US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 1616. —  Joint FederalState Land Use Planning Commission for Alaska.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 43USC1616]

 
                         TITLE 43--PUBLIC LANDS
 
               CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
 
Sec. 1616. Joint Federal-State Land Use Planning Commission for 
        Alaska
        

(a), (b) Omitted

(c) Prohibition against selection of lands from withdrawn area in event 
        of withdrawal of utility and transportation corridor across 
        public lands

    In the event that the Secretary withdraws a utility and 
transportation corridor across public lands in Alaska pursuant to his 
existing authority, the State, the Village Corporations and the Regional 
Corporations shall not be permitted to select lands from the area 
withdrawn.

(d) Public Land Order Numbered 4582 revoked; withdrawal of unreserved 
        public lands; classification and reclassification of lands; 
        opening lands to appropriation; administration; contracting and 
        other authority of Secretary not impaired by withdrawal

    (1) Public Land Order Numbered 4582, 34 Federal Register 1025, as 
amended, is hereby revoked. For a period of ninety days after December 
18, 1971, all unreserved public lands in Alaska are hereby withdrawn 
from all forms of appropriation under the public land laws, including 
the mining (except locations for metalliferous minerals) and the mineral 
leasing laws. During this period of time the Secretary shall review the 
public lands in Alaska and determine whether any portion of these lands 
should be withdrawn under authority provided for in existing law to 
insure that the public interest in these lands is properly protected. 
Any further withdrawal shall require an affirmative act by the Secretary 
under his existing authority, and the Secretary is authorized to 
classify or reclassify any lands so withdrawn and to open such lands to 
appropriation under the public land laws in accord with his 
classifications. Withdrawals pursuant to this paragraph shall not affect 
the authority of the Village Corporations, the Regional Corporations, 
and the State to make selections and obtain patents within the areas 
withdrawn pursuant to section 1610 of this title.
    (2)(A) The Secretary, acting under authority provided for in 
existing law, is directed to withdraw from all forms of appropriation 
under the public land laws, including the mining and mineral leasing 
laws, and from selection under the Alaska Statehood Act, and from 
selection by Regional Corporations pursuant to section 1610 of this 
title, up to, but not to exceed, eighty million acres of unreserved 
public lands in the State of Alaska, including previously classified 
lands, which the Secretary deems are suitable for addition to or 
creation as units of the National Park, Forest, Wildlife Refuge, and 
Wild and Scenic Rivers Systems: Provided, That such withdrawals shall 
not affect the authority of the State and the Regional and Village 
Corporations to make selections and obtain patents within the areas 
withdrawn pursuant to section 1610 of this title.
    (B) Lands withdrawn pursuant to paragraph (A) hereof must be 
withdrawn within nine months of December 18, 1971. All unreserved public 
lands not withdrawn under paragraph (A) or subsection (d)(1) of this 
section shall be available for selection by the State and for 
appropriation under the public land laws.
    (C) Every six months, for a period of two years from December 18, 
1971, the Secretary shall advise the Congress of the location, size and 
values of lands withdrawn pursuant to paragraph (A) and submit his 
recommendations with respect to such lands. Any lands withdrawn pursuant 
to paragraph (A) not recommended for addition to or creation as units of 
the National Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers 
Systems at the end of the two years shall be available for selection by 
the State and the Regional Corporations, and for appropriations under 
the public land laws.
    (D) Areas recommended by the Secretary pursuant to paragraph (C) 
shall remain withdrawn from any appropriation under the public land laws 
until such time as the Congress acts on the Secretary's recommendations, 
but not to exceed five years from the recommendation dates. The 
withdrawal of areas not so recommended shall terminate at the end of the 
two year period.
    (E) Notwithstanding any other provision of this subsection, initial 
identification of lands desired to be selected by the State pursuant to 
the Alaska Statehood Act and by the Regional Corporations pursuant to 
section 1611 of this title may be made within any area withdrawn 
pursuant to this subsection (d), but such lands shall not be tentatively 
approved or patented so long as the withdrawals of such areas remain in 
effect: Provided, That selection of lands by Village Corporations 
pursuant to section 1611 of this title shall not be affected by such 
withdrawals and such lands selected may be patented and such rights 
granted as authorized by this chapter. In the event Congress enacts 
legislation setting aside any areas withdrawn under the provisions of 
this subsection which the Regional Corporations or the State desired to 
select, then other unreserved public lands shall be made available for 
alternative selection by the Regional Corporations and the State. Any 
time periods established by law for Regional Corporations or State 
selections are hereby extended to the extent that delays are caused by 
compliance with the provisions of this subsection (2).
    (3) Any lands withdrawn under this section shall be subject to 
administration by the Secretary under applicable laws and regulations, 
and his authority to make contracts and to grant leases, permits, 
rights-of-way, or easements shall not be impaired by the withdrawal.

(Pub. L. 92-203, Sec. 17, Dec. 18, 1971, 85 Stat. 706; Pub. L. 94-204, 
Sec. 7, Jan. 2, 1976, 89 Stat. 1149.)

                       References in Text

    Alaska Statehood Act, referred to in subsec. (d)(2)(A), (E), is Pub. 
L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a 
note preceding section 21 of Title 48, Territories and Insular 
Possessions. For complete classification of this Act to the Code, see 
Tables.
    The public land laws, referred to in subsec. (d)(1), (2)(B) to (D), 
are classified generally to this title.
    The mining laws and the mineral leasing laws, referred to in subsec. 
(d)(1), are classified generally to Title 30, Mineral Lands and Mining.

                          Codification

    Subsecs. (a) and (b) of this section, which related to the 
establishment, membership, compensation, procedures, duties and powers 
of the Joint Federal-State Land Use Planning Commission for Alaska and 
authorized the Commission to identify public easements across selected 
lands in Alaska, were omitted pursuant to former subsec. (a)(10) of this 
section which provided that the Commission was to cease to exist 
effective June 30, 1979.


                               Amendments

    1976--Subsec. (a)(10). Pub. L. 94-204 extended the life of the 
Commission from Dec. 31, 1976 to June 30, 1979, directed the submission 
of multiple reports, with an interim report to be submitted on or before 
May 30, 1976, and extended from May 30, 1976 to May 30, 1979 the date on 
or before which the final report shall be submitted.

                  Section Referred to in Other Sections

    This section is referred to in sections 1602, 1610, 1611, 1613, 
1618, 1621, 1633, 1635, 1641 of this title; title 16 section 410hh-3.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com