Approval of applications for certain lands; lands containing coal, oil, or gas; nonmineral lands; lands within National Park System; protests; voluntary relinquishment of application
Conflicting land descriptions in applications; adjustments; reductions
ProvidedProvided furtherProvided furtherWhere a conflict between two or more allotment applications exists due to overlapping land descriptions, the Secretary shall adjust the descriptions to eliminate conflicts, and in so doing, consistent with other existing rights, if any, may expand or alter the applied-for allotment boundaries or increase or decrease acreage in one or more of the allotment applications to achieve an adjustment which, to the extent practicable, is consistent with prior use of the allotted land and is beneficial to the affected parties: , That the Secretary shall, to the extent feasible, implement an adjustment proposed by the affected parties: , That the Secretary’s decision concerning adjustment of conflicting land descriptions shall be final and unreviewable in all cases in which the reduction, if any, of the affected allottee’s claim is less than 30 percent of the acreage contained in the parcel originally described and the adjustment does not exclude from the allotment improvements claimed by the allottee: , That where an allotment application describes more than one hundred and sixty acres, the Secretary shall at any time prior to or during survey reduce the acreage to one hundred and sixty acres and shall attempt to accomplish said reduction in the manner least detrimental to the applicant.
Amendment of land description in application; notification; protest; adoption of final plan of survey
ProvidedProvided furtherProvided furtherAn allotment applicant may amend the land description contained in his or her application if said description designates land other than that which the applicant intended to claim at the time of application and if the description as amended describes the land originally intended to be claimed. If the allotment application is amended, this section shall operate to approve the application or to require its adjudication, as the case may be, with reference to the amended land description only: , That the Secretary shall notify the State of Alaska and all interested parties, as shown by the records of the Department of the Interior, of the intended correction of the allotment’s location, and any such party shall have until the one hundred and eightieth day following , or sixty days following mailing of the notice, whichever is later, to file with the Department of the Interior a protest as provided in subsection (a)(5) of this section, which protest, if timely, shall be deemed filed within one hundred and eighty days of , notwithstanding the actual date of filing: , That the Secretary may require that all allotment applications designating land in a specified area be amended, if at all, prior to a date certain, which date shall be calculated to allow for orderly adoption of a plan of survey for the specified area, and the Secretary shall mail notification of the final date for amendment to each affected allotment applicant, and shall provide such other notice as the Secretary deems appropriate, at least sixty days prior to said date: , That no allotment application may be amended for location following adoption of a final plan of survey which includes the location of the allotment as described in the application or its location as desired by amendment.
Powersites and power projects
Provided, however41 Stat. 2416 U.S.C. 791aProvided further16 U.S.C. 818Provided further16 U.S.C. 791a16 U.S.C. 791aWhere the land described in an allotment application pending before the Department of the Interior on or before (or such an application as adjusted or amended pursuant to subsection (b) or (c) of this section), was on that date withdrawn, reserved, or classified for powersite or power-project purposes, notwithstanding such withdrawal, reservation, or classification the described land shall be deemed vacant, unappropriated, and unreserved within the meaning of the Act of , as amended, and, as such, shall be subject to adjudication or approval pursuant to the terms of this section: , That if the described land is included as part of a project licensed under part I of the Federal Power Act of (), as amended [ et seq.], or is presently utilized for purposes of generating or transmitting electrical power or for any other project authorized by Act of Congress, the foregoing provision shall not apply and the allotment application shall be adjudicated pursuant to the Act of , as amended: , That where the allotment applicant commenced use of the land after its withdrawal or classification for powersite purposes, the allotment shall be made subject to the right of reentry provided the United States by section 24 of the Federal Power Act, as amended []: , That any right of reentry reserved in a certificate of allotment pursuant to this section shall expire twenty years after , if at that time the allotted land is not subject to a license or an application for a license under part I of the Federal Power Act, as amended [ et seq.], or actually utilized or being developed for a purpose authorized by that Act, as amended [ et seq.], or other Act of Congress.
Validity of existing rights; rights acquired by actual use and national forest lands unaffected
43 U.S.C. 1601Prior to issuing a certificate for an allotment subject to this section, the Secretary shall identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act [ et seq.], the Alaska Statehood Act, or the Act of , as amended, which entry or application claims land also described in the allotment application, and shall determine whether such entry or application represents a valid existing right to which the allotment application is subject. Nothing in this section shall be construed to affect rights, if any, acquired by actual use of the described land prior to its withdrawal or classification, or as affecting national forest lands.
Reinstatement
Pub. L. 96–487, title IX, § 90594 Stat. 2435Pub. L. 102–415106 Stat. 2112Pub. L. 105–333, § 9112 Stat. 3134(, , ; , §§ 2, 12, , , 2115; , , .)
Editorial Notes
References in Text
43 U.S.C. 270–11act Mar. 8, 1922, ch. 9642 Stat. 415Pub. L. 94–579, title VII, § 703(a)90 Stat. 2789Act of (), referred to in subsec. (a)(2), 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.
act May 17, 1906, ch. 246934 Stat. 197Pub. L. 92–203, § 18(a)85 Stat. 710Act of , as amended, referred to in subsecs. (a)(3), (4), (5), (d), (e), and (f)(1)(A), is , , as amended, which was classified to sections 270–1 to 270–3 of this title prior to its repeal by , , .
Pub. L. 85–50872 Stat. 339section 21 of Title 48The Alaska Statehood Act, referred to in subsecs. (a)(4) and (e), is , , , which is set out as a note preceding , Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.
Pub. L. 92–20385 Stat. 688section 1601 of this titleThe Alaska Native Claims Settlement Act, referred to in subsecs. (a)(4), (5)(A), (e), and (f)(4)(A), (5)(C)(ii)(I), is , , , which is classified generally to chapter 33 (§ 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act June 10, 1920, ch. 28541 Stat. 1063section 791a of Title 16That Act, as amended, referred to in subsec. (d), is the Federal Power Act, , , which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. Part I of the Federal Power Act of , as amended, is classified generally to subchapter I (§ 791a et seq.) of chapter 12 of Title 16. For complete classification of this Act to the Code, see and Tables.
Codification
Pub. L. 96–487In subsecs. (a)(1), (3)–(5), (c), and (d), “” substituted for “the effective date of this Act”, which probably meant the date of enactment of .
Amendments
Pub. L. 105–3331998—Subsec. (a)(7), (8). added pars. (7) and (8).
Pub. L. 102–415, § 21992—Subsec. (a)(1). , designated existing provisions as subpar. (A), inserted “or within Fort Davis (except as provided in subparagraph (B))” after “Naval Petroleum Reserve No. 4)”, and added subpar. (B).
Pub. L. 102–415, § 12Subsec. (f). , added subsec. (f).