§ 1636. — Alaska land bank.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1636]
TITLE 43--PUBLIC LANDS
CHAPTER 33A--IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
ALASKA STATEHOOD
Sec. 1636. Alaska land bank
(a) Establishment; agreements
(1) In order to enhance the quantity and quality of Alaska's
renewable resources and to facilitate the coordinated management and
protection of Federal, State, and Native and other private lands, there
is hereby established the Alaska Land Bank Program. Any private
landowner is authorized as provided in this section to enter into a
written agreement with the Secretary if his lands adjoin, or his use of
such lands would directly affect, Federal land, Federal and State land,
or State land if the State is not participating in the program. Any
private landowner described in subsection (d)(1) of this section whose
lands do not adjoin, or whose use of such lands would not directly
affect either Federal or State lands also is entitled to enter into an
agreement with the Secretary. Any private landowner whose lands adjoin,
or whose use of such lands would directly affect, only State, or State
and private lands, is authorized as provided in this section to enter
into an agreement with the State of Alaska if the State is participating
in the program. If the Secretary is the contracting party with the
private landowner, he shall afford the State an opportunity to
participate in negotiations and become a party to the agreement. An
agreement may include all or part of the lands of any private landowner:
Provided, That no lands shall be included in the agreement unless the
Secretary, or the State, determines that the purposes of the program
will be promoted by their inclusion.
(2) If a private landowner consents to the inclusion in an agreement
of the stipulations provided in subsections (b)(1), (b)(2), (b)(4),
(b)(5), and (b)(7) of this section, and if such owner does not insist on
any additional terms which are unacceptable to the Secretary or the
State, as appropriate, the owner shall be entitled to enter into an
agreement pursuant to this section. If an agreement is not executed
within one hundred and twenty days of the date on which a private
landowner communicates in writing his consent to the stipulations
referred to in the preceding sentence, the appropriate Secretary or
State agency head shall execute an agreement. Upon such execution, the
private owner shall receive the benefits provided in subsection (c)
hereof.
(3) No agreement under this section shall be construed as affecting
any land, or any right or interest in land, of any owner not a party to
such agreement.
(b) Terms of agreement
Each agreement referred to in subsection (a) of this section shall
have an initial term of ten years, with provisions, if any, for renewal
for additional periods of five years. Such agreement shall contain the
following terms:
(1) The landowner shall not alienate, transfer, assign,
mortgage, or pledge the lands subject to the agreement except as
provided in section 14(c) of the Alaska Native Claims Settlement Act
[43 U.S.C. 1613(c)], or permit development or improvement on such
lands except as provided in the agreement. For the purposes of this
section only, each agreement entered into with a landowner described
in subsection (d)(1) of this section shall constitute a restriction
against alienation imposed by the United States upon the lands
subject to the agreement.
(2) Lands subject to the agreement shall be managed by the owner
in a manner compatible with the management plan, if any, for the
adjoining Federal or State lands, and with the requirements of this
subsection. If lands subject to the agreement do not adjoin either
Federal or State lands, they shall be managed in a manner compatible
with the management plan, if any, of Federal or State lands which
would be directly affected by the use of such private lands. If no
such plan has been adopted, or if the use of such private lands
would not directly affect either Federal or State lands, the owner
shall manage such lands in accordance with the provisions in
paragraph (1) of this subsection. Except as provided in (3) \1\ 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.
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\1\ So in original. Probably should be ``paragraph (3)''.
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(3) If the surface landowner so consents, such lands may be made
available for local or other recreational use: Provided, That the
refusal of a private landowner to permit the uses referred to in
this subsection shall not be grounds for the refusal of the
Secretary or the State to enter into an agreement with the landowner
under this section.
(4) Appropriate Federal and/or State agency heads shall have
reasonable access to such privately owned land for purposes relating
to the administration of the adjoining Federal or State lands, and
to carry out their obligations under the agreement.
(5) Reasonable access to such land by officers of the State
shall be permitted for purposes of conserving fish and wildlife.
(6) Those services or other consideration which the appropriate
Secretary or the State shall provide to the owner pursuant to
subsection (c)(1) of this section shall be set forth.
(7) All or part of the lands subject to the agreement may be
withdrawn from the Alaska land bank program not earlier than ninety
days after the landowner--
(A) submits written notice thereof to the other parties
which are signatory to the agreement; and
(B) pays all Federal, State and local property taxes and
assessments which, during the particular term then in effect,
would have been incurred except for the agreement, together with
interest on such taxes and assessments in an amount to be
determined at the highest rate of interest charged with respect
to delinquent property taxes by the Federal, State or local
taxing authority, if any.
(8) The agreement may contain such additional terms, which are
consistent with the provisions of this section, as seem desirable to
the parties entering into the agreement: Provided, That the refusal
of the landowner to agree to any additional terms shall not be
grounds for the refusal of the Secretary or the State to enter into
an agreement with the landowner under this section.
(c) Benefits to private landowners
(1) In addition to any requirement of applicable law, the
appropriate Secretary is authorized to provide technical and other
assistance with respect to fire control, trespass control, resource and
land use planning, and the protection, maintenance, and enhancement of
any special values of the land subject to the agreement, all with or
without reimbursement as agreed upon by the parties, so long as the
landowner is in compliance with the agreement.
(2) The provision 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 made pursuant to this section so long as the
parties to the agreement are in compliance therewith.
(d) Automatic protections for lands conveyed pursuant to Alaska Native
Claims Settlement Act
(1)(A) Notwithstanding any other provision of law or doctrine of
equity, all land and interests in land in Alaska conveyed by the Federal
Government pursuant to the Alaska Native Claims Settlement Act [43
U.S.C. 1601 et seq.] to a Native individual or Native Corporation or
subsequently reconveyed by a Native Corporation pursuant to section 39
of that Act [43 U.S.C. 1629e] to a Settlement Trust or conveyed to a
Native Corporation pursuant to an exchange authorized by section 22(f)
of the Alaska Native Claims Settlement Act [43 U.S.C. 1621(f)] or
section 3192(h) of title 16 or other applicable law shall be exempt, so
long as such land and interests are not developed or leased or sold to
third parties from--
(i) adverse possession and similar claims based upon estoppel;
(ii) real property taxes by any governmental entity;
(iii) judgments resulting from a claim based upon or arising
under--
(I) title 11 or any successor statute,
(II) other insolvency or moratorium laws, or
(III) other laws generally affecting creditors' rights;
(iv) judgments in any action at law or in equity to recover sums
owed or penalties incurred by a Native Corporation or Settlement
Trust or any employee, officer, director, or shareholder of such
corporation or trust, unless this exemption is contractually waived
prior to the commencement of such action; and
(v) involuntary distributions or conveyances related to the
involuntary dissolution of a Native Corporation or Settlement Trust.
(B) Except as otherwise provided \2\ specifically provided, the
exemptions described in subparagraph (A) shall apply to any claim or
judgment existing on or arising after February 3, 1988.
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\2\ So in original. The word ``provided'' probably should not
appear.
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(2) Definitions.--(A) For purposes of this subsection, the term--
(i) ``Developed'' means a purposeful modification of land, or an
interest in land, from its original state that effectuates a
condition of gainful and productive present use without further
substantial modification. Any such modification shall be performed
by the Native individual or Native Corporation. Surveying,
construction of roads, providing utilities, or other similar
actions, which are normally considered to be component parts of the
development process but do not create the condition described in the
preceding sentence, shall not constitute a developed state within
the meaning of this clause. In order to terminate the exemptions
listed in paragraph (1), land, or an interest in land, must be
developed for purposes other than exploration, and the exemptions
will be terminated only with respect to the smallest practicable
tract actually used in the developed state. Any lands previously
developed by third-party trespassers shall not be considered to have
been developed.; \3\
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\3\ So in original. The period probably should not appear.
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(ii) ``Exploration'' means the examination and investigation of
undeveloped land to determine the existence of subsurface
nonrenewable resources; and
(iii) ``Leased'' means subjected to a grant of primary
possession entered into for a gainful purpose with a determinable
fee remaining in the hands of the grantor. With respect to a lease
that conveys rights of exploration and development, the exemptions
listed in paragraph (1) shall continue with respect to that portion
of the leased tract that is used solely for the purposes of
exploration.
(B) For purposes of this subsection--
(i) land shall not be considered developed solely as a result
of--
(I) the construction, installation, or placement upon such
land of any structure, fixture, device, or other improvement
intended to enable, assist, or otherwise further subsistence
uses or other customary or traditional uses of such land, or
(II) the receipt of fees related to hunting, fishing, and
guiding activities conducted on such land;
(ii) land upon which timber resources are being harvested shall
be considered developed only during the period of such harvest and
only to the extent that such land is integrally related to the
timber harvesting operation;
(iii) land subdivided by a State or local platting authority on
the basis of a subdivision plat submitted by the holder of the land
or its agent, shall be considered developed on the date an approved
subdivision plat is recorded by such holder or agent unless the
subdivided property is a remainder parcel; and
(iv) lands or interest in lands shall not be considered
developed or leased or sold to a third party as a result of an
exchange or conveyance of such land or interest in land between or
among Native Corporations and trusts, partnerships, corporations, or
joint ventures, whose beneficiaries, partners, shareholders, or
joint venturers are Native Corporations.
(3) Action by a Trustee.--(A) Except as provided in this paragraph
and in section 14(c)(3) of the Alaska Native Claims Settlement Act [43
U.S.C. 1613(c)(3)] no trustee, receiver, or custodian vested pursuant to
applicable Federal or State law with a right, title, or interest of a
Native individual or Native Corporation shall--
(i) assign or lease to a third party,
(ii) commence development or use of, or
(iii) convey to a third party,
any right, title, or interest in any land, or interests in land, subject
to the exemptions described in paragraph (1).
(B) The prohibitions of subparagraph (A) shall not apply--
(i) when the actions of such trustee, receiver, or custodian are
for purposes of exploration or pursuant to a judgment in law or in
equity (or arbitration award) arising out of any claim made pursuant
to section 7(i) or section 14(c) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1606(i) or 1613(c)];
(ii) to any land, or interest in land, which has been--
(I) developed or leased prior to the vesting of the trustee,
receiver, or custodian with the right, title, or interest of the
Native Corporation; or
(II) expressly pledged as security for any loan or expressly
committed to any commercial transaction in a valid agreement; or
(iii) to actions by any trustee whose right, title, or interest
in land or interests in land arises pursuant to an agreement between
or among Native Corporations and trusts, partnerships, or joint
ventures whose beneficiaries, partners, shareholders, or joint
venturers are Native Corporations.
(4) Exclusions, Reattachment of Exemptions.--(A) The exemptions
listed in paragraph (1) shall not apply to any land, or interest in
land, which is--
(i) developed or leased or sold to a third party;
(ii) held by a Native Corporation in which neither--
(I) the Settlement Common Stock of the corporation,
(II) the Settlement Common Stock of the corporation and
other stock of the corporation held by holders of Settlement
Common Stock, nor
(III) the Settlement Common Stock of the corporation and
other stock of the corporation held by holders of Settlement
Common Stock and by Natives and descendants of Natives,
represents a majority of either the total equity of the corporation
or the total voting power of the corporation for the purposes of
electing directors; or
(iii) held by a Settlement Trust with respect to which any of
the conditions set forth in section 39 of the Alaska Native Claims
Settlement Act [43 U.S.C. 1629e] have been violated.
(B) The exemptions described in clauses (iii), (iv), and (v) of
paragraph (1)(A) shall not apply to any land, or interest in land--
(i) to the extent that such land or interest is expressly
pledged as security for any loan or expressly committed to any
commercial transaction in a valid agreement, and
(ii) to the extent necessary to enforce a judgment in any action
at law or in equity (or any arbitration award) arising out of any
claim made pursuant to section 7(i) or section 14(c) of the Alaska
Native Claims Settlement Act [43 U.S.C. 1606(i) or 1613(c)].
(C) If the exemptions listed in paragraph (1) are terminated with
respect to land, or an interest in land, as a result of development (or
a lease to a third party), and such land, or interest in land,
subsequently reverts to an undeveloped state (or the third-party lease
is terminated), then the exemptions shall again apply to such land, or
interest in land, in accordance with the provisions of this subsection.
(5) Tax Recapture Upon Subdivision Plat Recordation.--(A) Upon the
recordation with an appropriate government authority of an approved
subdivision plat submitted by, or on behalf of, a Native individual,
Native Corporation, or Settlement Trust with respect to land described
in paragraph (1), such individual, corporation, or trust shall pay in
accordance with this paragraph all State and local property taxes on the
smallest practicable tract integrally related to the subdivision project
that would have been incurred by the individual, corporation, or trust
on such land (excluding the value of subsurface resources and timber) in
the absence of the exemption described in paragraph (1)(A)(ii) during
the thirty months prior to the date of the recordation of the plat.
(B) State and local property taxes specified in subparagraph (A) of
this paragraph (together with interest at the rate of 5 per centum per
annum commencing on the date of recordation of the subdivision plat)
shall be paid in equal semi-annual installments over a two-year period
commencing on the date six months after the date of recordation of the
subdivision plat.
(C) At least thirty days prior to final approval of a plat of the
type described in subparagraph (A), the government entity with
jurisdiction over the plat shall notify the submitting individual,
corporation, or trust of the estimated tax liability that would be
incurred as a result of the recordation of the plat at the time of final
approval.
(6) Savings.--(A) No provision of this subsection shall be construed
to impair, or otherwise affect, any valid contract or other obligation
that was entered into prior to February 3, 1988.
(B) Enactment of this subsection shall not affect any real property
tax claim in litigation on February 3, 1988.
(e) Condemnation
All land subject to an agreement made pursuant to subsection (a) of
this section and all land, and interests in land, conveyed or
subsequently reconveyed pursuant to the Alaska Native Claims Settlement
Act [43 U.S.C. 1601 et seq.] to a Native individual, Native Corporation,
or Settlement Trust shall be subject to condemnation for public purposes
in accordance with the provisions of this Act and other applicable law.
(f) Existing contracts
Nothing in this section shall be construed as impairing, or
otherwise affecting in any manner, any contract or other obligation
which was entered into prior to December 2, 1980, or which (1) applies
to any land which is subject to an agreement, and (2) was entered into
before the agreement becomes effective.
(g) State jurisdiction
Except as expressly provided in subsection (d) of this section, no
provision of this section shall be construed as affecting the civil or
criminal jurisdiction of the State of Alaska.
(Pub. L. 96-487, title IX, Sec. 907, Dec. 2, 1980, 94 Stat. 2444; Pub.
L. 100-241, Sec. 11, Feb. 3, 1988, 101 Stat. 1806; Pub. L. 105-333,
Secs. 1, 2, Oct. 31, 1998, 112 Stat. 3129.)
References in Text
The Alaska Native Claims Settlement Act, referred to in subsecs.
(d)(1)(A) and (e), 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 subsec. (e), 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.
Amendments
1998--Subsec. (d)(1)(A). Pub. L. 105-333, Sec. 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). Pub. L. 105-333, Sec. 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.
Pub. L. 105-333, Sec. 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). Pub. L. 105-333, Sec. 1(b), added cl. (iv).
Subsec. (d)(3)(B)(iii). Pub. L. 105-333, Sec. 1(c), added cl. (iii).
1988--Subsec. (a)(1). Pub. L. 100-241, Sec. 11(1), (2), substituted
``subsection (d)(1) of this section'' for ``subsection (c)(2) of this
section'' and ``no lands shall be included'' for ``lands not owned by
landowners described in subsection (c)(2) of this section shall not be
included''.
Subsec. (b)(1). Pub. L. 100-241, Sec. 11(1), substituted
``subsection (d)(1) of this section'' for ``subsection (c)(2) of this
section''.
Subsec. (c). Pub. L. 100-241, Sec. 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.
Pub. L. 100-241, Sec. 11(1), substituted ``subsection (d)(1) of this
section'' for ``subsection (c)(2) of this section'' in pars. (3) and
(4)(A).
Subsec. (d). Pub. L. 100-241, Sec. 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)
of this section 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.''
Pub. L. 100-241, Sec. 11(1), substituted ``subsection (d)(1) of this
section'' for ``subsection (c)(2) of this section''.
Subsec. (e). Pub. L. 100-241, Sec. 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). Pub. L. 100-241, Sec. 11(4), added subsec. (g).
Section Referred to in Other Sections
This section is referred to in sections 1629b, 1629d of this title.
