Native villages listed in section 1610 and qualified for land benefits; patents for surface estates; issuance; acreage
If the village had on the 1970 census enumeration date a Native population between— | It shall be entitled to a patent to an area of public lands equal to— |
|---|---|
25 and 99 | 69,120 acres. |
100 and 199 | 92,160 acres. |
200 and 399 | 115,200 acres. |
400 and 599 | 138,240 acres. |
600 or more | 161,280 acres. |
section 1611(a) of this titlesection 1611(b) of this titleThe lands patented shall be those selected by the Village Corporation pursuant to . In addition, the Secretary shall issue to the Village Corporation a patent to the surface estate in the lands selected pursuant to .
Native villages listed in section 1615 and qualified for land benefits; patents for surface estates; issuance; acreage
section 1615 of this titlesection 1615(a) of this titleImmediately after selection by any Village Corporation for a Native village listed in which the Secretary finds is qualified for land benefits under this chapter, the Secretary shall issue to the Village Corporation a patent to the surface estate to 23,040 acres. The lands patented shall be the lands within the township or townships that enclose the Native village, and any additional lands selected by the Village Corporation from the surrounding townships withdrawn for the Native village by .
Conveyance of certain land by Village Corporation
In general
Conveyance to municipal corporation or the state in trust.—
In general .—
Minimum acreage .—
Net revenues.—
In general .—
Definition of sale .—
Cases in which conveyance shall not be required.—
In general .—
Additional land .—
Requirements .—
Technical assistance
In general
There are authorized to be appropriated such sums as may be necessary for the purpose of providing technical assistance to Village Corporations established pursuant to this chapter in order that they may fulfill the reconveyance requirements of this subsection.
Form of funding
The Secretary may make funds available as grants to ANCSA or nonprofit corporations that maintain in-house land planning and management capabilities.
Rule of approximation with respect to acreage limitations
Surface and/or subsurface estates to Regional Corporations
Immediately after selection by a Regional Corporation, the Secretary shall convey to the Regional Corporation title to the surface and/or the subsurface estates, as is appropriate, in the lands selected.
Patents to Village Corporations for surface estates and to Regional Corporations for subsurface estates; excepted lands; mineral rights, consent of Village Corporations
section 1611(a)(1) of this titleProvidedWhen the Secretary issues a patent to a Village Corporation for the surface estate in lands pursuant to subsections (a) and (b), he shall issue to the Regional Corporation for the region in which the lands are located a patent to the subsurface estate in such lands, except lands located in the National Wildlife Refuge System and lands withdrawn or reserved for national defense purposes, including Naval Petroleum Reserve Numbered 4, for which in lieu rights are provided for in : , That the right to explore, develop, or remove minerals from the subsurface estate in the lands within the boundaries of any Native village shall be subject to the consent of the Village Corporation.
Valid existing rights preserved; saving provisions in patents; patentee rights; administration; proportionate rights of patentee
All conveyances made pursuant to this chapter shall be subject to valid existing rights. Where, prior to patent of any land or minerals under this chapter, a lease, contract, permit, right-of-way, or easement (including a lease issued under section 6(g) of the Alaska Statehood Act) has been issued for the surface or minerals covered under such patent, the patent shall contain provisions making it subject to the lease, contract, permit, right-of-way, or easement, and the right of the lessee, contractee, permittee, or grantee to the complete enjoyment of all rights, privileges, and benefits thereby granted to him. Upon issuance of the patent, the patentee shall succeed and become entitled to any and all interests of the State or the United States as lessor, contractor, permitter, or grantor, in any such leases, contracts, permits, rights-of-way, or easements covering the estate patented, and a lease issued under section 6(g) of the Alaska Statehood Act shall be treated for all purposes as though the patent had been issued to the State. The administration of such lease, contract, permit, right-of-way, or easement shall continue to be by the State or the United States, unless the agency responsible for administration waives administration. In the event that the patent does not cover all of the land embraced within any such lease, contract, permit, right-of-way, or easement, the patentee shall only be entitled to the proportionate amount of the revenues reserved under such lease, contract, permit, right-of-way, or easement by the State or the United States which results from multiplying the total of such revenues by a fraction in which the numerator is the acreage of such lease, contract, permit, right-of-way, or easement which is included in the patent and the denominator is the total acreage contained in such lease, contract, permit, right-of-way, or easement.
Authorization for land conveyances; surface and subsurface estates
With respect to Cook Inlet Region, Inc., or Koniag, Inc.—
Pub. L. 92–203, § 1485 Stat. 702Pub. L. 95–178, § 291 Stat. 1369Pub. L. 96–487, title XIV94 Stat. 2493Pub. L. 104–42, title I, § 104109 Stat. 355Pub. L. 108–452, title II118 Stat. 3583–3585Pub. L. 119–23, § 2139 Stat. 403(, , ; , , ; , §§ 1404, 1405, 1406(a)–(d), , , 2494; , , ; , §§ 203–206, , ; , , .)
Editorial Notes
References in Text
section 6(g) of Pub. L. 85–50872 Stat. 339section 21 of Title 48Section 6(g) of the Alaska Statehood Act, referred to in subsec. (g), is , , , which is set out as a note preceding , Territories and Insular Possessions.
Pub. L. 108–452, referred to in subsec. (h)(1)(C)(i)(I), (D), (E), (F), was in the original “the date of enactment of this paragraph”, which was translated as meaning the date of enactment of , which amended par. (1) of subsec. (h), to reflect the probable intent of Congress.
act Mar. 8, 1922, ch. 9642 Stat. 415Pub. L. 94–579, title VII, § 703(a)90 Stat. 2789Act of , as amended, referred to in subsec. (h)(6), is , , which enacted sections 270–11 to 270–13 of this title. Sections 270–11 and 270–13 of this title were repealed by , , . For complete classification of this Act to the Code, see Tables.
Section 12 of the Act of January 2, 1976Public Law 94–204section 12 of Pub. L. 94–20489 Stat. 1150section 1611 of this title (), as amended, referred to in subsec. (h)(6), (9), is , , , which is set out as a note under .
Amendments
Pub. L. 119–23, § 2(1)2025—Subsec. (c). , (2), inserted subsec. heading, inserted par. (1) designation and heading before “Each patent” in introductory provisions, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), and realigned margins.
Pub. L. 119–23, § 2(5)(A)Subsec. (c)(1)(A), (B). , substituted “The” for “the” at beginning and period for semicolon at end.
Pub. L. 119–23, § 2(5)(D)Subsec. (c)(1)(C). , inserted par. heading; designated existing provisions consisting of initial text and 3 provisos as cls. (i), (ii), (iii)(I), and (iii)(II), respectively, and made conforming amendments to capitalization and punctuation; inserted cl. and subcl. headings; and added cl. (iv).
Pub. L. 119–23, § 2(5)(D)(iii)Subsec. (c)(1)(C)(ii). , substituted “1,280 acres” for “one thousand two hundred and eighty acres”.
Pub. L. 119–23, § 2(5)(D)(ii)Subsec. (c)(1)(C)(iii)(II). , substituted “For purposes of subclause (I), the term ‘sale’ shall not” for “That the word ‘sale’, as used in the preceding sentence, shall not”.
Pub. L. 119–23, § 2(5)(B)Subsec. (c)(1)(D). , (C), substituted “The” for “the” at beginning and period for “; and” at end.
Pub. L. 119–23, § 2(5)(C)Subsec. (c)(1)(E). , substituted “For a period” for “for a period”.
Pub. L. 119–23, § 2(3)Subsec. (c)(2). , (4), designated concluding provisions of subsec. (c) as par. (2) and inserted heading; designated first and second sentences as subpars. (A) and (B), respectively, and inserted headings; and, in subpar. (A), substituted “There are authorized” for “There is authorized” and made technical amendment to reference in original Act which appears in text as reference to “this subsection”.
Pub. L. 108–452, § 2032004—Subsec. (d). , designated existing provisions as par. (1) and added pars. (2) and (3).
Pub. L. 108–452, § 204Subsec. (h)(1). , designated first sentence as subpar. (A) and second sentence as subpar. (B) and added subpars. (C) to (G).
Pub. L. 108–452, § 205Subsec. (h)(8)(C). , added subpar. (C).
Pub. L. 108–452, § 206Subsec. (h)(10). , designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 104–421995—Subsec. (c). inserted last par.
Pub. L. 96–487, § 1404(a)1980—Subsec. (c)(1). , inserted “as of (except that occupancy of tracts located in the Pribilof Islands shall be determined as of the date of initial conveyance of such tracts to the appropriate Village Corporation)” after “in the tract occupied”.
Pub. L. 96–487, § 1404(b)Subsec. (c)(2). , inserted “as of ” after “in any tract occupied”.
Pub. L. 96–487, § 1405Subsec. (c)(3). , inserted provision authorizing the Village Corporation and the Municipal Corporation or the State in trust to agree to a lesser amount than 1,280 acres and requiring any net revenues derived from the sale of surface resources harvested or extracted from lands reconveyed be paid to the Village Corporation by the Municipal Corporation or the State in trust.
Pub. L. 96–487, § 1404(c)Subsec. (c)(4). , inserted “as such existed on ” after “navigation aids” and “as such airport sites, runways, and other facilities existed as of ” after “airport runways”. Amendment, which directed that subsec. (c)(4) end with a period, was executed by substituting “; and” to reflect the probable intent of Congress.
Pub. L. 96–487, § 1406(a)Subsec. (h)(1). , inserted provision that only title to the surface estate be conveyed for lands located in a Wildlife Refuge when the cemetery or historical site is greater than 640 acres.
Pub. L. 96–487, § 1406(b)Subsec. (h)(2), (5). , inserted “unless the lands are located in a Wildlife Refuge” after “Regional Corporation”.
Pub. L. 96–487, § 1406(c)section 1617 of this titlesection 1617 of this titleSubsec. (h)(6). , substituted provision that any minerals reserved by the United States pursuant to the Act of , in a Native Allotment approved pursuant to during the period through , be conveyed to the appropriate Regional Corporation, unless such lands are located in a Wildlife Refuge or in the Lake Clark areas as provided in section 12 of Act , for provision that the Secretary charge against the 2 million acres authorized all allotments approved pursuant to during the four years following .
Pub. L. 96–487, § 1406(d)Subsec. (h)(9) to (11). , added pars. (9) to (11).
Pub. L. 95–1781977—Subsec. (h)(8). designated existing provisions as subpar. (A) and added subpar. (B).
Statutory Notes and Related Subsidiaries
Claim to Subsurface Estate of Lands in Wildlife Refuge; Entitlement to In Lieu Surface or Subsurface Estate; Time Limitation; Waiver
Pub. L. 96–487, title XIV, § 1406(e)94 Stat. 2495
Escrow Account Pending Conveyance of Withdrawn Lands; Proceeds Not Deposited in Account; Payments; Interest; Deposit of Account in United States Treasury; Public Easements; Authority for Payment Out of Treasury Funds
Pub. L. 94–204, § 289 Stat. 1146Pub. L. 96–487, title XIV, § 141194 Stat. 2497Pub. L. 99–396, § 22100 Stat. 846Pub. L. 100–581, title II, § 218102 Stat. 2942
Boundary Between Southeastern and Chugach Regions; Hunting and Fishing Rights of Natives of Village of Yakutat
Pub. L. 94–204, § 1189 Stat. 1150