[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1617]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1617. Indian allotment authority in Alaska; revocation;
charging allotments on pending application against statutory
acreage grant; relocation of allotment
(a) Revocation of authority
No Native covered by the provisions of this chapter, and no
descendant of his, may hereafter avail himself of an allotment under the
provisions of the Act of February 8, 1887 (24 Stat. 389), as amended and
supplemented, or the Act of June 25, 1910 (36 Stat. 363). Further, the
Act of May 17, 1906 (34 Stat. 197), as amended, is repealed.
Notwithstanding the foregoing provisions of this section, any
application for an allotment that is pending before the Department of
the Interior on December 18, 1971, may, at the option of the Native
applicant, be approved and a patent issued in accordance with said 1887,
1910, or 1906 Act, as the case may be, in which event the Native shall
not be eligible for a patent under section 1613(h)(5) of this title.
(b) Charging allotment against statutory grant
Any allotments approved pursuant to this section during the four
years following December 18, 1971, shall be charged against the two
million acre grant provided for in section 1613(h) of this title.
(c) Relocation of allotment
(1)(A) Notwithstanding any other provision of law, an allotment
applicant, who had a valid application pending before the Department of
the Interior on December 18, 1971, and whose application remains pending
as of October 14, 1992, may amend the land description in the
application of the applicant (with the advice and approval of the
responsible officer of the Bureau of Indian Affairs) to describe land
other than the land that the applicant originally intended to claim if--
(i) the application pending before the Department, either
describes land selected by, tentatively approved to, or patented to
the State of Alaska or otherwise conflicts with an interest in land
granted to the State of Alaska by the United States prior to the
filing of the allotment application;
(ii) the amended land description describes land selected by,
tentatively approved to, or patented to the State of Alaska of
approximately equal acreage in substitution for the land described
in the original application; and
(iii) the Commissioner of the Department of Natural Resources
for the State of Alaska, acting under the authority of State law,
has agreed to reconvey or relinquish to the United States the land,
or interest in land, described in the amended application.
(B) If an application pending before the Department of the Interior
as described in subparagraph (A) describes land selected by, but not
tentatively approved to or patented to, the State of Alaska, the
concurrence of the Secretary of the Interior shall be required in order
for an application to proceed under this section.
(2)(A) The Secretary shall accept reconveyance or relinquishment
from the State of Alaska of the land described in an amended application
pursuant to paragraph (1)(A), except where the land described in the
amended application is State-owned land within the boundaries of a
conservation system unit as defined in the Alaska National Interest
Lands Conservation Act. Upon acceptance, the Secretary shall issue a
Native Allotment certificate to the applicant for the land reconveyed or
relinquished by the State of Alaska to the United States.
(B) The Secretary shall adjust the computation of the acreage
charged against the land entitlement of the State of Alaska to ensure
that this subsection will not cause the State to receive either more or
less than its full land entitlement under section 6 of the Act entitled
``An Act to provide for the admission of the State of Alaska into the
Union'', approved July 7, 1958 (commonly referred to as the ``Alaska
Statehood Act''), and section 906 of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1635). If the State retains any part of the
fee estate, the State shall remain charged with the acreage.
(Pub. L. 92-203, Sec. 18, Dec. 18, 1971, 85 Stat. 710; Pub. L. 102-415,
Sec. 3, Oct. 14, 1992, 106 Stat. 2112.)
References in Text
Act of February 8, 1887 (24 Stat. 389), referred to in subsec. (a),
is popularly known as the Indian General Allotment Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 331 of Title 25, Indians, and Tables.
Act of June 25, 1910 (36 Stat. 363), referred to in subsec. (a),
probably means act June 25, 1910, ch. 431, 36 Stat. 855, which enacted
section 148 of this title, sections 104 and 107 of former Title 18,
Criminal Code and Criminal Procedure, sections 47, 93, 151, 191, 202,
312, 331, 333, 336, 337, 344a, 351, 352, 353, 372, 373, 403, 406, 407,
408 of Ti
