§ 1635. — State selections and conveyances.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1635]
TITLE 43--PUBLIC LANDS
CHAPTER 33A--IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
ALASKA STATEHOOD
Sec. 1635. State selections and conveyances
(a) Omitted
(b) School lands settlement
(1) In full and final settlement of any and all claims by the State
of Alaska arising under the Act of March 4, 1915 (38 Stat. 1214), as
confirmed and transferred in section 6(k) of the Alaska Statehood Act,
the State is hereby granted seventy-five thousand acres which it shall
be entitled to select until January 4, 1994, from vacant,
unappropriated, and unreserved public lands. In exercising the selection
rights granted herein, the State shall be deemed to have relinquished
all claims to any right, title, or interest to any school lands which
failed to vest under the above statutes at the time Alaska became a
State (January 3, 1959), including lands unsurveyed on that date or
surveyed lands which were within Federal reservations or withdrawals on
that date.
(2) Except as provided herein, such selections shall be made in
conformance with the provisions for selections under section 6(b) of the
Alaska Statehood Act. Selections made under this subsection shall be in
units of whole sections as shown on the official survey plats of the
Bureau of Land Management, including protraction diagrams, unless part
of the section is unavailable or the land is otherwise surveyed, or
unless the Secretary waives the whole section requirement.
(3) Lands selected and conveyed to the State under this subsection
shall be subject to the provisions of subsections (j) and (k) of section
6 of the Alaska Statehood Act.
(c) Prior tentative approvals
(1) All tentative approvals of State of Alaska land selections
pursuant to the Alaska Statehood Act are hereby confirmed, subject only
to valid existing rights and Native selection rights under the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and the United
States hereby confirms that all right, title, and interest of the United
States in and to such lands is deemed to have vested in the State of
Alaska as of the date of tentative approval; except that this subsection
shall not apply to tentative approvals which, prior to December 2, 1980,
have been relinquished by the State, or have been finally revoked by the
United States under authority other than authority under section
11(a)(2), 12(a), or 12(b) of the Alaska Native Claims Settlement Act [43
U.S.C. 1610(a)(2), 1611(a), or 1611(b)].
(2) Upon approval of a land survey by the Secretary, such lands
shall be patented to the State of Alaska.
(3) If the State elects to receive patent to any of the lands which
are the subject of this subsection on the basis of protraction surveys
in lieu of field surveys, the Secretary shall issue patent to the State
on that basis within six months after notice of such election. For
townships having such adverse claims of record, patent on the basis of
protraction surveys shall be issued as soon as practicable after such
election.
(4) Future tentative approvals of State land selections, when
issued, shall have the same force and effect as those existing tentative
approvals which are confirmed by this subsection and shall be processed
for patent by the same administrative procedures as specified in
paragraphs (2) and (3) of this subsection.
(d) Prior State selections
(1) In furtherance of the State's entitlement to lands under section
6(b) of the Alaska Statehood Act, the United States hereby conveys to
the State of Alaska, subject only to valid existing rights and Native
selection rights under the Alaska Native Claims Settlement Act [43
U.S.C. 1601 et seq.], all right, title and interest of the United States
in and to all vacant, unappropriated, and unreserved lands, including
lands subject to subsection (l) of this section, which are specified in
the list entitled ``Prior State of Alaska Selections to be Conveyed by
Congress'', dated July 24, 1978, submitted by the State of Alaska and on
file in the Office of the Secretary except those Federal lands which are
specified in a list dated October 19, 1979, submitted by the State of
Alaska and on file with the Office of the Secretary. If any of those
townships listed above contain lands within the boundaries of any
conservation system unit, national conservation area, national
recreation area, new national forest or forest addition, established,
designated, or expanded by this Act, then only those lands within such
townships which have been previously selected by the State of Alaska
shall be conveyed pursuant to this subsection.
(2) In furtherance of the State's entitlement to lands under section
6(a) of the Alaska Statehood Act, the United States hereby conveys to
the State of Alaska, subject only to valid existing rights and Native
selection rights under the Alaska Native Claims Settlement Act [43
U.S.C. 1601 et seq.], all right, title and interest of the United States
in and to all valid land selections made from the national forests under
authority of said section 6(a) which have been approved by the Secretary
of Agriculture prior to July 1, 1979.
(3) As soon as practicable after December 2, 1980, the Secretary
shall issue tentative approvals to such State selections as required by
the Alaska Statehood Act and pursuant to subsection (i) of this section.
The sequence of issuance of such tentative approvals shall be on the
basis of priorities determined by the State.
(4) Upon approval of a land survey by the Secretary, such lands
shall be patented to the State of Alaska.
(5) If the State elects to receive patent to any of the lands which
are the subject of this subsection on the basis of protraction surveys
in lieu of field surveys, the Secretary shall issue patent to the State
on that basis within six months after notice of such election for
townships having no adverse claims on the public land records. For
townships having such adverse claims of record, patent on the basis of
protraction surveys shall be issued as soon as practicable after such
election.
(6) Future valid State land selections shall be subject only to
valid existing rights and Native selection rights under the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
(e) Future ``top filings''
Subject to valid existing rights and Native selection rights under
the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the
State, at its option, may file future selection applications and
amendments thereto, pursuant to section 6(a) or (b) of the Alaska
Statehood Act or subsection (b) of this section, for lands which are
not, on the date of filing of such applications, available within the
meaning of section 6(a) or (b) of the Alaska Statehood Act, other than
lands within any conservation system unit or the National Petroleum
Reserve--Alaska. Each such selection application, if otherwise valid,
shall become an effective selection without further action by the State
upon the date the lands included in such application become available
within the meaning of subsection (a) or (b) of section 6 regardless of
whether such date occurs before or after expiration of the State's land
selection rights. Selection applications heretofore filed by the State
may be refiled so as to become subject to the provisions of this
subsection; except that no such refiling shall prejudice any claim of
validity which may be asserted regarding the original filing of such
application. Nothing contained in this subsection shall be construed to
prevent the United States from transferring a Federal reservation or
appropriation from one Federal agency to another Federal agency for the
use and benefit of the Federal Government.
(f) Right to overselect
(1) The State of Alaska may select lands exceeding by not more than
25 per centum in total area the amount of State entitlement which has
not been patented or tentatively approved under each grant or
confirmation of lands to the State contained in the Alaska Statehood Act
or other law. If its selections under a particular grant exceed such
remaining entitlement, the State shall thereupon list all selections for
that grant which have not been tentatively approved in desired priority
order of conveyance, in blocks no larger than one township in size;
except that the State may alter such priorities prior to receipt of
tentative approval. Upon receipt by the State of subsequent tentative
approvals, such excess selections shall be reduced by the Secretary pro
rata by rejecting the lowest prioritized selection blocks necessary to
maintain a maximum excess selection of 25 per centum of the entitlement
which has not yet been tentatively approved or patented to the State
under each grant.
(2) The State of Alaska may, by written notification to the
Secretary, relinquish any selections of land filed under the Alaska
Statehood Act or subsection (b) of this section prior to receipt by the
State of tentative approval, except that lands conveyed pursuant to
subsection (g) of this section may not be relinquished pursuant to this
paragraph.
(3) Omitted
(g) Conveyance of specified lands
In furtherance of the State's entitlement to lands under section
6(b) of the Alaska Statehood Act, the United States hereby conveys to
the State of Alaska all right, title, and interest of the United States
in and to all vacant, unappropriated, and unreserved lands, including
lands subject to subsection (e) of this section but which lie within
those townships outside the boundaries of conservation system units,
National Conservation Areas, National Recreation Areas, new national
forests and forest additions, established, designated, or expanded by
this Act, which are specified in the list entitled ``State Selection
Lands May 15, 1978'', dated July 24, 1978, submitted by the State of
Alaska and on file in the office of the Secretary of the Interior. The
denomination of lands in such list which are not, on December 2, 1980,
available lands within the meaning of section 6(b) of the Alaska
Statehood Act and this Act shall be treated as a future selection
application pursuant to subsection (e) of this section, to the extent
such an application could have been filed under such subsection (e) of
this section.
(h) Limitation of conveyances of specified lands tentative approvals;
surveys
(1) Lands identified in subsection (g) of this section are conveyed
to the State subject to valid existing rights and Native selection
rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et
seq.]. All right, title, and interest of the United States in and to
such lands shall vest in the State of Alaska as of December 2, 1980,
subject to those reservations specified in subsection (l) of this
section.
(2) As soon as practicable after December 2, 1980, the Secretary
shall issue to the State tentative approvals to such lands as required
by the Alaska Statehood Act and pursuant to subsection (i) of this
section. The sequence of issuance of such tentative approvals shall be
on the basis of priorities determined by the State.
(3) Upon approval of a land survey by the Secretary, those lands
identified in subsection (g) of this section shall be patented to the
State of Alaska.
(4) If the State elects to receive patent to any of the lands which
are identified in subsection (g) of this section on the basis of
protraction surveys in lieu of field surveys, the Secretary shall issue
patent to the State on that basis within six months after notice of such
election for townships having no adverse claims on the public land
records. For townships having such adverse claims of record, patent on
the basis of protraction surveys shall be issued as soon as practicable
after such election.
(i) Adjudication
Nothing contained in this section shall relieve the Secretary of the
duty to adjudicate conflicting claims regarding the lands specified in
subsection (g) of this section, or otherwise selected under authority of
the Alaska Statehood Act, subsection (b) of this section, or other law,
prior to the issuance of tentative approval.
(j) Clarification of land status outside units
As to lands outside the boundaries of a conservation system unit,
National Recreation Areas, National Conservation Areas, new national
forests and forest additions, the following withdrawals,
classifications, or designations shall not, of themselves, remove the
lands involved from the status of vacant, unappropriated, and unreserved
lands for the purposes of subsection (d) or (g) of this section and
future State selections pursuant to the Alaska Statehood Act or
subsection (b) of this section:
(1) withdrawals for classification pursuant to section 17(d)(1)
of the Alaska Native Claims Settlement Act [43 U.S.C. 1616(d)(1)];
except that, in accordance with the Memorandum of Understanding
between the United States and the State of Alaska dated September 2,
1972, to the extent that Public Land Orders Numbered 5150, 5151,
5181, 5182, 5184, 5187, 5190, 5194, and 5388 by their terms continue
to prohibit State selections of certain lands, such lands shall
remain unavailable for future State selection except as provided by
subsection (e) of this Act; \1\
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\1\ So in original. Probably should be ``subsection (e) of this
section;''.
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(2) withdrawals pursuant to section 11 of the Alaska Native
Claims Settlement Act [43 U.S.C. 1610], which are not finally
conveyed pursuant to section 12, 14, or 19 of such Act [43 U.S.C.
1611, 1613, or 1618];
(3) classifications pursuant to the Classification and Multiple
Use Act (78 Stat. 987);
(4) classifications or designations pursuant to the National
Forest Management Act (90 Stat. 2949) as amended; and
(5) classifications, withdrawals exceeding 5,000 acres (except
withdrawals exceeding 5,000 acres which the Congress, by concurrent
resolution, approves within 180 days of the withdrawal or December
2, 1980, whichever occurs later), or designations pursuant to the
Federal Land Policy and Management Act (90 Stat. 2743) [43 U.S.C.
1701 et seq.].
(k) Interim provisions
Notwithstanding any other provision of law, on lands selected by, or
granted or conveyed to, the State of Alaska under section 6 of the
Alaska Statehood Act or this Act, but not yet tentatively approved to
the State:
(1) The Secretary is authorized to make contracts and grant
leases, licenses, permits, rights-of-way, or easements, and any
tentative approval or patent shall be subject to such contract,
lease, license, permit, right-of-way, or easement; except that (A)
the authority granted the Secretary by this subsection is that
authority the Secretary otherwise would have had under existing laws
and regulations had the lands not been selected by the State, and
(B) the State has concurred prior to such action by the Secretary.
(2) On and after December 2, 1980, 90 per centum of any and all
proceeds derived from contracts, leases, licenses, permits, rights-
of-way, or easements or from trespasses originating after the date
of selection by the State shall be held by the Secretary until such
lands have been tentatively approved to the State. As such lands are
tentatively approved, the Secretary shall pay to the State from such
account the proceeds allocable to such lands which are derived from
contracts, leases, licenses, permits, rights-of-way, easements, or
trespasses. The proceeds derived from contracts, leases, licenses,
permits, rights-of-way, easements or trespasses and deposited to the
account pertaining to lands selected by the State but not
tentatively approved due to rejection or relinquishment shall be
paid as would have been required by law were it not for the
provisions of this Act. In the event that the tentative approval
does not cover all of the land embraced within any contract, lease,
license, permit, right-of-way, easement, or trespass, the State
shall only be entitled to the proportionate amount of the proceeds
derived from such contract, lease, license, permit, right-of-way, or
easement, which results from multiplying the total of such proceeds
by a fraction in which the numerator is the acreage of such
contract, lease, license, permit, right-of-way, or easement which is
included in the tentative approval and the denominator is the total
acreage contained in such contract, lease, license, permit, right-
of-way, or easement; in the case of trespass, the State shall be
entitled to the proportionate share of the proceeds in relation to
the damages occurring on the respective lands.
(3) Nothing in this subsection shall relieve the State or the
United States of any obligations under section 9 of the Alaska
Native Claims Settlement Act [43 U.S.C. 1608] or the fourth sentence
of section 6(h) of the Alaska Statehood Act.
(l) Existing rights
(1) All conveyances to the State under section 6 of the Alaska
Statehood Act, this Act, or any other law, shall be subject to valid
existing rights, to Native selection rights under the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.], and to any right-of-way
or easement reserved for or appropriated by the United States prior to
selection of the underlying lands by the State of Alaska.
(2) Where, prior to a conveyance to the State, a right-of-way or
easement has been reserved for or appropriated by the United States or a
contract, lease, permit, right-of-way, or easement has been issued for
the lands, the conveyance shall contain provisions making it subject to
the right-of-way or easement reserved or appropriated and to the
contract, lease, license, permit, right-of-way, or easement issued or
granted, and also subject to the right of the United States, contractee,
lessee, licensee, permittee, or grantee to the complete enjoyment of all
rights, privileges, and benefits previously granted, issued, reserved,
or appropriated. Upon issuance of tentative approval, the State shall
succeed and become entitled to any and all interests of the United
States as contractor, lessor, licensor, permittor,\2\ 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.
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\2\ So in original. Probably should be ``permitter,''.
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(3) The administration of rights-of-way or easements reserved to the
United States in the tentative approval shall be in the United States,
including the right to grant an interest in such right-of-way or
easement in whole or in part.
(4) Where the lands tentatively approved do not include all of the
land involved with any contract, lease, license, permit, right-of-way,
or easement issued or granted, the administration of such contract,
lease, license, permit, right-of-way, or easement shall remain in the
United States unless the agency responsible for administration waives
such administration.
(5) Nothing in this subsection shall relieve the State or the United
States of any obligations under section 9 of the Alaska Native Claims
Settlement Act [43 U.S.C. 1608] or the fourth sentence of section 6(h)
of the Alaska Statehood Act.
(m) Extinguishment of certain time extensions
Any extensions of time periods granted to the State pursuant to
section 17(d)(2)(E) of the Alaska Native Claims Settlement Act [43
U.S.C. 1616(d)(2)(E)] are hereby extinguished, and the time periods
specified in subsections (a) and (b) of this section shall hereafter be
applicable to State selections.
(n) Effect on third-party rights
(1) Nothing in this section shall alter the rights or obligations of
any party with regard to section 12 of the Act of January 2, 1976
(Public Law 94-204), sections 4 and 5 of the Act of October 4, 1976
(Public Law 94-456), or section 3 of the Act of November 15, 1977
(Public Law 94-178).
(2) Any conveyance of land to or confirmation of prior selections of
the State made by this Act or selections allowed under this Act shall be
subject to the rights of Cook Inlet Region, Incorporated, to nominate
lands outside of its region with such nominations to be superior to any
selection made by the State after July 18, 1975, including any lands
conveyed to the State pursuant to subsection (g) of this section, and to
the duty of the Secretary, with consent of the State, to make certain
lands within the Cook Inlet Region available to the Corporation, both in
accordance with the provisions of section 12(b) of the Act of January 2,
1976 (Public Law 94-204), as amended.
(3) Nothing in this chapter shall prejudice a claim of validity or
invalidity regarding any third-party interest created by the State of
Alaska prior to December 18, 1971, under authority of section 6(g) of
the Alaska Statehood Act or otherwise.
(4) Nothing in this Act shall affect any right of the United States
or Alaska Natives to seek and receive damages against any party for
trespass against, or other interference with, aboriginal interests if
any, occurring prior to December 18, 1971.
(o) Status of lands within units
(1) Notwithstanding any other provision of law, subject to valid
existing rights any land withdrawn pursuant to section 17(d)(1) of the
Alaska Native Claims Settlement Act [43 U.S.C. 1616(d)(1)] and within
the boundaries of any conservation system unit, National Recreation
Area, National Conservation Area, new national forest or forest
addition, shall be added to such unit and administered accordingly
unless, before, on, or after December 2, 1980, such land has been
validly selected by and conveyed to a Native Corporation, or unless
before December 2, 1980, such land has been validly selected by, and
after December 2, 1980, is conveyed to the State. At such time as the
entitlement of any Native Corporation to land under the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.] is satisfied, any land
within a conservation system unit selected by such Native Corporation
shall, to the extent that such land is in excess of its entitlement,
become part of such unit and administered accordingly: Provided, That
nothing in this subsection shall necessarily preclude the future
conveyance to the State of those Federal lands which are specified in a
list dated October 19, 1979, submitted by the State of Alaska and on
file with the Office of the Secretary: Provided further, That nothing in
this subsection shall affect any conveyance to the State pursuant to
subsections (b), (c), (d), or (g) of this section.
(2) Until conveyed, all Federal lands within the boundaries of a
conservation system unit, National Recreation Area, National
Conservation Area, new national forest or forest addition, shall be
administered in accordance with the laws applicable to such unit.
(p) PYK line
The second proviso of section 6(b) of the Alaska Statehood Act
regarding Presidential approval of land selection north and west of the
line described in section 10 of such Act shall not apply to any
conveyance of land to the State pursuant to subsections (c), (d), and
(g) of this section but shall apply to future State selections.
(Pub. L. 96-487, title IX, Sec. 906, Dec. 2, 1980, 94 Stat. 2437.)
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. (b)(1), is act Mar.
4, 1915, ch. 181, Sec. 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, Pub. L. 85-508, Sec. 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 Pub. L. 85-508,
July 7, 1958, 72 Stat. 339, as amended, 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 Pub. L.
92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified
generally to chapter 33 (Sec. 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 Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended,
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 Pub. 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, Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended. 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, Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is
classified principally to chapter 35 (Sec. 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 Pub. L. 94-204, Jan. 2,
1976, 89 Stat. 1150, as amended, 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 Pub. 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 Pub. 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 Pub. 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 Pub. 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 Pub. L. 96-487. Subsecs. (a)
and (f)(3) of section 906 of Pub. L. 96-487 amended section 6(a) and
(b), and section 6(g), respectively, of the Alaska Statehood Act, 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.
In subsec. (j)(5), ``December 2, 1980'' substituted for ``the
effective date of this Act'', which probably meant the date of enactment
of Pub. L. 96-487.
Section Referred to in Other Sections
This section is referred to in section 1617 of this title.
