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U.S. Code as of:
01/19/04
Section 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reserved or withdrawn in accordance with Public Land Order 4582, as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.
(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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