§ 1613. — Conveyance of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1613]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1613. Conveyance of lands
(a) Native villages listed in section 1610 and qualified for land
benefits; patents for surface estates; issuance; acreage
Immediately after selection by a Village Corporation for a Native
village listed in section 1610 of this title which the Secretary finds
is qualified for land benefits under this chapter, the Secretary shall
issue to the Village Corporation a patent to the surface estate in the
number of acres shown in the following table:
It shall be entitled
If the village had on the 1970 census to a patent to an
enumeration date a Native population between-- area of public lands
equal to--
25 and 99........................................ 69,120 acres.
100 and 199...................................... 92,160 acres.
200 and 399...................................... 115,200 acres.
400 and 599...................................... 138,240 acres.
600 or more...................................... 161,280 acres.
The lands patented shall be those selected by the Village Corporation
pursuant to section 1611(a) of this title. In addition, the Secretary
shall issue to the Village Corporation a patent to the surface estate in
the lands selected pursuant to section 1611(b) of this title.
(b) Native villages listed in section 1615 and qualified for land
benefits; patents for surface estates; issuance; acreage
Immediately after selection by any Village Corporation for a Native
village listed in section 1615 of this title which the Secretary finds
is qualified for land benefits under this chapter, the Secretary shall
issue to the Village Corporation a patent to the surface estate to
23,040 acres. The lands patented shall be the lands within the township
or townships that enclose the Native village, and any additional lands
selected by the Village Corporation from the surrounding townships
withdrawn for the Native village by section 1615(a) of this title.
(c) Patent requirements; order of conveyance; vesting date; advisory and
appellate functions of Regional Corporations on sales, leases,
or other transactions prior to final commitment
Each patent issued pursuant to subsections (a) and (b) of this
section shall be subject to the requirements of this subsection. Upon
receipt of a patent or patents:
(1) the Village Corporation shall first convey to any Native or
non-Native occupant, without consideration, title to the surface
estate in the tract occupied as of December 18, 1971 (except that
occupancy of tracts located in the Pribilof Islands shall be
determined as of the date of initial conveyance of such tracts to
the appropriate Village Corporation) as a primary place of
residence, or as a primary place of business, or as a subsistence
campsite, or as headquarters for reindeer husbandry;
(2) the Village Corporation shall then convey to the occupant,
either without consideration or upon payment of an amount not in
excess of fair market value, determined as of the date of initial
occupancy and without regard to any improvements thereon, title to
the surface estate in any tract occupied as of December 18, 1971 by
a nonprofit organization;
(3) the Village Corporation shall then convey to any Municipal
Corporation in the Native village or to the State in trust for any
Municipal Corporation established in the Native village in the
future, title to the remaining surface estate of the improved land
on which the Native village is located and as much additional land
as is necessary for community expansion, and appropriate rights-of-
way for public use, and other foreseeable community needs: Provided,
That the amount of lands to be transferred to the Municipal
Corporation or in trust shall be no less than 1,280 acres unless the
Village Corporation and the Municipal Corporation or the State in
trust can agree in writing on an amount which is less than one
thousand two hundred and eighty acres: Provided further, That any
net revenues derived from the sale of surface resources harvested or
extracted from lands reconveyed pursuant to this subsection shall be
paid to the Village Corporation by the Municipal Corporation or the
State in trust: Provided, however, That the word ``sale'', as used
in the preceding sentence, shall not include the utilization of
surface resources for governmental purposes by the Municipal
Corporation or the State in trust, nor shall it include the issuance
of free use permits or other authorization for such purposes;
(4) the Village Corporation shall convey to the Federal
Government, State, or to the appropriate Municipal Corporation,
title to the surface estate for airport sites, airway beacons, and
other navigation aids as such existed on December 18, 1971, together
with such additional acreage and/or easements as are necessary to
provide related governmental services and to insure safe approaches
to airport runways as such airport sites, runways, and other
facilities existed as of December 18, 1971; and
(5) for a period of ten years after December 18, 1971, the
Regional Corporation shall be afforded the opportunity to review and
render advice to the Village Corporations on all land sales, leases
or other transactions prior to any final commitment.
There is authorized to be appropriated such sums as may be necessary
for the purpose of providing technical assistance to Village
Corporations established pursuant to this chapter in order that they may
fulfill the reconveyance requirements of this subsection. The Secretary
may make funds available as grants to ANCSA or nonprofit corporations
that maintain in-house land planning and management capabilities.
(d) Rule of approximation with respect to acreage limitations
The Secretary may apply the rule of approximation with respect to
the acreage limitations contained in this section.
(e) Surface and/or subsurface estates to Regional Corporations
Immediately after selection by a Regional Corporation, the Secretary
shall convey to the Regional Corporation title to the surface and/or the
subsurface estates, as is appropriate, in the lands selected.
(f) Patents to Village Corporations for surface estates and to Regional
Corporations for subsurface estates; excepted lands; mineral
rights, consent of Village Corporations
When the Secretary issues a patent to a Village Corporation for the
surface estate in lands pursuant to subsections (a) and (b) of this
section, he shall issue to the Regional Corporation for the region in
which the lands are located a patent to the subsurface estate in such
lands, except lands located in the National Wildlife Refuge System and
lands withdrawn or reserved for national defense purposes, including
Naval Petroleum Reserve Numbered 4, for which in lieu rights are
provided for in section 1611(a)(1) of this title: Provided, That the
right to explore, develop, or remove minerals from the subsurface estate
in the lands within the boundaries of any Native village shall be
subject to the consent of the Village Corporation.
(g) Valid existing rights preserved; saving provisions in patents;
patentee rights; administration; proportionate rights of
patentee
All conveyances made pursuant to this chapter shall be subject to
valid existing rights. Where, prior to patent of any land or minerals
under this chapter, a lease, contract, permit, right-of-way, or easement
(including a lease issued under section 6(g) of the Alaska Statehood
Act) has been issued for the surface or minerals covered under such
patent, the patent shall contain provisions making it subject to the
lease, contract, permit, right-of-way, or easement, and the right of the
lessee, contractee, permittee, or grantee to the complete enjoyment of
all rights, privileges, and benefits thereby granted to him. Upon
issuance of the patent, the patentee shall succeed and become entitled
to any and all interests of the State or the United States as lessor,
contractor, permitter, or grantor, in any such leases, contracts,
permits, rights-of-way, or easements covering the estate patented, and a
lease issued under section 6(g) of the Alaska Statehood Act shall be
treated for all purposes as though the patent had been issued to the
State. The administration of such lease, contract, permit, right-of-way,
or easement shall continue to be by the State or the United States,
unless the agency responsible for administration waives administration.
In the event that the patent does not cover all of the land embraced
within any such lease, contract, permit, right-of-way, or easement, the
patentee shall only be entitled to the proportionate amount of the
revenues reserved under such lease, contract, permit, right-of-way, or
easement by the State or the United States which results from
multiplying the total of such revenues by a fraction in which the
numerator is the acreage of such lease, contract, permit, right-of-way,
or easement which is included in the patent and the denominator is the
total acreage contained in such lease, contract, permit, right-of-way,
or easement.
(h) Authorization for land conveyances; surface and subsurface estates
The Secretary is authorized to withdraw and convey 2 million acres
of unreserved and unappropriated public lands located outside the areas
withdrawn by sections 1610 and 1615 of this title, and \1\ follows:
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\1\ So in original. Probably should be ``as''.
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(1) The Secretary may withdraw and convey to the appropriate
Regional Corporation fee title to existing cemetery sites and
historical places. Only title to the surface estate shall be
conveyed for lands located in a Wildlife Refuge, when the cemetery
or historical site is greater than 640 acres.
(2) The Secretary may withdraw and convey to a Native group that
does not qualify as a Native village, if it incorporates under the
laws of Alaska, title to the surface estate in not more than 23,040
acres surrounding the Native group's locality. The subsurface estate
in such land shall be conveyed to the appropriate Regional
Corporation unless the lands are located in a Wildlife Refuge;
(3) The Secretary may withdraw and convey to the Natives
residing in Sitka, Kenai, Juneau, and Kodiak, if they incorporate
under the laws of Alaska, the surface estate of lands of a similar
character in not more than 23,040 acres of land, which shall be
located in reasonable proximity to the municipalities. The
subsurface estate in such lands shall be conveyed to the appropriate
Regional Corporation unless the lands are located in a Wildlife
Refuge;
(4) The Secretary shall withdraw only such lands surrounding the
villages and municipalities as are necessary to permit the
conveyance authorized by paragraphs (2) and (3) to be planned and
effected;
(5) The Secretary may convey to a Native, upon application
within two years from December 18, 1971, the surface estate in not
to exceed 160 acres of land occupied by the Native as a primary
place of residence on August 31, 1971. Determination of occupancy
shall be made by the Secretary, whose decision shall be final. The
subsurface estate in such lands shall be conveyed to the appropriate
Regional Corporations unless the lands are located on a Wildlife
Refuge;
(6) The Secretary shall charge against the 2 million acres
authorized to be conveyed by this section all allotments approved
pursuant to section 1617 of this title during the four years
following December 18, 1971. Any minerals reserved by the United
States pursuant to the Act of March 8, 1922 (42 Stat. 415), as
amended [43 U.S.C. 270-11 to 270-13],\2\ in a Native Allotment
approved pursuant to section 1617 of this title during the period
December 18, 1971, through December 18, 1975, shall be conveyed to
the appropriate Regional Corporation, unless such lands are located
in a Wildlife Refuge or in the Lake Clark areas as provided in
section 12 of the Act of January 2, 1976 (Public Law 94-204), as
amended.
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\2\ See References in Text note below.
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(7) The Secretary may withdraw and convey lands out of the
National Wildlife Refuge System and out of the National Forests, for
the purposes set forth in paragraphs (1), (2), (3), and (5) of this
subsection; and
(8)(A) Any portion of the 2 million acres not conveyed by this
subsection shall be allocated and conveyed to the Regional
Corporations on the basis of population.
(B) Such allocation as the Regional Corporation for southeastern
Alaska shall receive under this paragraph shall be selected and
conveyed from lands that were withdrawn by sections 1615(a) and
1615(d) of this title and not selected by the Village Corporations
in southeastern Alaska; except lands on Admiralty Island in the
Angoon withdrawal area and, without the consent of the Governor of
the State of Alaska or his delegate, lands in the Saxman and Yakutat
withdrawal areas are not available for selection or conveyance under
this paragraph.
(9) Where the Regional Corporation is precluded from receiving
the subsurface estate in lands selected and conveyed pursuant to
paragraph (1), (2), (3), or (5), or the retained mineral estate, if
any, pursuant to paragraph (6), it may select the subsurface estate
in an equal acreage from other lands withdrawn for such selection by
the Secretary, or, as to Cook Inlet Region, Incorporated, from those
areas designated for in lieu selection in paragraph I.B.(2) of the
document identified in section 12(b) of Public Law 94-204.
Selections made under this paragraph shall be contiguous and in
reasonably compact tracts except as separated by unavailable lands,
and shall be in whole sections, except where the remaining
entitlement is less than six hundred and forty acres. The Secretary
is authorized to withdraw, up to two times the Corporation's
entitlement, from vacant, unappropriated, and unreserved public
lands, including lands solely withdrawn pursuant to section
1616(d)(1) of this title, and the Regional Corporation shall select
such entitlement of subsurface estate from such withdrawn lands
within ninety days of receipt of notification from the Secretary.
(10) Notwithstanding the provisions of subsection 1621(h) of
this title the Secretary, upon determining that specific lands are
available for withdrawal and possible conveyance under this
subsection, may withdraw such lands for selection by and conveyance
to an appropriate applicant and such withdrawal shall remain until
revoked by the Secretary.
(11) For purposes set forth in paragraphs (1), (2), (3), (5),
and (6) of this subsection, the term Wildlife Refuges refers to
Wildlife Refuges as the boundaries of those refuges exist on
December 18, 1971.
(Pub. L. 92-203, Sec. 14, Dec. 18, 1971, 85 Stat. 702; Pub. L. 95-178,
Sec. 2, Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96-487, title XIV,
Secs. 1404, 1405, 1406(a)-(d), Dec. 2, 1980, 94 Stat. 2493, 2494; Pub.
L. 104-42, title I, Sec. 104, Nov. 2, 1995, 109 Stat. 355.)
References in Text
Section 6(g) of the Alaska Statehood Act, referred to in subsec.
(g), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as
amended, which is set out as a note preceding section 21 of Title 48,
Territories and Insular Possessions.
Act of March 8, 1922, as amended, referred to in subsec. (h)(6), is
act Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which enacted
sections 270-11 to 270-13 of this title. Sections 270-11 and 270-13 of
this title were repealed by Pub. L. 94-579, title VII, Sec. 703(a), Oct.
21, 1976, 90 Stat. 2789. For complete classification of this Act to the
Code, see Tables.
Section 12 of the Act of January 2, 1976 (Public Law 94-204), as
amended, referred to in subsec. (h)(6), (9), is section 12 of Pub. L.
94-204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note under
section 1611 of this title.
Amendments
1995--Subsec. (c). Pub. L. 104-42 inserted last par.
1980--Subsec. (c)(1). Pub. L. 96-487, Sec. 1404(a), inserted ``as of
December 18, 1971 (except that occupancy of tracts located in the
Pribilof Islands shall be determined as of the date of initial
conveyance of such tracts to the appropriate Village Corporation)''
after ``in the tract occupied''.
Subsec. (c)(2). Pub. L. 96-487, Sec. 1404(b), inserted ``as of
December 18, 1971'' after ``in any tract occupied''.
Subsec. (c)(3). Pub. L. 96-487, Sec. 1405, inserted provision
authorizing the Village Corporation and the Municipal Corporation or the
State in trust to agree to a lesser amount than 1,280 acres and
requiring any net revenues derived from the sale of surface resources
harvested or extracted from lands reconveyed be paid to the Village
Corporation by the Municipal Corporation or the State in trust.
Subsec. (c)(4). Pub. L. 96-487, Sec. 1404(c), inserted ``as such
existed on December 18, 1971'' after ``navigation aids'' and ``as such
airport sites, runways, and other facilities existed as of December 18,
1971'' after ``airport runways''. Amendment, which directed that subsec.
(c)(4) end with a period, was executed by substituting ``; and'' to
reflect the probable intent of Congress.
Subsec. (h)(1). Pub. L. 96-487, Sec. 1406(a), inserted provision
that only title to the surface estate be conveyed for lands located in a
Wildlife Refuge when the cemetery or historical site is greater than 640
acres.
Subsec. (h)(2), (5). Pub. L. 96-487, Sec. 1406(b), inserted ``unless
the lands are located in a Wildlife Refuge'' after ``Regional
Corporation''.
Subsec. (h)(6). Pub. L. 96-487, Sec. 1406(c), substituted provision
that any minerals reserved by the United States pursuant to the Act of
Mar. 8, 1922, in a Native Allotment approved pursuant to section 1617 of
this title during the period Dec. 18, 1971 through Dec. 18, 1975, be
conveyed to the appropriate Regional Corporation, unless such lands are
located in a Wildlife Refuge or in the Lake Clark areas as provided in
section 12 of Act Jan. 2, 1976, for provision that the Secretary charge
against the 2 million acres authorized all allotments approved pursuant
to section 1617 of this title during the four years following Dec. 18,
1971.
Subsec. (h)(9) to (11). Pub. L. 96-487, Sec. 1406(d), added pars.
(9) to (11).
1977--Subsec. (h)(8). Pub. L. 95-178 designated existing provisions
as subpar. (A) and added subpar. (B).
Claim to Subsurface Estate of Lands in Wildlife Refuge; Entitlement to
In Lieu Surface or Subsurface Estate; Time Limitation; Waiver
Section 1406(e) of Pub. L. 96-487 provided that: ``Any Regional
Corporation which asserts a claim with the Secretary to the subsurface
estate of lands selectable under section 14(h) of the Alaska Native
Claims Settlement Act [subsec. (h) of this section] which are in a
Wildlife Refuge shall not be entitled to any in lieu surface or
subsurface estate provided by subsections 12(c)(4) and 14(h)(9) of such
Act [section 1611(c)(4) of this title and subsec. (h)(9) of this
section]. Any such claim must be asserted within one hundred and eighty
days after the date of enactment of this Act [Dec. 2, 1980]. Failure to
assert such claim within the one-hundred-and-eighty-day period shall
constitute a waiver of any right to such subsurface estate in a Wildlife
Refuge as the boundaries of the refuge existed on the date of enactment
of the Alaska Native Claims Settlement Act [Dec. 18, 1971].''
Escrow Account Pending Conveyance of Withdrawn Lands; Proceeds Not
Deposited in Account; Payments; Interest; Deposit of Account in United
States Treasury; Public Easements; Authority for Payment Out of Treasury
Funds
Pub. L. 94-204, Sec. 2, Jan. 2, 1976, 89 Stat. 1146, as amended by
Pub. L. 96-487, title XIV, Sec. 1411, Dec. 2, 1980, 94 Stat. 2497; Pub.
L. 99-396, Sec. 22, Aug. 27, 1986, 100 Stat. 846; Pub. L. 100-581, title
II, Sec. 218, Nov. 1, 1988, 102 Stat. 2942, provided that:
``(a)(1) During the period of the appropriate withdrawal for
selection pursuant to the Settlement Act [this chapter], any and all
proceeds derived from contracts, leases, licenses, permits, rights-of-
way, or easements, or from trespass occurring after the date of
withdrawal of the lands for selection, pertaining to lands or resources
of lands, including wildlife proceeds received between the date of
withdrawal and the date of conveyance from harvests on lands conveyed
pursuant to the Act, withdrawn for Native selection pursuant to the
Settlement Act shall be deposited in an escrow account which shall be
held by the Secretary until lands selected pursuant to that Act have
been conveyed to the selecting Corporation or individual entitled to
receive benefits under such Act.
``(2) Such proceeds which were received, if any, subsequent to the
date of withdrawal of the land for selection, but were not deposited in
the escrow account shall be identified by the Secretary within two years
of the date of conveyance or this Act [probably means Dec. 2, 1980],
whichever is later, and shall be paid, together with interest payable on
the proceeds from the date of receipt by the United States to the date
of payment to the appropriate Corporation or individual to which the
land was conveyed by the United States: Provided, That the interest on
proceeds received prior to January 2, 1976, shall be calculated and paid
at the rate of the earnings on Individual Indian Moneys in the custody
of the Secretary of the Interior pursuant to sections 463 and 465 of the
Revised Statutes (25 U.S.C. 2 and 9) and invested by him pursuant to the
Act of June 24, 1938 (25 U.S.C. 162a), from the date of receipt to
January 2, 1976. Effective January 2, 1976, the interest so calculated
shall be added to the principal amount of such proceeds. The interest on
this total amount and on proceeds received on or after January 2, 1976,
shall be calculated and paid as though such proceeds and previously
calculated interest had been deposited in the escrow account from
January 2, 1976, or the date of receipt, whichever occurs later, to the
date of payment to the affected Corporation.[:] Provided further, That
any rights of a Corporation or individual under this section to such
proceeds shall be limited to proceeds actually received by the United
States plus interest: And provided further, That moneys for such
payments have been appropriated as provided in subsection (e) of this
section.
``(3) Such proceeds which have been deposited in the escrow account
shall be paid, together with interest accrued by the Secretary to the
appropriate Corporation or individual upon conveyance of the particular
withdrawn lands. In the event that a conveyance does not cover all of
the land embraced within any contract, lease, license, permit, right-of-
way, easement, or trespass, the Corporation or individual shall only be
entitled to the proportionate amount of the proceeds, including interest
accrued, derived from such contract, lease, license, permit, right-of-
way, or easement, which results from multiplying the total of such
proceeds, including interest accrued, by a fraction in which the
numerator is the acreage of such contract, lease, license, permit,
right-of-way, or easement which is included in the conveyance and the
denominator is the total acreage contained in such contract, lease,
license, permit, right-of-way, or easement; in the case of trespass, the
conveyee shall be entitled to the proportionate share of the proceeds,
including a proportionate share of interest accrued, in relation to the
damages occurring on the respective lands during the period the lands
were withdrawn for selection.
``(4) Such proceeds which have been deposited in the escrow account
pertaining to lands withdrawn but not selected pursuant to such Act
[this chapter], or selected but not conveyed due to rejection or
relinquishment of the selection, shall be paid, together with interest
accrued, as would have been required by law were it not for the
provisions of this Act [enacting sections 1625 to 1627 of this title,
amending sections 1615, 1616, 1620, and 1621 of this title, and enacting
provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618,
and 1625 of this title].
``(5) Lands withdrawn under this subsection include all Federal
lands identified under appendices A, B-1, and B-2 of the document
referred to in section 12 of the Act of January 2, 1976 (Public Law 94-
204) [set out as a note under section 1611 of this title] for Cook Inlet
Region, Incorporated, and are deemed withdrawn as of the date
established in subsection (a) of section 2 of the Act of January 2, 1976
[this subsection].
``(b) The Secretary is authorized to deposit in the Treasury of the
United States the escrow account proceeds referred to in subsection (a)
of this section, and the United States shall pay interest thereon
semiannually from the date of deposit to the date of payment with simple
interest at the rate determined by the Secretary of the Treasury to be
the rate payable on short-term obligations of the United States
prevailing at the time of payment: Provided, That the Secretary in his
discretion may withdraw such proceeds from the United States Treasury
and reinvest such proceeds in the manner provided by the first section
of the Act of June 24, 1938 (52 U.S.C. 1037) [section 162a of Title 25,
Indians]: Provided further, That this section shall not be construed to
create or terminate any trust relationship between the United States and
any corporation or individual entitled to receive benefits under the
Settlement Act [this chapter].
``(c) Any and all proceeds from public easements reserved pursuant
to section 17(b)(3) of the Settlement Act [section 1616(b)(3) of this
title], from or after the date of enactment of this Act [Jan. 2, 1976],
shall be paid to the grantee of such conveyance in accordance with such
grantee's proportionate share.
``(d) To the extent that there is a conflict between the provisions
of this section and any other Federal laws applicable to Alaska, the
provisions of this section will govern. Any payment made to any
corporation or any individual under authority of this section shall not
be subject to any prior obligation under section 9(d) or 9(f) of the
Settlement Act [section 1608(d) or section 1608(f) of this title].
``(e) The Secretary shall calculate the amounts payable pursuant to
this section and notify the affected Corporation of the results of his
calculations. The affected Corporation shall have thirty days in which
to appeal the Secretary's calculations after which the Secretary shall
promptly make a final determination of the amounts payable. The
Secretary shall certify such final determinations to the Secretary of
the Treasury and each determination shall constitute a final judgment,
award, or compromise settlement under section 1304 of title 31 of the
United States Code. The Secretary of the Treasury is authorized and
directed to pay such amounts to the appropriate Corporation out of funds
in the Treasury: Provided, That if the lands from which the proceeds and
interest entitlement are derived have not been conveyed to the selecting
Native Corporation at the time the Secretary makes his final
determination, the Secretary of the Treasury is authorized and directed
to pay such amount into the escrow account where it will earn interest
and be disbursed in the same manner as other proceeds and interest.''
Boundary Between Southeastern and Chugach Regions; Hunting and Fishing
Rights of Natives of Village of Yakutat
Pub. L. 94-204, Sec. 11, Jan. 2, 1976, 89 Stat. 1150, provided that:
``The boundary between the southeastern and Chugach regions shall be the
141st meridian: Provided, That the Regional Corporation for the Chugach
region shall accord to the Natives enrolled to the Village of Yakutat
the same rights and privileges to use any lands which may be conveyed to
the Regional Corporation in the vicinity of Icy Bay for such purposes as
such Natives have traditionally made thereof, including, but not limited
to, subsistence hunting, fishing and gathering, as the Regional
Corporation accords to its own shareholders, and shall take no
unreasonable or arbitrary action relative to such lands for the primary
purpose and having the effect, of impairing or curtailing such rights
and privileges.''
Section Referred to in Other Sections
This section is referred to in sections 1610, 1611, 1615, 1617,
1618, 1620, 1621, 1627, 1629a, 1629b, 1629d, 1632, 1633, 1635, 1636,
1638, 1641 of this title; title 16 sections 3102, 3192; title 25 section
3902; title 30 section 1702; title 45 section 1205.