43 U.S.C. § 1613a — ANCSA amendment

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,