43 USC 1636 - Alaska land bank

1 So in original. Probably should be “paragraph (3)”.

of this subsection, nothing in this section or the management plan of any Federal or State agency shall be construed to require a private landowner to grant public access on or across his lands.

2 So in original. The word “provided” probably should not appear.

specifically provided, the exemptions described in subparagraph (A) shall apply to any claim or judgment existing on or arising after

3 So in original. The period probably should not appear.

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in subsecs. (d)(1)(A) and (e), 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 subsec. (e), 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.

Amendments

1998—Subsec. (d)(1)(A). Puspan. L. 105–333, § 1(a), in introductory provisions, inserted “or conveyed to a Native Corporation pursuant to an exchange authorized by section 22(f) of the Alaska Native Claims Settlement Act or section 3192(h) of title 16 or other applicable law” after “Settlement Trust”.

Subsec. (d)(2)(A)(i). Puspan. L. 105–333, § 2(3), which directed the amendment of cl. (i) by adding “Any lands previously developed by third-party trespassers shall not be considered to have been developed.” without specifying where the language was to be added, was executed by adding the language before the semicolon at the end to reflect the probable intent of Congress.

Puspan. L. 105–333, § 2(1), (2), inserted “Any such modification shall be performed by the Native individual or Native Corporation.” after “substantial modification.” and inserted a period after “developed state” the second place it appeared.

Subsec. (d)(2)(B)(iv). Puspan. L. 105–333, § 1(span), added cl. (iv).

Subsec. (d)(3)(B)(iii). Puspan. L. 105–333, § 1(c), added cl. (iii).

1988—Subsec. (a)(1). Puspan. L. 100–241, § 11(1), (2), substituted “subsection (d)(1)” for “subsection (c)(2)” and “no lands shall be included” for “lands not owned by landowners described in subsection (c)(2) shall not be included”.

Subsec. (span)(1). Puspan. L. 100–241, § 11(1), substituted “subsection (d)(1)” for “subsection (c)(2)”.

Subsec. (c). Puspan. L. 100–241, § 11(3), amended subsec. (c) generally, changing structure of subsection from one consisting of introductory provisions and four numbered paragraphs to one consisting of two numbered paragraphs.

Puspan. L. 100–241, § 11(1), substituted “subsection (d)(1)” for “subsection (c)(2)” in pars. (3) and (4)(A).

Subsec. (d). Puspan. L. 100–241, § 11(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Notwithstanding any other provision of this section, unless the landowner decides otherwise, the benefits specified in subsection (d)(1) shall apply to lands conveyed pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], or sections 1631 and 1632 of this title for a period of three years from the date of conveyance or December 2, 1980, whichever is later: Provided, That this subsection shall not apply to any lands which on December 2, 1980, are the subject of a mortgage, pledge or other encumbrance.”

Puspan. L. 100–241, § 11(1), substituted “subsection (d)(1)” for “subsection (c)(2)”.

Subsec. (e). Puspan. L. 100–241, § 11(3), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The provisions of section 21(e) of the Alaska Native Claims Settlement Act [43 U.S.C. 1620(e)] shall apply to all lands which are subject to an agreement under this section so long as the parties to the agreement are in compliance therewith.”

Subsec. (g). Puspan. L. 100–241, § 11(4), added subsec. (g).