withdraw and con- vey to the appropriate Regional Corporation fee title to existing cemetery sites and histor- ical places. (B) Only title to the surface estate shall be conveyed for lands located in a Wildlife Ref- uge, when the cemetery or historical site is greater than 640 acres. (C)(i) Notwithstanding acreage allocations made before December 10, 2004, the Secretary may convey any cemetery site or historical place— (I) with respect to which there is an appli- cation on record with the Secretary on De- cember 10, 2004; and (II) that is eligible for conveyance. (ii) Clause (i) shall also apply to any of the 188 closed applications that are determined to be eligible and reinstated under Secretarial Order No. 3220 dated January 5, 2001. (D) No applications submitted for the con- veyance of land under subparagraph (A) that were closed before December 10, 2004, may be reinstated other than those specified in sub- paragraph (C)(ii). (E) After December 10, 2004— (i) no application may be filed for the con- veyance of land under subparagraph (A); and (ii) no pending application may be amend- ed, except as necessary to conform the appli- cation to the description in the certification of eligibility of the Bureau of Indian Affairs. (F) Unless, not later than 1 year after De- cember 10, 2004, a Regional Corporation that has filed an application for a historic place submits to the Secretary a statement on the significance of and the location of the historic place— (i) the application shall not be valid; and (ii) the Secretary shall reject the applica- tion. (G) The State and the head of the Federal agency with administrative jurisdiction over the land shall have 30 days to provide written comments to the Secretary— (i) identifying any third party interest to which a conveyance under subparagraph (A) should be made subject; and (ii) describing any easements rec- ommended for reservation. (2) The Secretary may withdraw and convey to a Native group that does not qualify as a Native village, if it incorporates under the laws of Alaska, title to the surface estate in not more than 23,040 acres surrounding the Na- tive group’s locality. The subsurface estate in such land shall be conveyed to the appropriate Regional Corporation unless the lands are lo- cated in a Wildlife Refuge; (3) The Secretary may withdraw and convey to the Natives residing in Sitka, Kenai, Ju- neau, and Kodiak, if they incorporate under the laws of Alaska, the surface estate of lands of a similar character in not more than 23,040 acres of land, which shall be located in reason- able proximity to the municipalities. The sub- surface estate in such lands shall be conveyed to the appropriate Regional Corporation un- less the lands are located in a Wildlife Refuge; (4) The Secretary shall withdraw only such lands surrounding the villages and municipali- ties as are necessary to permit the conveyance authorized by paragraphs (2) and (3) to be planned and effected; (5) The Secretary may convey to a Native, upon application within two years from De- cember 18, 1971, the surface estate in not to ex- ceed 160 acres of land occupied by the Native as a primary place of residence on August 31, 1971. Determination of occupancy shall be made by the Secretary, whose decision shall be final. The subsurface estate in such lands shall be conveyed to the appropriate Regional Corporations unless the lands are located on a Wildlife Refuge; (6) The Secretary shall charge against the 2 million acres authorized to be conveyed by this section all allotments approved pursuant to section 1617 of this title during the four years following December 18, 1971. Any min- erals reserved by the United States pursuant to the Act of March 8, 1922 (42 Stat. 415), as amended [43 U.S.C. 270–11 to 270–13],2 in a Na- tive Allotment approved pursuant to section 1617 of this title during the period December 18, 1971, through December 18, 1975, shall be conveyed to the appropriate Regional Corpora- tion, unless such lands are located in a Wild- life Refuge or in the Lake Clark areas as pro- vided in section 12 of the Act of January 2, 1976 (Public Law 94–204), as amended. (7) The Secretary may withdraw and convey lands out of the National Wildlife Refuge Sys- tem and out of the National Forests, for the purposes set forth in paragraphs (1), (2), (3), and (5) of this subsection; and (8)(A) Any portion of the 2 million acres not conveyed by this subsection shall be allocated and conveyed to the Regional Corporations on the basis of population. (B) Such allocation as the Regional Corpora- tion for southeastern Alaska shall receive under this paragraph shall be selected and Page 465 TITLE 43—PUBLIC LANDS § 1613 conveyed from lands that were withdrawn by sections 1615(a) and 1615(d) of this title and not selected by the Village Corporations in south- eastern Alaska; except lands on Admiralty Is- land in the Angoon withdrawal area and, with- out the consent of the Governor of the State of Alaska or his delegate, lands in the Saxman and Yakutat withdrawal areas are not avail- able for selection or conveyance under this paragraph. (C)(i) Notwithstanding any other provision of this subsection, as soon as practicable after December 10, 2004, the Secretary shall allocate to a Regional Corporation eligible for an allo- cation under subparagraph (A) the Regional Corporation’s share of 200,000 acres from lands withdrawn under this subsection, to be cred- ited against acreage to be allocated to the Re- gional Corporation under subparagraph (A). (ii) Clause (i) shall apply to Chugach Alaska Corporation pursuant to the terms of the 1982 CNI Settlement Agreement. (iii) With respect to Cook Inlet Region, Inc., or Koniag, Inc.— (I) clause (i) shall not apply; and (II) the portion of the 200,000 acres allo- cated to Cook Inlet Region Inc. or Koniag, Inc., shall be retained by the United States. (iv) This subparagraph shall not affect any prior agreement entered into by a Regional Corporation other than the agreements spe- cifically referred to in this subparagraph. (9) Where the Regional Corporation is pre- cluded from receiving the subsurface estate in lands selected and conveyed pursuant to para- graph (1), (2), (3), or (5), or the retained min- eral estate, if any, pursuant to paragraph (6), it may select the subsurface estate in an equal acreage from other lands withdrawn for such selection by the Secretary, or, as to Cook Inlet Region, Incorporated, from those areas designated for in lieu selection in paragraph I.B.(2) of the document identified in section 12(b) of Public Law 94–204. Selections made under this paragraph shall be contiguous and in reasonably compact tracts except as sepa- rated by unavailable lands, and shall be in whole sections, except where the remaining entitlement is less than six hundred and forty acres. The Secretary is authorized to with- draw, up to two times the Corporation’s enti- tlement, from vacant, unappropriated, and un- reserved public lands, including lands solely withdrawn pursuant to section 1616(d)(1) of this title, and the Regional Corporation shall select such entitlement of subsurface estate from such withdrawn lands within ninety days of receipt of notification from the Secretary. (10)(A) Notwithstanding the provisions of subsection 1621(h) of this title the Secretary, upon determining that specific lands are avail- able for withdrawal and possible conveyance under this subsection, may withdraw such lands for selection by and conveyance to an appropriate applicant and such withdrawal shall remain until revoked by the Secretary. (B) If a Regional Corporation does not have enough valid selections on file to fulfill the re- maining entitlement of the Regional Corpora- tion under paragraph (8), the Secretary may use the withdrawal authority under subpara- graph (A) to withdraw land that is vacant, un- appropriated, and unreserved on December 10, 2004, for selection by, and conveyance to, the Regional Corporation to fulfill the entitle- ment. (11) For purposes set forth in paragraphs (1), (2), (3), (5), and (6) of this subsection, the term Wildlife Refuges refers to Wildlife Refuges as the boundaries of those refuges exist on De- cember 18, 1971. (Pub. L. 92–203, § 14, Dec. 18, 1971, 85 Stat. 702; Pub. L. 95–178, § 2, Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96–487, title XIV, §§ 1404, 1405, 1406(a)–(d), Dec. 2, 1980, 94 Stat. 2493, 2494; Pub. L. 104–42, title I, § 104, Nov. 2, 1995, 109 Stat. 355; Pub. L. 108–452, title II, §§ 203–206, Dec. 10, 2004, 118 Stat. 3583–3585.) Editorial Notes REFERENCES IN TEXT Section 6(g) of the Alaska Statehood Act, referred to in subsec. (g), is section 6(g) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Posses- sions. December 10, 2004, referred to in subsec. (h)(1)(C)(i)(I), (D), (E), (F), was in the original ‘‘the date of enactment of this paragraph’’, which was translated as meaning the date of enactment of Pub. L. 108–452, which amend- ed par. (1) of subsec. (h), to reflect the probable intent of Congress. Act of March 8, 1922, as amended, referred to in sub- sec. (h)(6), is act Mar. 8, 1922, ch. 96, 42 Stat. 415, which enacted sections 270–11 to 270–13 of this title. Sections 270–11 and 270–13 of this title were repealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789. For complete classification of this Act to the Code, see Ta- bles. Section 12 of the Act of January 2, 1976 (Public Law 94–204), as amended, referred to in subsec. (h)(6), (9), is section 12 of Pub. L. 94–204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note under section 1611 of this title. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–452, § 203, designated ex- isting provisions as par. (1) and added pars. (2) and (3). Subsec. (h)(1). Pub. L. 108–452, § 204, designated first sentence as subpar. (A) and second sentence as subpar. (B) and added subpars. (C) to (G). Subsec. (h)(8)(C). Pub. L. 108–452, § 205, added subpar. (C). Subsec. (h)(10). Pub. L. 108–452, § 206, designated exist- ing provisions as subpar. (A) and added subpar. (B). 1995—Subsec. (c). Pub. L. 104–42 inserted last par. 1980—Subsec. (c)(1). Pub. L. 96–487, § 1404(a), inserted ‘‘as of December 18, 1971 (except that occupancy of tracts located in the Pribilof Islands shall be deter- mined as of the date of initial conveyance of such tracts to the appropriate Village Corporation)’’ after ‘‘in the tract occupied’’. Subsec. (c)(2). Pub. L. 96–487, § 1404(b), inserted ‘‘as of December 18, 1971’’ after ‘‘in any tract occupied’’. Subsec. (c)(3). Pub. L. 96–487, § 1405, inserted provision authorizing the Village Corporation and the Municipal Corporation or the State in trust to agree to a lesser amount than 1,280 acres and requiring any net revenues derived from the sale of surface resources harvested or extracted from lands reconveyed be paid to the Village Corporation by the Municipal Corporation or the State in trust. Subsec. (c)(4). Pub. L. 96–487, § 1404(c), inserted ‘‘as such existed on December 18, 1971’’ after ‘‘navigation aids’’ and ‘‘as such airport sites, runways, and other fa- cilities existed as of December 18, 1971’’ after ‘‘airport Page 466 TITLE 43—PUBLIC LANDS § 1613 runways’’. Amendment, which directed that subsec. (c)(4) end with a period, was executed by substituting ‘‘; and’’ to reflect the probable intent of Congress. Subsec. (h)(1). Pub. L. 96–487, § 1406(a), inserted provi- sion that only title to the surface estate be conveyed for lands located in a Wildlife Refuge when the ceme- tery or historical site is greater than 640 acres. Subsec. (h)(2), (5). Pub. L. 96–487, § 1406(b), inserted ‘‘unless the lands are located in a Wildlife Refuge’’ after ‘‘Regional Corporation’’. Subsec. (h)(6). Pub. L. 96–487, § 1406(c), substituted provision that any minerals reserved by the United States pursuant to the Act of Mar. 8, 1922, in a Native Allotment approved pursuant to section 1617 of this title during the period Dec. 18, 1971 through Dec. 18, 1975, be conveyed to the appropriate Regional Corpora- tion, unless such lands are located in a Wildlife Refuge or in the Lake Clark areas as provided in section 12 of Act Jan. 2, 1976, for provision that the Secretary charge against the 2 million acres authorized all allotments approved pursuant to section 1617 of this title during the four years following Dec. 18, 1971. Subsec. (h)(9) to (11). Pub. L. 96–487, § 1406(d), added pars. (9) to (11). 1977—Subsec. (h)(8). Pub. L. 95–178 designated existing provisions as subpar. (A) and added subpar. (B). Statutory Notes and Related Subsidiaries CLAIM TO SUBSURFACE ESTATE OF LANDS IN WILDLIFE REFUGE; ENTITLEMENT TO IN LIEU SURFACE OR SUB- SURFACE ESTATE; TIME LIMITATION; WAIVER Pub. L. 96–487, title XIV, § 1406(e), Dec. 2, 1980, 94 Stat. 2495, provided that: ‘‘Any Regional Corporation which asserts a claim with the Secretary to the subsurface es- tate of lands selectable under section 14(h) of the Alas- ka Native Claims Settlement Act [subsec. (h) of this section] which are in a Wildlife Refuge shall not be en- titled to any in lieu surface or subsurface estate pro- vided by subsections 12(c)(4) and 14(h)(9) of such Act [section 1611(c)(4) of this title and subsec. (h)(9) of this section]. Any such claim must be asserted within one hundred and eighty days after the date of enactment of this Act [Dec. 2, 1980]. Failure to assert such claim within the one-hundred-and-eighty-day period shall constitute a waiver of any right to such subsurface es- tate in a Wildlife Refuge as the boundaries of the ref- uge existed on the date of enactment of the Alaska Na- tive Claims Settlement Act [Dec. 18, 1971].’’ ESCROW ACCOUNT PENDING CONVEYANCE OF WITHDRAWN LANDS; PROCEEDS NOT DEPOSITED IN ACCOUNT; PAY- MENTS; INTEREST; DEPOSIT OF ACCOUNT IN UNITED STATES TREASURY; PUBLIC EASEMENTS; AUTHORITY FOR PAYMENT OUT OF TREASURY FUNDS Pub. L. 94–204, § 2, Jan. 2, 1976, 89 Stat. 1146, as amend- ed by Pub. L. 96–487, title XIV, § 1411, Dec. 2, 1980, 94 Stat. 2497; Pub. L. 99–396, § 22, Aug. 27, 1986, 100 Stat. 846; Pub. L. 100–581, title II, § 218, Nov. 1, 1988, 102 Stat. 2942, provided that: ‘‘(a)(1) During the period of the appropriate with- drawal for selection pursuant to the Settlement Act [this chapter], any and all proceeds derived from con- tracts, leases, licenses, permits, rights-of-way, or ease- ments, or from trespass occurring after the date of withdrawal of the lands for selection, pertaining to lands or resources of lands, including wildlife proceeds received between the date of withdrawal and the date of conveyance from harvests on lands conveyed pursuant to the Act, withdrawn for Native selection pursuant to the Settlement Act shall be deposited in an escrow ac- count which shall be held by the Secretary until lands selected pursuant to that Act have been conveyed to the selecting Corporation or individual entitled to re- ceive benefits under such Act. ‘‘(2) Such proceeds which were received, if any, subse- quent to the date of withdrawal of the land for selec- tion, but were not deposited in the escrow account shall be identified by the Secretary within two years of the date of conveyance or this Act [probably means Dec. 2, 1980], whichever is later, and shall be paid, to- gether with interest payable on the proceeds from the date of receipt by the United States to the date of pay- ment to the appropriate Corporation or individual to which the land was conveyed by the United States: Pro- vided, That the interest on proceeds received prior to January 2, 1976, shall be calculated and paid at the rate of the earnings on Individual Indian Moneys in the cus- tody of the Secretary of the Interior pursuant to sec- tions 463 and 465 of the Revised Statutes (25 U.S.C. 2 and 9) and invested by him pursuant to the Act of June 24, 1938 (25 U.S.C. 162a), from the date of receipt to Jan- uary 2, 1976. Effective January 2, 1976, the interest so calculated shall be added to the principal amount of such proceeds. The interest on this total amount and on proceeds received on or after January 2, 1976, shall be calculated and paid as though such proceeds and pre- viously calculated interest had been deposited in the escrow account from January 2, 1976, or the date of re- ceipt, whichever occurs later, to the date of payment to the affected Corporation.[:] Provided further, That any rights of a Corporation or individual under this section to such proceeds shall be limited to proceeds actually received by the United States plus interest: And pro- vided further, That moneys for such payments have been appropriated as provided in subsection (e) of this section. ‘‘(3) Such proceeds which have been deposited in the escrow account shall be paid, together with interest ac- crued by the Secretary to the appropriate Corporation or individual upon conveyance of the particular with- drawn lands. In the event that a conveyance does not cover all of the land embraced within any contract, lease, license, permit, right-of-way, easement, or tres- pass, the Corporation or individual shall only be enti- tled to the proportionate amount of the proceeds, in- cluding interest accrued, derived from such contract, lease, license, permit, right-of-way, or easement, which results from multiplying the total of such proceeds, in- cluding interest accrued, by a fraction in which the nu- merator is the acreage of such contract, lease, license, permit, right-of-way, or easement which is included in the conveyance and the denominator is the total acre- age contained in such contract, lease, license, permit, right-of-way, or easement; in the case of trespass, the conveyee shall be entitled to the proportionate share of the proceeds, including a proportionate share of inter- est accrued, in relation to the damages occurring on the respective lands during the period the lands were withdrawn for selection. ‘‘(4) Such proceeds which have been deposited in the escrow account pertaining to lands withdrawn but not selected pursuant to such Act [this chapter], or se- lected but not conveyed due to rejection or relinquish- ment of the selection, shall be paid, together with in- terest accrued, as would have been required by law were it not for the provisions of this Act [enacting sec- tions 1625 to 1627 of this title, amending sections 1615, 1616, 1620, and 1621 of this title, and enacting provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title]. ‘‘(5) Lands withdrawn under this subsection include all Federal lands identified under appendices A, B–1, and B–2 of the document referred to in section 12 of the Act of January 2, 1976 (Public Law 94–204) [set out as a note under section 1611 of this title] for Cook Inlet Re- gion, Incorporated, and are deemed withdrawn as of the date established in subsection (a) of section 2 of the Act of January 2, 1976 [this subsection]. ‘‘(b) The Secretary is authorized to deposit in the Treasury of the United States the escrow account pro- ceeds referred to in subsection (a) of this section, and the United States shall pay interest thereon semiannu- ally from the date of deposit to the date of payment with simple interest at the rate determined by the Sec- retary of the Treasury to be the rate payable on short- term obligations of the United States prevailing at the time of payment: Provided, That the Secretary in his discretion may withdraw such proceeds from the Page 467 TITLE 43—PUBLIC LANDS § 1614 1 So in original. The comma probably should be preceded by an additional closing parenthesis. United States Treasury and reinvest such proceeds in the manner provided by the first section of the Act of June 24, 1938 (52 U.S.C. 1037) [section 162a of Title 25, In- dians]: Provided further, That this section shall not be construed to create or terminate any trust relationship between the United States and any corporation or indi- vidual entitled to receive benefits under the Settle- ment Act [this chapter]. ‘‘(c) Any and all proceeds from public easements re- served pursuant to section 17(b)(3) of the Settlement Act [section 1616(b)(3) of this title], from or after the date of enactment of this Act [Jan. 2, 1976], shall be paid to the grantee of such conveyance in accordance with such grantee’s proportionate share. ‘‘(d) To the extent that there is a conflict between the provisions of this section and any other Federal laws applicable to Alaska, the provisions of this section will govern. Any payment made to any corporation or any individual under authority of this section shall not be subject to any prior obligation under section 9(d) or 9(f) of the Settlement Act [section 1608(d) or section 1608(f) of this title]. ‘‘(e) The Secretary shall calculate the amounts pay- able pursuant to this section and notify the affected Corporation of the results of his calculations. The af- fected Corporation shall have thirty days in which to appeal the Secretary’s calculations after which the Secretary shall promptly make a final determination of the amounts payable. The Secretary shall certify such final determinations to the Secretary of the Treasury and each determination shall constitute a final judgment, award, or compromise settlement under section 1304 of title 31 of the United States Code. The Secretary of the Treasury is authorized and di- rected to pay such amounts to the appropriate Corpora- tion out of funds in the Treasury: Provided, That if the lands from which the proceeds and interest entitlement are derived have not been conveyed to the selecting Na- tive Corporation at the time the Secretary makes his final determination, the Secretary of the Treasury is authorized and directed to pay such amount into the escrow account where it will earn interest and be dis- bursed in the same manner as other proceeds and inter- est.’’ BOUNDARY BETWEEN SOUTHEASTERN AND CHUGACH RE- GIONS; HUNTING AND FISHING RIGHTS OF NATIVES OF VILLAGE OF YAKUTAT Pub. L. 94–204, § 11, Jan. 2, 1976, 89 Stat. 1150, provided that: ‘‘The boundary between the southeastern and Chugach regions shall be the 141st meridian: Provided, That the Regional Corporation for the Chugach region shall accord to the Natives enrolled to the Village of Yakutat the same rights and privileges to use any lands which may be conveyed to the Regional Corpora- tion in the vicinity of Icy Bay for such purposes as such Natives have traditionally made thereof, including, but not limited to, subsistence hunting, fishing and gath- ering, as the Regional Corporation accords to its own shareholders, and shall take no unreasonable or arbi- trary action relative to such lands for the primary pur- pose and having the effect, of impairing or curtailing such rights and privileges.’’ § 1613a. ANCSA amendment All land and interests in land in the State of Alaska conveyed by the Federal Government under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to a Native Corporation and reconveyed by that Native Corporation, or a successor in interest, in exchange for any other land or interest in land in the State of Alaska and located within the same region (as defined in section 9(a) of the Alaska Native Claims Set- tlement Act (43 U.S.C. 1608(a)),1 to a Native Cor- poration under an exchange or other convey- ance, shall be deemed, notwithstanding the con- veyance or exchange, to have been conveyed pursuant to that Act. (Pub. L. 109–221, title I, § 102, May 12, 2006, 120 Stat. 337.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. CODIFICATION Section was enacted as part of the Native American Technical Corrections Act of 2006, and not as part of the Alaska Native Claims Settlement Act which com- prises this chapter. § 1614. Timber sale contracts; modification; tim- ber from contingency area (a) Notwithstanding the provisions of existing National Forest timber sale contracts that are directly affected by conveyances authorized by this chapter, the Secretary of Agriculture is au- thorized to modify any such contract, with the consent of the purchaser, by substituting, to the extent practicable, timber on other national for- est lands approximately equal in volume, spe- cies, grade, and accessibility for timber standing on any land affected by such conveyances, and, on request of the appropriate Village Corpora- tion the Secretary of Agriculture is directed to make such substitution to the extent it is per- mitted by the timber sale contract without the consent of the purchaser. (b) No land conveyed to a Native Corporation pursuant to this chapter or by operation of the Alaska National Interest Lands Conservation Act which is within a contingency area des- ignated in a timber sale contract let by the United States shall thereafter be subject to such contract or to entry or timbering by the con- tractor. Until a Native Corporation has received conveyances to all of the land to which it is en- titled to receive under the appropriate section or subsection of this chapter, for which the land was withdrawn or selected, no land in such a contingency area that has been withdrawn and selected, or selected, by such Corporation under this chapter shall be entered by the timber con- tractor and no timber shall be cut thereon, ex- cept by agreement with such Corporation. For purposes of this subsection, the term ‘‘contin- gency area’’ means any area specified in a tim- ber sale contract as an area from which the tim- ber contractor may harvest timber if the volume of timber specified in the contract cannot be ob- tained from one or more areas definitely des- ignated for timbering in the contract. (Pub. L. 92–203, § 15, Dec. 18, 1971, 85 Stat. 705; Pub. L. 96–487, title IX, § 908, Dec. 2, 1980, 94 Stat. 2447.) Editorial Notes REFERENCES IN TEXT The Alaska National Interest Lands Conservation Act, referred to subsec. (b), is Pub. L. 96–487, Dec. 2,