43 USC 1635 - State selections and conveyances

1 So in original. Probably should be “subsection (e) of this section;”.

2 So in original. Probably should be “permitter,”.

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.

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. (span)(1), is act Mar. 4, 1915, ch. 181, § 1, 38 Stat. 1214, which was classified to section 353 of Title 48, Territories and Insular Possessions, and was repealed by section 6(k) of the Alaska Statehood Act, Puspan. 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 Puspan. 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 Puspan. 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 Puspan. 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 Title 16, Conservation, and Tables.

The Classification and Multiple Use Act, referred to in subsec. (j)(3), probably means Puspan. 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 National Forest Management Act of 1976, Puspan. L. 94–588, Oct. 22, 1976, 90 Stat. 2949. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of Title 16, Conservation, and Tables.

The Federal Land Policy and Management Act, referred to in subsec. (j)(5), probably means the Federal Land Policy and Management Act of 1976, Puspan. 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 Puspan. 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 Puspan. 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 section 3 of Puspan. L. 95–178, Nov. 15, 1977, 91 Stat. 1369, which enacted a provision set out as a note under section 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 Puspan. L. 96–487, Dec. 2, 1980, 94 Stat. 2430, which enacted this chapter, amended sections 1614 and 1620 of this title, and amended 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 Puspan. 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 Puspan. L. 96–487. Subsecs. (a) and (f)(3) of section 906 of Puspan. L. 96–487 amended section 6(a) and (span), and section 6(g), respectively, of the Alaska Statehood Act, Puspan. 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.

In subsec. (j)(5), “December 2, 1980” substituted for “the effective date of this Act”, which probably meant the date of enactment of Puspan. L. 96–487.

Amendments

2004—Subsec. (h)(2). Puspan. 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

Puspan. 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 Alaska] or any political subdivision of the State and any Federal land leased by the State under the Act of August 23, 1950 (25 U.S.C. 293span), 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 conveyed 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, Territories and Insular Possessions].

“(span)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 Applicable.—The minimum acreage requirement under subsections (a) and (span) 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 reversionary 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

Puspan. 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 established or confirmed by 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, 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 conveyed;

“(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.

“(span)Consultation.—Before entering into an agreement 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 agreement 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 ownership of third parties on any land conveyed under an agreement entered into under subsection (a).

“(d)Availability of Agreements.—Agreements entered into under subsection (a) shall be available for public inspection in the appropriate offices of the Department 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

Puspan. 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 Secretary may convey the land described in the relinquished Federal mining claim to the State if, with respect 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 Statehood Act’) (72 Stat. 339) [set out as a note preceding section 21 of Title 48, Territories and Insular Possessions]; or

“(ii) a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act [(]43 U.S.C. 1635(e)); and

“(B) the land addressed by the selection application 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 encumbered 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.

“(span)Rights-of-Way; Other Interest.—On conveyance to the State of a relinquished Federal mining claim under this section, the State shall assume authority 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

Puspan. 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 National 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 limitation.

“(ii)Failure to relinquish.—If the State fails to relinquish a selection under clause (i), the Secretary shall reject the selection.

“(5)Lower-priority selections.—Notwithstanding the prioritization of selection applications under paragraph (1), if the Secretary reserves sufficient entitlements for the top-filed selections, the Secretary may continue to convey lower-priority selections.

“(span)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 Corporations and entities to assist in completing the transfer of land by September 30, 2009.”