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U.S. Code as of:
01/19/04
Section 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is repealed.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.
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