43 U.S.C. § 1641 | Conveyances to Village Corporations

(a)

Optional procedure

December 2, 1980The 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 , 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)

l43 U.S.C. 1611(a)lsection 1633(a) of this title 43 U.S.C. 1610 43 U.S.C. 1618(b)43 U.S.C. 1601 43 U.S.C. 1610(a)(1)43 U.S.C. 1602(c) Except to the extent that conveyance of a surface estate would be inconsistent with section 12(a), 14(a), 14(b), or 22() of the Alaska Native Claims Settlement Act [, 1613(a), 1613(b), or 1621()], subject to valid existing rights and , 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 [ or 1615] and which did not elect to acquire a former reserve under section 19(b) of such Act [], 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in and to the surface estate in the public lands, as defined in such Act [ et seq.], in the township or townships withdrawn pursuant to section 11(a)(1) or 16(a) of such Act [ or 1615(a)] in which all or any part of such Village is located.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 [].

(B)

section 1632 of this title 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 , 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)

l43 U.S.C. 1611(a)lsection 1633(a) of this title 43 U.S.C. 1610 43 U.S.C. 1618(b)43 U.S.C. 1610(a)(2)ProvidedMarch 4, 191538 Stat. 1214January 21, 192945 Stat. 1091July 28, 195670 Stat. 709December 18, 1971December 2, 1980And provided further Except to the extent that conveyance of a surface estate would be inconsistent with section 12(a), 14(a), or 22() of the Alaska Native Claims Settlement Act [, 1613(a), or 1621()], subject to valid existing rights and , 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 [], and which did not elect to acquire a former reserve under section 19(b) of such Act [], 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 [] in which all or any part of such village is located: , That any such land reserved to or selected by the State of Alaska under the Acts of (), as amended, (), as amended, or (), 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 , 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 , shall not be conveyed by operation of this paragraph: , That the provisions of subparagraph (1)(B) of this subsection shall apply to the conveyances under this paragraph.

(3)

section 1633(a) of this titleDecember 2, 198043 U.S.C. 1601 43 U.S.C. 1618(b)December 18, 1971December 18, 1971January 2, 1976Public Law 94–204October 4, 1976Public Law 94–456 Subject to valid existing rights and , there is hereby conveyed to and vested in each Village Corporation which, by , is determined by the Secretary to be eligible under the Alaska Native Claims Settlement Act [ et seq.] to, and has elected to, acquire title to any estate pursuant to section 19(b) of the Alaska Native Claims Settlement Act [], all of the right, title, and interest of the United States in and to the estates in a reserve, as such reserve existed on , which was set aside for the use or benefit of the stockholders or members of such Corporation before . 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 () as amended by the Act of ().

(4)

section 1633(a) of this title 43 U.S.C. 1611(a)(1)43 U.S.C. 1613(f) Subject to valid existing rights and , 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 [], 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 [] 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

December 2, 1980As soon as possible after , the Secretary shall issue to each Native Corporation referred to in subsection (b) 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), notwithstanding any delay in the issuance of the interim conveyances or patents.

(d)

Reconveyances; disputes

43 U.S.C. 1613(c)43 U.S.C. 1601 43 U.S.C. 1601 43 U.S.C. 1613(a)43 U.S.C. 1611(e)A Village Corporation’s obligation to reconvey lands under section 14(c) of the Alaska Native Claims Settlement Act [] shall arise only upon receipt of an interim conveyance or patent, whichever is earlier, under subsection (c) of this section or under such Act [ et seq.]. For purposes of the Alaska Native Claims Settlement Act [ 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 [, 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 [] pertaining to disputes over land selection rights and the boundaries of Village Corporations.

(e)

Existing rights

43 U.S.C. 1601All conveyances made by operation of this section shall be subject to the terms and conditions of the Alaska Native Claims Settlement Act [ et seq.] as if such conveyances or patents had been made or issued pursuant to that Act.

(f)

Easements

December 2, 198043 U.S.C. 1616(b)(3)43 U.S.C. 1616(b)(1)section 1633 of this titleFor a period of one year from , 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 . 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.

Pub. L. 96–487, title XIV, § 1437Dec. 2, 198094 Stat. 2546(, , .)

Editorial Notes

References in Text

Pub. L. 92–203Dec. 18, 197185 Stat. 688 section 1601 of this titleThe Alaska Native Claims Settlement Act, referred to in subsecs. (b)(1)(A), (3), (d), and (e), 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.

March 4, 1915act Mar. 4, 1915, ch. 181 38 Stat. 1214 section 353 of Title 48 section 852 of this title Section 353 of Title 48 Pub. L. 85–508, § 6(k)July 7, 195872 Stat. 343Act of , as amended, referred to in subsec. (b)(2), is , , which enacted , Territories and Insular Possessions, and a provision set out as a note under . was repealed by , , . For complete classification of this Act to the Code, see Tables.

January 21, 1929act Jan. 21, 1929, ch. 92 45 Stat. 1091 section 852 of this titleAct of , as amended, referred to in subsec. (b)(2), is , , which is set out as a note under . For complete classification of this Act to the Code, see Tables.

July 28, 1956act July 28, 1956, ch. 772 70 Stat. 709Act , referred to in subsec. (b)(2), is , . For complete classification of this Act to the Code, see Tables.

section 6(g) of Pub. L. 85–508July 7, 194872 Stat. 339 section 21 of Title 48Section 6(g) of the Alaska Statehood Act, referred to in subsec. (b)(2), is , , , which is set out as a note preceding , Territories and Insular Possessions.

January 2, 1976Public Law 94–204October 4, 1976Public Law 94–456 Pub. L. 94–204Jan. 2, 197689 Stat. 1145 Pub. L. 94–456Oct. 4, 197690 Stat. 1934 section 1615 of this title section 1611 of this titleAct of () as amended by the Act of (), referred to in subsec. (b)(3), is , , , as amended, which enacted sections 1625 to 1627 of this title, amended sections 1615, 1616, 1620, and 1621 of this title, and enacted provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title, as amended by , , , which amended and provisions set out as notes under . For complete classification of these Acts to the Code, see Tables.

Pub. L. 96–487Dec. 2, 198094 Stat. 2491This title, referred to in subsec. (d), is title XIV of , , , which enacted sections 1639 to 1641 of this title, amended sections 1602, 1606, 1607, 1611, 1613, 1620, and 1621 of this title, enacted provisions set out as notes under sections 1605, 1613, and 1618 of this title, and amended provisions set out as notes under sections 1611 and 1613 of this title. For complete classification of title XIV to the Code, see Tables.

Pub. L. 96–487Dec. 2, 198094 Stat. 2371 section 3101 of Title 16This Act, referred to in subsec. (d), 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.

Codification

Pub. L. 96–487Section was not enacted as part of title IX of which comprises this chapter.