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U.S. Code as of:
01/19/04
Section 1635. State selections and conveyances
(a) Omitted
(b) School lands settlement
(1) In full and final settlement of any and all claims by the
State of Alaska arising under the Act of March 4, 1915 (38 Stat.
1214), as confirmed and transferred in section 6(k) of the Alaska
Statehood Act, the State is hereby granted seventy-five thousand
acres which it shall be entitled to select until January 4, 1994,
from vacant, unappropriated, and unreserved public lands. In
exercising the selection rights granted herein, the State shall be
deemed to have relinquished all claims to any right, title, or
interest to any school lands which failed to vest under the above
statutes at the time Alaska became a State (January 3, 1959),
including lands unsurveyed on that date or surveyed lands which
were within Federal reservations or withdrawals on that date.
(2) Except as provided herein, such selections shall be made in
conformance with the provisions for selections under section 6(b)
of the Alaska Statehood Act. Selections made under this subsection
shall be in units of whole sections as shown on the official survey
plats of the Bureau of Land Management, including protraction
diagrams, unless part of the section is unavailable or the land is
otherwise surveyed, or unless the Secretary waives the whole
section requirement.
(3) Lands selected and conveyed to the State under this
subsection shall be subject to the provisions of subsections (j)
and (k) of section 6 of the Alaska Statehood Act.
(c) Prior tentative approvals
(1) All tentative approvals of State of Alaska land selections
pursuant to the Alaska Statehood Act are hereby confirmed, subject
only to valid existing rights and Native selection rights under the
Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and
the United States hereby confirms that all right, title, and
interest of the United States in and to such lands is deemed to
have vested in the State of Alaska as of the date of tentative
approval; except that this subsection shall not apply to tentative
approvals which, prior to December 2, 1980, have been relinquished
by the State, or have been finally revoked by the United States
under authority other than authority under section 11(a)(2), 12(a),
or 12(b) of the Alaska Native Claims Settlement Act [43 U.S.C.
1610(a)(2), 1611(a), or 1611(b)].
(2) Upon approval of a land survey by the Secretary, such lands
shall be patented to the State of Alaska.
(3) If the State elects to receive patent to any of the lands
which are the subject of this subsection on the basis of
protraction surveys in lieu of field surveys, the Secretary shall
issue patent to the State on that basis within six months after
notice of such election. For townships having such adverse claims
of record, patent on the basis of protraction surveys shall be
issued as soon as practicable after such election.
(4) Future tentative approvals of State land selections, when
issued, shall have the same force and effect as those existing
tentative approvals which are confirmed by this subsection and
shall be processed for patent by the same administrative procedures
as specified in paragraphs (2) and (3) of this subsection.
(d) Prior State selections
(1) In furtherance of the State's entitlement to lands under
section 6(b) of the Alaska Statehood Act, the United States hereby
conveys to the State of Alaska, subject only to valid existing
rights and Native selection rights under the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.], all right, title and
interest of the United States in and to all vacant, unappropriated,
and unreserved lands, including lands subject to subsection (l) of
this section, which are specified in the list entitled "Prior State
of Alaska Selections to be Conveyed by Congress", dated July 24,
1978, submitted by the State of Alaska and on file in the Office of
the Secretary except those Federal lands which are specified in a
list dated October 19, 1979, submitted by the State of Alaska and
on file with the Office of the Secretary. If any of those townships
listed above contain lands within the boundaries of any
conservation system unit, national conservation area, national
recreation area, new national forest or forest addition,
established, designated, or expanded by this Act, then only those
lands within such townships which have been previously selected by
the State of Alaska shall be conveyed pursuant to this subsection.
(2) In furtherance of the State's entitlement to lands under
section 6(a) of the Alaska Statehood Act, the United States hereby
conveys to the State of Alaska, subject only to valid existing
rights and Native selection rights under the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.], all right, title and
interest of the United States in and to all valid land selections
made from the national forests under authority of said section 6(a)
which have been approved by the Secretary of Agriculture prior to
July 1, 1979.
(3) As soon as practicable after December 2, 1980, the Secretary
shall issue tentative approvals to such State selections as
required by the Alaska Statehood Act and pursuant to subsection (i)
of this section. The sequence of issuance of such tentative
approvals shall be on the basis of priorities determined by the
State.
(4) Upon approval of a land survey by the Secretary, such lands
shall be patented to the State of Alaska.
(5) If the State elects to receive patent to any of the lands
which are the subject of this subsection on the basis of
protraction surveys in lieu of field surveys, the Secretary shall
issue patent to the State on that basis within six months after
notice of such election for townships having no adverse claims on
the public land records. For townships having such adverse claims
of record, patent on the basis of protraction surveys shall be
issued as soon as practicable after such election.
(6) Future valid State land selections shall be subject only to
valid existing rights and Native selection rights under the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
(e) Future "top filings"
Subject to valid existing rights and Native selection rights
under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et
seq.], the State, at its option, may file future selection
applications and amendments thereto, pursuant to section 6(a) or
(b) of the Alaska Statehood Act or subsection (b) of this section,
for lands which are not, on the date of filing of such
applications, available within the meaning of section 6(a) or (b)
of the Alaska Statehood Act, other than lands within any
conservation system unit or the National Petroleum Reserve -
Alaska. Each such selection application, if otherwise valid, shall
become an effective selection without further action by the State
upon the date the lands included in such application become
available within the meaning of subsection (a) or (b) of section 6
regardless of whether such date occurs before or after expiration
of the State's land selection rights. Selection applications
heretofore filed by the State may be refiled so as to become
subject to the provisions of this subsection; except that no such
refiling shall prejudice any claim of validity which may be
asserted regarding the original filing of such application. Nothing
contained in this subsection shall be construed to prevent the
United States from transferring a Federal reservation or
appropriation from one Federal agency to another Federal agency for
the use and benefit of the Federal Government.
(f) Right to overselect
(1) The State of Alaska may select lands exceeding by not more
than 25 per centum in total area the amount of State entitlement
which has not been patented or tentatively approved under each
grant or confirmation of lands to the State contained in the Alaska
Statehood Act or other law. If its selections under a particular
grant exceed such remaining entitlement, the State shall thereupon
list all selections for that grant which have not been tentatively
approved in desired priority order of conveyance, in blocks no
larger than one township in size; except that the State may alter
such priorities prior to receipt of tentative approval. Upon
receipt by the State of subsequent tentative approvals, such excess
selections shall be reduced by the Secretary pro rata by rejecting
the lowest prioritized selection blocks necessary to maintain a
maximum excess selection of 25 per centum of the entitlement which
has not yet been tentatively approved or patented to the State
under each grant.
(2) The State of Alaska may, by written notification to the
Secretary, relinquish any selections of land filed under the Alaska
Statehood Act or subsection (b) of this section prior to receipt by
the State of tentative approval, except that lands conveyed
pursuant to subsection (g) of this section may not be relinquished
pursuant to this paragraph.
(3) Omitted
(g) Conveyance of specified lands
In furtherance of the State's entitlement to lands under section
6(b) of the Alaska Statehood Act, the United States hereby conveys
to the State of Alaska all right, title, and interest of the United
States in and to all vacant, unappropriated, and unreserved lands,
including lands subject to subsection (e) of this section but which
lie within those townships outside the boundaries of conservation
system units, National Conservation Areas, National Recreation
Areas, new national forests and forest additions, established,
designated, or expanded by this Act, which are specified in the
list entitled "State Selection Lands May 15, 1978", dated July 24,
1978, submitted by the State of Alaska and on file in the office of
the Secretary of the Interior. The denomination of lands in such
list which are not, on December 2, 1980, available lands within the
meaning of section 6(b) of the Alaska Statehood Act and this Act
shall be treated as a future selection application pursuant to
subsection (e) of this section, to the extent such an application
could have been filed under such subsection (e) of this section.
(h) Limitation of conveyances of specified lands tentative
approvals; surveys
(1) Lands identified in subsection (g) of this section are
conveyed to the State subject to valid existing rights and Native
selection rights under the Alaska Native Claims Settlement Act [43
U.S.C. 1601 et seq.]. All right, title, and interest of the United
States in and to such lands shall vest in the State of Alaska as of
December 2, 1980, subject to those reservations specified in
subsection (l) of this section.
(2) As soon as practicable after December 2, 1980, the Secretary
shall issue to the State tentative approvals to such lands as
required by the Alaska Statehood Act and pursuant to subsection (i)
of this section. The sequence of issuance of such tentative
approvals shall be on the basis of priorities determined by the
State.
(3) Upon approval of a land survey by the Secretary, those lands
identified in subsection (g) of this section shall be patented to
the State of Alaska.
(4) If the State elects to receive patent to any of the lands
which are identified in subsection (g) of this section on the basis
of protraction surveys in lieu of field surveys, the Secretary
shall issue patent to the State on that basis within six months
after notice of such election for townships having no adverse
claims on the public land records. For townships having such
adverse claims of record, patent on the basis of protraction
surveys shall be issued as soon as practicable after such election.
(i) Adjudication
Nothing contained in this section shall relieve the Secretary of
the duty to adjudicate conflicting claims regarding the lands
specified in subsection (g) of this section, or otherwise selected
under authority of the Alaska Statehood Act, subsection (b) of this
section, or other law, prior to the issuance of tentative approval.
(j) Clarification of land status outside units
As to lands outside the boundaries of a conservation system unit,
National Recreation Areas, National Conservation Areas, new
national forests and forest additions, the following withdrawals,
classifications, or designations shall not, of themselves, remove
the lands involved from the status of vacant, unappropriated, and
unreserved lands for the purposes of subsection (d) or (g) of this
section and future State selections pursuant to the Alaska
Statehood Act or subsection (b) of this section:
(1) withdrawals for classification pursuant to section 17(d)(1)
of the Alaska Native Claims Settlement Act [43 U.S.C.
1616(d)(1)]; except that, in accordance with the Memorandum of
Understanding between the United States and the State of Alaska
dated September 2, 1972, to the extent that Public Land Orders
Numbered 5150, 5151, 5181, 5182, 5184, 5187, 5190, 5194, and 5388
by their terms continue to prohibit State selections of certain
lands, such lands shall remain unavailable for future State
selection except as provided by subsection (e) of this Act; (!1)
(2) withdrawals pursuant to section 11 of the Alaska Native
Claims Settlement Act [43 U.S.C. 1610], which are not finally
conveyed pursuant to section 12, 14, or 19 of such Act [43 U.S.C.
1611, 1613, or 1618];
(3) classifications pursuant to the Classification and Multiple
Use Act (78 Stat. 987);
(4) classifications or designations pursuant to the National
Forest Management Act (90 Stat. 2949) as amended; and
(5) classifications, withdrawals exceeding 5,000 acres (except
withdrawals exceeding 5,000 acres which the Congress, by
concurrent resolution, approves within 180 days of the withdrawal
or December 2, 1980, whichever occurs later), or designations
pursuant to the Federal Land Policy and Management Act (90 Stat.
2743) [43 U.S.C. 1701 et seq.].
(k) Interim provisions
Notwithstanding any other provision of law, on lands selected by,
or granted or conveyed to, the State of Alaska under section 6 of
the Alaska Statehood Act or this Act, but not yet tentatively
approved to the State:
(1) The Secretary is authorized to make contracts and grant
leases, licenses, permits, rights-of-way, or easements, and any
tentative approval or patent shall be subject to such contract,
lease, license, permit, right-of-way, or easement; except that
(A) the authority granted the Secretary by this subsection is
that authority the Secretary otherwise would have had under
existing laws and regulations had the lands not been selected by
the State, and (B) the State has concurred prior to such action
by the Secretary.
(2) On and after December 2, 1980, 90 per centum of any and all
proceeds derived from contracts, leases, licenses, permits,
rights-of-way, or easements or from trespasses originating after
the date of selection by the State shall be held by the Secretary
until such lands have been tentatively approved to the State. As
such lands are tentatively approved, the Secretary shall pay to
the State from such account the proceeds allocable to such lands
which are derived from contracts, leases, licenses, permits,
rights-of-way, easements, or trespasses. The proceeds derived
from contracts, leases, licenses, permits, rights-of-way,
easements or trespasses and deposited to the account pertaining
to lands selected by the State but not tentatively approved due
to rejection or relinquishment shall be paid as would have been
required by law were it not for the provisions of this Act. In
the event that the tentative approval does not cover all of the
land embraced within any contract, lease, license, permit,
right-of-way, easement, or trespass, the State shall only be
entitled to the proportionate amount of the proceeds derived from
such contract, lease, license, permit, right-of-way, or easement,
which results from multiplying the total of such proceeds by a
fraction in which the numerator is the acreage of such contract,
lease, license, permit, right-of-way, or easement which is
included in the tentative approval and the denominator is the
total acreage contained in such contract, lease, license, permit,
right-of-way, or easement; in the case of trespass, the State
shall be entitled to the proportionate share of the proceeds in
relation to the damages occurring on the respective lands.
(3) Nothing in this subsection shall relieve the State or the
United States of any obligations under section 9 of the Alaska
Native Claims Settlement Act [43 U.S.C. 1608] or the fourth
sentence of section 6(h) of the Alaska Statehood Act.
(l) Existing rights
(1) All conveyances to the State under section 6 of the Alaska
Statehood Act, this Act, or any other law, shall be subject to
valid existing rights, to Native selection rights under the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and to any
right-of-way or easement reserved for or appropriated by the United
States prior to selection of the underlying lands by the State of
Alaska.
(2) Where, prior to a conveyance to the State, a right-of-way or
easement has been reserved for or appropriated by the United States
or a contract, lease, permit, right-of-way, or easement has been
issued for the lands, the conveyance shall contain provisions
making it subject to the right-of-way or easement reserved or
appropriated and to the contract, lease, license, permit,
right-of-way, or easement issued or granted, and also subject to
the right of the United States, contractee, lessee, licensee,
permittee, or grantee to the complete enjoyment of all rights,
privileges, and benefits previously granted, issued, reserved, or
appropriated. Upon issuance of tentative approval, the State shall
succeed and become entitled to any and all interests of the United
States as contractor, lessor, licensor, permittor,(!2) or grantor,
in any such contracts, leases, licenses, permits, rights-of-way, or
easements, except those reserved to the United States in the
tentative approval.
(3) The administration of rights-of-way or easements reserved to
the United States in the tentative approval shall be in the United
States, including the right to grant an interest in such
right-of-way or easement in whole or in part.
(4) Where the lands tentatively approved do not include all of
the land involved with any contract, lease, license, permit,
right-of-way, or easement issued or granted, the administration of
such contract, lease, license, permit, right-of-way, or easement
shall remain in the United States unless the agency responsible for
administration waives such administration.
(5) Nothing in this subsection shall relieve the State or the
United States of any obligations under section 9 of the Alaska
Native Claims Settlement Act [43 U.S.C. 1608] or the fourth
sentence of section 6(h) of the Alaska Statehood Act.
(m) Extinguishment of certain time extensions
Any extensions of time periods granted to the State pursuant to
section 17(d)(2)(E) of the Alaska Native Claims Settlement Act [43
U.S.C. 1616(d)(2)(E)] are hereby extinguished, and the time periods
specified in subsections (a) and (b) of this section shall
hereafter be applicable to State selections.
(n) Effect on third-party rights
(1) Nothing in this section shall alter the rights or obligations
of any party with regard to section 12 of the Act of January 2,
1976 (Public Law 94-204), sections 4 and 5 of the Act of October 4,
1976 (Public Law 94-456), or section 3 of the Act of November 15,
1977 (Public Law 94-178).
(2) Any conveyance of land to or confirmation of prior selections
of the State made by this Act or selections allowed under this Act
shall be subject to the rights of Cook Inlet Region, Incorporated,
to nominate lands outside of its region with such nominations to be
superior to any selection made by the State after July 18, 1975,
including any lands conveyed to the State pursuant to subsection
(g) of this section, and to the duty of the Secretary, with consent
of the State, to make certain lands within the Cook Inlet Region
available to the Corporation, both in accordance with the
provisions of section 12(b) of the Act of January 2, 1976 (Public
Law 94-204), as amended.
(3) Nothing in this chapter shall prejudice a claim of validity
or invalidity regarding any third-party interest created by the
State of Alaska prior to December 18, 1971, under authority of
section 6(g) of the Alaska Statehood Act or otherwise.
(4) Nothing in this Act shall affect any right of the United
States or Alaska Natives to seek and receive damages against any
party for trespass against, or other interference with, aboriginal
interests if any, occurring prior to December 18, 1971.
(o) Status of lands within units
(1) Notwithstanding any other provision of law, subject to valid
existing rights any land withdrawn pursuant to section 17(d)(1) of
the Alaska Native Claims Settlement Act [43 U.S.C. 1616(d)(1)] and
within the boundaries of any conservation system unit, National
Recreation Area, National Conservation Area, new national forest or
forest addition, shall be added to such unit and administered
accordingly unless, before, on, or after December 2, 1980, such
land has been validly selected by and conveyed to a Native
Corporation, or unless before December 2, 1980, such land has been
validly selected by, and after December 2, 1980, is conveyed to the
State. At such time as the entitlement of any Native Corporation to
land under the Alaska Native Claims Settlement Act [43 U.S.C. 1601
et seq.] is satisfied, any land within a conservation system unit
selected by such Native Corporation shall, to the extent that such
land is in excess of its entitlement, become part of such unit and
administered accordingly: Provided, That nothing in this subsection
shall necessarily preclude the future conveyance to the State of
those Federal lands which are specified in a list dated October 19,
1979, submitted by the State of Alaska and on file with the Office
of the Secretary: Provided further, That nothing in this subsection
shall affect any conveyance to the State pursuant to subsections
(b), (c), (d), or (g) of this section.
(2) Until conveyed, all Federal lands within the boundaries of a
conservation system unit, National Recreation Area, National
Conservation Area, new national forest or forest addition, shall be
administered in accordance with the laws applicable to such unit.
(p) PYK line
The second proviso of section 6(b) of the Alaska Statehood Act
regarding Presidential approval of land selection north and west of
the line described in section 10 of such Act shall not apply to any
conveyance of land to the State pursuant to subsections (c), (d),
and (g) of this section but shall apply to future State selections.
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