16 U.S.C. § 3215 — Public land entries in Alaska

Page 2272 TITLE 16—CONSERVATION § 3211 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (b), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. § 3211. Yukon Flats National Wildlife Refuge agri- cultural use Nothing in this Act or other existing law shall be construed as necessarily prohibiting or man- dating the development of agricultural potential within the Yukon Flats National Wildlife Ref- uge pursuant to existing law. The permissibility of such development shall be determined by the Secretary on a case-by-case basis under existing law. Any such development permitted within the Yukon Flats National Wildlife Refuge shall be designed and conducted in such a manner as to minimize to the maximum extent possible any adverse effects of the natural values of the unit. (Pub. L. 96–487, title XIII, § 1324, Dec. 2, 1980, 94 Stat. 2488.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Inter- est Lands Conservation Act. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3212. Terror Lake Hydroelectric Project in Ko- diak National Wildlife Refuge Nothing in this Act or the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) shall be construed as necessarily prohibiting or mandating the construction of the Terror Lake Hydroelectric Project within the Kodiak National Wildlife Refuge. The per- missibility of such development shall be deter- mined by the Secretary on a case-by-case basis under existing law. (Pub. L. 96–487, title XIII, § 1325, Dec. 2, 1980, 94 Stat. 2488.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Inter- est Lands Conservation Act. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The National Wildlife Refuge System Administration Act of 1966, referred to in text, consists of sections 4 and 5 of Pub. L. 89–699, Oct. 15, 1966, 80 Stat. 927, and is classified to sections 668dd and 668ee of this title. For further details, see Short Title note set out under sec- tion 668dd of this title. § 3213. Future executive branch actions (a) No future executive branch action which withdraws more than five thousand acres, in the aggregate, of public lands within the State of Alaska shall be effective except by compliance with this subsection. To the extent authorized by existing law, the President or the Secretary may withdraw public lands in the State of Alas- ka exceeding five thousand acres in the aggre- gate, which withdrawal shall not become effec- tive until notice is provided in the Federal Reg- ister and to both Houses of Congress. Such with- drawal shall terminate unless Congress passes a joint resolution of approval within one year after the notice of such withdrawal has been submitted to Congress. (b) No further studies of Federal lands in the State of Alaska for the single purpose of consid- ering the establishment of a conservation sys- tem unit, national recreation area, national conservation area, or for related or similar pur- poses shall be conducted unless authorized by this Act or further Act of Congress. (Pub. L. 96–487, title XIII, § 1326, Dec. 2, 1980, 94 Stat. 2488.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3214. Alaska gas pipeline Nothing in this Act shall be construed as im- posing any additional requirements in connec- tion with the construction and operation of the transportation system designated by the Presi- dent and approved by the Congress pursuant to the Alaska Natural Gas Transportation Act of 1976 (Public Law 94–586; 90 Stat. 2903) [15 U.S.C. 719 et seq.], or as imposing any limitations upon the authority of the Secretary concerning such system. (Pub. L. 96–487, title XIII, § 1327, Dec. 2, 1980, 94 Stat. 2489.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Inter- est Lands Conservation Act. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Alaska Natural Gas Transportation Act of 1976 (Public Law 94–586; 90 Stat. 2903), referred to in text, is Pub. L. 94–586, Oct. 22, 1976, 90 Stat. 2903, which is clas- sified generally to chapter 15C (§ 719 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 719 of Title 15 and Tables. § 3215. Public land entries in Alaska (a) Application approval; adjudication; protests; voluntary relinquishment of application (1) Subject to valid existing rights, all applica- tions made pursuant to the Acts of June 1, 1938 (52 Stat. 609),1 May 3, 1927 (44 Stat. 1364),1 May 14, 1898 (30 Stat. 413),1 and March 3, 1891 (26 Stat. 1097), which were filed with the Department of the Interior within the time provided by appli- Page 2273 TITLE 16—CONSERVATION § 3215 2 So in original. Probably should be ‘‘this’’. cable law, and which describe land in Alaska that was available for entry under the aforemen- tioned statutes when such entry occurred, are hereby approved on the one hundred and eight- ieth day following the effective date of this Act, except where provided otherwise by paragraph (3) or (4) of this subsection, or where the land de- scription of the entry must be adjusted pursuant to subsection (b) of this section, in which cases approval pursuant to the terms of this sub- section shall be effective at the time the adjust- ment becomes final. (2) Where an application describes land within the boundaries of a unit of the National Park System or a unit of the National Wildlife Refuge System, or a unit of the National Wilderness Preservation System in the Tongass or Chugach National Forests established before the effective date of this Act or by this Act, and the described land was not withdrawn pursuant to section 11(a)(1) of the Alaska Native Claims Settlement Act [43 U.S.C. 1610(a)(1)], or where an application describes land which has been patented or deed- ed to the State of Alaska or which on or before the date of entry was validly selected by, ten- tatively approved, patented, deeded or con- firmed to the State of Alaska pursuant to appli- cable law and was not withdrawn pursuant to section 11(a)(1)(A) of the Alaska Native Claims Settlement Act [43 U.S.C. 1610(a)(1)(A)] from those lands made available for selection by sec- tion 11(a)(2) of the Act [43 U.S.C. 1610(a)(2)] by any Native Village certified as eligible pursuant to section 11(b) of such Act [43 U.S.C. 1610(b)], paragraph (1) of this subsection and subsection (c) of this section shall not apply and the appli- cation shall be adjudicated pursuant to the re- quirements of the Acts referred to in paragraph (1) of this subsection, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and other applicable law. (3) Paragraph (1) of this subsection and sub- section (c) shall not apply and the application shall be adjudicated pursuant to the require- ments of the Acts referred to in paragraph (1) of this subsection, if on or before the one hundred and eightieth day following the effective date of the 2 Act— (A) a Native Corporation files a protest with the Secretary of the Interior (the Secretary) stating that the applicant is not entitled to the land described in the application, and said land is withdrawn for selection by the corpora- tion pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]; or (B) the State of Alaska files a protest with the Secretary stating that the land described in the application is necessary for access to lands owned by the United States, the State of Alaska, or a political subdivision of the State of Alaska, to resources located thereon, or to a public body of water regularly employed for transportation purposes, and the protest states with specificity the facts upon which the conclusions concerning access are based and that no reasonable alternatives for access exist; or (C) a person or entity files a protest with the Secretary stating that the applicant is not en- titled to the land described in the application and that said land is the situs of improve- ments claimed by the person or entity; or (D) the State of Alaska files a protest with the Secretary respecting an entry which was made prior to a valid selection tentative ap- proval, patent, deed, or confirmation to the State of Alaska pursuant to applicable law; or (E) regarding public land entries within units of the National Wildlife Refuge System established or expanded in this Act, any such entry not properly made under applicable law, or not the subject of an application filed with- in the time required by applicable law, or not properly maintained thereafter under applica- ble law shall be adjudicated pursuant to the Act under which the entry was made. (4) Paragraph (1) of this subsection and sub- section (c) shall not apply to any application which was knowingly and voluntarily relin- quished by the applicant. (b) Amendment of land description in applica- tion An applicant may amend the land description contained in his or her application if said de- scription designates land other than that which the applicant intended to claim at the time of application and if the description as amended describes the land originally intended to be claimed. If the application is amended, this sec- tion shall operate to approve the application or to require its adjudication, as the case may be, with reference to the amended land description only: Provided, That the Secretary shall notify the State of Alaska and all interested parties, as shown by the records of the Department of the Interior of the intended correction of the entry’s location, and any such party shall have until the one hundred and eightieth day following the ef- fective date of this Act or sixty days following mailing of the notice, whichever is later, to file with the Department of the Interior a protest as provided in subsection (a)(3) of this section, which protest, if timely, shall be deemed filed within one hundred and eighty days of the effec- tive date of this Act notwithstanding the actual date of filing: Provided further, That the Sec- retary may require that all applications desig- nating land in a specific area be amended, if at all, prior to a date certain which date shall be calculated to allow for orderly adoption of a plan or survey for the specified area, and the Secretary shall mail notification of the final date for amendment to each affected applicant, and shall provide such other notice as the Sec- retary deems appropriate, at least sixty days prior to said date: Provided further, That no ap- plication may be amended for location following adoption of a final plan of survey which includes the location of the entry as described in the ap- plication or its location as desired by amend- ment. (c) Powersites and power-projects Where the land described in application (or such an application as adjusted or amended pur- suant to subsection (b) or (c) of this section), was on that date withdrawn, reserved, or classi- fied for powersite or power-project purposes, notwithstanding such withdrawal, reservation, Page 2274 TITLE 16—CONSERVATION § 3231 or classification the described land shall be deemed vacant, unappropriated, and unreserved within the meaning of the Acts referred to in subsection (a)(1) hereof, and, as such, shall be subject to adjudication or approval pursuant to the terms of this section: Provided, however, That if the described land is included as part of a project licensed under part I of the Federal Power Act of June 10, 1920 (41 Stat. 24), as amended [16 U.S.C. 791a et seq.], or is presently utilized for purposes of generating or transmit- ting electrical power or for any other project au- thorized by Act of Congress, the foregoing provi- sion shall not apply and the application shall be adjudicated pursuant to the appropriate Act: Provided further, That where the applicant com- menced occupancy of the land after its with- drawal or classification for powersite purposes, the entry shall be made subject to the right of reentry provided the United States by section 24 of the Federal Power Act, as amended [16 U.S.C. 818]: Provided further, That any right of reentry reserved in a patent pursuant to this section shall expire twenty years after the effective date of this Act if at that time the land involved is not subject to a license or an application for a license under part I of the Federal Power Act, as amended, or actually utilized or being developed for a purpose authorized by that Act, as amend- ed [16 U.S.C. 791a et seq.] or other Act of Con- gress. (d) Validity of existing rights; rights acquired by actual use and national forest lands unaf- fected Prior to issuing a patent for an entry subject to this section, the Secretary shall identify and adjudicate any record entry or application for title to land described in the application, other than the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the Alaska Statehood Act, or the Act of May 17, 1906, as amended, which entry or application claims land also de- scribed in the application, and shall determine whether such entry or application represents a valid existing right to which the application is subject. Nothing in this section shall be con- strued to affect rights, if any, acquired by ac- tual use of the described land prior to its with- drawal or classification, as affecting National Forest lands. (Pub. L. 96–487, title XIII, § 1328, Dec. 2, 1980, 94 Stat. 2489.) Editorial Notes REFERENCES IN TEXT Act of June 1, 1938 (52 Stat. 609), referred to in subsec. (a)(1), is act June 1, 1938, ch. 317, 52 Stat. 609, which was classified to sections 682a to 682e of Title 43, Public Lands, was repealed by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787, 2789. Act of May 3, 1927 (44 Stat. 1364), referred to in subsec. (a)(1), probably means act Mar. 3, 1927, ch. 323, 44 Stat. 1364, which was classified to section 687a of Title 43, and was repealed by Pub. L. 94–579, title VII, § 703(b), Oct. 21, 1976, 90 Stat. 2789, 2791. Act of May 14, 1898, referred to in subsec. (a)(1), is act May 14, 1898, ch. 299, 30 Stat. 409, which is classified to sections 607a and 615a of this title, sections 270, 270–4, 687a, 687a–2, 687a–3, 687a–4, 687a–5, and 942–1 to 942–9 of Title 43, and section 392 of Title 48, Territories and In- sular Possessions. Section 270 of Title 43 was repealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 270–4 of Title 43 was repealed by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787. Sec- tions 687a and 687a–2 to 687a–5 of Title 43 were repealed by Pub. L. 94–579, title VII, §§ 703(a), 704(a), Oct. 21, 1976, 90 Stat. 2789, 2792. Section 392 of Title 48 was eliminated from the Code as obsolete. For complete classification of this Act to the Code, see Tables. Act of March 3, 1891, referred to in subsec. (a)(1), is act Mar. 3, 1891, ch. 561, 26 Stat. 1095, which is classified to sections 161, 162, 165, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a–6, 718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of this title, sections 471, 607, 611, 611a, and 613 of Title 16, Conservation, former sec- tion 495 of Title 25, Indians, and sections 30, 36, 44, 45, 48; and 52 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Ta- bles. The effective date of this Act, referred to in subsecs. (a) to (c), probably means the date of enactment of Pub. L. 96–487, which was approved Dec. 2, 1980. This Act, referred to in subsec. (a)(2) and (3)(E), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in subsecs. (a)(2), (3)(A) and (d), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Federal Power Act and that Act, referred to in subsec. (c), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. Part I of the Federal Power Act of June 10, 1920 as amended, is classified generally to sub- chapter I (§ 791a et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see sec- tion 791a of this title and Tables. The Alaska Statehood Act, referred to in subsec. (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, Terri- tories and Insular Possessions. For complete classifica- tion of this Act to the Code, see Tables. Act of May 17, 1906, as amended, referred to in subsec. (d), is act May 17, 1906, ch. 2469, 34 Stat. 197, which was classified to sections 270–1 to 270–3 of Title 43, Public Lands, prior to its repeal by Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. 710. See section 1617 of Title 43. SUBCHAPTER VII—NATIONAL NEED MIN- ERAL ACTIVITY RECOMMENDATION PROCESS § 3231. Areas subject to national need rec- ommendation process The process contained in this subchapter shall apply to all public lands within Alaska except for lands within units of the National Park Sys- tem and the Arctic National Wildlife Refuge. (Pub. L. 96–487, title XV, § 1501, Dec. 2, 1980, 94 Stat. 2549.) § 3232. Recommendations of President to Con- gress (a) Recommendation At any time after December 2, 1980, the Presi- dent may transmit a recommendation to the Congress that mineral exploration, develop- ment, or extraction not permitted under this Act or other applicable law shall be permitted in a specified area of the lands referred to in sec- tion 3231 of this title. Notice of such transmittal