43 U.S.C. § 1635 — State selections and conveyances

Page 509 TITLE 43—PUBLIC LANDS § 1635 is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. That Act, as amended, referred to in subsec. (d), is the Federal Power Act, act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. Part I of the Federal Power Act of June 10, 1920, as amended, is clas- sified generally to subchapter I (§ 791a et seq.) of chap- ter 12 of Title 16. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. CODIFICATION In subsecs. (a)(1), (3)–(5), (c), and (d), ‘‘December 2, 1980’’ substituted for ‘‘the effective date of this Act’’, which probably meant the date of enactment of Pub. L. 96–487. AMENDMENTS 1998—Subsec. (a)(7), (8). Pub. L. 105–333 added pars. (7) and (8). 1992—Subsec. (a)(1). Pub. L. 102–415, § 2, designated ex- isting provisions as subpar. (A), inserted ‘‘or within Fort Davis (except as provided in subparagraph (B))’’ after ‘‘Naval Petroleum Reserve No. 4)’’, and added sub- par. (B). Subsec. (f). Pub. L. 102–415, § 12, added subsec. (f). § 1635. State selections and conveyances (a) Omitted (b) School lands settlement (1) In full and final settlement of any and all claims by the State of Alaska arising under the Act of March 4, 1915 (38 Stat. 1214), as confirmed and transferred in section 6(k) of the Alaska Statehood Act, the State is hereby granted sev- enty-five thousand acres which it shall be enti- tled to select until January 4, 1994, from vacant, unappropriated, and unreserved public lands. In exercising the selection rights granted herein, the State shall be deemed to have relinquished all claims to any right, title, or interest to any school lands which failed to vest under the above statutes at the time Alaska became a State (January 3, 1959), including lands unsurveyed on that date or surveyed lands which were within Federal reservations or with- drawals on that date. (2) Except as provided herein, such selections shall be made in conformance with the provi- sions for selections under section 6(b) of the Alaska Statehood Act. Selections made under this subsection shall be in units of whole sec- tions as shown on the official survey plats of the Bureau of Land Management, including protrac- tion diagrams, unless part of the section is un- available or the land is otherwise surveyed, or unless the Secretary waives the whole section requirement. (3) Lands selected and conveyed to the State under this subsection shall be subject to the pro- visions of subsections (j) and (k) of section 6 of the Alaska Statehood Act. (c) Prior tentative approvals (1) All tentative approvals of State of Alaska land selections pursuant to the Alaska State- hood Act are hereby confirmed, subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and the United States hereby confirms that all right, title, and inter- est of the United States in and to such lands is deemed to have vested in the State of Alaska as of the date of tentative approval; except that this subsection shall not apply to tentative ap- provals which, prior to December 2, 1980, have been relinquished by the State, or have been fi- nally revoked by the United States under au- thority other than authority under section 11(a)(2), 12(a), or 12(b) of the Alaska Native Claims Settlement Act [43 U.S.C. 1610(a)(2), 1611(a), or 1611(b)]. (2) Upon approval of a land survey by the Sec- retary, such lands shall be patented to the State of Alaska. (3) If the State elects to receive patent to any of the lands which are the subject of this sub- section on the basis of protraction surveys in lieu of field surveys, the Secretary shall issue patent to the State on that basis within six months after notice of such election. For town- ships having such adverse claims of record, pat- ent on the basis of protraction surveys shall be issued as soon as practicable after such election. (4) Future tentative approvals of State land selections, when issued, shall have the same force and effect as those existing tentative ap- provals which are confirmed by this subsection and shall be processed for patent by the same administrative procedures as specified in para- graphs (2) and (3) of this subsection. (d) Prior State selections (1) In furtherance of the State’s entitlement to lands under section 6(b) of the Alaska Statehood Act, the United States hereby conveys to the State of Alaska, subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], all right, title and interest of the United States in and to all vacant, unappropri- ated, and unreserved lands, including lands sub- ject to subsection (l) of this section, which are specified in the list entitled ‘‘Prior State of Alaska Selections to be Conveyed by Congress’’, dated July 24, 1978, submitted by the State of Alaska and on file in the Office of the Secretary except those Federal lands which are specified in a list dated October 19, 1979, submitted by the State of Alaska and on file with the Office of the Secretary. If any of those townships listed above contain lands within the boundaries of any con- servation system unit, national conservation area, national recreation area, new national for- est or forest addition, established, designated, or expanded by this Act, then only those lands within such townships which have been pre- viously selected by the State of Alaska shall be conveyed pursuant to this subsection. (2) In furtherance of the State’s entitlement to lands under section 6(a) of the Alaska Statehood Act, the United States hereby conveys to the State of Alaska, subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], all right, title and interest of the United States in and to all valid land selections made from the national forests under authority of said section 6(a) which have been approved by the Secretary of Agriculture prior to July 1, 1979. Page 510 TITLE 43—PUBLIC LANDS § 1635 (3) As soon as practicable after December 2, 1980, the Secretary shall issue tentative approv- als to such State selections as required by the Alaska Statehood Act and pursuant to sub- section (i) of this section. The sequence of issuance of such tentative approvals shall be on the basis of priorities determined by the State. (4) Upon approval of a land survey by the Sec- retary, such lands shall be patented to the State of Alaska. (5) If the State elects to receive patent to any of the lands which are the subject of this sub- section on the basis of protraction surveys in lieu of field surveys, the Secretary shall issue patent to the State on that basis within six months after notice of such election for town- ships having no adverse claims on the public land records. For townships having such adverse claims of record, patent on the basis of protrac- tion surveys shall be issued as soon as prac- ticable after such election. (6) Future valid State land selections shall be subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. (e) Future ‘‘top filings’’ Subject to valid existing rights and Native se- lection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the State, at its option, may file future selection ap- plications and amendments thereto, pursuant to section 6(a) or (b) of the Alaska Statehood Act or subsection (b) of this section, for lands which are not, on the date of filing of such applica- tions, available within the meaning of section 6(a) or (b) of the Alaska Statehood Act, other than lands within any conservation system unit or the National Petroleum Reserve—Alaska. Each such selection application, if otherwise valid, shall become an effective selection with- out further action by the State upon the date the lands included in such application become available within the meaning of subsection (a) or (b) of section 6 regardless of whether such date occurs before or after expiration of the State’s land selection rights. Selection applica- tions heretofore filed by the State may be refiled so as to become subject to the provisions of this subsection; except that no such refiling shall prejudice any claim of validity which may be asserted regarding the original filing of such application. Nothing contained in this sub- section shall be construed to prevent the United States from transferring a Federal reservation or appropriation from one Federal agency to an- other Federal agency for the use and benefit of the Federal Government. (f) Right to overselect (1) The State of Alaska may select lands ex- ceeding by not more than 25 per centum in total area the amount of State entitlement which has not been patented or tentatively approved under each grant or confirmation of lands to the State contained in the Alaska Statehood Act or other law. If its selections under a particular grant ex- ceed such remaining entitlement, the State shall thereupon list all selections for that grant which have not been tentatively approved in de- sired priority order of conveyance, in blocks no larger than one township in size; except that the State may alter such priorities prior to receipt of tentative approval. Upon receipt by the State of subsequent tentative approvals, such excess selections shall be reduced by the Secretary pro rata by rejecting the lowest prioritized selection blocks necessary to maintain a maximum excess selection of 25 per centum of the entitlement which has not yet been tentatively approved or patented to the State under each grant. (2) The State of Alaska may, by written notifi- cation to the Secretary, relinquish any selec- tions of land filed under the Alaska Statehood Act or subsection (b) of this section prior to re- ceipt by the State of tentative approval, except that lands conveyed pursuant to subsection (g) of this section may not be relinquished pursuant to this paragraph. (3) Omitted (g) Conveyance of specified lands In furtherance of the State’s entitlement to lands under section 6(b) of the Alaska Statehood Act, the United States hereby conveys to the State of Alaska all right, title, and interest of the United States in and to all vacant, unappro- priated, and unreserved lands, including lands subject to subsection (e) of this section but which lie within those townships outside the boundaries of conservation system units, Na- tional Conservation Areas, National Recreation Areas, new national forests and forest additions, established, designated, or expanded by this Act, which are specified in the list entitled ‘‘State Selection Lands May 15, 1978’’, dated July 24, 1978, submitted by the State of Alaska and on file in the office of the Secretary of the Interior. The denomination of lands in such list which are not, on December 2, 1980, available lands within the meaning of section 6(b) of the Alaska State- hood Act and this Act shall be treated as a fu- ture selection application pursuant to sub- section (e) of this section, to the extent such an application could have been filed under such subsection (e). (h) Limitation of conveyances of specified lands tentative approvals; surveys (1) Lands identified in subsection (g) are con- veyed to the State subject to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. All right, title, and interest of the United States in and to such lands shall vest in the State of Alaska as of December 2, 1980, sub- ject to those reservations specified in subsection (l) of this section. (2)(A) As soon as practicable after December 2, 1980, the Secretary shall issue to the State ten- tative approvals to such lands as required by the Alaska Statehood Act and pursuant to sub- section (i) of this section. (B)(i) The sequence of issuance of such ten- tative approvals shall be on the basis of prior- ities determined by the State. (ii) In establishing the priorities for tentative approval under clause (i), the State shall— (I) in the case of a selection under section 6(a) of Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (72 Stat. 340), in- clude all land selected; or (II) in the case of a selection under section 6(b) of that Act— Page 511 TITLE 43—PUBLIC LANDS § 1635 1 So in original. Probably should be ‘‘subsection (e) of this sec- tion;’’. (aa) include at least 5,760 acres; or (bb) if a waiver has been granted under section 6(g) of that Act or less than 5,760 acres of the entitlement remains, prioritize the selection in such increments as are available for conveyance. (3) Upon approval of a land survey by the Sec- retary, those lands identified in subsection (g) shall be patented to the State of Alaska. (4) If the State elects to receive patent to any of the lands which are identified in subsection (g) on the basis of protraction surveys in lieu of field surveys, the Secretary shall issue patent to the State on that basis within six months after notice of such election for townships having no adverse claims on the public land records. For townships having such adverse claims of record, patent on the basis of protraction surveys shall be issued as soon as practicable after such elec- tion. (i) Adjudication Nothing contained in this section shall relieve the Secretary of the duty to adjudicate con- flicting claims regarding the lands specified in subsection (g) of this section, or otherwise se- lected under authority of the Alaska Statehood Act, subsection (b) of this section, or other law, prior to the issuance of tentative approval. (j) Clarification of land status outside units As to lands outside the boundaries of a con- servation system unit, National Recreation Areas, National Conservation Areas, new na- tional forests and forest additions, the following withdrawals, classifications, or designations shall not, of themselves, remove the lands in- volved from the status of vacant, unappropri- ated, and unreserved lands for the purposes of subsection (d) or (g) of this section and future State selections pursuant to the Alaska State- hood Act or subsection (b) of this section: (1) withdrawals for classification pursuant to section 17(d)(1) of the Alaska Native Claims Settlement Act [43 U.S.C. 1616(d)(1)]; except that, in accordance with the Memorandum of Understanding between the United States and the State of Alaska dated September 2, 1972, to the extent that Public Land Orders Numbered 5150, 5151, 5181, 5182, 5184, 5187, 5190, 5194, and 5388 by their terms continue to prohibit State selections of certain lands, such lands shall re- main unavailable for future State selection ex- cept as provided by subsection (e) of this Act; 1 (2) withdrawals pursuant to section 11 of the Alaska Native Claims Settlement Act [43 U.S.C. 1610], which are not finally conveyed pursuant to section 12, 14, or 19 of such Act [43 U.S.C. 1611, 1613, or 1618]; (3) classifications pursuant to the Classifica- tion and Multiple Use Act (78 Stat. 987); (4) classifications or designations pursuant to the National Forest Management Act (90 Stat. 2949) as amended; and (5) classifications, withdrawals exceeding 5,000 acres (except withdrawals exceeding 5,000 acres which the Congress, by concurrent reso- lution, approves within 180 days of the with- drawal or December 2, 1980, whichever occurs later), or designations pursuant to the Federal Land Policy and Management Act (90 Stat. 2743) [43 U.S.C. 1701 et seq.]. (k) Interim provisions Notwithstanding any other provision of law, on lands selected by, or granted or conveyed to, the State of Alaska under section 6 of the Alas- ka Statehood Act or this Act, but not yet ten- tatively approved to the State: (1) The Secretary is authorized to make con- tracts and grant leases, licenses, permits, rights-of-way, or easements, and any tentative approval or patent shall be subject to such contract, lease, license, permit, right-of-way, or easement; except that (A) the authority granted the Secretary by this subsection is that authority the Secretary otherwise would have had under existing laws and regulations had the lands not been selected by the State, and (B) the State has concurred prior to such action by the Secretary. (2) On and after December 2, 1980, 90 per cen- tum of any and all proceeds derived from con- tracts, leases, licenses, permits, rights-of-way, or easements or from trespasses originating after the date of selection by the State shall be held by the Secretary until such lands have been tentatively approved to the State. As such lands are tentatively approved, the Sec- retary shall pay to the State from such ac- count the proceeds allocable to such lands which are derived from contracts, leases, li- censes, permits, rights-of-way, easements, or trespasses. The proceeds derived from con- tracts, leases, licenses, permits, rights-of-way, easements or trespasses and deposited to the account pertaining to lands selected by the State but not tentatively approved due to re- jection or relinquishment shall be paid as would have been required by law were it not for the provisions of this Act. In the event that the tentative approval does not cover all of the land embraced within any contract, lease, license, permit, right-of-way, easement, or trespass, the State shall only be entitled to the proportionate amount of the proceeds de- rived from such contract, lease, license, per- mit, right-of-way, or easement, which results from multiplying the total of such proceeds by a fraction in which the numerator is the acre- age of such contract, lease, license, permit, right-of-way, or easement which is included in the tentative approval and the denominator is the total acreage contained in such contract, lease, license, permit, right-of-way, or ease- ment; in the case of trespass, the State shall be entitled to the proportionate share of the proceeds in relation to the damages occurring on the respective lands. (3) Nothing in this subsection shall relieve the State or the United States of any obliga- tions under section 9 of the Alaska Native Claims Settlement Act [43 U.S.C. 1608] or the fourth sentence of section 6(h) of the Alaska Statehood Act. (l) Existing rights (1) All conveyances to the State under section 6 of the Alaska Statehood Act, this Act, or any other law, shall be subject to valid existing Page 512 TITLE 43—PUBLIC LANDS § 1635 2 So in original. Probably should be ‘‘permitter,’’. rights, to Native selection rights under the Alas- ka Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and to any right-of-way or easement re- served for or appropriated by the United States prior to selection of the underlying lands by the State of Alaska. (2) Where, prior to a conveyance to the State, a right-of-way or easement has been reserved for or appropriated by the United States or a con- tract, lease, permit, right-of-way, or easement has been issued for the lands, the conveyance shall contain provisions making it subject to the right-of-way or easement reserved or appro- priated and to the contract, lease, license, per- mit, right-of-way, or easement issued or grant- ed, and also subject to the right of the United States, contractee, lessee, licensee, permittee, or grantee to the complete enjoyment of all rights, privileges, and benefits previously grant- ed, issued, reserved, or appropriated. Upon issuance of tentative approval, the State shall succeed and become entitled to any and all in- terests of the United States as contractor, les- sor, licensor, permittor,2 or grantor, in any such contracts, leases, licenses, permits, rights-of- way, or easements, except those reserved to the United States in the tentative approval. (3) The administration of rights-of-way or easements reserved to the United States in the tentative approval shall be in the United States, including the right to grant an interest in such right-of-way or easement in whole or in part. (4) Where the lands tentatively approved do not include all of the land involved with any contract, lease, license, permit, right-of-way, or easement issued or granted, the administration of such contract, lease, license, permit, right-of- way, or easement shall remain in the United States unless the agency responsible for admin- istration waives such administration. (5) Nothing in this subsection shall relieve the State or the United States of any obligations under section 9 of the Alaska Native Claims Set- tlement Act [43 U.S.C. 1608] or the fourth sen- tence of section 6(h) of the Alaska Statehood Act. (m) Extinguishment of certain time extensions Any extensions of time periods granted to the State pursuant to section 17(d)(2)(E) of the Alas- ka Native Claims Settlement Act [43 U.S.C. 1616(d)(2)(E)] are hereby extinguished, and the time periods specified in subsections (a) and (b) of this section shall hereafter be applicable to State selections. (n) Effect on third-party rights (1) Nothing in this section shall alter the rights or obligations of any party with regard to section 12 of the Act of January 2, 1976 (Public Law 94–204), sections 4 and 5 of the Act of Octo- ber 4, 1976 (Public Law 94–456), or section 3 of the Act of November 15, 1977 (Public Law 94–178). (2) Any conveyance of land to or confirmation of prior selections of the State made by this Act or selections allowed under this Act shall be subject to the rights of Cook Inlet Region, In- corporated, to nominate lands outside of its re- gion with such nominations to be superior to any selection made by the State after July 18, 1975, including any lands conveyed to the State pursuant to subsection (g) of this section, and to the duty of the Secretary, with consent of the State, to make certain lands within the Cook Inlet Region available to the Corporation, both in accordance with the provisions of section 12(b) of the Act of January 2, 1976 (Public Law 94–204), as amended. (3) Nothing in this chapter shall prejudice a claim of validity or invalidity regarding any third-party interest created by the State of Alaska prior to December 18, 1971, under author- ity of section 6(g) of the Alaska Statehood Act or otherwise. (4) Nothing in this Act shall affect any right of the United States or Alaska Natives to seek and receive damages against any party for trespass against, or other interference with, aboriginal interests if any, occurring prior to December 18, 1971. (o) Status of lands within units (1) Notwithstanding any other provision of law, subject to valid existing rights any land withdrawn pursuant to section 17(d)(1) of the Alaska Native Claims Settlement Act [43 U.S.C. 1616(d)(1)] and within the boundaries of any con- servation system unit, National Recreation Area, National Conservation Area, new national forest or forest addition, shall be added to such unit and administered accordingly unless, be- fore, on, or after December 2, 1980, such land has been validly selected by and conveyed to a Na- tive Corporation, or unless before December 2, 1980, such land has been validly selected by, and after December 2, 1980, is conveyed to the State. At such time as the entitlement of any Native Corporation to land under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] is satisfied, any land within a conservation system unit selected by such Native Corporation shall, to the extent that such land is in excess of its entitlement, become part of such unit and ad- ministered accordingly: Provided, That nothing in this subsection shall necessarily preclude the future conveyance to the State of those Federal lands which are specified in a list dated October 19, 1979, submitted by the State of Alaska and on file with the Office of the Secretary: Provided further, That nothing in this subsection shall af- fect any conveyance to the State pursuant to subsections (b), (c), (d), or (g) of this section. (2) Until conveyed, all Federal lands within the boundaries of a conservation system unit, National Recreation Area, National Conserva- tion Area, new national forest or forest addition, shall be administered in accordance with the laws applicable to such unit. (p) PYK line The second proviso of section 6(b) of the Alas- ka Statehood Act regarding Presidential ap- proval of land selection north and west of the line described in section 10 of such Act shall not apply to any conveyance of land to the State pursuant to subsections (c), (d), and (g) of this section but shall apply to future State selec- tions. (Pub. L. 96–487, title IX, § 906, Dec. 2, 1980, 94 Stat. 2437; Pub. L. 108–452, title I, § 102, Dec. 10, 2004, 118 Stat. 3577.) Page 513 TITLE 43—PUBLIC LANDS § 1635 Editorial Notes REFERENCES IN TEXT Act of March 4, 1915, as confirmed and transferred in section 6(k) of the Alaska Statehood Act, referred to in subsec. (b)(1), is act Mar. 4, 1915, ch. 181, § 1, 38 Stat. 1214, which was classified to section 353 of Title 48, Ter- ritories and Insular Possessions, and was repealed by section 6(k) of the Alaska Statehood Act, Pub. L. 85–508, § 6(k), July 7, 1958, 72 Stat. 343. See section 6(k) of the Alaska Statehood Act set out as a note preceding section 21 of Title 48. The Alaska Statehood Act, referred to in text, is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48. For complete classification of this Act to the Code, see Tables. The Alaska Native Claims Settlement Act, referred to in subsecs. (c)(1), (d)(1), (2), (6), (e), (h)(1), (l)(1), and (o)(1), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. This Act, referred to in subsecs. (d)(1), (g), (k), (l)(1), and (n)(2), (4), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Con- servation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables. The Classification and Multiple Use Act, referred to in subsec. (j)(3), probably means Pub. L. 88–607, Sept. 19, 1964, 78 Stat. 986, which enacted sections 1411 to 1418 of this title, and was omitted from the Code. The National Forest Management Act, as amended, referred to in subsec. (j)(4), probably means the Na- tional Forest Management Act of 1976, Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949. For complete classification of this Act to the Code, see Short Title of 1976 Amend- ment note set out under section 1600 of Title 16, Con- servation, and Tables. The Federal Land Policy and Management Act, re- ferred to in subsec. (j)(5), probably means the Federal Land Policy and Management Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. Section 12 of the Act January 2, 1976 (Public Law 94–204), referred to in subsec. (n)(1) and (2), 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. Sections 4 and 5 of the Act of October 4, 1976 (Public Law 94–456), referred to in subsec. (n)(1), are sections 4 and 5 of Pub. L. 94–456, Oct. 4, 1976, 90 Stat. 1935, which are set out as a note under section 1611 of this title. Section 3 of the Act of November 15, 1977 (Public Law 94–178), referred to in subsec. (n)(1), probably means sec- tion 3 of Pub. L. 95–178, Nov. 15, 1977, 91 Stat. 1369, which enacted a provision set out as a note under sec- tion 1611 of this title and amended a provision set out as a note under section 1611 of this title. This chapter, referred to in subsec. (n)(3), was in the original ‘‘this title’’, meaning title IX of Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2430, which enacted this chapter, amended sections 1614 and 1620 of this title, and amend- ed provisions set out as notes under section 1611 of this title and preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of title IX to the Code, see Tables. Section 10 of the Alaska Statehood Act, referred to in subsec. (p), is section 10 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48. CODIFICATION Section is comprised of section 906 of Pub. L. 96–487. Subsecs. (a) and (f)(3) of section 906 of Pub. L. 96–487 amended section 6(a) and (b), and section 6(g), respec- tively, of the Alaska Statehood Act, Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note pre- ceding section 21 of Title 48, Territories and Insular Possessions. In subsec. (j)(5), ‘‘December 2, 1980’’ substituted for ‘‘the effective date of this Act’’, which probably meant the date of enactment of Pub. L. 96–487. AMENDMENTS 2004—Subsec. (h)(2). Pub. L. 108–452 designated first sentence as subpar. (A) and second sentence as cl. (i) of subpar. (B) and added cl. (ii) of subpar. (B). Statutory Notes and Related Subsidiaries SELECTION OF CERTAIN REVERSIONARY INTERESTS HELD BY THE UNITED STATES Pub. L. 108–452, title I, § 103, Dec. 10, 2004, 118 Stat. 3577, provided that: ‘‘(a) IN GENERAL.—All reversionary interests held by the United States in land owned by the State [of Alas- ka] or any political subdivision of the State and any Federal land leased by the State under the Act of Au- gust 23, 1950 (25 U.S.C. 293b), or the Act of June 4, 1953 (25 U.S.C. 293a), that is prioritized for conveyance by the State under section 906(h)(2) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(h)(2))— ‘‘(1) are deemed to be selected; and ‘‘(2) may, with the concurrence of the Secretary [of the Interior] or the head of the Federal agency with administrative jurisdiction over the land, be con- veyed under section 6 of Public Law 85–508 (commonly known as the ‘Alaska Statehood Act’) (72 Stat. 340) [set out as a note preceding section 21 of Title 48, Ter- ritories and Insular Possessions]. ‘‘(b) EFFECT ON ENTITLEMENT.—If, before the date of enactment of this Act [Dec. 10, 2004], the entitlement of the State has not been charged with respect to a parcel for which a reversionary interest is conveyed under subsection (a), the total acreage of the parcel shall be charged against the remaining entitlement of the State. ‘‘(c) MINIMUM ACREAGE REQUIREMENT NOT APPLICA- BLE.—The minimum acreage requirement under sub- sections (a) and (b) of section 6 of Public Law 85–508 (commonly known as the ‘Alaska Statehood Act’) (72 Stat. 340) shall not apply to the selection of rever- sionary interests under subsection (a). ‘‘(d) STATE WAIVER.—On conveyance to the State of any reversionary interest selected under subsection (a), the State shall be deemed to have waived all right to any future credit should the reversion not occur. ‘‘(e) LIMITATION.—This section shall not apply to— ‘‘(1) reversionary interests in land acquired by the United States through the use of amounts from the Exxon Valdez Oil Spill Trust Fund; or ‘‘(2) reversionary interests in any land conveyed to the State as a result of the ‘Terms and Conditions for Land Consolidation and Management in Cook Inlet Area’ as ratified by section 12 of Public Law 94–204 (43 U.S.C. 1611 note).’’ SETTLEMENT OF REMAINING ENTITLEMENT Pub. L. 108–452, title I, § 106, Dec. 10, 2004, 118 Stat. 3579, provided that: ‘‘(a) IN GENERAL.—The Secretary [of the Interior] may enter into a binding written agreement with the State [of Alaska] with respect to— ‘‘(1) the exact number and location of acres of land remaining to be conveyed under each entitlement es- tablished or confirmed by Public Law 85–508 (com- monly known as the ‘Alaska Statehood Act’) (72 Stat. 340) [set out as a note preceding section 21 of Title 48, Territories and Insular Possessions], from— ‘‘(A) the land selected by the State as of January 3, 1994; and ‘‘(B) selections under the Act of January 21, 1929 (45 Stat. 1091, chapter 92) [43 U.S.C. 852 note]; ‘‘(2) the priority in which the land is to be con- veyed; Page 514 TITLE 43—PUBLIC LANDS § 1636 ‘‘(3) the relinquishment of selections which are not to be conveyed; and ‘‘(4) the survey of the exterior boundaries of the land to be conveyed. ‘‘(b) CONSULTATION.—Before entering into an agree- ment under subsection (a), the Secretary shall ensure that any concerns or issues identified by any Federal agency potentially affected are given consideration. ‘‘(c) ERRORS.—The State, by entering into an agree- ment under subsection (a), shall receive any gain or bear any loss that results from errors in prior surveys, protraction diagrams, or the computation of the owner- ship of third parties on any land conveyed under an agreement entered into under subsection (a). ‘‘(d) AVAILABILITY OF AGREEMENTS.—Agreements en- tered into under subsection (a) shall be available for public inspection in the appropriate offices of the De- partment of the Interior. ‘‘(e) EFFECT.—Nothing in this section increases the entitlement provided to the State under Public Law 85–508 (commonly known as the ‘Alaska Statehood Act’) (72 Stat. 340), or the Act of January 21, 1929 (45 Stat. 1091, chapter 92).’’ EFFECT OF FEDERAL MINING CLAIMS Pub. L. 108–452, title I, § 107, Dec. 10, 2004, 118 Stat. 3580, provided that: ‘‘(a) CONDITIONAL RELINQUISHMENTS.— ‘‘(1) IN GENERAL.—To facilitate the conversion of Federal mining claims to State [of Alaska] mining claims on land selected or topfiled by the State, a Federal mining claimant may file with the Secretary [of the Interior] a voluntary relinquishment of the Federal mining claim conditioned on conveyance of the land to the State. ‘‘(2) CONVEYANCE OF RELINQUISHED CLAIM.—The Sec- retary may convey the land described in the relin- quished Federal mining claim to the State if, with re- spect to the land— ‘‘(A) the State has filed as of January 3, 1994— ‘‘(i) a selection application under Public Law 85–508 (commonly known as the ‘Alaska State- hood Act’) (72 Stat. 339) [set out as a note pre- ceding section 21 of Title 48, Territories and Insu- lar Possessions]; or ‘‘(ii) a future selection application under sec- tion 906(e) of the Alaska National Interest Lands Conservation Act [(]43 U.S.C. 1635(e)); and ‘‘(B) the land addressed by the selection applica- tion or future selection application is conveyed to the State. ‘‘(3) OBLIGATIONS UNDER FEDERAL LAW.—Until the date on which the land is conveyed under paragraph (2), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. ‘‘(4) NO RELINQUISHMENT.—If the land previously en- cumbered by the relinquished Federal mining claim is not conveyed to the State under paragraph (2), the relinquishment of land under paragraph (1) shall be of no effect. ‘‘(b) RIGHTS-OF-WAY; OTHER INTEREST.—On convey- ance to the State of a relinquished Federal mining claim under this section, the State shall assume au- thority over any leases, licenses, permits, rights-of- way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance.’’ FINAL PRIORITIZATION OF STATE SELECTIONS Pub. L. 108–452, title IV, § 404, Dec. 10, 2004, 118 Stat. 3593, provided that: ‘‘(a) FILING OF FINAL PRIORITIES.— ‘‘(1) IN GENERAL.—The State [of Alaska] shall, not later than the date that is 4 years after the date of enactment of this Act [Dec. 10, 2004], in accordance with section 906(f)(1) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)), file final priorities with the Secretary [of the Interior] for all land grant entitlements to the State which remain unsatisfied on the date of the filing. ‘‘(2) RANKING.—All selection applications on file with the Secretary on the date specified in paragraph (1) shall— ‘‘(A) be ranked on a Statewide basis in order of priority; and ‘‘(B) include an estimate of the acreage included in each selection. ‘‘(3) INCLUSIONS.—The State shall include in the prioritized list land which has been top-filed under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)). ‘‘(4) ACREAGE LIMITATION.— ‘‘(A) IN GENERAL.—Acreage for top-filings shall not be counted against the 125 percent limitation established under section 906(f)(1) of the Alaska Na- tional Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)). ‘‘(B) RELINQUISHMENT.— ‘‘(i) IN GENERAL.—The State shall relinquish any selections that exceed the 125 percent limita- tion. ‘‘(ii) FAILURE TO RELINQUISH.—If the State fails to relinquish a selection under clause (i), the Sec- retary shall reject the selection. ‘‘(5) LOWER-PRIORITY SELECTIONS.—Notwithstanding the prioritization of selection applications under paragraph (1), if the Secretary reserves sufficient en- titlements for the top-filed selections, the Secretary may continue to convey lower-priority selections. ‘‘(b) DEADLINE FOR PRIORITIZATION.— ‘‘(1) IN GENERAL.—The State shall irrevocably prioritize sufficient selections to allow the Secretary to complete transfer of 101,000,000 acres by September 30, 2009. ‘‘(2) REPRIORITIZATION.—Any selections remaining after September 30, 2009, may be reprioritized. ‘‘(c) FINANCIAL ASSISTANCE.—The Secretary may, using amounts made available to carry out this Act [see Short Title of 2004 Amendment note set out under section 1601 of this title], provide financial assistance to other Federal agencies, the State, and Native Cor- porations and entities to assist in completing the transfer of land by September 30, 2009.’’ § 1636. Alaska land bank (a) Establishment; agreements (1) In order to enhance the quantity and qual- ity of Alaska’s renewable resources and to facili- tate the coordinated management and protec- tion of Federal, State, and Native and other pri- vate lands, there is hereby established the Alas- ka Land Bank Program. Any private landowner is authorized as provided in this section to enter into a written agreement with the Secretary if his lands adjoin, or his use of such lands would directly affect, Federal land, Federal and State land, or State land if the State is not partici- pating in the program. Any private landowner described in subsection (d)(1) whose lands do not adjoin, or whose use of such lands would not di- rectly affect either Federal or State lands also is entitled to enter into an agreement with the Secretary. Any private landowner whose lands adjoin, or whose use of such lands would directly affect, only State, or State and private lands, is authorized as provided in this section to enter into an agreement with the State of Alaska if the State is participating in the program. If the Secretary is the contracting party with the pri- vate landowner, he shall afford the State an op- portunity to participate in negotiations and be- come a party to the agreement. An agreement may include all or part of the lands of any pri- vate landowner: Provided, That no lands shall be included in the agreement unless the Secretary,