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U.S. Code as of:
01/19/04
Section 1641. Conveyances to Village Corporations
(a) Optional procedure
The provisions of this section shall be applicable only to the
conveyance of Federal lands described herein to a Native
Corporation which within one hundred and eighty days after December
2, 1980, or the date of eligibility determination, whichever is
later, files a document with the Secretary setting forth its
election to receive conveyance pursuant to this section.
(b) "Core" townships, etc.
(1)(A) Except to the extent that conveyance of a surface estate
would be inconsistent with section 12(a), 14(a), 14(b), or 22(l) of
the Alaska Native Claims Settlement Act [43 U.S.C. 1611(a),
1613(a), 1613(b), or 1621(l)], subject to valid existing rights and
section 1633(a) of this title, there is hereby conveyed to and
vested in each Village Corporation for a Native Village which is
determined by the Secretary to be eligible for land under section
11 or 16 of the Alaska Native Claims Settlement Act [43 U.S.C. 1610
or 1615] and which did not elect to acquire a former reserve under
section 19(b) of such Act [43 U.S.C. 1618(b)], all of the right,
title, and interest of the United States in and to the surface
estate in the public lands, as defined in such Act [43 U.S.C. 1601
et seq.], in the township or townships withdrawn pursuant to
section 11(a)(1) or 16(a) of such Act [43 U.S.C. 1610(a)(1) or
1615(a)] in which all or any part of such Village is located. As
used in this paragraph the term "Native Village" has the same
meaning such term has in section 3(c) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1602(c)].
(B) Where two or more Village Corporations are entitled to the
same land by virtue of the same township or townships embracing all
or part of the Native Villages, the conveyance made by paragraph
(A) shall not be effective as to such lands until an arbitration
decision or other binding agreement between or among the
Corporations is filed with and published by the Secretary. Within
thirty days of receipt of such decision or agreement, the Secretary
shall publish notice of the decision or agreement in the Federal
Register. Effective with such publication, title to the lands
conveyed by subparagraph (A) shall vest in the Village Corporation
as specified in the decision or agreement. For purposes of section
1632 of this title, until title vests in the Village Corporation
pursuant to this subparagraph, the Secretary shall consider the
entire acreage involved chargeable to each Corporation's
entitlement.
(2) Except to the extent that conveyance of a surface estate
would be inconsistent with section 12(a), 14(a), or 22(l) of the
Alaska Native Claims Settlement Act [43 U.S.C. 1611(a), 1613(a), or
1621(l)], subject to valid existing rights and section 1633(a) of
this title, there is hereby conveyed to and vested in each Village
Corporation for a Native Village which is determined by the
Secretary to be eligible for land under section 11 of such Act [43
U.S.C. 1610], and which did not elect to acquire a former reserve
under section 19(b) of such Act [43 U.S.C. 1618(b)], all of the
right, title, and interest of the United States in and to the
surface estate in the township or townships withdrawn pursuant to
section 11(a)(2) of such Act [43 U.S.C. 1610(a)(2)] in which all or
any part of such village is located: Provided, That any such land
reserved to or selected by the State of Alaska under the Acts of
March 4, 1915 (38 Stat. 1214), as amended, January 21, 1929 (45
Stat. 1091), as amended, or July 28, 1956 (70 Stat. 709), and lands
selected by the State which have been tentatively approved to the
State under section 6(g) of the Alaska Statehood Act and as to
which the State, prior to December 18, 1971, had conditionally
granted title to, or contracts to purchase, the surface estate to
third parties, including cities and boroughs within the State, and
such reservations, selections, grants, and contracts had not
expired or been relinquished or revoked by December 2, 1980, shall
not be conveyed by operation of this paragraph: And provided
further, That the provisions of subparagraph (1)(B) of this
subsection shall apply to the conveyances under this paragraph.
(3) Subject to valid existing rights and section 1633(a) of this
title, there is hereby conveyed to and vested in each Village
Corporation which, by December 2, 1980, is determined by the
Secretary to be eligible under the Alaska Native Claims Settlement
Act [43 U.S.C. 1601 et seq.] to, and has elected to, acquire title
to any estate pursuant to section 19(b) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1618(b)], all of the right, title, and
interest of the United States in and to the estates in a reserve,
as such reserve existed on December 18, 1971, which was set aside
for the use or benefit of the stockholders or members of such
Corporation before December 18, 1971. Nothing in this paragraph
shall apply to the Village Corporation for the Native village of
Klukwan, which Corporation shall receive those rights granted to it
by the Act of January 2, 1976 (Public Law 94-204) as amended by the
Act of October 4, 1976 (Public Law 94-456).
(4) Subject to valid existing rights and section 1633(a) of this
title, and except where such lands are within a National Wildlife
Refuge or the National Petroleum Reserve - Alaska, for which the
Regional Corporation obtains in-lieu rights pursuant to section
12(a)(1) of the Alaska Native Claims Settlement Act [43 U.S.C.
1611(a)(1)], there is hereby conveyed to and vested in each
Regional Corporation which, as a result of a conveyance of a
surface estate by operation of paragraphs (1) and (2) of this
subsection, is entitled under section 14(f) of the Alaska Native
Claims Settlement Act [43 U.S.C. 1613(f)] to receive the subsurface
estate corresponding to such surface estate, all of the right,
title, and interest of the United States in and to such subsurface
estate.
(c) Documents
As soon as possible after December 2, 1980, the Secretary shall
issue to each Native Corporation referred to in subsection (b) of
this section interim conveyances or patents to the estate or
estates conveyed to such Corporation by such subsection, but title
shall be deemed to have passed on the date of the filing of a
document of election described in subsection (a) of this section,
notwithstanding any delay in the issuance of the interim
conveyances or patents.
(d) Reconveyances; disputes
A Village Corporation's obligation to reconvey lands under
section 14(c) of the Alaska Native Claims Settlement Act [43 U.S.C.
1613(c)] shall arise only upon receipt of an interim conveyance or
patent, whichever is earlier, under subsection (c) of this section
or under such Act [43 U.S.C. 1601 et seq.]. For purposes of the
Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.],
legislative conveyances made by, or interim conveyances and patents
issued pursuant to, this title shall have the same effect as if
issued pursuant to sections 14(a), 14(b), 14(f), and 19(b) of the
Alaska Native Claims Settlement Act [43 U.S.C. 1613(a), 1613(b),
1613(f), and 1618(b)] and shall be deemed to have been so issued.
Disputes between or among Native Corporations arising from
conveyances under this Act shall be resolved by a board of
arbitrators of a type described in section 12(e) of the Alaska
Native Claims Settlement Act [43 U.S.C. 1611(e)] pertaining to
disputes over land selection rights and the boundaries of Village
Corporations.
(e) Existing rights
All conveyances made by operation of this section shall be
subject to the terms and conditions of the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.] as if such conveyances or
patents had been made or issued pursuant to that Act.
(f) Easements
For a period of one year from December 2, 1980, the Secretary may
identify and issue a decision to reserve in the patent those
easements, pursuant to section 17(b)(3) of the Alaska Native Claims
Settlement Act, which are described in section 17(b)(1) of such Act
on lands conveyed by this section, but the Secretary shall not
reserve a greater number of easements or more land for a particular
easement or easements than is reasonably necessary and he shall be
guided by the principles of section 1633 of this title. Upon the
finality of the decision so issued, such easements shall be
reserved in the conveyance document or documents issued by the
Secretary as required by this section.
(g) "Native Corporation" defined
For purposes of this section, the term "Native Corporation" means
Village Corporations and Regional Corporations.
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