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U.S. Code as of:
01/19/04
Section 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(c) Prohibition against selection of lands from withdrawn area in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the area withdrawn.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withdrawn from all forms of appropriation under the public land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whether any portion of these lands should be withdrawn under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or reclassify any lands so withdrawn and to open such lands to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within the areas withdrawn pursuant to section 1610 of this title.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.
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