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U.S. Code as of:
01/19/04
Section 1636. Alaska land bank
(a) Establishment; agreements
(1) In order to enhance the quantity and quality of Alaska's
renewable resources and to facilitate the coordinated management
and protection of Federal, State, and Native and other private
lands, there is hereby established the Alaska Land Bank Program.
Any private landowner is authorized as provided in this section to
enter into a written agreement with the Secretary if his lands
adjoin, or his use of such lands would directly affect, Federal
land, Federal and State land, or State land if the State is not
participating in the program. Any private landowner described in
subsection (d)(1) of this section whose lands do not adjoin, or
whose use of such lands would not directly affect either Federal or
State lands also is entitled to enter into an agreement with the
Secretary. Any private landowner whose lands adjoin, or whose use
of such lands would directly affect, only State, or State and
private lands, is authorized as provided in this section to enter
into an agreement with the State of Alaska if the State is
participating in the program. If the Secretary is the contracting
party with the private landowner, he shall afford the State an
opportunity to participate in negotiations and become a party to
the agreement. An agreement may include all or part of the lands of
any private landowner: Provided, That no lands shall be included in
the agreement unless the Secretary, or the State, determines that
the purposes of the program will be promoted by their inclusion.
(2) If a private landowner consents to the inclusion in an
agreement of the stipulations provided in subsections (b)(1),
(b)(2), (b)(4), (b)(5), and (b)(7) of this section, and if such
owner does not insist on any additional terms which are
unacceptable to the Secretary or the State, as appropriate, the
owner shall be entitled to enter into an agreement pursuant to this
section. If an agreement is not executed within one hundred and
twenty days of the date on which a private landowner communicates
in writing his consent to the stipulations referred to in the
preceding sentence, the appropriate Secretary or State agency head
shall execute an agreement. Upon such execution, the private owner
shall receive the benefits provided in subsection (c) hereof.
(3) No agreement under this section shall be construed as
affecting any land, or any right or interest in land, of any owner
not a party to such agreement.
(b) Terms of agreement
Each agreement referred to in subsection (a) of this section
shall have an initial term of ten years, with provisions, if any,
for renewal for additional periods of five years. Such agreement
shall contain the following terms:
(1) The landowner shall not alienate, transfer, assign,
mortgage, or pledge the lands subject to the agreement except as
provided in section 14(c) of the Alaska Native Claims Settlement
Act [43 U.S.C. 1613(c)], or permit development or improvement on
such lands except as provided in the agreement. For the purposes
of this section only, each agreement entered into with a
landowner described in subsection (d)(1) of this section shall
constitute a restriction against alienation imposed by the United
States upon the lands subject to the agreement.
(2) Lands subject to the agreement shall be managed by the
owner in a manner compatible with the management plan, if any,
for the adjoining Federal or State lands, and with the
requirements of this subsection. If lands subject to the
agreement do not adjoin either Federal or State lands, they shall
be managed in a manner compatible with the management plan, if
any, of Federal or State lands which would be directly affected
by the use of such private lands. If no such plan has been
adopted, or if the use of such private lands would not directly
affect either Federal or State lands, the owner shall manage such
lands in accordance with the provisions in paragraph (1) of this
subsection. Except as provided in (3) (!1) of this subsection,
nothing in this section or the management plan of any Federal or
State agency shall be construed to require a private landowner to
grant public access on or across his lands.
(3) If the surface landowner so consents, such lands may be
made available for local or other recreational use: Provided,
That the refusal of a private landowner to permit the uses
referred to in this subsection shall not be grounds for the
refusal of the Secretary or the State to enter into an agreement
with the landowner under this section.
(4) Appropriate Federal and/or State agency heads shall have
reasonable access to such privately owned land for purposes
relating to the administration of the adjoining Federal or State
lands, and to carry out their obligations under the agreement.
(5) Reasonable access to such land by officers of the State
shall be permitted for purposes of conserving fish and wildlife.
(6) Those services or other consideration which the appropriate
Secretary or the State shall provide to the owner pursuant to
subsection (c)(1) of this section shall be set forth.
(7) All or part of the lands subject to the agreement may be
withdrawn from the Alaska land bank program not earlier than
ninety days after the landowner -
(A) submits written notice thereof to the other parties which
are signatory to the agreement; and
(B) pays all Federal, State and local property taxes and
assessments which, during the particular term then in effect,
would have been incurred except for the agreement, together
with interest on such taxes and assessments in an amount to be
determined at the highest rate of interest charged with respect
to delinquent property taxes by the Federal, State or local
taxing authority, if any.
(8) The agreement may contain such additional terms, which are
consistent with the provisions of this section, as seem desirable
to the parties entering into the agreement: Provided, That the
refusal of the landowner to agree to any additional terms shall
not be grounds for the refusal of the Secretary or the State to
enter into an agreement with the landowner under this section.
(c) Benefits to private landowners
(1) In addition to any requirement of applicable law, the
appropriate Secretary is authorized to provide technical and other
assistance with respect to fire control, trespass control, resource
and land use planning, and the protection, maintenance, and
enhancement of any special values of the land subject to the
agreement, all with or without reimbursement as agreed upon by the
parties, so long as the landowner is in compliance with the
agreement.
(2) The provision of section 21(e) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1620(e)] shall apply to all lands which
are subject to an agreement made pursuant to this section so long
as the parties to the agreement are in compliance therewith.
(d) Automatic protections for lands conveyed pursuant to Alaska
Native Claims Settlement Act
(1)(A) Notwithstanding any other provision of law or doctrine of
equity, all land and interests in land in Alaska conveyed by the
Federal Government pursuant to the Alaska Native Claims Settlement
Act [43 U.S.C. 1601 et seq.] to a Native individual or Native
Corporation or subsequently reconveyed by a Native Corporation
pursuant to section 39 of that Act [43 U.S.C. 1629e] to a
Settlement Trust or conveyed to a Native Corporation pursuant to an
exchange authorized by section 22(f) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1621(f)] or section 3192(h) of title 16
or other applicable law shall be exempt, so long as such land and
interests are not developed or leased or sold to third parties from
-
(i) adverse possession and similar claims based upon estoppel;
(ii) real property taxes by any governmental entity;
(iii) judgments resulting from a claim based upon or arising
under -
(I) title 11 or any successor statute,
(II) other insolvency or moratorium laws, or
(III) other laws generally affecting creditors' rights;
(iv) judgments in any action at law or in equity to recover
sums owed or penalties incurred by a Native Corporation or
Settlement Trust or any employee, officer, director, or
shareholder of such corporation or trust, unless this exemption
is contractually waived prior to the commencement of such action;
and
(v) involuntary distributions or conveyances related to the
involuntary dissolution of a Native Corporation or Settlement
Trust.
(B) Except as otherwise provided (!2) specifically provided, the
exemptions described in subparagraph (A) shall apply to any claim
or judgment existing on or arising after February 3, 1988.
(2) Definitions. - (A) For purposes of this subsection, the term
-
(i) "Developed" means a purposeful modification of land, or an
interest in land, from its original state that effectuates a
condition of gainful and productive present use without further
substantial modification. Any such modification shall be
performed by the Native individual or Native Corporation.
Surveying, construction of roads, providing utilities, or other
similar actions, which are normally considered to be component
parts of the development process but do not create the condition
described in the preceding sentence, shall not constitute a
developed state within the meaning of this clause. In order to
terminate the exemptions listed in paragraph (1), land, or an
interest in land, must be developed for purposes other than
exploration, and the exemptions will be terminated only with
respect to the smallest practicable tract actually used in the
developed state. Any lands previously developed by third-party
trespassers shall not be considered to have been developed.; (!3)
(ii) "Exploration" means the examination and investigation of
undeveloped land to determine the existence of subsurface
nonrenewable resources; and
(iii) "Leased" means subjected to a grant of primary possession
entered into for a gainful purpose with a determinable fee
remaining in the hands of the grantor. With respect to a lease
that conveys rights of exploration and development, the
exemptions listed in paragraph (1) shall continue with respect to
that portion of the leased tract that is used solely for the
purposes of exploration.
(B) For purposes of this subsection -
(i) land shall not be considered developed solely as a result
of -
(I) the construction, installation, or placement upon such
land of any structure, fixture, device, or other improvement
intended to enable, assist, or otherwise further subsistence
uses or other customary or traditional uses of such land, or
(II) the receipt of fees related to hunting, fishing, and
guiding activities conducted on such land;
(ii) land upon which timber resources are being harvested shall
be considered developed only during the period of such harvest
and only to the extent that such land is integrally related to
the timber harvesting operation;
(iii) land subdivided by a State or local platting authority on
the basis of a subdivision plat submitted by the holder of the
land or its agent, shall be considered developed on the date an
approved subdivision plat is recorded by such holder or agent
unless the subdivided property is a remainder parcel; and
(iv) lands or interest in lands shall not be considered
developed or leased or sold to a third party as a result of an
exchange or conveyance of such land or interest in land between
or among Native Corporations and trusts, partnerships,
corporations, or joint ventures, whose beneficiaries, partners,
shareholders, or joint venturers are Native Corporations.
(3) Action by a Trustee. - (A) Except as provided in this
paragraph and in section 14(c)(3) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1613(c)(3)] no trustee, receiver, or
custodian vested pursuant to applicable Federal or State law with a
right, title, or interest of a Native individual or Native
Corporation shall -
(i) assign or lease to a third party,
(ii) commence development or use of, or
(iii) convey to a third party,
any right, title, or interest in any land, or interests in land,
subject to the exemptions described in paragraph (1).
(B) The prohibitions of subparagraph (A) shall not apply -
(i) when the actions of such trustee, receiver, or custodian
are for purposes of exploration or pursuant to a judgment in law
or in equity (or arbitration award) arising out of any claim made
pursuant to section 7(i) or section 14(c) of the Alaska Native
Claims Settlement Act [43 U.S.C. 1606(i) or 1613(c)];
(ii) to any land, or interest in land, which has been -
(I) developed or leased prior to the vesting of the trustee,
receiver, or custodian with the right, title, or interest of
the Native Corporation; or
(II) expressly pledged as security for any loan or expressly
committed to any commercial transaction in a valid agreement;
or
(iii) to actions by any trustee whose right, title, or interest
in land or interests in land arises pursuant to an agreement
between or among Native Corporations and trusts, partnerships, or
joint ventures whose beneficiaries, partners, shareholders, or
joint venturers are Native Corporations.
(4) Exclusions, Reattachment of Exemptions. - (A) The exemptions
listed in paragraph (1) shall not apply to any land, or interest in
land, which is -
(i) developed or leased or sold to a third party;
(ii) held by a Native Corporation in which neither -
(I) the Settlement Common Stock of the corporation,
(II) the Settlement Common Stock of the corporation and other
stock of the corporation held by holders of Settlement Common
Stock, nor
(III) the Settlement Common Stock of the corporation and
other stock of the corporation held by holders of Settlement
Common Stock and by Natives and descendants of Natives,
represents a majority of either the total equity of the
corporation or the total voting power of the corporation for the
purposes of electing directors; or
(iii) held by a Settlement Trust with respect to which any of
the conditions set forth in section 39 of the Alaska Native
Claims Settlement Act [43 U.S.C. 1629e] have been violated.
(B) The exemptions described in clauses (iii), (iv), and (v) of
paragraph (1)(A) shall not apply to any land, or interest in land -
(i) to the extent that such land or interest is expressly
pledged as security for any loan or expressly committed to any
commercial transaction in a valid agreement, and
(ii) to the extent necessary to enforce a judgment in any
action at law or in equity (or any arbitration award) arising out
of any claim made pursuant to section 7(i) or section 14(c) of
the Alaska Native Claims Settlement Act [43 U.S.C. 1606(i) or
1613(c)].
(C) If the exemptions listed in paragraph (1) are terminated with
respect to land, or an interest in land, as a result of development
(or a lease to a third party), and such land, or interest in land,
subsequently reverts to an undeveloped state (or the third-party
lease is terminated), then the exemptions shall again apply to such
land, or interest in land, in accordance with the provisions of
this subsection.
(5) Tax Recapture Upon Subdivision Plat Recordation. - (A) Upon
the recordation with an appropriate government authority of an
approved subdivision plat submitted by, or on behalf of, a Native
individual, Native Corporation, or Settlement Trust with respect to
land described in paragraph (1), such individual, corporation, or
trust shall pay in accordance with this paragraph all State and
local property taxes on the smallest practicable tract integrally
related to the subdivision project that would have been incurred by
the individual, corporation, or trust on such land (excluding the
value of subsurface resources and timber) in the absence of the
exemption described in paragraph (1)(A)(ii) during the thirty
months prior to the date of the recordation of the plat.
(B) State and local property taxes specified in subparagraph (A)
of this paragraph (together with interest at the rate of 5 per
centum per annum commencing on the date of recordation of the
subdivision plat) shall be paid in equal semi-annual installments
over a two-year period commencing on the date six months after the
date of recordation of the subdivision plat.
(C) At least thirty days prior to final approval of a plat of the
type described in subparagraph (A), the government entity with
jurisdiction over the plat shall notify the submitting individual,
corporation, or trust of the estimated tax liability that would be
incurred as a result of the recordation of the plat at the time of
final approval.
(6) Savings. - (A) No provision of this subsection shall be
construed to impair, or otherwise affect, any valid contract or
other obligation that was entered into prior to February 3, 1988.
(B) Enactment of this subsection shall not affect any real
property tax claim in litigation on February 3, 1988.
(e) Condemnation
All land subject to an agreement made pursuant to subsection (a)
of this section and all land, and interests in land, conveyed or
subsequently reconveyed pursuant to the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.] to a Native individual,
Native Corporation, or Settlement Trust shall be subject to
condemnation for public purposes in accordance with the provisions
of this Act and other applicable law.
(f) Existing contracts
Nothing in this section shall be construed as impairing, or
otherwise affecting in any manner, any contract or other obligation
which was entered into prior to December 2, 1980, or which (1)
applies to any land which is subject to an agreement, and (2) was
entered into before the agreement becomes effective.
(g) State jurisdiction
Except as expressly provided in subsection (d) of this section,
no provision of this section shall be construed as affecting the
civil or criminal jurisdiction of the State of Alaska.
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