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§ 1611. —  Native land selections.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 43USC1611]

 
                         TITLE 43--PUBLIC LANDS
 
               CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
 
Sec. 1611. Native land selections


(a) Acreage limitation; proximity of selections and size of sections and 
        units; waiver

    (1) During a period of three years from December 18, 1971, the 
Village Corporation for each Native village identified pursuant to 
section 1610 of this title shall select, in accordance with rules 
established by the Secretary, all of the township or townships in which 
any part of the village is located, plus an area that will make the 
total selection equal to the acreage to which the village is entitled 
under section 1613 of this title. The selection shall be made from lands 
withdrawn by section 1610(a) of this title: Provided, That no Village 
Corporation may select more than 69,120 acres from lands withdrawn by 
section 1610(a)(2) of this title, and not more than 69,120 acres from 
the National Wildlife Refuge System, and not more than 69,120 acres in a 
National Forest: Provided further, That when a Village Corporation 
selects the surface estate to lands within the National Wildlife Refuge 
System or Naval Petroleum Reserve Numbered 4, the Regional Corporation, 
for that region may select the subsurface estate in an equal acreage 
from other lands withdrawn in section 1610(a) of this title within the 
region, if possible.
    (2) Selections made under this subsection (a) of this section shall 
be contiguous and in reasonably compact tracts, except as separated by 
bodies of water or by lands which are unavailable for selection, and 
shall be in whole sections and, wherever feasible, in units of not less 
than 1,280 acres: Provided, That the Secretary in his discretion and 
upon the request of the concerned Village Corporation, may waive the 
whole section requirement where--
        (A)(i) a portion of available public lands of a section is 
    separated from other available public lands in the same section by 
    lands unavailable for selection or by a meanderable body of water;
        (ii) such waiver will not result in small isolated parcels of 
    available public land remaining after conveyance of selected lands 
    to Native Corporations; and
        (iii) such waiver would result in a better land ownership 
    pattern or improved land or resource management opportunity; or
        (B) the remaining available public lands in the section have 
    been selected and will be conveyed to another Native Corporation 
    under this chapter.

(b) Allocation; reallocation considerations

    The difference between twenty-two million acres and the total 
acreage selected by Village Corporations pursuant to subsection (a) of 
this section shall be allocated by the Secretary among the eleven 
Regional Corporations (which excludes the Regional Corporation for 
southeastern Alaska) on the basis of the number of Natives enrolled in 
each region. Each Regional Corporation shall reallocate such acreage 
among the Native villages within the region on an equitable basis after 
considering historic use, subsistence needs, and population. The action 
of the Secretary or the Corporation shall not be subject to judicial 
review. Each Village Corporation shall select the acreage allocated to 
it from the lands withdrawn by section 1610(a) of this title.

(c) Computation

    The difference between thirty-eight million acres and the 22 million 
acres selected by Village Corporations pursuant to subsections (a) and 
(b) of this section shall be allocated among the eleven Regional 
Corporations (which excludes the Regional Corporation for southeastern 
Alaska) as follows:
    (1) The number of acres each Regional Corporation is entitled to 
receive shall be computed (A) by determining on the basis of available 
data the percentages of all land in Alaska (excluding the southeastern 
region) that is within each of the eleven regions, (B) by applying that 
percentage to thirty-eight million acres reduced by the acreage in the 
southeastern region that is to be selected pursuant to section 1615 of 
this title, and (C) by deducting from the figure so computed the number 
of acres within that region selected pursuant to subsections (a) and (b) 
of this section.
    (2) In the event that the total number of acres selected within a 
region pursuant to subsections (a) and (b) of the section exceeds the 
percentage of the reduced thirty-eight million acres allotted to that 
region pursuant to subsection (c)(1)(B) of this section, that region 
shall not be entitled to receive any lands under this subsection (c). 
For each region so affected the difference between the acreage 
calculated pursuant to subsection (c)(1)(B) of this section and the 
acreage selected pursuant to subsections (a) and (b) of this section 
shall be deducted from the acreage calculated under subsection (c)(1)(C) 
of this section for the remaining regions which will select lands under 
this subsection (c). The reductions shall be apportioned among the 
remaining regions so that each region's share of the total reduction 
bears the same proportion to the total reduction as the total land area 
in that region (as calculated pursuant to subsection (c)(1)(A) of this 
section \1\ bears to the total land area in all of the regions whose 
allotments are to be reduced pursuant to this paragraph.
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    \1\ So in original. Probably should be followed by a closing 
parenthesis.
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    (3) Before the end of the fourth year after December 18, 1971, each 
Regional Corporation shall select the acreage allocated to it from the 
lands within the region withdrawn pursuant to section 1610(a)(1) of this 
title, and from the lands within the region withdrawn pursuant to 
section 1610(a)(3) of this title to the extent lands withdrawn pursuant 
to section 1610(a)(1) of this title are not sufficient to satisfy its 
allocation: Provided, That within the lands withdrawn by section 
1610(a)(1) of this title the Regional Corporation may select only even 
numbered townships in even numbered ranges, and only odd numbered 
townships in odd numbered ranges.
    (4) Where the public lands consist only of the mineral estate, or 
portion thereof, which is reserved by the United States upon patent of 
the balance of the estate under one of the public land laws, other than 
this chapter, the Regional Corporations may select as follows:
        (A) Where such public lands were not withdrawn pursuant to 
    section 1610(a)(3) of this title, but are surrounded by or 
    contiguous to lands withdrawn pursuant to section 1610(a)(3) of this 
    title, and filed upon for selection by a Regional Corporation, the 
    Corporation may, upon request, have such public land included in its 
    selection and considered by the Secretary to be withdrawn and 
    properly selected.
        (B) Where such public lands were withdrawn pursuant to section 
    1610(a)(1) of this title and are required to be selected by 
    paragraph (3) of this subsection, the Regional Corporation may, at 
    its option, exclude such public lands from its selection.
        (C) Where such public lands are surrounded by or contiguous to 
    subsurface lands obtained by a Regional Corporation under 
    subsections \2\ (a) or (b) of this section, the Corporation may, 
    upon request, have such public land conveyed to it.
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``subsection''.
---------------------------------------------------------------------------
        (D)(i) A Regional Corporation which elects to obtain public 
    lands under subparagraph (C) shall be limited to a total of not more 
    than 12,000 acres. Selection by a Regional Corporation of in lieu 
    surface acres under subparagraph (E) pursuant to an election under 
    subparagraph (C) shall not be made from any lands within a 
    conservation system unit (as that term is defined by section 3102(4) 
    of title 16).
        (ii) An election to obtain the public lands described in 
    subparagraph (A), (B), or (C) shall include all available parcels 
    within the township in which the public lands are located.
        (iii) For purposes of this subparagraph and subparagraph (C), 
    the term ``Regional Corporation'' shall refer only to Doyon, 
    Limited.
        (E) Where the Regional Corporation elects to obtain such public 
    lands under subparagraph (A), (B), or (C) of this paragraph, it may 
    select, within ninety days of receipt of notice from the Secretary, 
    the surface estate in an equal acreage from other public lands 
    withdrawn by the Secretary for that purpose. Such selections shall 
    be in units no smaller than a whole section, except where the 
    remaining entitlement is less than six hundred and forty acres, or 
    where an entire section is not available. Where possible, selections 
    shall be of lands from which the subsurface estate was selected by 
    that Regional Corporation pursuant to subsection (a)(1) of this 
    section or section 1613(h)(9) of this title, and, where possible, 
    all selections made under this section shall be contiguous to lands 
    already selected by the Regional Corporation or a Village 
    Corporation. The Secretary is authorized, as necessary, to withdraw 
    up to two times the acreage entitlement of the in lieu surface 
    estate from vacant, unappropriated, and unreserved public lands from 
    which the Regional Corporation may select such in lieu surface 
    estate except that the Secretary may withdraw public lands which had 
    been previously withdrawn pursuant to subsection 1616(d)(1) of this 
    title.
        (F) No mineral estate or in lieu surface estate shall be 
    available for selection within the National Petroleum Reserve--
    Alaska or within Wildlife Refuges as the boundaries of those refuges 
    exist on December 18, 1971.

    (5) Subparagraphs (A), (B), and (C) of paragraph (4) shall apply, 
notwithstanding the failure of the Regional Corporation to have appealed 
the rejection of a selection during the conveyance of the relevant 
surface estate.

(d) Village Corporation for Native village at Dutch Harbor; lands and 
        improvements and patent for Village Corporation

    To insure that the Village Corporation for the Native village at 
Dutch Harbor, if found eligible for land grants under this chapter, has 
a full opportunity to select lands within and near the village, no 
federally owned lands, whether improved or not, shall be disposed of 
pursuant to the Federal surplus property disposal laws for a period of 
two years from December 18, 1971. The Village Corporation may select 
such lands and improvements and receive patent to them pursuant to 
section 1613(a) of this title.

(e) Disputes over land selection rights and boundaries; arbitration

    Any dispute over the land selection rights and the boundaries of 
Village Corporations shall be resolved by a board of arbitrators 
consisting of one person selected by each of the Village Corporations 
involved, and an additional one or two persons, whichever is needed to 
make an odd number of arbitrators, such additional person or persons to 
be selected by the arbitrators selected by the Village Corporations.

(Pub. L. 92-203, Sec. 12, Dec. 18, 1971, 85 Stat. 701; Pub. L. 96-487, 
title XIV, Secs. 1402, 1403, Dec. 2, 1980, 94 Stat. 2492; Pub. L. 105-
333, Sec. 3, Oct. 31, 1998, 112 Stat. 3130.)

                       References in Text

    The public land laws, referred to in subsec. (c)(4), are classified 
generally to this title.
    For Federal surplus property disposal laws, referred to in subsec. 
(d), see, generally, subtitle I of Title 40, Public Buildings, Property, 
and Works.


                               Amendments

    1998--Subsec. (c)(4)(C), (D). Pub. L. 105-333, Sec. 3(a)(1), added 
subpars. (C) and (D). Former subpars. (C) and (D) redesignated (E) and 
(F), respectively.
    Subsec. (c)(4)(E). Pub. L. 105-333, Sec. 3(a), redesignated subpar. 
(C) as (E) and substituted ``(A), (B), or (C)'' for ``(A) or (B)''.
    Subsec. (c)(4)(F). Pub. L. 105-333, Sec. 3(a)(1), redesignated 
subpar. (D) as (F).
    Subsec. (c)(5). Pub. L. 105-333, Sec. 3(b), added par. (5).
    1980--Subsec. (a)(2). Pub. L. 96-487, Sec. 1402, inserted proviso 
specifying conditions under which Secretary in his discretion and upon 
request of concerned Village Corporation may waive the whole section 
requirement.
    Subsec. (c)(4). Pub. L. 96-487, Sec. 1403, added par. (4).


                              Separability

    Pub. L. 95-178, Sec. 3(b), Nov. 15, 1977, 91 Stat. 1370, provided 
that: ``If any provision of this Act [enacting section 1628 of this 
title, amending sections 1613 and 1615 of this title, and amending 
provisions set out as a note under this section] or the applicability 
thereof is held invalid, the validity of the remainder of this Act, of 
section 12 of the Act of January 2, 1976 (Public Law 94-204), as amended 
[set out below], of the document referred to in section 12(b) thereof, 
and the duties and obligations of the Secretary of the Interior, the 
State of Alaska, and Cook Inlet Region, Incorporated, with respect 
thereto, shall not be affected thereby.''


 Availability of Property Account for Purposes Involving Public Sale of 
                      Property by Federal Agencies

    Pub. L. 100-202, Sec. 101(j) [Sec. 127], Dec. 22, 1987, 101 Stat. 
1329-311, 1329-318, provided that: ``In addition to the purposes for 
which it is now available, the property account established by section 
12(b) of the Act of January 2, 1976, as amended (43 U.S.C. 1611 note) 
[section 12(b) of Pub. L. 94-204 set out below] shall be available 
hereafter for purposes involving any public sale of property by any 
agency of the United States, including the Department of Defense, or any 
element thereof.''


Authority To Convey Lands Under Application for Selection to Cook Inlet 
   Region, Inc., for Reconveyance to Village Corporations; Tender of 
 Conveyance of Described Land to Cook Inlet Region, Inc., Acceptance by 
                    Region, and Effect On Entitlement

    Pub. L. 94-456, Secs. 4, 5, Oct. 4, 1976, 90 Stat. 1935, provided 
that:
    ``Sec. 4. (a) The Secretary is authorized to convey lands under 
application for selection by Village Corporations within Cook Inlet 
Region to the Cook Inlet Region, Incorporated, for reconveyance by the 
Region to such Village Corporations. Such lands shall be conveyed as 
partial satisfaction of the statutory entitlement of such Village 
Corporations from lands withdrawn pursuant to section 11(a)(3) of the 
Alaska Native Claims Settlement Act [section 1610(a)(3) of this title] 
(hereinafter, The Settlement Act') [this chapter], and with the consent 
of the Region affected, as provided in section 12 of the Act of January 
2, 1976 (89 Stat. 1145, 1150) [set out as a note below], from lands 
outside the boundaries of Cook Inlet Region. This authority shall not be 
employed to increase or decrease the statutory entitlement of any 
Village Corporation or Cook Inlet Region, Incorporated. For the purposes 
of counting acres received in computing statutory entitlement, the 
Secretary shall count the number of acres or acre selections surrendered 
by Village Corporations in any exchange for any other lands or 
selections.
    ``(b) The Secretary shall not be required to survey any land 
conveyed pursuant to subsection 4(a) until the Village Corporation 
entitlement for all eligible Village Corporations has been conveyed. 
With respect to the conveyances made by the Secretary in the manner 
authorized by subsection 4(a), the Secretary shall survey the exterior 
boundaries of each entire area conveyed to Cook Inlet Region, 
Incorporated, pursuant to subsection 4(a) and monument to boundary lines 
at angle points and intervals of approximately two miles on straight 
lines. The Secretary shall not be required to provide ground survey or 
monumentation along meanderable water boundaries. Each township corner 
located within the exterior boundary of land conveyed shall be located 
and monumented. Any areas within such tracts that are to be reconveyed 
pursuant to section 14(C)(1) and (2) of the Settlement Act [section 
1613(c)(1) and (2) of this title] shall also be surveyed pursuant to 43 
C.F.R. 2650.
    ``(c) Conveyances made under the authority of subsection (a) of this 
section shall be considered conveyances under the Settlement Act [this 
chapter] and subject to the provisions of that Act, except as provided 
by this Act [amending section 1615(a) and (d) of this title and amending 
provisions set out as a note below].
    ``Sec. 5. (a) The Secretary shall, within sixty days after the 
effective date of this Act [Oct. 4, 1976], tender conveyance of the land 
described in subsection (b), subject to valid existing rights, to Cook 
Inlet Region, Incorporated. If the conveyance is accepted by the Region, 
such lands shall be considered 1,687.2 acre-equivalents within the 
meaning of paragraph I(C)(2)(e)(iii) of the Terms and Conditions as 
clarified August 31, 1976, and the Secretary's obligations under 
paragraph I(C) of those Terms and Conditions will be reduced 
accordingly. If, however, said section 12 of the Act of January 2, 1976 
[set out as a note below], does not take effect then the entitlement of 
Cook Inlet Region, Incorporated, under section 12(c) [section 1611(c) of 
this title] shall be reduced by 8,346 acres.
    ``(b) The land referred to in subsection (a) is described as a 
parcel of land located in section 7 of township 13 north, range 2 west 
of the Seward Meridian, Third Judicial District, State of Alaska; said 
parcel being all of Government lots 5 and 7 and that portion of the 
SE\1/4\ NW\1/4\ lying north of the north right-of-way line of the Glenn 
Highway, State of Alaska, Department of Highways Project No. F-042-1(2), 
and more particularly described as follows:
        ``Commencing at the north quarter corner of said section 7;
        ``thence south 00 degrees 12 minutes east, a distance of 1,320.0 
    feet, more or less, to the northeast corner of said southeast 
    quarter northwest quarter;
        ``thence west along the north line of southeast quarter 
    northwest quarter a distance of 94.0 feet, more or less, to the 
    north right-of-way line of the Glenn Highway and the true point of 
    beginning;
        ``thence south 53 degrees 16 minutes 15 seconds west along said 
    north right-of-way line, a distance of 1,415.0 feet, more or less, 
    to a point of curve being at right angles to centerline Station 216 
    plus 51.35;
        ``thence continuing along said north right-of-way line along a 
    curve to the right with a central angle of 12 degrees 51 minutes 34 
    seconds, having a radius of 5,595.58 feet for an arc distance of 
    105.0 feet, more or less, to a point of intersection of said north 
    right-of-way line with the west line of said southeast quarter 
    northwest quarter;
        ``thence north 00 degrees 12 minutes west along said west line, 
    being common with the east line of Government lot 5, a distance of 
    910.0 feet, more or less, to the northwest corner of said southeast 
    quarter northwest quarter;
        ``thence east along the north line of said southeast quarter 
    northwest quarter, a distance of 1,225.0 feet, more or less, to the 
    point of beginning; containing 56.24 acres, more or less.''


  Settlement of Claims and Consolidation of Ownership Among the United 
       States, the Cook Inlet Region, Inc. and the State of Alaska

    Pub. L. 94-204, Sec. 12, Jan. 2, 1976, 89 Stat. 1150, as amended by 
Pub. L. 94-456, Sec. 3, Oct. 4, 1976, 90 Stat. 1935; Pub. L. 95-178, 
Sec. 3(a), Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96-55, Sec. 2, Aug. 14, 
1979, 93 Stat. 386; Pub. L. 96-311, July 17, 1980, 94 Stat. 947; Pub. L. 
96-487, title XIV, Sec. 1435, Dec. 2, 1980, 94 Stat. 2545; Pub. L. 97-
468, title VI, Sec. 606(d), Jan. 14, 1983, 96 Stat. 2566; Pub. L. 99-
500, Sec. 101(h) [title III, Sec. 319], Oct. 18, 1986, 100 Stat. 1783-
242, 1783-286, and Pub. L. 99-591, Sec. 101(h) [title III, Sec. 319], 
Oct. 30, 1986, 100 Stat. 3341-242, 3341-287; Pub. L. 101-511, title 
VIII, Sec. 8133(a), Nov. 5, 1990, 104 Stat. 1909; Pub. L. 102-154, title 
III, Sec. 320, Nov. 13, 1991, 105 Stat. 1036; Pub. L. 103-204, 
Sec. 32(b), Dec. 17, 1993, 107 Stat. 2413, provided that:
    ``(a) The purpose of this section is to provide for the settlement 
of certain claims, and in so doing to consolidate ownership among the 
United States, the Cook Inlet Region Incorporated (hereinafter in this 
section referred to as the `Region'), and the State of Alaska, within 
the Cook Inlet area of Alaska in order to facilitate land management and 
to create land ownership patterns which encourage settlement and 
development in appropriate areas. The provisions of this section shall 
take effect at such time as all of the following have taken place:
        ``(1) the State of Alaska has conveyed or irrevocably obligated 
    itself to convey lands to the United States for exchange, hereby 
    authorized, with the Region in accordance with the document referred 
    to in subsection (b);
        ``(2) the Region and all plaintiffs/appellants have withdrawn 
    from Cook Inlet against Kleppe, numbered 75-2232, ninth circuit, and 
    such proceedings have been dismissed with prejudice; and
        ``(3) all Native village selections under section 12 of the 
    Settlement Act [section 1611 of this title] of the lands within Lake 
    Clark, Lake Kontrashibuna, and Mulchatna River deficiency 
    withdrawals have been irrevocably withdrawn and waived.
The conveyances described in paragraph (1) of this subsection shall not 
be subject to the provisions of section 6(i) of the Alaska Statehood Act 
(72 Stat. 339) [set out as note preceding section 21 of Title 48, 
Territories and Insular Possessions].
    ``(b) The Secretary shall make the following conveyances to the 
Region, in accordance with the specific terms, conditions, procedures, 
covenants, reservations, and other restrictions set forth in the 
document entitled `Terms and Conditions for Land Consolidation and 
Management in Cook Inlet Area', which was submitted to the House 
Committee on Interior and Insular Affairs on December 10, 1975, and 
clarified on August 31, 1976, the terms of which, as clarified, are 
hereby incorporated herein and ratified as to the duties and obligations 
of the United States and the Region, as a matter of Federal law.
        ``(1) title to approximately 10,240 acres of land within the 
    Kenai National Moose Range; except that there shall be no conveyance 
    of the bed of Lake Tustamena, or the mineral estate in the 
    waterfront zone described in the document referred to in this 
    subsection;
        ``(2) title to oil and gas and coal in not to exceed 9.5 
    townships within the Kenai National Moose Range;
        ``(3) title to Federal interests in township 10 south, range 9 
    west, F.M., and township 20 north, range 9 east, S.M.;
        ``(4) title to township 1 south, range 21 west, S.M.: sections 3 
    to 10, 15 to 22, 29, and 30; and rights to metalliferous minerals in 
    the following sections in township 1 north, range 21 west, S.M.: 
    sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36;
        ``(5) title to twenty-nine and sixty-six hundredths townships of 
    land outside the boundaries of Cook Inlet Region: unless pursuant to 
    the document referred to in this subsection a greater or lesser 
    entitlement shall exist, in which case the Secretary shall convey 
    such entitlement;
        ``(6) title to lands selected by the Region from a pool which 
    shall be established by the Secretary and the Administrator of 
    General Services: Provided, That conveyances pursuant to this 
    paragraph shall not be subject to the provisions of section 22(l) of 
    the Settlement Act [section 1621(l) of this title]: Provided 
    further, That conveyances pursuant to this paragraph shall be made 
    in exchange for lands or rights to select lands outside the 
    boundaries of Cook Inlet Region as described in paragraph (5) of 
    this subsection and on the basis of values determined by agreement 
    among the parties, notwithstanding any other provision of law. 
    Effective upon their conveyance, the lands referred to in paragraph 
    (1) of this subsection are excluded from the Kenai National Moose 
    Range, but they shall automatically become part of the range and 
    subject to the laws and regulations applicable thereto upon title 
    thereafter vesting in the United States. The Secretary is authorized 
    to acquire lands formerly within the range with the concurrence of 
    the Region so long as the Region owns such lands. Section 22(e) of 
    the Settlement Act [section 1621(e) of this title], concerning 
    refuge replacement, shall apply with respect to lands conveyed 
    pursuant to paragraphs (1) and (2) of this subsection, except that 
    the Secretary may designate for replacement land twice the amount of 
    any land conveyed without restriction to a native corporation.
        ``(7)(i) Until the obligations of the Secretary and the 
    Administrator of General Services under section 12(b)(5) and (6) of 
    this Act [subsec. (b)(5), (6) of this note] are otherwise fulfilled: 
    (a) Cook Inlet Region, Incorporated, may, by using the account 
    established in subsection 12(b)(7)(iv) [subsec. (b)(7)(iv) of this 
    note], bid, as any other bidder for property as defined in 
    subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of this note],, [sic] 
    wherever located, in accordance with the applicable laws and 
    regulations of the Federal agency or instrumentality offering such 
    property for sale. No preference right of any type will be offered 
    to Cook Inlet Region Incorporated, for bidding on property under 
    this section 12(b)(7) [subsec. (b)(7) of this note]. There shall be 
    no advertising other than that ordinarily required by such sale. 
    [sic] (b) the Administrator of General Services may, at the 
    discretion of the Administrator, tender to the Secretary any surplus 
    property otherwise to be disposed of pursuant to 40 U.S.C. 484(e)(3) 
    [now 40 U.S.C. 545(b)] to be offered Cook Inlet Region, Incorporated 
    for a period of 90 days so as to aid in the fulfillment of the 
    Secretary's program purposes under the Alaska Native Claims 
    Settlement Act [this chapter]: Provided, That nothing in these 
    subsections 12(b)(7)(i)(b) or (ii) [subsec. (b)(7)(i)(b) or (ii) of 
    this note] shall be construed to establish, enlarge or diminish 
    authority of the Administrator or the Secretary within the State of 
    Alaska. Prior to any disposition under subsection 12(b)(7)(i)(b) 
    [subsec. (b)(7)(i)(b) of this note], the Administrator shall notify 
    the governing body of the locality where such property is located 
    and any appropriate state agency, and no such disposition shall be 
    made if such governing body or state agency, within ninety days of 
    such notification formally advises the Administrator that it objects 
    to the proposed disposition.
        ``(ii) Subject to the exceptions stated in section 12(b)(9) 
    [subsec. (b)(9) of this note], and notwithstanding the foregoing 
    subsection 12(b)(7)(i) [subsec. (b)(7)(i) of this note] and any 
    provision of any other law or any implementing regulation 
    inconsistent with this subsection, until the obligations of the 
    Secretary and the Administrator of General Services under section 
    12(b)(5) and (6) [subsec. (b)(5) and (6) of this note] are otherwise 
    fulfilled:
            ``(A) concurrently with the commencement of screening of any 
        excess real property, wherever located, for utilization by 
        Federal agencies, the Administrator of General Services shall 
        notify the Region that such property may be available for 
        conveyance to the Region upon negotiated sale. Within fifteen 
        days of the date of receipt of such notice, the Region may 
        advise the Administrator that there is a tentative need for the 
        property to fulfill the obligations established under section 
        12(b)(5) and (6) [subsec. (b)(5) and (6) of this note]. If the 
        Administrator determines the property should be disposed of by 
        transfer to the Region, the Administrator or other appropriate 
        Federal official shall promptly transfer such property;
            ``(B) no disposition or conveyance of property under this 
        subsection to the Region shall be made until the Administrator, 
        after notice to affected State and local governments, has 
        provided to them such opportunity to obtain the property as is 
        recognized in title 40, United States Code and the regulations 
        thereunder for the disposition or conveyance of surplus 
        property; and
            ``(C) as used in this subsection, `real property' means any 
        land or interests in land owned or held by the United States or 
        any Federal agency, any improvements on such land or rights to 
        their use or exploitation, and any personal property related to 
        the land.
        ``(iii) If the Region accepts any conveyance under section 
    12(b)(7)(i) or (ii) [subsec. (b)(7)(i) or (ii) of this note], it 
    shall be in exchange for acres or acre-equivalents as provided in 
    subparagraph I(C)(2)(e) of the document referred to in this section, 
    except that, after the obligation of the Secretary and the 
    Administrator under subparagraph I(C)(2)(g) of that document has 
    been fulfilled, the acre-equivalents under subparagraph 
    I(C)(2)(e)(iii)(A) shall be one-half the valued increment therein 
    stated. The entitlement of the Region under section 12(b) of this 
    Act [subsec. (b) of this note] shall be reduced by the number of 
    acres or acre-equivalents attributed to the Region under this 
    subsection. The Secretary and the Administrator are directed to 
    execute an agreement with the Region which shall conform 
    substantially to the `Memorandum of Understanding Regarding the 
    Implementation of Section 12(b)(7)', dated September 10, 1982, and 
    submitted to the Senate Committee on Commerce, Science, and 
    Transportation. The Secretary, the Administrator and the Region may 
    thereafter otherwise agree to procedures to implement 
    responsibilities under this section 12(b)(7) [subsec. (b)(7) of this 
    note], including establishment of accounting procedures and the 
    delegation or reassignment of duties under this statute.
        ``(iv) The Secretary of the Treasury shall establish a Cook 
    Inlet Region, Incorporated property account, which shall be 
    available for the purpose of bidding on property, as defined in 
    subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of this note], or 
    paying for the conveyance of property pursuant to subsections 
    12(b)(7)(i) or (ii) [subsec. (b)(7)(i), (ii) of this note]. The 
    balance of the account shall be the sum of (1) the acre-equivalent 
    exchange value established by paragraph I(C)(2)(e)(iii)(A) of the 
    document referred to in this subsection, of the unfulfilled 
    entitlement of Cook Inlet Region, Incorporated, [on] December 2, 
    1980, to acre or acre-equivalents under paragraph I(C)(2)(g) of the 
    document referred to in this subsection 12(b) [subsec. (b) of this 
    note] and (2) one-half the acre or acre-equivalent exchange value 
    under subparagraph I(C)(2)(e)(iii)(A) of seven townships fewer than 
    the unfulfilled entitlement of the Region on the same date to acres 
    or acre-equivalents under paragraph I(C)(1) of the document referred 
    to in this section. The balance of the property account shall be 
    adjusted in accordance with subsection 12(b)(7)(iii) [subsec. 
    (b)(7)(iii) of this note] to reflect transfers or successful bids 
    under section 12(b)(5) and (6) of this section [subsec. (b)(5) and 
    (6) of this note] or payments of forfeited deposits, penalties, or 
    other assessments imposed under a valid bid or sales contract on 
    Cook Inlet Region, Incorporated.
        ``(v) The amount charged against the Treasury account 
    established under subsection 12(b)(7)(iv) [subsec. (b)(7)(iv) of 
    this note] for sales or transfers of property made pursuant to the 
    Federal Property and Administrative Services Act of 1949, 40 U.S.C. 
    sec. 471 et seq. [now chapters 1 to 11 of Title 40, Public 
    Buildings, Property, and Works, and title III of the Act of June 30, 
    1949 (41 U.S.C. 251 et seq.)], or any legislative or executive 
    delegation under that Act, shall be treated as proceeds of 
    dispositions of surplus property for the purpose of determining the 
    basis for calculating direct expenses pursuant to 40 U.S.C. 485(b) 
    [now 40 U.S.C. 572(a)], as amended.
        ``(vi) The basis for computing gain or loss on subsequent sale 
    or other disposition of lands or interests in land conveyed to Cook 
    Inlet Region, Incorporated, under this subsection, for purposes of 
    any Federal, State or local tax imposed on or measured by income, 
    shall be the fair value of such land or interest in land at the time 
    of receipt. The amount charged against Cook Inlet's entitlement 
    under I(C)(2)(e) of the document referred to in subsection (b) of 
    this section [subsec. (b) of this note] shall be prima facie 
    evidence of such fair value.
        ``(vii) Notwithstanding the definition of `property' found in 
    the Federal Property and Administrative Services Act of 1949, as 
    amended [see 40 U.S.C. 102(9)], as used in this section 12(b)(7) 
    [subsec. (b)(7) of this note], `property' means any property--real, 
    personal (including intangible assets sold or offered by the Federal 
    Deposit Insurance Corporation or the Resolution Trust Corporation, 
    such as financial instruments, notes, loans, and bonds), or mixed--
    owned, held, or controlled by the United States (including that in a 
    corporate capacity or as a receiver or conservator, or such other 
    similar fiduciary relationship), and offered for sale by any agency 
    or instrumentality of the United States, including but not limited 
    to the General Services Administration, Department of Defense, 
    Department of the Interior, Department of Agriculture, Department of 
    Housing and Urban Development, the United States Courts and any 
    Government corporation, agency or instrumentality subject to chapter 
    91 of title 31, United States Code; real property means any land or 
    interest in land or option to purchase land, any improvements on 
    such lands, or rights to their use or exploitation.
        ``(viii) Any charge against the property account and any 
    transfer of funds from the property account heretofore made for the 
    purpose of consummating any prior sale or making a deposit or other 
    payment to bind any contract of sale or paying any forfeiture of 
    deposit, penalty or assessment is hereby authorized, ratified and 
    affirmed.
        ``(8) Subject to the exceptions stated in section 12(b)(9) 
    [subsec. (b)(9) of this note], and notwithstanding any provisions of 
    law or implementing regulation inconsistent with this section:
            ``(i) The deadlines in subparagraphs I(C)(2)(a) and (g) of 
        the document referred to in this section shall be extended until 
        the Secretary's obligations under section 12(b)(5) and (6) 
        [subsec. (b)(5) and (6) of this note] are fulfilled: Provided, 
        That:
                ``(A) the obligation of the Secretary under subparagraph 
            I(C)(2)(a) of such document shall terminate on such date, 
            after July 15, 1984, that the Secretary has fulfilled his 
            obligation under subparagraph I(C)(2)(g) of that document: 
            Provided, That the obligation of the Secretary under 
            subparagraph I(C)(2)(g) of such document shall be fulfilled 
            at such date, after July 15, 1984, that the sum of the acres 
            or acre-equivalents identified for and placed in the pool 
            and the acres or acre-equivalents used by the Region in 
            purchasing property under section 12(b)(7) [subsec. (b)(7) 
            of this note] equals or exceeds 138,240 acres or acre-
            equivalents;
                ``(B) the authority of the Secretary under subparagraphs 
            I(C)(2)(b) and I(C)(2)(g)(ii) of such document to contribute 
            to the pool created under subparagraph I(C)(2)(a) of such 
            document shall terminate (a) on July 15, 1984, if, by that 
            date, the Secretary has fulfilled his obligation under 
            subparagraph I(C)(2)(g), or (b) if not, on such date after 
            July 15, 1984 as such obligation is fulfilled, or (c) if 
            such obligation remains unfulfilled, on July 15, 1987;
                ``(C) the concurrence by the State as described in 
            subparagraphs I(C)(2)(a)(vi) and I(C)(2)(c) of the document 
            referred to in this section shall be deemed not required 
            after the Secretary has fulfilled his obligation under 
            subparagraph I(C)(2)(g) of that document, but in no event 
            after July 15, 1987. In lieu of such concurrence, after 1984 
            as to military property, and after the Secretary has 
            fulfilled his obligation under subparagraph I(C)(2)(g) of 
            that document or July 15, 1987, whichever is earlier, as to 
            any other property, except property of the Alaska Railroad 
            which is governed by subsection 12(b)(6)(i)(D) of this Act 
            [probably means subpar. (i)(D) of this paragraph], the 
            Secretary shall not place any lands in the selection pool 
            referred to in subparagraphs I(C)(2)(a) and (g) of the 
            document referred to in this section without the prior 
            written concurrence of the State. Such concurrence shall be 
            deemed obtained unless the State advises the Secretary 
            within ninety days of receipt of a formal notice from the 
            Secretary that he is considering placing property in the 
            selection pool, that the State, or a municipality of the 
            State which includes all or part of the property in 
            question, requires the property for a public purpose of the 
            State or municipality; and
                ``(D) notwithstanding section 606(a)(2) of the Alaska 
            Railroad Transfer Act of 1982 [section 1205(a)(2) of Title 
            45, Railroads], the Secretary may include property of the 
            Alaska Railroad in the pool of lands to be made available 
            for selection to the extent that he is authorized to do so 
            under a provision of section 12(b) of this Act [subsec. (b) 
            of this note] if the State consents to its inclusion, which 
            consent is not subject to any limitation under subsection 
            12(b)(8)(i)(C) herein: Provided, That, while the Alaska 
            Railroad is the property of the United States, the Secretary 
            shall obtain the consent of the Secretary of Transportation 
            prior to including such property: And provided further, 
            That, if the transfer of the Alaska Railroad to the State 
            does not occur pursuant to the terms of the Alaska Railroad 
            Transfer Act of 1982 [see Short Title note set out under 
            section 1201 of Title 45] or any amendments thereto, the 
            State's consent shall be deemed obtained unless the State 
            advises the Secretary in writing, within ninety days of 
            receipt of a formal notice from the Secretary that he is 
            considering placing such property in the selection pool, 
            that the State, or a municipality of the State which 
            includes all or part of the property in question, requires 
            the property for a public purpose of the State or the 
            municipality.
            ``(ii) In addition to the review required to identify public 
        lands under section 3(e) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1602(e)), the Secretary shall identify for 
        inclusion in the pool all public lands (as such term is used 
        under section 3(e) of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602(e)), as described in subparagraph I(C)(2)(a)(v) 
        of the document referred to in this section, and shall, in so 
        doing, review all Federal installations within the boundaries of 
        the Cook Inlet Region whether within or without the areas 
        withdrawn pursuant to section 11 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1610) or by the Secretary acting under 
        authority contained in that section: Provided, That no such 
        additional review under such subparagraph shall be required of 
        military installations or of such other installations as may be 
        mutually excluded from review by the Region and the Secretary: 
        And provided further, That the Secretary shall not review any 
        property of the Alaska Railroad unless such property becomes 
        available for selection pursuant to subsection 12(b)(8)(i)(D) 
        [subsec. (b)(8)(i)(D) of this note].
            ``(iii) The concurrence required of the State as to the 
        inclusion of any property in the pool under subparagraph 
        I(C)(2)(b) of the document referred to in this section shall be 
        deemed obtained unless the State advises the Secretary in 
        writing, within ninety days of receipt of a formal notice from 
        the Secretary that the Secretary is considering placing property 
        in the selection pool, that the State, or a municipality of the 
        State which includes all or part of the property in question 
        requires the property for a public purpose of the State or the 
        municipality.
            ``(iv) The deadlines in subparagraph I(C)(1)(b) of the 
        document referred to in this section shall be extended for an 
        additional twenty-four months beyond the dates established in 
        the Act of July 17, 1980 (Public Law 96-311; 94 Stat. 947) 
        [amending this note].
            ``(v) On or before January 15, 1985, the Secretary shall 
        report to the Congress with respect to:
                ``(A) such studies and inquiries as shall have been 
            initiated by the Secretary and the Administrator of General 
            Services, or have been prepared by other holding agencies, 
            to determine what lands, except for lands held by the Alaska 
            Railroad or the State-owned railroad, within the boundaries 
            of the Cook Inlet Region or elsewhere can be made available 
            to the Region, to the extent of its entitlement;
                ``(B) the feasibility and appropriate nature of 
            reimbursement of the Region for its unfulfilled entitlement 
            as valued in subsection 12(b)(7)(iv) of this Act [subsec. 
            (b)(7)(iv) of this note];
                ``(C) the extent to which implementation of the 
            mechanisms established in section 12(b)(7) [subsec. (b)(7) 
            of this note] promise to meet such unfulfilled entitlement;
                ``(D) such other remedial legislation or administrative 
            action as may be needed; and
                ``(E) the need to terminate any mechanism established by 
            law through which the entitlement of the Region may be 
            completed.
        ``(9) No disposition or conveyance of property located within 
    the State to the Region under section 12(b)(6), 12(b)(7) and 
    12(b)(8), as amended [subsec. (b)(6) to (8) of this note], shall be 
    made if the property is subject to an express waiver of rights under 
    the provisions of subparagraph I(C)(2)(f) of the document referred 
    to in this section, or if such disposition or conveyance violates 
    valid rights, including valid selections or valid authorized 
    agreements, of Native Corporations (as such term is used in section 
    102(6) of the Alaska National Interest Lands Conservation Act (16 
    U.S.C. 3102(6)) or the State existing at the time of such 
    disposition or conveyance under section 6 of Public Law 85-508, as 
    amended [set out as a note preceding section 21 of Title 48, 
    Territories and Insular Possessions] (excepting section 906(e) of 
    the Alaska National Interest Lands Conservation Act [section 1635(e) 
    of this title]), sections 12(a), 12(b), 16(b) or 22(f) of the Alaska 
    Native Claims Settlement Act [subsec. (a) or (b) of this section or 
    section 1615(b) or 1621(f) of this title, respectively], section 
    12(h) of the Act of January 2, 1976 (Public Law 94-204; 89 Stat. 
    1154) [subsec. (h) of this note], or sections 1416, 1418 through 
    1425 (inclusive), 1427 through 1434 (inclusive), or 1436 of the 
    Alaska National Interest Lands Conservation Act [not classified to 
    the Code]: Provided, however, That nothing within this subsection 
    12(b)(9) [subsec. (b)(9) of this note] shall diminish such rights 
    and priorities as the Region has under section 12(b) of the Act of 
    January 2, 1976 (Public Law 94-204; 89 Stat. 1151), as amended by 
    section 4 of the Act of October 4, 1976 (Public Law 94-456; 90 Stat. 
    1935), section 3 of the Act of November 15, 1977 (Public Law 95-178; 
    91 Stat. 1369), section 2 of the Act of August 14, 1979 (Public Law 
    96-55; 93 Stat. 386), the Act of July 17, 1980 (Public Law 96-311; 
    94 Stat. 947), and section 1435 of the Alaska National Interest 
    Lands Conservation Act [subsec. (b) of this note].
        ``(10) For the purpose of its incorporation into this section, 
    paragraph I(C)(1) of the document referred to in this section is 
    amended as follows: (1) by striking `withdrawn' and inserting in 
    lieu thereof `withdrawn or formerly withdrawn'; (2) by striking 
    `17(d)(1)' and inserting in lieu thereof `17(d)(1) and (2)'; and (3) 
    by striking the last sentence of subparagraph I(C)(1)(a) and 
    inserting in lieu thereof the following: `Cook Inlet Region, 
    Incorporated shall not nominate any lands within the boundaries of 
    any conservation system unit, national conservation area, national 
    recreation area, national forest, defense withdrawal, or any lands 
    that were made available to the State for selection pursuant to 
    sections 2 and 5 of the State-Federal Agreement of September 1, 
    1972.'.
        ``(11) Notwithstanding the provisions of section 906 of the 
    Alaska National Interest Lands Conservation Act [section 1635 of 
    this title] and section 6(i) of the Alaska Statehood Act (72 Stat. 
    339) [set out in a note preceding section 21 of Title 48, 
    Territories and Insular Possessions];
            ``(i) The State is hereby authorized to convey to the United 
        States for reconveyance to the Region, and the Secretary is 
        directed to accept and so reconvey, lands tentatively approved 
        for patent or patented to the State, if the State and the Region 
        enter into an agreement that such lands shall be reconveyed to 
        the Region to fulfill all or part of its entitlement under 
        paragraph I(C)(1) of the document referred to in this section: 
        Provided, That the acreage of lands conveyed to the United 
        States under this provision shall be added to the State's 
        unfulfilled entitlement pursuant to section 6 of the Alaska 
        Statehood Act, and the number of townships to be nominated, 
        pooled, struck, selected and conveyed pursuant to paragraph 
        I(C)(1) of the document referred to in this section shall be 
        reduced accordingly.
            ``(ii) The Secretary is directed to convey to the Region 
        lands selected by the State prior to July 18, 1973 or pursuant 
        to sections 2 and 5 of the State-Federal Agreement of September 
        1, 1972, if the State relinquishes such selections and enters 
        into an agreement with the Region that such lands shall be 
        reconveyed to the Region to fulfill all or part of its 
        entitlement under paragraph I(C)(1) of the document referred to 
        in this section, and the number of townships to be nominated, 
        pooled, struck, selected and conveyed pursuant to paragraph 
        I(C)(1) of the document referred to in this section shall be 
        reduced accordingly.
            ``(iii) The Secretary, in the Secretary's discretion, is 
        authorized to enter into an agreement with the State and the 
        Region to implement the authority contained in this section 
        12(b)(11) [subsec. (b)(11) of this note], which agreement may 
        provide for conveyances directly from the State to the Region. 
        Conveyances directly conveyed shall be deemed conveyances from 
        the Secretary pursuant to the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1601 et seq.).
    ``(c) The lands and interests conveyed to the Region under the 
foregoing subsections of this section and the lands provided by the 
State exchange under subsection (a)(1) of this section, shall be 
considered and treated as conveyances under the Settlement Act [this 
chapter] unless otherwise provided, and shall constitute the Region's 
full entitlement under sections 12(c) and 14(h)(8) of the Settlement Act 
[sections 1611(c) and 1613(h)(8) of this title]. Of such lands, 3.58 
townships of oil and gas and coal in the Kenai National Moose Range 
shall constitute the full surface and subsurface entitlement of the 
Region under section 14(h)(8) [section 1613(h)(8) of this title]. The 
lands which would comprise the difference in acreage between the lands 
actually conveyed under and referred to in the foregoing subsections of 
this section, and any final determination of what the Region's acreage 
rights under sections 12(c) and 14(h)(8) of the Settlement Act [sections 
1611(c) and 1613(h)(8) of this title] would have been, if the 
conveyances set forth in this section to the Region had not been 
executed, shall be retained by the United States and shall not be 
available for conveyance to any Regional Corporation or Village 
Corporation, notwithstanding any provisions of the Settlement Act [this 
chapter] to the contrary.
    ``(d)(1) The Secretary shall convey to the State of Alaska all 
right, title, and interest of the United States in and to all of the 
following lands:
        ``(i) At least 22.8 townships and no more than 27 townships of 
    land from those presently withdrawn under section 17(d)(2) of the 
    Settlement Act [section 1616(d)(2) of this title] in the Lake 
    Iliamna area and within the Nushagak River or Koksetana River 
    drainages near lands heretofore selected by the State, the amount 
    and identities of which shall be determined pursuant to the document 
    referred to in subsection (b); and
        ``(ii) 26 townships of lands in the Talkeetna Mountains, 
    Kamishak Bay, and Tutna Lake areas, the identities of which are set 
    forth in the document referred to in subsection (b).
All lands granted to the State of Alaska pursuant to this subsection 
shall be regarded for all purposes as if conveyed to the State under and 
pursuant to section 6 of the Alaska Statehood Act [set out as a note 
preceding section 21 of Title 48, Territories and Insular Possessions]: 
Provided, however, That this grant of lands shall not constitute a 
charge against the total acreage to which the State is entitled under 
section 6(b) of the Alaska Statehood Act.
    ``(2) The Secretary is authorized and directed to convey to the 
State of Alaska, without consideration, all right, title, and interest 
of the United States in and to all that tract generally known as the 
Campbell tract and more particularly identified in the document referred 
to in subsection (b) except for one compact union of land, which he 
determines, after consultation with the State of Alaska, is actually 
needed by the Bureau of Land Management for its present operations: 
Provided, That in no event shall the unit of land so excepted exceed 
1,000 acres in size. The land authorized to be conveyed pursuant to this 
paragraph shall be used for public parks and recreational purposes and 
other compatible public purposes. An area encompassing approximately 
sixty-two acres and depicted on the map entitled `Native Heritage Park 
Proposal' and on file with the Secretary shall be managed in accordance 
with the generalized land use plan outlined in the Greater Anchorage 
Area Borough's Far North Bicentennial Park Master Development Plan of 
September 1974. Except as provided otherwise in this paragraph, in 
making the conveyance authorized and required by this paragraph, the 
Secretary shall utilize the procedures of the Recreation and Public 
Purposes Act (44 Stat. 741), as amended [section 869 et seq. of this 
title], and regulations developed pursuant to that Act, and the 
conveyance of such lands shall also contain a provision that, if the 
lands cease to be used for the purposes for which they were conveyed; 
the lands and title thereto shall revert to the United States: Provided, 
however, That the acreage limitation provided by section 1(b) of that 
Act, as amended by the Act of June 4, 1954 (68 Stat. 173) [section 
869(b) of this title], shall not apply to this conveyance, nor shall the 
lands conveyed pursuant to this paragraph be counted against that 
acreage limitation with respect to the State of Alaska or any 
subdivision thereof: Provided further, That to the extent necessary, any 
and all conveyance documents executed concerning the conveyance of the 
lands referred to in this proviso shall be deemed amended accordingly to 
conform to this proviso.
    ``(3) The Secretary is authorized and directed to make available for 
selection by the State, in its discretion, under section 6 of the Alaska 
Statehood Act [set out as a note preceding section 21 of Title 48, 
Territories and Insular Possessions], 12.4 townships of land to be 
selected from lands within the Talkeetna Mountains and Koksetna River 
area as described in the document referred to in subsection (b).
    ``(e) The Secretary may, notwithstanding any other provision of law 
to the contrary, convey title to lands and interests in lands selected 
by Native corporations within the exterior boundaries of Power Site 
Classification 443, February 13, 1958, to such corporations, subject to 
the reservations required by section 24 of the Federal Power Act 
[section 818 of Title 16, Conservation]. This conveyance shall be 
considered and treated as a conveyance under the Settlement Act [this 
chapter].
    ``(f) All conveyances of lands made or to be made by the State of 
Alaska in satisfaction of the terms and conditions of the document 
referred to in subsection (b) of this section shall pass all of the 
State's right, title, and interest in such lands, including the minerals 
therein, as if those conveyances were made pursuant to section 22(f) of 
the Settlement Act [section 1621(f) of this title], except that 
dedicated or platted section line easements and highway and other 
rights-of-way may be reserved to the State.
    ``(g) The Secretary, through the National Park Service, shall 
provide financial assistance, not to exceed $25,000, hereby authorized 
to be appropriated, and technical assistance to the Region for the 
purpose of developing and implementing a land use plan for the west side 
of Cook Inlet, including an analysis of alternative uses of such lands.
    ``(h) Village Corporations within the Cook Inlet Region shall have 
until December 18, 1976, to file selections under section 12(b) of the 
Settlement Act [section 1611(b) of this title], notwithstanding any 
provision of that Act to the contrary.
    ``(i) The Secretary shall report to the Congress by April 15, 1976, 
on the implementation of this section. If the State fails to agree to 
engage in a transfer with the Federal Government, pursuant to subsection 
(a)(1), the Secretary shall prior to December 18, 1976, make no 
conveyance of the lands that were to be conveyed to the Region in this 
section, nor shall he convey prior to such date the Point Campbell, 
Point Woronzof, and Campbell tracts, so that the Congress is not 
precluded from fashioning an appropriate remedy. In the event that the 
State fails to agree as aforesaid, all rights of the Region that may 
have been extinguished by this section shall be restored.''


 Conveyance to Koniag, Inc., a Regional Corporation, of the Subsurface 
                     Estate of Lands To Be Selected

    Pub. L. 94-204, Sec. 15, Jan. 2, 1976, 89 Stat. 1154, as amended by 
Pub. L. 96-487, title IX, Sec. 911, Dec. 2, 1980, 94 Stat. 2447, 
provided that:
    ``(a) The Secretary shall convey under section 12(a)(1) and 14(f) of 
the Settlement Act [sections 1611(a)(1) and 1613(f) of this title] to 
Koniag, Incorporated, a Regional Corporation established pursuant to 
section 7 of said Act [section 1606 of this title], such of the 
subsurface estate, other than title to or the right to remove gravel and 
common varieties of minerals and materials, as is selected by said 
corporation from lands withdrawn by Public Land Order 5397 for 
identification for selection by it located in the following described 
area:
        ``Township 36 south, range 52 west, all;
        ``Township 37 south, range 51 west, all;
        ``Township 37 south, range 52 west, all;
        ``Township 37 south, range 53 west, sections 1 through 4, 9 
    through 16, 21 through 24, and the north half of sections 25 through 
    28;
        ``Township 38 south, range 51 west, sections 1 through 5, 9, 10, 
    12, 13, 18, 24, and 25;
        ``Township 38 south, range 52 west, sections 1 through 35;
        ``Township 38 south, range 53 west, sections 1, 12, 13, 24, 25, 
    and 26;
        ``Township 39 south, range 51 west, sections 1, 6, 7, 16 through 
    21, 28 through 33, and 36;
        ``Township 39 south, range 52 west, sections 1, 2, 11 through 
    15, and 22 through 24;
        ``Township 39 south, range 53 west, sections 33 through 36, and 
    the south half of section 26;
        ``Township 40 south, range 51 west, sections 2 and 6;
        ``Township 40 south, range 52 west, sections 6 through 10, 15 
    through 21, and 27 through 36;
        ``Township 40 south, range 53 west, sections 1 through 19, 21 
    through 28, and 34 through 36;
        ``Township 40 south, range 54 west, sections 1 through 34;
        ``Township 41 south, range 52 west, sections 7, 8, 9, 16, 17, 
    and 18;
        ``Township 41 south, range 53 west, sections 1, 4, 5, 8, 9, 11, 
    12, and 16;
        ``Township 41 south, range 54 west, section 6, S. M., Alaska;
    ``Notwithstanding the withdrawal of such lands by Public Land Order 
5179, as amended, pursuant to section 17(d)(2) of the Settlement Act 
[section 1616(d)(2) of this title]: Provided, That notwithstanding the 
future designation by Congress as part of the National Park System or 
other national land system referred to in section 17(d)(2)(A) of the 
Settlement Act [section 1616(d)(2)(A) of this title] of the surface 
estate overlying any subsurface estate conveyed as provided in this 
section, and with or without such designation, Koniag, Incorporated, 
shall have such use of the surface estate, including such right of 
access thereto, as is reasonably necessary to the exploration for and 
the removal of oil and gas from said subsurface estate, subject to such 
regulations by the Secretary as are necessary to protect the ecology 
from permanent harm.
    ``The United States shall make available to Koniag, its successors 
and assigns, such sand and gravel as is reasonably necessary for the 
construction of facilities and rights-of-way appurtenant to the exercise 
of the rights conveyed under this section, pursuant to the provisions of 
section 601 et seq., title 30, United States Code, and the regulations 
implementing that statute which are then in effect.
    ``(b) The subsurface estate in all lands other than those described 
in subsection (a) within the Koniag Region and withdrawn under section 
17(d)(2)(E) of the Settlement Act [section 1616(d)(2)(E) of this title], 
shall not be available for selection by Koniag Region, Incorporated.''


          Selection of Lands by Village Corporation of Tatitlek

    Pub. L. 94-204, Sec. 16, Jan. 2, 1976, 89 Stat. 1155, provided that: 
``Within ninety days after the date of enactment of this Act [Jan. 2, 
1976], the corporation created by the enrolled residents of the Village 
of Tatitlek may file selections upon any of the following described 
lands: Copper River Meridian
        ``Township 9 south, range 3 east, sections 23, 26, 31-35.
        ``Township 10 south, range 3 east, sections 2-27, 34-36.
        ``Township 11 south, range 4 east, sections 5, 6, 8, 9, 16, 17, 
    20-22, 27-29, 33-35.
        ``Township 9 south, range 3 east, sections 3-6, 9-11.
        ``Township 9 south, range 3 east, sections 14-16, 21, 22, 27, 
    28.
    ``The Secretary shall receive and adjudicate such selections as 
though they were timely filed pursuant to section 12(a) or 12(b) of the 
Settlement Act [section 1611(a) or 1611(b) of this title], and were 
withdrawn pursuant to section 11 of that Act [section 1610 of this 
title].
    ``The Secretary shall convey such lands selected pursuant to this 
authorization which otherwise comply with the applicable statutes and 
regulations. This section shall not be construed to increase the 
entitlement of the corporation of the enrolled residents of Tatitlek or 
to increase the amount of land that may be selected from the National 
Forest System. The subsurface of any land selected pursuant to this 
section shall be conveyed to the Regional Corporation for the Chugach 
Region pursuant to section 14(f) of the Settlement Act [section 1613(f) 
of this title].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1613, 1616, 1620, 1621, 
1627, 1629a, 1635, 1641 of this title; title 45 section 1205.



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