§ 1621. — Miscellaneous provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1621]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1621. Miscellaneous provisions
(a) Contract restrictions; percentage fee; enforcement; liens,
executions, or judgments
None of the revenues granted by section 1605 of this title, and none
of the lands granted by this chapter to the Regional and Village
Corporation and to Native groups and individuals shall be subject to any
contract which is based on a percentage fee of the value of all or some
portion of the settlement granted by this chapter. Any such contract
shall not be enforceable against any Native as defined by this chapter
or any Regional or Village Corporation and the revenues and lands
granted by this chapter shall not be subject to lien, execution or
judgment to fulfill such a contract.
(b) Patents for homesteads, headquarters sites, trade and manufacturing
sites, or small tract sites; use and occupancy protection
The Secretary is directed to promptly issue patents to all persons
who have made a lawful entry on the public lands in compliance with the
public land laws for the purpose of gaining title to homesteads,
headquarters sites, trade and manufacturing sites, or small tract sites
(43 U.S.C. 682 \1\), and who have fulfilled all requirements of the law
prerequisite to obtaining a patent. Any person who has made a lawful
entry prior to August 31, 1971, for any of the foregoing purposes shall
be protected in his right of use and occupancy until all the
requirements of law for a patent have been met even though the lands
involved have been reserved or withdrawn in accordance with Public Land
Order 4582, as amended, or the withdrawal provisions of this chapter:
Provided, That occupancy must have been maintained in accordance with
the appropriate public land law: Provided further, That any person who
entered on public lands in violation of Public Land Order 4582, as
amended, shall gain no rights.
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\1\ So in original. See References in Text note below.
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(c) Mining claims; possessory rights, protection
(1) On any lands conveyed to Village and Regional Corporations, any
person who prior to August 31, 1971, initiated a valid mining claim or
location under the general mining laws and recorded notice of said
location with the appropriate State or local office shall be protected
in his possessory rights, if all requirements of the general mining laws
are complied with, for a period of five years and may, if all
requirements of the general mining laws are complied with, proceed to
patent.
(2)(A)(i) Subject to valid existing rights, an unpatented mining
claim or location, or portion thereof, under the general mining laws
that is situated outside the boundaries of a conservation system unit
(as such term is defined in the Alaska National Interest Lands
Conservation Act) and within the exterior boundaries of lands validly
selected by a Village or Regional Corporation pursuant to section 1611
of this title or section 1613(h) of this title and that lapses, is
abandoned, relinquished, or terminated, declared null and void, or
otherwise expires, after August 31, 1971, because of failure to comply
with requirements of the general mining laws (including the mining laws
of the State of Alaska), is deemed to be null and void for the purposes
of this paragraph. The Secretary shall promptly determine the validity
of such claims or locations within conservation system units.
(ii) Subject to valid existing rights and to subparagraph (B), the
lands outside a conservation system unit included in a mining claim or
location described in clause (i) shall--
(I) be considered part of the lands selected pursuant to
sections 1611 of this title and 1613(h) of this title by the Village
or Regional Corporation described in clause (i); and
(II) be eligible for conveyance pursuant to this chapter unless
specifically identified and excluded from an initial selection
application.
(iii) Subject to valid existing rights and to subparagraph (B), any
portion outside a conservation system unit of a mining claim or location
described in clause (i) that is situated within the exterior boundaries
of lands conveyed prior to October 14, 1992, from selections under
section 1611 or section 1613(h) of this title shall be conveyed pursuant
to this chapter.
(B) No lands shall be conveyed pursuant to this subsection if the
conveyance would result in the receipt of title to lands in excess of an
acreage entitlement under this chapter.
(3) This section shall apply to lands conveyed by interim conveyance
or patent to a Regional Corporation pursuant to this chapter which are
made subject to a mining claim or claims located under the general
mining laws, including lands conveyed prior to November 2, 1995.
Effective on November 2, 1995, the Secretary, acting through the Bureau
of Land Management and in a manner consistent with section 1613(g) of
this title, shall transfer to the Regional Corporation administration of
all mining claims determined to be entirely within lands conveyed to
that corporation. Any person holding such mining claim or claims shall
meet such requirements of the general mining laws and section 1744 of
this title, except that any filings that would have been made with the
Bureau of Land Management if the lands were within Federal ownership
shall be timely made with the appropriate Regional Corporation. The
validity of any such mining claim or claims may be contested by the
Regional Corporation, in place of the United States. All contest
proceedings and appeals by the mining claimants of adverse decisions
made by the Regional Corporation shall be brought in Federal District
Court for the District of Alaska. Neither the United States nor any
Federal agency or official shall be named or joined as a party in such
proceedings or appeals. All revenues from such mining claims received
after November 2, 1995, shall be remitted to the Regional Corporation
subject to distribution pursuant to section 1606(i) of this title,
except that in the event that the mining claim or claims are not totally
within the lands conveyed to the Regional Corporation, the Regional
Corporation shall be entitled only to that proportion of revenues, other
than administrative fees, reasonably allocated to the portion of the
mining claim so conveyed. The provisions of this section shall apply to
Haida Corporation and the Haida Traditional Use Sites, which shall be
treated as a Regional Corporation for the purposes of this paragraph,
except that any revenues remitted to Haida Corporation under this
section shall not be subject to distribution pursuant to section 1606(i)
of this title.
(d) Purchase restrictions for personnel inapplicable to chapter
The provisions of section 11 of this title shall not apply to any
land grants or other rights granted under this chapter.
(e) National Wildlife Refuge System; replacement lands
If land within the National Wildlife Refuge System is selected by a
Village Corporation pursuant to the provisions of this chapter, the
secretary shall add to the Refuge System other public lands in the State
to replace the lands selected by the Village Corporation.
(f) Land exchanges
The Secretary, the Secretary of Defense, the Secretary of
Agriculture, and the State of Alaska are authorized to exchange lands or
interests therein, including Native selection rights, with the
corporations organized by Native groups, Village Corporations, Regional
Corporations, and the corporations organized by Natives residing in
Juneau, Sitka, Kodiak, and Kenai, all as defined in this chapter, and
other municipalities and corporations or individuals, the State (acting
free of the restrictions of section 6(i) of the Alaska Statehood Act),
or any Federal agency for the purpose of effecting land consolidations
or to facilitate the management or development of the land, or for other
public purposes. Exchanges shall be on the basis of equal value, and
either party to the exchange may pay or accept cash in order to equalize
the value of the property exchanged: Provided, That when the parties
agree to an exchange and the appropriate Secretary determines it is in
the public interest, such exchanges may be made for other than equal
value.
(g) National Wildlife Refuge System lands subject of patents; Federal
reservation of first refusal rights; provision in patents for
continuing application of laws and regulations governing Refuge
If a patent is issued to any Village Corporation for land in the
National Wildlife Refuge System, the patent shall reserve to the United
States the right of first refusal if the land is ever sold by the
Village Corporation. Notwithstanding any other provision of this
chapter, every patent issued by the Secretary pursuant to this chapter--
which covers lands lying within the boundaries of a National Wildlife
Refuge on December 18, 1971, shall contain a provision that such lands
remain subject to the laws and regulations governing use and development
of such Refuge.
(h) Withdrawals of public lands; termination date
(1) All withdrawals made under this chapter, except as otherwise
provided in this subsection, shall terminate within four years of
December 18, 1971: Provided, That any lands selected by Village or
Regional Corporations or by a Native group under section 1611 of this
title shall remain withdrawn until conveyed pursuant to section 1613 of
this title.
(2) The withdrawal of lands made by section 1610(a)(2) and section
1615 of this title shall terminate three years from December 18, 1971.
(3) The provisions of this section shall not apply to any
withdrawals made under section 1616 of this title.
(4) The Secretary is authorized to terminate any withdrawal made by
or pursuant to this chapter whenever he determines that the withdrawal
is no longer necessary to accomplish the purposes of this chapter.
(i) Administration of withdrawn lands; contracting and other authority
of Secretaries not impaired by withdrawal
Prior to a conveyance pursuant to section 1613 of this title, lands
withdrawn by or pursuant to sections 1610, 1613, and 1615 of this title
shall be subject to administration by the Secretary, or by the Secretary
of Agriculture in the case of National Forest lands, under applicable
laws and regulations, and their authority to make contracts and to grant
leases, permits, rights-of-way, or easements shall not be impaired by
the withdrawal.
(j) Interim conveyances and underselections
(1) Where lands to be conveyed to a Native, Native Corporation, or
Native group pursuant to this chapter as amended and supplemented have
not been surveyed, the same may be conveyed by the issuance of an
``interim conveyance'' to the party entitled to the lands. Subject to
valid existing rights and such conditions and reservations authorized by
law as are imposed, the force and effect of such an interim conveyance
shall be to convey to and vest in the recipient exactly the same right,
title, and interest in and to the lands as the recipient would have
received had he been issued a patent by the United States. Upon survey
of lands covered by an interim conveyance a patent thereto shall be
issued to the recipient. The boundaries of the lands as defined and
conveyed by the interim conveyance shall not be altered but may then be
redescribed, if need be, in reference to the plat of survey. The
Secretary shall make appropriate adjustments to insure that the
recipient receives his full entitlement. Where the term ``patent,'' or a
derivative thereof, is used in this chapter unless the context precludes
such construction, it shall be deemed to include ``interim conveyance,''
and the conveyances of land to Natives and Native Corporations provided
for this chapter shall be as fully effectuated by the issuance of
interim conveyances as by the issuance of patents.
(2) Where lands selected and conveyed, or to be conveyed to a
Village Corporation are insufficient to fulfill the Corporation's
entitlement under section 1611(b), 1613(a), 1615(b), or 1615(d) of this
title, the Secretary is authorized to withdraw twice the amount of
unfulfilled entitlement and provide the Village Corporation ninety days
from receipt of notice from the Secretary to select from the lands
withdrawn the land it desires to fulfill its entitlement. In making the
withdrawal, the Secretary shall first withdraw public lands that were
formerly withdrawn for selection by the concerned Village Corporation by
or pursuant to section 1610(a)(1), 1610(a)(3), 1615(a), or 1615(d) of
this title. Should such lands no longer be available, the Secretary may
withdraw public lands that are vacant, unreserved, and unappropriated,
except that the Secretary may withdraw public lands which had been
previously withdrawn pursuant to section 1616(d) of this title. Any
subsequent selection by the Village Corporation shall be in the manner
provided in this chapter for such original selections.
(k) National forest land patents; conditions
Any patents to lands under this chapter which are located within the
boundaries of a national forest shall contain such conditions as the
Secretary deems necessary to assure that:
(1) the sale of any timber from such lands shall, for a period
of five years, be subject to the same restrictions relating to the
export of timber from the United States as are applicable to
national forest lands in Alaska under rules and regulations of the
Secretary of Agriculture; and
(2) such lands are managed under the principle of sustained
yield and under management practices for protection and enhancement
of environmental quality no less stringent than such management
practices on adjacent national forest lands for a period of twelve
years.
(l) Land selection limitation; proximity to home rule or first class
city and Ketchikan
Notwithstanding any provision of this chapter, no Village or
Regional Corporation shall select lands which are within two miles from
the boundary, as it exists on December 18, 1971, of any home rule or
first class city (excluding boroughs) or which are within six miles from
the boundary of Ketchikan.
(m) Licenses held by Alaska Native regional corporations
An Alaska Native regional corporation organized pursuant to this
chapter, or an affiliate thereof, that holds a Federal Communications
Commission license in the personal communications service as of the date
of enactment of this section \2\ and has either paid for such license in
full or has complied with the payment schedules for such license shall
be permitted to transfer or assign without penalty such license to any
transferee or assignee. No economic penalties shall apply to any
transfer or assignment authorized under this section. Any amounts owed
to the United States for the initial grant of such licenses shall become
immediately due and payable upon the consummation of any such transfer
or assignment. Any application for such a transfer or assignment shall
be deemed granted if not denied by the Commission within 90 days of the
date on which it was initially filed. Any provision of law or regulation
to the contrary is hereby amended.
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\2\ See References in Text note below.
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(Pub. L. 92-203, Sec. 22, Dec. 18, 1971, 85 Stat. 713; Pub. L. 94-204,
Sec. 17, Jan. 2, 1976, 89 Stat. 1156; Pub. L. 96-487, title XIV,
Sec. 1410, Dec. 2, 1980, 94 Stat. 2496; Pub. L. 102-415, Sec. 14, Oct.
14, 1992, 106 Stat. 2121; Pub. L. 104-42, title I, Sec. 102, Nov. 2,
1995, 109 Stat. 353; Pub. L. 105-333, Sec. 7, Oct. 31, 1998, 112 Stat.
3133; Pub. L. 106-259, title VIII, Sec. 8149, Aug. 9, 2000, 114 Stat.
706.)
References in Text
The public land laws, referred to in subsec. (b), are classified
generally to this title.
Section 682 of this title, referred to in subsec. (b), probably
means section 682a of this title which was repealed by Pub. L. 94-579,
title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787.
The general mining laws, referred to in subsec. (c), are classified
generally to Title 30, Mineral Lands and Mining.
The Alaska National Interest Lands Conservation Act, referred to in
subsec. (c)(2)(A)(i), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of Title 16, Conservation, and
Tables.
Section 6(i) of the Alaska Statehood Act, referred to in subsec.
(f), is section 6(i) of Pub. L. 85-508, which is set out as a note
preceding section 21 of Title 48, Territories and Insular Possessions.
The date of enactment of this section, referred to in subsec. (m),
probably means the date of enactment of Pub. L. 106-259, which enacted
subsec. (m) of this section and was approved Aug. 9, 2000.
Amendments
2000--Subsec. (m). Pub. L. 106-259, which directed the addition of
subsec. (m) at the end of section 1621 of Public Law 92-204, was
executed by adding subsec. (m) at the end of this section, which is
section 22 of Pub. L. 92-203, to reflect the probable intent of
Congress.
1998--Subsec. (c)(3). Pub. L. 105-333 substituted ``Regional
Corporation'' for ``regional corporation'' wherever appearing and
inserted at end ``The provisions of this section shall apply to Haida
Corporation and the Haida Traditional Use Sites, which shall be treated
as a Regional Corporation for the purposes of this paragraph, except
that any revenues remitted to Haida Corporation under this section shall
not be subject to distribution pursuant to section 1606(i) of this
title.''
1995--Subsec. (c)(3). Pub. L. 104-42 added par. (3).
1992--Subsec. (c). Pub. L. 102-415 designated existing provisions as
par. (1) and added par. (2).
1980--Subsec. (j). Pub. L. 96-487 substituted provision authorizing
Secretary to convey lands by interim conveyance when the lands have not
been surveyed, upon survey to issue a patent and redescribe the lands if
necessary, and, where lands selected and conveyed, or to be conveyed, to
a Village Corporation are insufficient to fulfill the Corporation's
entitlement, to withdraw twice the amount of unfulfilled entitlement and
provide the Village Corporation 90 days from receipt of notice to select
from the lands withdrawn the land it desires to fulfill its entitlement
for provision authorizing the Secretary, in any area of Alaska for which
protraction diagrams do not exist, which does not conform to the United
States Land Survey System, or which has not been adequately surveyed to
permit selection, to take such actions as are necessary to accomplish
the purposes of this chapter.
1976--Subsec. (f). Pub. L. 94-204 authorized State of Alaska to make
direct exchanges of land between it and Native Corporations, authorized
State to transfer mineral interests, notwithstanding section 6(i) of the
Alaska Statehood Act, to Federal agencies in such exchanges, and
authorized exchanges on a basis other than equal value, by agreement of
the parties or if deemed in the public interest.
Section Referred to in Other Sections
This section is referred to in sections 1610, 1620, 1621, 1633,
1634, 1636, 1641 of this title.
