US Code

Public Law 119-73 (01/23/2026)

43 U.S.C. § 1635

State selections and conveyances

(a)

Omitted

(b)

School lands settlement

(1)
38 Stat. 1214 In full and final settlement of any and all claims by the State of Alaska arising under the Act of (), 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 , 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 (), 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)
43 U.S.C. 160143 U.S.C. 1610(a)(2) 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 [ 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 , 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 [, 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)
43 U.S.C. 1601l 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 [ 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 () of this section, which are specified in the list entitled “Prior State of Alaska Selections to be Conveyed by Congress”, dated , 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 , 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)
43 U.S.C. 1601 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 [ 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 .
(3)
As soon as practicable after , 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)
43 U.S.C. 1601 Future valid State land selections shall be subject only to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ et seq.].
(e)

Future “top filings”

43 U.S.C. 1601Subject to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ 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 ”, dated , 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 , 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).

(h)

Limitation of conveyances of specified lands tentative approvals; surveys

(1)
43 U.S.C. 1601l Lands identified in subsection (g) are conveyed to the State subject to valid existing rights and Native selection rights under the Alaska Native Claims Settlement Act [ 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 , subject to those reservations specified in subsection () of this section.
(2)
(A)
As soon as practicable after , 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.
(B)
(i)
The sequence of issuance of such tentative approvals shall be on the basis of priorities determined by the State.
(ii)
In establishing the priorities for tentative approval under clause (i), the State shall—
(I)
section 6(a) of Public Law 85–50872 Stat. 340 in the case of a selection under (commonly known as the “Alaska Statehood Act”) (), include all land selected; or
(II)
in the case of a selection under section 6(b) of that Act—
(aa)
include at least 5,760 acres; or
(bb)
if a waiver has been granted under section 6(g) of that Act or less than 5,760 acres of the entitlement remains, prioritize the selection in such increments as are available for conveyance.
(3)
Upon approval of a land survey by the Secretary, those lands identified in subsection (g) 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) 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)
43 U.S.C. 1616(d)(1)1
1 So in original. Probably should be “subsection (e) of this section;”.
withdrawals for classification pursuant to section 17(d)(1) of the Alaska Native Claims Settlement Act []; except that, in accordance with the Memorandum of Understanding between the United States and the State of Alaska dated , 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; 
(2)
43 U.S.C. 161043 U.S.C. 1611 withdrawals pursuant to section 11 of the Alaska Native Claims Settlement Act [], which are not finally conveyed pursuant to section 12, 14, or 19 of such Act [, 1613, or 1618];
(3)
78 Stat. 987 classifications pursuant to the Classification and Multiple Use Act ();
(4)
90 Stat. 2949 classifications or designations pursuant to the National Forest Management Act () as amended; and
(5)
90 Stat. 274343 U.S.C. 1701 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 , whichever occurs later), or designations pursuant to the Federal Land Policy and Management Act () [ 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 , 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)
43 U.S.C. 1608 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 [] or the fourth sentence of section 6(h) of the Alaska Statehood Act.
(l)

Existing rights

(1)
43 U.S.C. 1601 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 [ 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)
2
2 So in original. Probably should be “permitter,”.
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, 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)
43 U.S.C. 1608 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 [] or the fourth sentence of section 6(h) of the Alaska Statehood Act.
(m)

Extinguishment of certain time extensions

43 U.S.C. 1616(d)(2)(E)Any extensions of time periods granted to the State pursuant to section 17(d)(2)(E) of the Alaska Native Claims Settlement Act [] 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)
section 12 of the Act of January 2, 1976Public Law 94–204Public Law 94–456section 3 of the Act of November 15, 1977Public Law 94–178 Nothing in this section shall alter the rights or obligations of any party with regard to (), sections 4 and 5 of the Act of (), or ().
(2)
section 12(b) of the Act of January 2, 1976Public Law 94–204 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 , 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 (), 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 , 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 .
(o)

Status of lands within units

(1)
43 U.S.C. 1616(d)(1)43 U.S.C. 1601ProvidedProvided further 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 [] 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 , such land has been validly selected by and conveyed to a Native Corporation, or unless before , such land has been validly selected by, and after , is conveyed to the State. At such time as the entitlement of any Native Corporation to land under the Alaska Native Claims Settlement Act [ 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: , 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 , submitted by the State of Alaska and on file with the Office of the Secretary: , 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.

Pub. L. 96–487, title IX, § 90694 Stat. 2437Pub. L. 108–452, title I, § 102118 Stat. 3577(, , ; , , .)

Editorial Notes

References in Text

act Mar. 4, 1915, ch. 181, § 138 Stat. 1214section 353 of Title 48Pub. L. 85–508, § 6(k)72 Stat. 343section 21 of Title 48Act of , as confirmed and transferred in section 6(k) of the Alaska Statehood Act, referred to in subsec. (b)(1), is , , which was classified to , Territories and Insular Possessions, and was repealed by section 6(k) of the Alaska Statehood Act, , , . See section 6(k) of the Alaska Statehood Act set out as a note preceding .

Pub. L. 85–50872 Stat. 339section 21 of Title 48The Alaska Statehood Act, referred to in text, is , , , which is set out as a note preceding . For complete classification of this Act to the Code, see Tables.

loPub. L. 92–20385 Stat. 688section 1601 of this titleThe Alaska Native Claims Settlement Act, referred to in subsecs. (c)(1), (d)(1), (2), (6), (e), (h)(1), ()(1), and ()(1), 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.

lPub. L. 96–48794 Stat. 2371section 3101 of Title 16This Act, referred to in subsecs. (d)(1), (g), (k), ()(1), and (n)(2), (4), is , , , known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under , Conservation, and Tables.

Pub. L. 88–60778 Stat. 986The Classification and Multiple Use Act, referred to in subsec. (j)(3), probably means , , , which enacted sections 1411 to 1418 of this title, and was omitted from the Code.

Pub. L. 94–58890 Stat. 2949section 1600 of Title 16The National Forest Management Act, as amended, referred to in subsec. (j)(4), probably means the National Forest Management Act of 1976, , , . For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under , Conservation, and Tables.

Pub. L. 94–57990 Stat. 2743section 1701 of this titleThe Federal Land Policy and Management Act, referred to in subsec. (j)(5), probably means the Federal Land Policy and Management Act of 1976, , , , which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Public Law 94–204section 12 of Pub. L. 94–20489 Stat. 1150section 1611 of this titleSection 12 of the Act (), referred to in subsec. (n)(1) and (2), is , , , which is set out as a note under .

Public Law 94–456Pub. L. 94–45690 Stat. 1935section 1611 of this titleSections 4 and 5 of the Act of (), referred to in subsec. (n)(1), are sections 4 and 5 of , , , which are set out as a note under .

Section 3 of the Act of November 15, 1977Public Law 94–178section 3 of Pub. L. 95–17891 Stat. 1369section 1611 of this titlesection 1611 of this title (), referred to in subsec. (n)(1), probably means , , , which enacted a provision set out as a note under and amended a provision set out as a note under .

Pub. L. 96–48794 Stat. 2430section 1611 of this titlesection 21 of Title 48This chapter, referred to in subsec. (n)(3), was in the original “this title”, meaning title IX of , , , which enacted this chapter, amended sections 1614 and 1620 of this title, and amended provisions set out as notes under and preceding , Territories and Insular Possessions. For complete classification of title IX to the Code, see Tables.

section 10 of Pub. L. 85–50872 Stat. 339section 21 of Title 48Section 10 of the Alaska Statehood Act, referred to in subsec. (p), is , , , which is set out as a note preceding .

Codification

section 906 of Pub. L. 96–487section 906 of Pub. L. 96–487Pub. L. 85–50872 Stat. 339section 21 of Title 48Section is comprised of . Subsecs. (a) and (f)(3) of amended section 6(a) and (b), and section 6(g), respectively, of the Alaska Statehood Act, , , , which is set out as a note preceding , Territories and Insular Possessions.

Pub. L. 96–487In subsec. (j)(5), “” substituted for “the effective date of this Act”, which probably meant the date of enactment of .

Amendments

Pub. L. 108–4522004—Subsec. (h)(2). designated first sentence as subpar. (A) and second sentence as cl. (i) of subpar. (B) and added cl. (ii) of subpar. (B).

Statutory Notes and Related Subsidiaries

Selection of Certain Reversionary Interests Held by the United States

Pub. L. 108–452, title I, § 103118 Stat. 3577

“(a)

In General .—

25 U.S.C. 293b25 U.S.C. 293a43 U.S.C. 1635(h)(2)All reversionary interests held by the United States in land owned by the State [of Alaska] or any political subdivision of the State and any Federal land leased by the State under the Act of (), or the Act of (), that is prioritized for conveyance by the State under section 906(h)(2) of the Alaska National Interest Lands Conservation Act ()—
“(1)
are deemed to be selected; and
“(2)
section 6 of Public Law 85–50872 Stat. 340section 21 of Title 48 may, with the concurrence of the Secretary [of the Interior] or the head of the Federal agency with administrative jurisdiction over the land, be conveyed under (commonly known as the ‘Alaska Statehood Act’) () [set out as a note preceding , Territories and Insular Possessions].
“(b)

Effect on Entitlement .—

If, before the date of enactment of this Act [], the entitlement of the State has not been charged with respect to a parcel for which a reversionary interest is conveyed under subsection (a), the total acreage of the parcel shall be charged against the remaining entitlement of the State.
“(c)

Minimum Acreage Requirement Not Applicable .—

section 6 of Public Law 85–50872 Stat. 340The minimum acreage requirement under subsections (a) and (b) of (commonly known as the ‘Alaska Statehood Act’) () shall not apply to the selection of reversionary interests under subsection (a).
“(d)

State Waiver .—

On conveyance to the State of any reversionary interest selected under subsection (a), the State shall be deemed to have waived all right to any future credit should the reversion not occur.
“(e)

Limitation .—

This section shall not apply to—
“(1)
reversionary interests in land acquired by the United States through the use of amounts from the Exxon Valdez Oil Spill Trust Fund; or
“(2)
section 12 of Public Law 94–20443 U.S.C. 1611 reversionary interests in any land conveyed to the State as a result of the ‘Terms and Conditions for Land Consolidation and Management in Cook Inlet Area’ as ratified by ( note).”
, , , provided that:

Settlement of Remaining Entitlement

Pub. L. 108–452, title I, § 106118 Stat. 3579

“(a)

In General .—

The Secretary [of the Interior] may enter into a binding written agreement with the State [of Alaska] with respect to—
“(1)
Public Law 85–50872 Stat. 340section 21 of Title 48 the exact number and location of acres of land remaining to be conveyed under each entitlement established or confirmed by (commonly known as the ‘Alaska Statehood Act’) () [set out as a note preceding , Territories and Insular Possessions], from—
“(A)
the land selected by the State as of ; and
“(B)
45 Stat. 109143 U.S.C. 852 selections under the Act of (, chapter 92) [ note];
“(2)
the priority in which the land is to be conveyed;
“(3)
the relinquishment of selections which are not to be conveyed; and
“(4)
the survey of the exterior boundaries of the land to be conveyed.
“(b)

Consultation .—

Before entering into an agreement under subsection (a), the Secretary shall ensure that any concerns or issues identified by any Federal agency potentially affected are given consideration.
“(c)

Errors .—

The State, by entering into an agreement under subsection (a), shall receive any gain or bear any loss that results from errors in prior surveys, protraction diagrams, or the computation of the ownership of third parties on any land conveyed under an agreement entered into under subsection (a).
“(d)

Availability of Agreements .—

Agreements entered into under subsection (a) shall be available for public inspection in the appropriate offices of the Department of the Interior.
“(e)

Effect .—

Public Law 85–50872 Stat. 34045 Stat. 1091Nothing in this section increases the entitlement provided to the State under (commonly known as the ‘Alaska Statehood Act’) (), or the Act of (, chapter 92).”
, , , provided that:

Effect of Federal Mining Claims

Pub. L. 108–452, title I, § 107118 Stat. 3580

“(a)

Conditional Relinquishments.—

“(1)

In general .—

To facilitate the conversion of Federal mining claims to State [of Alaska] mining claims on land selected or topfiled by the State, a Federal mining claimant may file with the Secretary [of the Interior] a voluntary relinquishment of the Federal mining claim conditioned on conveyance of the land to the State.
“(2)

Conveyance of relinquished claim .—

The Secretary may convey the land described in the relinquished Federal mining claim to the State if, with respect to the land—
“(A)
the State has filed as of —
“(i)
Public Law 85–50872 Stat. 339section 21 of Title 48 a selection application under (commonly known as the ‘Alaska Statehood Act’) () [set out as a note preceding , Territories and Insular Possessions]; or
“(ii)
43 U.S.C. 1635(e) a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act [(]); and
“(B)
the land addressed by the selection application or future selection application is conveyed to the State.
“(3)

Obligations under federal law .—

Until the date on which the land is conveyed under paragraph (2), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law.
“(4)

No relinquishment .—

If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under paragraph (2), the relinquishment of land under paragraph (1) shall be of no effect.
“(b)

Rights-of-Way; Other Interest .—

On conveyance to the State of a relinquished Federal mining claim under this section, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance.”
, , , provided that:

Final Prioritization of State Selections

Pub. L. 108–452, title IV, § 404118 Stat. 3593

“(a)

Filing of Final Priorities.—

“(1)

In general .—

43 U.S.C. 1635(f)(1)The State [of Alaska] shall, not later than the date that is 4 years after the date of enactment of this Act [], in accordance with section 906(f)(1) of the Alaska National Interest Lands Conservation Act (), file final priorities with the Secretary [of the Interior] for all land grant entitlements to the State which remain unsatisfied on the date of the filing.
“(2)

Ranking .—

All selection applications on file with the Secretary on the date specified in paragraph (1) shall—
“(A)
be ranked on a Statewide basis in order of priority; and
“(B)
include an estimate of the acreage included in each selection.
“(3)

Inclusions .—

43 U.S.C. 1635(e)The State shall include in the prioritized list land which has been top-filed under section 906(e) of the Alaska National Interest Lands Conservation Act ().
“(4)

Acreage limitation.—

“(A)

In general .—

43 U.S.C. 1635(f)(1)Acreage for top-filings shall not be counted against the 125 percent limitation established under section 906(f)(1) of the Alaska National Interest Lands Conservation Act ().
“(B)

Relinquishment.—

“(i)

In general .—

The State shall relinquish any selections that exceed the 125 percent limitation.
“(ii)

Failure to relinquish .—

If the State fails to relinquish a selection under clause (i), the Secretary shall reject the selection.
“(5)

Lower-priority selections .—

Notwithstanding the prioritization of selection applications under paragraph (1), if the Secretary reserves sufficient entitlements for the top-filed selections, the Secretary may continue to convey lower-priority selections.
“(b)

Deadline for Prioritization.—

“(1)

In general .—

The State shall irrevocably prioritize sufficient selections to allow the Secretary to complete transfer of 101,000,000 acres by .
“(2)

Reprioritization .—

Any selections remaining after , may be reprioritized.
“(c)

Financial Assistance .—

section 1601 of this titleThe Secretary may, using amounts made available to carry out this Act [see Short Title of 2004 Amendment note set out under ], provide financial assistance to other Federal agencies, the State, and Native Corporations and entities to assist in completing the transfer of land by .”
, , , provided that: