§ 1618. — Revocation of reserved rights; excepted reserve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations; restoration of land to Elim Native Corporation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1618]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1618. Revocation of reserved rights; excepted reserve;
acquisition of title to surface and subsurface estates in
reserve; election of Village Corporations; restoration of land
to Elim Native Corporation
(a) Revocation of reserved rights; excepted reserve
Notwithstanding any other provision of law, and except where
inconsistent with the provisions of this chapter, the various reserves
set aside by legislation or by Executive or Secretarial Order for Native
use or for administration of Native affairs, including those created
under section 497 of title 25, are hereby revoked subject to any valid
existing rights of non-Natives. This section shall not apply to the
Annette Island Reserve established by section 495 of title 25 and no
person enrolled in the Metlakatla Indian community of the Annette Island
Reserve shall be eligible for benefits under this chapter.
(b) Acquisition of title to surface and subsurface estates in reserve;
election of Village Corporations
Notwithstanding any other provision of law or of this chapter, any
Village Corporation or Corporations may elect within two years to
acquire title to the surface and subsurface estates in any reserve set
aside for the use or benefit of its stockholders or members prior to
December 18, 1971. If two or more villages are located on such reserve,
the election must be made by all of the members or stockholders of the
Village Corporations concerned. In such event, the Secretary shall
convey the land to the Village Corporation or Corporations, subject to
valid existing rights as provided in section 1613(g) of this title, and
the Village Corporation shall not be eligible for any other land
selections under this chapter or to any distribution of Regional
Corporations funds pursuant to section 1606 of this title, and the
enrolled residents of the Village Corporation shall not be eligible to
receive Regional Corporation stock.
(c) Restoration of land to Elim Native Corporation
(1) Findings
The Congress finds that--
(A) approximately 350,000 acres of land were withdrawn by
Executive orders in 1917 for the use of the United States Bureau
of Education and of the Natives of Indigenous Alaskan race;
(B) these lands comprised the Norton Bay Reservation (later
referred to as Norton Bay Native Reserve) and were set aside for
the benefit of the Native inhabitants of the Eskimo Village of
Elim, Alaska;
(C) in 1929, 50,000 acres of land were deleted from the
Norton Bay Reservation by Executive order;
(D) the lands were deleted from the Reservation for the
benefit of others;
(E) the deleted lands were not available to the Native
inhabitants of Elim under subsection (b) of this section at the
time of passage of this chapter;
(F) the deletion of these lands has been and continues to be
a source of deep concern to the indigenous people of Elim; and
(G) until this matter is dealt with, it will continue to be
a source of great frustration and sense of loss among the
shareholders of the Elim Native Corporation and their
descendants.
(2) Withdrawal
The lands depicted and designated ``Withdrawal Area'' on the map
dated October 19, 1999, along with their legal descriptions, on file
with the Bureau of Land Management, and entitled ``Land Withdrawal
Elim Native Corporation'', are hereby withdrawn, subject to valid
existing rights, from all forms of appropriation or disposition
under the public land laws, including the mining and mineral leasing
laws, for a period of 2 years from May 2, 2000, for selection by the
Elim Native Corporation (hereinafter referred to as ``Elim'').
(3) Authority to select and convey
Elim is authorized to select in accordance with the rules set
out in this paragraph, 50,000 acres of land (hereinafter referred to
as ``Conveyance Lands'') within the boundary of the Withdrawal Area
described in paragraph (2). The Secretary is authorized and directed
to convey to Elim in fee the surface and subsurface estates to
50,000 acres of valid selections in the Withdrawal Area, subject to
the covenants, reservations, terms and conditions and other
provisions of this subsection.
(A) Elim shall have 2 years from May 2, 2000, in which to
file its selection of no more than 60,000 acres of land from the
area described in paragraph (2). The selection application shall
be filed with the Bureau of Land Management, Alaska State
Office, shall describe a single tract adjacent to United States
Survey No. 2548, Alaska, and shall be reasonably compact,
contiguous, and in whole sections except when separated by
unavailable land or when the remaining entitlement is less than
a whole section. Elim shall prioritize its selections made
pursuant to this subsection at the time such selections are
filed, and such prioritization shall be irrevocable. Any lands
selected shall remain withdrawn until conveyed or full
entitlement has been achieved.
(B) The selection filed by Elim pursuant to this subsection
shall be subject to valid existing rights and may not supercede
prior selections of the State of Alaska, any Native corporation,
or valid entries of any private individual unless such selection
or entry is relinquished, rejected, or abandoned prior to
conveyance to Elim.
(C) Upon receipt of the Conveyance Lands, Elim shall have
all legal rights and privileges as landowner, subject only to
the covenants, reservations, terms and conditions specified in
this subsection.
(D) Selection by Elim of lands under this subsection and
final conveyance of those lands to Elim shall constitute full
satisfaction of any claim of entitlement of Elim with respect to
its land entitlement.
(4) Covenants, reservations, terms and conditions
The covenants, reservations, terms and conditions set forth in
this paragraph and in paragraphs (5) and (6) with respect to the
Conveyance Lands shall run with the land and shall be incorporated
into the interim conveyance, if any, and patent conveying the lands
to Elim.
(A) Consistent with paragraph (3)(C) and subject to the
applicable covenants, reservations, terms and conditions
contained in this paragraph and paragraphs (5) and (6), Elim
shall have all rights to the timber resources of the Conveyance
Lands for any use including, but not limited to, construction of
homes, cabins, for firewood and other domestic uses on any Elim
lands: Provided, That cutting and removal of Merchantable Timber
from the Conveyance Lands for sale shall not be permitted:
Provided further, That Elim shall not construct roads and
related infrastructure for the support of such cutting and
removal of timber for sale or permit others to do so.
``Merchantable Timber'' means timber that can be harvested and
marketed by a prudent operator.
(B) Public Land Order 5563 of December 16, 1975, which made
hot or medicinal springs available to other Native Corporations
for selection and conveyance, is hereby modified to the extent
necessary to permit the selection by Elim of the lands
heretofore encompassed in any withdrawal of hot or medicinal
springs and is withdrawn pursuant to this subsection. The
Secretary is authorized and directed to convey such selections
of hot or medicinal springs (hereinafter referred to as ``hot
springs'') subject to applicable covenants, reservations, terms
and conditions contained in paragraphs (5) and (6).
(C) Should Elim select and have conveyed to it lands
encompassing portions of the Tubutulik River or Clear Creek, or
both, Elim shall not permit surface occupancy or knowingly
permit any other activity on those portions of land lying within
the bed of or within 300 feet of the ordinary high waterline of
either or both of these water courses for purposes associated
with mineral or other development or activity if they would
cause or are likely to cause erosion or siltation of either
water course to an extent that would significantly adversely
impact water quality or fish habitat.
(5) Rights retained by the United States
With respect to conveyances authorized in paragraph (3), the
following rights are retained by the United States:
(A) To enter upon the conveyance lands, after providing
reasonable advance notice in writing to Elim and after providing
Elim with an opportunity to have a representative present upon
such entry, in order to achieve the purpose and enforce the
terms of this paragraph and paragraphs (4) and (6).
(B) To have, in addition to such rights held by Elim, all
rights and remedies available against persons, jointly or
severally, who cut or remove Merchantable Timber for sale.
(C) In cooperation with Elim, the right, but not the
obligation, to reforest in the event previously existing
Merchantable Timber is destroyed by fire, wind, insects,
disease, or other similar manmade or natural occurrence
(excluding manmade occurrences resulting from the exercise by
Elim of its lawful rights to use the Conveyance Lands).
(D) The right of ingress and egress over easements under
section 1616(b) \1\ of this title for the public to visit, for
noncommercial purposes, hot springs located on the Conveyance
Lands and to use any part of the hot springs that is not
commercially developed.
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\1\ See References in Text note below.
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(E) The right to enter upon the lands containing hot springs
for the purpose of conducting scientific research on such hot
springs and to use the results of such research without
compensation to Elim. Elim shall have an equal right to conduct
research on the hot springs and to use the results of such
research without compensation to the United States.
(F) A covenant that commercial development of the hot
springs by Elim or its successors, assigns, or grantees shall
include the right to develop only a maximum of 15 percent of the
hot springs and any land within \1/4\ mile of the hot springs.
Such commercial development shall not alter the natural
hydrologic or thermal system associated with the hot springs.
Not less than 85 percent of the lands within \1/4\ mile of the
hot springs shall be left in their natural state.
(G) The right to exercise prosecutorial discretion in the
enforcement of any covenant, reservation, term or condition
shall not waive the right to enforce any covenant, reservation,
term or condition.
(6) General
(A) Memorandum of Understanding
The Secretary and Elim shall, acting in good faith, enter
into a Memorandum of Understanding (hereinafter referred to as
the ``MOU'') to implement the provisions of this subsection. The
MOU shall include among its provisions reasonable measures to
protect plants and animals in the hot springs on the Conveyance
Lands and on the land within \1/4\ mile of the hot springs. The
parties shall agree to meet periodically to review the matters
contained in the MOU and to exercise their right to amend,
replace, or extend the MOU. Such reviews shall include the
authority to relocate any of the easements set forth in
subparagraph (D) if the parties deem it advisable.
(B) Incorporation of terms
Elim shall incorporate the covenants, reservations, terms
and conditions, in this subsection in any deed or other legal
instrument by which it divests itself of any interest in all or
a portion of the Conveyance Lands, including without limitation,
a leasehold interest.
(C) Section 1616(b) easements
The Bureau of Land Management, in consultation with Elim,
shall reserve in the conveyance to Elim easements to the United
States pursuant to subsection \2\ 1616(b) \1\ of this title that
are not in conflict with other easements specified in this
paragraph.
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\2\ So in original. Probably should be ``section''.
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(D) Other easements
The Bureau of Land Management, in consultation with Elim,
shall reserve easements which shall include the right of the
public to enter upon and travel along the Tubutulik River and
Clear Creek within the Conveyance Lands. Such easements shall
also include easements for trails confined to foot travel along,
and which may be established along each bank of, the Tubutulik
River and Clear Creek. Such trails shall be 25 feet wide and
upland of the ordinary high waterline of the water courses. The
trails may deviate from the banks as necessary to go around man-
made or natural obstructions or to portage around hazardous
stretches of water. The easements shall also include one-acre
sites along the water courses at reasonable intervals, selected
in consultation with Elim, which may be used to launch or take
out water craft from the water courses and to camp in non-
permanent structures for a period not to exceed 24 hours without
the consent of Elim.
(E) Inholders
The owners of lands held within the exterior boundaries of
lands conveyed to Elim shall have all rights of ingress and
egress to be vested in the inholder and the inholder's agents,
employees, co-venturers, licensees, subsequent grantees, or
invitees, and such easements shall be reserved in the conveyance
to Elim. The inholder may not exercise the right of ingress and
egress in a manner that may result in substantial damage to the
surface of the lands or make any permanent improvements on
Conveyance Lands without the prior consent of Elim.
(F) Iditarod trail
The Bureau of Land Management may reserve an easement for
the Iditarod National Historic Trail in the conveyance to Elim.
(7) Implementation
There are authorized to be appropriated such sums as may be
necessary to implement this subsection.
(Pub. L. 92-203, Sec. 19, Dec. 18, 1971, 85 Stat. 710; Pub. L. 106-194,
Sec. 1, May 2, 2000, 114 Stat. 239.)
References in Text
The time of passage of this chapter, referred to in subsec.
(c)(1)(E), probably means the date of enactment of Pub. L. 92-203, which
was approved Dec. 18, 1971.
The public land laws, referred to in subsec. (c)(2), are classified
generally to this title.
The mining laws and the mineral leasing laws, referred to in subsec.
(c)(2), are classified generally to Title 30, Mineral Lands and Mining.
Section 1616(b) of this title, referred to in subsec. (c)(5)(D),
(6)(C) was omitted from the Code.
Amendments
2000--Subsec. (c). Pub. L. 106-194 added subsec. (c).
Grants to Native Group Corporations for Planning, Development, and Other
Purposes
Pub. L. 96-487, title XIV, Sec. 1413, Dec. 2, 1980, 94 Stat. 2498,
provided that: ``The Secretary shall pay by grant to each of the Native
Group Corporations established pursuant to section 14(h)(2) of the
Alaska Native Claims Settlement Act [section 1613(h)(2) of this title]
and finally certified as a Native Group, an amount not more than
$100,000 or less than $50,000 adjusted according to population of each
Group. Funds authorized under this section may be used only for
planning, development, and other purposes for which the Native Group
Corporations are organized under the Settlement Act [this chapter].''
Grants to Village Corporations for Planning, Development and Other
Purposes
Pub. L. 94-204, Sec. 14, Jan. 2, 1976, 89 Stat. 1154, provided that:
``(a) The Secretary shall pay, by grant, $250,000 to each of the
corporations established pursuant to section 14(h)(3) of the Settlement
Act [section 1613(h)(3) of this title].
``(b) The Secretary shall pay, by grant, $100,000 to each of the
following Village Corporations:
``(1) Arctic Village;
``(2) Elim;
``(3) Gambell;
``(4) Savoonga;
``(5) Tetlin; and
``(6) Venetie.
``(c) Funds authorized under this section may be used only for
planning, development, and other purposes for which the corporations set
forth in subsections (a) and (b) are organized under the Settlement Act
[this chapter].
``(d) There is authorized to be appropriated to the Secretary for
the purpose of this section a sum of $1,600,000 in fiscal year 1976.''
Section Referred to in Other Sections
This section is referred to in sections 1615, 1627, 1635, 1641 of
this title; title 16 section 3102.
