43 U.S.C. § 1610 — Withdrawal of public lands

Page 449 TITLE 43—PUBLIC LANDS § 1610 (g) Alaska Native Fund payments; cessation; re- imbursement for advance payments The payments required by this section shall continue only until a sum of $500,000,000 has been paid into the Alaska Native Fund less the total of advance payments paid into the Alaska Native Fund pursuant to section 407 of the Trans-Alaska Pipeline Authorization Act. Thereafter, payments which would otherwise go into the Alaska Native Fund will be made to the United States Treasury as reimbursement for the advance payments authorized by section 407 of the Trans-Alaskan Pipeline Authorization Act. The provisions of this section shall no longer apply, and the reservation required in patents under this section shall be of no further force and effect, after a total sum of $500,000,000 has been paid to the Alaska Native Fund and to the United States Treasury pursuant to this subsection. (h) Final payment; order of computation When computing the final payment into the Fund the respective shares of the United States and the State with respect to payments to the Fund required by this section shall be deter- mined pursuant to this subsection and in the fol- lowing order: (1) first, from sources identified under sub- sections (b) and (c) hereof; and (2) then, from sources identified under sub- section (d) hereof. (i) Outer Continental Shelf mineral revenues; provisions of section inapplicable The provisions of this section do not apply to mineral revenues received from the Outer Conti- nental Shelf. (Pub. L. 92–203, § 9, Dec. 18, 1971, 85 Stat. 694; Pub. L. 93–153, title IV, § 407(b), Nov. 16, 1973, 87 Stat. 591.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act of 1920, referred to in sub- sec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified gen- erally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 181 of Title 30 and Tables. The Alaska Statehood Act, referred to in subsecs. (b), (c), and (d), 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. Section 407 of the Trans-Alaska Pipeline Authoriza- tion Act, referred to in subsec. (g), probably means sec- tion 407(a) of Pub. L. 93–153, which is set out as a note below. AMENDMENTS 1973—Subsec. (g). Pub. L. 93–153 inserted provisions covering advance payments into the Alaska Native Fund pursuant to section 407 of the Trans-Alaska Pipe- line Authorization Act and the reimbursement of the United States Treasury for payments made. Statutory Notes and Related Subsidiaries ADVANCE PAYMENTS TO ALASKA NATIVES UNTIL COM- MENCEMENT OF DELIVERIES OF NORTH SLOPE CRUDE OIL TO PIPELINE Pub. L. 93–153, title IV, § 407(a), Nov. 16, 1973, 87 Stat. 591, authorized $5,000,000 to be paid from the United States Treasury to the Alaska Native Fund every six months of each fiscal year beginning with the fiscal year ending June 30, 1976, as advance payments charge- able against revenues paid under this section until de- livery of North Slope crude oil to a pipeline com- menced. § 1609. Limitation of actions (a) Complaint, time for filing; jurisdiction; com- mencement by State official; certainty and fi- nality of vested rights, titles, and interests Notwithstanding any other provision of law, any civil action to contest the authority of the United States to legislate on the subject matter or the legality of this chapter shall be barred unless the complaint is filed within one year of December 18, 1971, and no such action shall be entertained unless it is commenced by a duly authorized official of the State. Exclusive juris- diction over such action is hereby vested in the United States District Court for the District of Alaska. The purpose of this limitation on suits is to insure that, after the expiration of a rea- sonable period of time, the right, title, and in- terest of the United States, the Natives, and the State of Alaska will vest with certainty and fi- nality and may be relied upon by all other per- sons in their relations with the State, the Na- tives, and the United States. (b) Land selection; suspension and extension of rights In the event that the State initiates litigation or voluntarily becomes a party to litigation to contest the authority of the United States to legislate on the subject matter or the legality of this chapter, all rights of land selection granted to the State by the Alaska Statehood Act shall be suspended as to any public lands which are determined by the Secretary to be potentially valuable for mineral development, timber, or other commercial purposes, and no selections shall be made, no tentative approvals shall be granted, and no patents shall be issued for such lands during the pendency of such litigation. In the event of such suspension, the State’s right of land selection pursuant to section 6 of the Alas- ka Statehood Act shall be extended for a period of time equal to the period of time the selection right was suspended. (Pub. L. 92–203, § 10, Dec. 18, 1971, 85 Stat. 696.) Editorial Notes REFERENCES IN TEXT The Alaska Statehood Act and section 6 of the Alas- ka Statehood Act, referred to in subsec. (b), are Pub. L. 85–508, July 7, 1958, 72 Stat. 339, and section 6 thereof, and are set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables. § 1610. Withdrawal of public lands (a) Description of withdrawn public lands; ex- ceptions; National Wildlife Refuge lands ex- ception; time of withdrawal (1) The following public lands are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, in- cluding the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, as amended: Page 450 TITLE 43—PUBLIC LANDS § 1610 (A) The lands in each township that encloses all or part of any Native village identified pur- suant to subsection (b); (B) The lands in each township that is con- tiguous to or corners on the township that en- closes all or part of such Native village; and (C) The lands in each township that is con- tiguous to or corners on a township containing lands withdrawn by paragraph (B) of this sub- section. The following lands are excepted from such withdrawal: lands in the National Park System and lands withdrawn or reserved for national de- fense purposes other than Naval Petroleum Re- serve Numbered 4. (2) All lands located within the townships de- scribed in subsection (a)(1) hereof that have been selected by, or tentatively approved to, but not yet patented to, the State under the Alaska Statehood Act are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from the creation of third party interests by the State under the Alaska Statehood Act. (3)(A) If the Secretary determines that the lands withdrawn by subsections (a)(1) and (2) hereof are insufficient to permit a Village or Re- gional Corporation to select the acreage it is en- titled to select, the Secretary shall withdraw three times the deficiency from the nearest un- reserved, vacant and unappropriated public lands. In making this withdrawal the Secretary shall, insofar as possible, withdraw public lands of a character similar to those on which the vil- lage is located and in order of their proximity to the center of the Native village: Provided, That if the Secretary, pursuant to section 1616, and 1621(e) of this title determines there is a need to expand the boundaries of a National Wildlife Refuge to replace any acreage selected in the Wildlife Refuge System by the Village Corpora- tion the withdrawal under this section shall not include lands in the Refuge. (B) The Secretary shall make the withdrawal provided for in subsection (3)(A) hereof on the basis of the best available information within sixty days of December 18, 1971, or as soon there- after as practicable. (b) List of Native villages subject to chapter; re- view; eligibility for benefits; expiration of withdrawals for villages; alternative eligi- bility; eligibility of unlisted villages (1) The Native villages subject to this chapter are as follows: NAME OF PLACE AND REGION Afognak, Afognak Island. Akhiok, Kodiak. Akiachak, Southwest Coastal Lowland. Akiak, Southwest Coastal Lowland. Akutan, Aleutian. Alakanuk, Southwest Coastal Lowland. Alatna, Koyukuk-Lower Yukon. Aleknagik, Bristol Bay. Allakaket, Koyukuk-Lower Yukon. Ambler, Bering Strait. Anaktuvuk, Pass, Arctic Slope. Andreafsey, Southwest Coastal Lowland. Aniak, Southwest Coastal Lowland. Anvik, Koyukuk-Lower Yukon. Arctic Village, Upper Yukon-Porcupine. Atka, Aleutian. Atkassok, Arctic Slope. Atmautlauk, Southwest Coastal Lowland. Barrow, Arctic Slope. Beaver, Upper Yukon-Porcupine. Belkofsky, Aleutian. Bethel, Southwest Coastal Lowland. Bill Moore’s, Southwest Coastal Lowland. Biorka, Aleutian. Birch Creek, Upper Yukon-Porcupine. Brevig Mission, Bering Strait. Buckland, Bering Strait. Candle, Bering Strait. Cantwell, Tanana. Canyon Village, Upper Yukon-Porcupine. Chalkyitsik, Upper Yukon-Porcupine. Chanilut, Southwest Coastal Lowland. Cherfornak, Southwest Coastal Lowland. Chevak, Southwest Coastal Lowland. Chignik, Kodiak. Chignik Lagoon, Kodiak. Chignik Lake, Kodiak. Chistochina, Copper River. Chitina, Copper River. Chukwuktoligamute, Southwest Coastal Lowland. Circle, Upper Yukon-Porcupine. Clark’s Point, Bristol Bay. Copper Center, Copper River. Crooked Creek, Upper Kuskokwim. Deering, Bering Strait. Dillingham, Bristol Bay. Dot Lake, Tanana. Eagle, Upper Yukon-Porcupine. Eek, Southwest Coastal Lowland. Egegik, Bristol Bay. Eklutna, Cook Inlet. Ekuk, Bristol Bay. Ekwok, Bristol Bay. Elim, Bering Strait. Emmonak, Southwest Coastal Lowland. English Bay, Cook Inlet. False Pass, Aleutian. Fort Yukon, Upper Yukon-Porcupine. Gakona, Copper River. Galena, Koyukuk-Lower Yukon. Gambell, Bering Sea. Georgetown, Upper Kuskokwim. Golovin, Bering Strait. Goodnews Bay, Southwest Coastal Lowland. Grayling, Koyukuk-Lower Yukon. Gulkana, Copper River. Hamilton, Southwest Coastal Lowland. Holy Cross, Koyukuk-Lower Yukon. Hooper Bay, Southwest Coastal Lowland. Hughes, Koyukuk-Lower Yukon. Huslia, Koyukuk-Lower Yukon. Igiugig, Bristol Bay. Iliamna, Cook Inlet. Inalik, Bering Strait. Ivanof Bay, Aleutian. Kaguyak, Kodiak. Katovik, Arctic Slope. Kalskag, Southwest Coastal Lowland. Kaltag, Koyukuk-Lower Yukon. Karluk, Kodiak. Kasigluk, Southwest Coastal Lowland. Kiana, Bering Strait. King Cove, Aleutian. Page 451 TITLE 43—PUBLIC LANDS § 1610 Kipnuk, Southeast Coastal Lowland. Kivalina, Bering Strait. Kobuk, Bering Strait. Kokhanok, Bristol Bay. Koliganek, Bristol Bay. Kongiganak, Southwest Coastal Lowland. Kotlik, Southwest Coastal Lowland. Kotzebue, Bering Strait. Koyuk, Bering Strait. Koyukuk, Koyukuk-Lower Yukon. Kwethluk, Southwest Coastal Lowland. Kwigillingok, Southwest Coastal Lowland. Larsen Bay, Kodiak. Levelock, Bristol Bay. Lime Village, Upper Kuskokwim. Lower Kalskag, Southwest Coastal Lowland. McGrath, Upper Kuskokwim. Makok, Koyukuk-Lower Yukon. Manley Hot Springs, Tanana. Manokotak, Bristol Bay. Marshall, Southwest Coastal Lowland. Mary’s Igloo, Bering Strait. Medfra, Upper Kuskokwim. Mekoryuk, Southwest Coastal Lowland. Mentasta Lake, Copper River. Minchumina Lake, Upper Kuskokwim. Minto, Tanana. Mountain Village, Southwest Coastal Low- land. Nabesna Village, Tranana. Naknek, Bristol Bay. Napaimute, Upper Kuskokwim. Napakiak, Southwest Coastal Lowland. Napaskiak, Southwest Coastal Lowland. Nelson Lagoon, Aleutian. Nenana, Tanana. Newhalen, Cook Inlet. New Stuyahok, Bristol Bay. Newtok, Southwest Coastal Lowland. Nightmute, Southwest Coastal Lowland. Nikolai, Upper Kuskokwim. Nikolski, Aleutian. Ninilchik, Cook Inlet. Noatak, Bering Strait. Nome, Bering Strait. Nondalton, Cook Inlet. Nooiksut, Arctic Slope. Noorvik, Bering Strait. Northeast Cape, Bering Sea. Northway, Tanana. Nulato, Koyukuk-Lower Yukon. Nunapitchuk, Southwest Coastal Lowland. Ohogamiut, Southwest Coastal Lowland. Old Harbor, Kodiak. Oscarville, Southwest Coastal Lowland. Ouzinkie, Kodiak. Paradise, Koyukuk-Lower Yukon. Pauloff Harbor, Aleutian. Pedro Bay, Cook Inlet. Perryville, Kodiak. Pilot Point, Bristol Bay. Pilot Station, Southwest Coastal Lowland. Pitkas Point, Southwest Coastal Lowland. Platinum, Southwest Coastal Lowland. Point Hope, Arctic Slope. Point Lay, Arctic Slope. Portage Creek (Ohgsenakale), Bristol Bay. Port Graham, Cook Inlet. Port Heiden (Meshick), Aleutian. Port Lions, Kodiak. Quinhagak, Southwest Coastal Lowland. Rampart, Upper Yukon-Porcupine. Red Devil, Upper Kuskokwim. Ruby, Koyukuk-Lower Yukon. Russian Mission or Chauthalue (Kuskokwim), Upper Kuskokwim. Russian Mission (Yukon), Southwest Coastal Lowland. St. George, Aleutian. St. Mary’s, Southwest Coastal Lowland. St. Michael, Bering Strait. St. Paul, Aleutian. Salamatof, Cook Inlet. Sand Point, Aleutian. Savonoski, Bristol Bay. Savoonga, Bering Sea. Scammon Bay, Southwest Coastal Lowland. Selawik, Bering Strait. Seldovia, Cook Inlet. Shageluk, Koyukuk-Lower Yukon. Shaktoolik, Bering Strait. Sheldon’s Point, Southwest Coastal Low- land. Shishmaref, Bering Strait. Shungnak, Bering Strait. Slana, Copper River. Sleetmute, Upper Kuskokwim. South Naknek, Bristol Bay. Squaw Harbor, Aleutian. Stebbins, Bering Strait. Stevens Village, Upper Yukon-Porcupine. Stony River, Upper Kuskokwim. Takotna, Upper Kuskokwim. Tanacross, Tanana. Tanana, Koyukuk-Lower Yukon. Tatilek, Chugach. Tazlina, Copper River. Telida, Upper Kuskokwim. Teller, Bering Strait. Tetlin, Tanana. Togiak, Bristol Bay. Toksook Bay, Southwest Coastal Lowland. Tulusak, Southwest Coastal Lowland. Tuntutuliak, Southwest Coastal Lowland. Tununak, Southwest Coastal Lowland. Twin Hills, Bristol Bay. Tyonek, Cook Inlet. Ugashik, Bristol Bay. Unalakleet, Bering Strait. Unalaska, Aleutian. Unga, Aleutian. Uyak, Kodiak. Venetie, Upper Yukon-Porcupine. Wainwright, Arctic Slope. Wales, Bering Strait. White Mountain, Bering Strait. (2) Within two and one-half years from Decem- ber 18, 1971, the Secretary shall review all of the villages listed in subsection (b)(1) hereof, and a village shall not be eligible for land benefits under section 1613(a) and (b) of this title, and any withdrawal for such village shall expire, if the Secretary determines that— (A) less than twenty-five Natives were resi- dents of the village on the 1970 census enu- meration date as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance; or (B) the village is of a modern and urban character, and the majority of the residents are non-Native. Any Native group made ineligible by this sub- section shall be considered under section 1613(h) of this title. Page 452 TITLE 43—PUBLIC LANDS § 1611 1 So in original. Probably should be followed by another closing parenthesis. (3) Native villages not listed in subsection (b)(1) hereof shall be eligible for land and bene- fits under this chapter and lands shall be with- drawn pursuant to this section if the Secretary within two and one-half years from December 18, 1971, determines that— (A) twenty-five or more Natives were resi- dents of an established village on the 1970 cen- sus enumeration date as shown by the census or other evidence satisfactory to the Sec- retary, who shall make findings of fact in each instance; and (B) the village is not of a modern and urban character, and a majority of the residents are Natives. (Pub. L. 92–203, § 11, Dec. 18, 1971, 85 Stat. 696.) Editorial Notes REFERENCES IN TEXT The Alaska Statehood Act, as amended, referred to in subsec. (a)(1), (2), is 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 Possessions. For com- plete classification of this Act to the Code, see Tables. § 1611. Native land selections (a) Acreage limitation; proximity of selections and size of sections and units; waiver (1) During a period of three years from Decem- ber 18, 1971, the Village Corporation for each Na- tive village identified pursuant to section 1610 of this title shall select, in accordance with rules established by the Secretary, all of the township or townships in which any part of the village is located, plus an area that will make the total selection equal to the acreage to which the vil- lage is entitled under section 1613 of this title. The selection shall be made from lands with- drawn by section 1610(a) of this title: Provided, That no Village Corporation may select more than 69,120 acres from lands withdrawn by sec- tion 1610(a)(2) of this title, and not more than 69,120 acres from the National Wildlife Refuge System, and not more than 69,120 acres in a Na- tional Forest: Provided further, That when a Vil- lage Corporation selects the surface estate to lands within the National Wildlife Refuge Sys- tem or Naval Petroleum Reserve Numbered 4, the Regional Corporation, for that region may select the subsurface estate in an equal acreage from other lands withdrawn in section 1610(a) of this title within the region, if possible. (2) Selections made under this subsection (a) shall be contiguous and in reasonably compact tracts, except as separated by bodies of water or by lands which are unavailable for selection, and shall be in whole sections and, wherever fea- sible, in units of not less than 1,280 acres: Pro- vided, That the Secretary in his discretion and upon the request of the concerned Village Cor- poration, may waive the whole section require- ment where— (A)(i) a portion of available public lands of a section is separated from other available pub- lic lands in the same section by lands unavail- able for selection or by a meanderable body of water; (ii) such waiver will not result in small iso- lated parcels of available public land remain- ing after conveyance of selected lands to Na- tive Corporations; and (iii) such waiver would result in a better land ownership pattern or improved land or re- source management opportunity; or (B) the remaining available public lands in the section have been selected and will be con- veyed to another Native Corporation under this chapter. (b) Allocation; reallocation considerations The difference between twenty-two million acres and the total acreage selected by Village Corporations pursuant to subsection (a) shall be allocated by the Secretary among the eleven Re- gional Corporations (which excludes the Re- gional Corporation for southeastern Alaska) on the basis of the number of Natives enrolled in each region. Each Regional Corporation shall, not later than October 1, 2005, reallocate such acreage among the Native villages within the re- gion on an equitable basis after considering his- toric use, subsistence needs, and population. The action of the Secretary or the Corporation shall not be subject to judicial review. Each Village Corporation shall select the acreage allocated to it from the lands withdrawn by section 1610(a) of this title. (c) Computation The difference between thirty-eight million acres and the 22 million acres selected by Vil- lage Corporations pursuant to subsections (a) and (b) shall be allocated among the eleven Re- gional Corporations (which excludes the Re- gional Corporation for southeastern Alaska) as follows: (1) The number of acres each Regional Cor- poration is entitled to receive shall be computed (A) by determining on the basis of available data the percentages of all land in Alaska (excluding the southeastern region) that is within each of the eleven regions, (B) by applying that percent- age to thirty-eight million acres reduced by the acreage in the southeastern region that is to be selected pursuant to section 1615 of this title, and (C) by deducting from the figure so com- puted the number of acres within that region se- lected pursuant to subsections (a) and (b). (2) In the event that the total number of acres selected within a region pursuant to subsections (a) and (b) exceeds the percentage of the reduced thirty-eight million acres allotted to that re- gion pursuant to subsection (c)(1)(B), that re- gion shall not be entitled to receive any lands under this subsection (c). For each region so af- fected the difference between the acreage cal- culated pursuant to subsection (c)(1)(B) and the acreage selected pursuant to subsections (a) and (b) shall be deducted from the acreage cal- culated under subsection (c)(1)(C) for the re- maining regions which will select lands under this subsection (c). The reductions shall be ap- portioned among the remaining regions so that each region’s share of the total reduction bears the same proportion to the total reduction as the total land area in that region (as calculated pursuant to subsection (c)(1)(A) 1 bears to the total land area in all of the regions whose allot-