§ 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withdrawn by section 1610(a) of this title: Provided, That no Village
Corporation may select more than 69,120 acres from lands withdrawn by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from other lands withdrawn in section 1610(a) of this title within the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.
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\2\ So in original. Probably should be ``subsection''.
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(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.