ASL-KF50

ASL-KF50.U58v.85-p688

[page]688 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

Public Law 92-203

December 18, 1971

[H. R. 10367]

AN ACT

To provide for the settlement of certain land claims of Alaska Natives, and for

other purposes.

Alaska Native

Claims Settlement

Act.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled. That this Act may

be cited as the "Alaska Native Claims Settlement Act".

DECLARATION OF POLICY

sec. 2. Congress finds and declares that—

(a) there is an immediate need for a fair and just settlement of

all claims by Natives and Native groups of Alaska, based on

aboriginal land claims;

(b) the settlement should be accomplished rapidly, with cer-

tainty, in conformity with the real economic and social needs of

Natives, without litigation, with maximum participation by

Natives in decisions affecting their rights and property, with-

out establishing any permanent racially defined institutions,

rights, privileges, or obligations, without creating a reservation

system or lengthy wardship or trusteeship, and without adding

to the categories of property and institutions enjoying special tax

privileges or to the legislation establishing special relationships

between the United States Government and the State of Alaska;

privilege, or obligation of Natives as citizens of the United States

or of Alaska, or relieve, replace, or diminish any obligation of the

United States or of the State or Alaska to protect and promote the

rights or welfare of Natives as citizens of the United States or of

Alaska; the Secretary is authorized and directed, together with

other appropriate agencies of the United States Government, to

make a study of all Federal programs primarily designed to bene-

fit Native people and to report back to the Congress with his recom-

mendations for the future management and operation of these

programs within three years of the date of enactment of this Act;

(d) no provision of this Act shall constitute a precedent for

reopening, renegotiating, or legislating upon any past settlement

involving land claims or other matters with any Native organiza-

tions, or any tribe, band, or identifiable group of American

Indians;

70A Stat. 457;

76 Stat. 904.

(e) no provision of this Act shall effect a change or changes in

the petroleum reserve policy reflected in sections 7421 through

7438 of title 10 of the United States Code except as specifically

provided in this Act;

(f) no provision of this Act shall be construed to constitute a

jurisdictional act, to confer jurisdiction to sue, nor to grant

implied consent to Natives to sue the United States or any of its

officers with respect to the claims extinguished by the operation of

this Act; and

79 Stat. 552.

42 USC 3121

note.

(g) no provision of this Act shall be construed to terminate or

otherwise curtail the activities of the Economic Development

Administration or other Federal agencies conducting loan or loan

and grant programs in Alaska. For this purpose only, the terms

"Indian reservation" and "trust or restricted Indian-owned land

areas'' in Public Law 89-136, the Public Works and Economic

Development Act of 1965, as amended, shall be interpreted to

include lands granted to Natives under this Act as long as such

lands remain in the ownership of the Native villages or the

Regional Corporations.

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page]689

DEFINITIONS

sec. 3. For the purposes of this Act, the term—

"Secretary'' means the Secretary of the Interior;

(b) "Native'' means a citizen of the United States who is a person of

one-fourth degree or more Alaska Indian (including Tsimshian

Indians not enrolled in the Metlakatla Indian Community) Eskimo, or

Aleut blood, or combination thereof. The term includes any Native as

so defined either or both of whose adoptive parents are not Natives. It

also includes, in the absence of proof of a minimum blood quantum,

any citizen of the United States who is regarded as an Alaska Native

by the Native village or Native group of which he claims to be a mem-

ber and whose father or mother is (or, if deceased, was) regarded as

Native by any village or group. Any decision of the Secretary regard-

ing eligibility for enrollment shall be final;

community, or association in Alaska listed in sections 11 and 16 of this

Act, or which meets the requirements of this Act, and which the Secre-

tary determines was, on the 1970 census enumeration date (as shown by

the census or other evidence satisfactory to the Secretary, who shall

make findings of fact in each instance), composed of twenty-five or

more Natives;

(d) "Native group" means any tribe, band, clan, village, community,

or village association of Natives in Alaska composed of less than

twenty-five Natives, who comprise a majority of the residents of the

locality;

48 USC prec.

21 note.

(e) "Public lands" means all Federal lands and interests therein

located in Alaska except: (1) the smallest practicable tract, as deter-

mined by the Secretary, enclosing land actually used in connection with

the administration of any Federal installation, and (2) land selections

of the State of Alaska which have been patented or tentatively

approved under section 6(g) of the Alaska Statehood Act, as amended

(72 Stat. 341, 77 Stat. 223), or identified for selection by the State

prior to January 17,1969;

(f) "State" means the State of Alaska;

(g) "Regional Corporation" means an Alaska Native Regional Cor-

poration established under the laws of the State of Alaska in accord-

ance with the provisions of this Act;

(h) "Person" means any individual, firm, corporation, association,

or partnership;

(i) "Municipal Corporation" means any general unit of municipal

government under the laws of the State of Alaska;

(j) "Village Corporation" means an Alaska Native Village Cor-

poration organized under the laws of the State of Alaska as a busi-

ness for profit or nonprofit corporation to hold, invest, manage and/or

distribute lands, property, funds, and other rights and assets for and

on behalf of a Native village in accordance with the terms of this Act.

(k) "Fund" means the Alaska Native Fund in the Treasury of the

United States established by section 6; and

(1) "Planning Commission" means the Joint Federal-State Land

Use Planning Commission established by section 17.

DECLARATION OF SETTLEMENT

Aboriginal titles

and claims, extin-

guishment.

sec. 4. (a) All prior conveyances of public land and water areas

in Alaska, or any interest therein, pursuant to Federal law, and all

tentative approvals pursuant to section 6(g) of the Alaska Statehood

Act, shall be regarded as an extinguishment of the aboriginal title

thereto, if any.

[page break]

690 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

(b) All aboriginal titles, if any, and claims of aboriginal title in

Alaska based on use and occupancy, including submerged land under-

neath all water areas, both inland and offshore, and including any

aboriginal hunting or fishing rights that may exist, are hereby

extinguished.

persons that are based on claims of aboriginal right, title, use, or

occupancy of land or water areas in Alaska, or that are based on any

statute or treaty of the United States relating to Native use and

occupancy, or that are based on the laws of any other nation, includ-

ing any such claims that are pending before any Federal or state

court or the Indian Claims Commission, are hereby extinguished.

ENROLLMENT

sec. 5. (a) The Secretary shall prepare within two years from the

date of enactment of this Act a roll of all Natives who were born on

or before, and who are living on, the date of enactment of this Act.

Any decision of the Secretary regarding eligibility for enrollment

shall be final.

(b) The roll prepared by the Secretary shall show for each Native,

among other things, the region and the village or other place in which

he resided on the date of the 1970 census enumeration, and he shall be

enrolled according to such residence. Except as provided in subsection

(c), a Native eligible for enrollment who is not, when the roll is pre-

pared, a permanent resident of one of the twelve regions established

pursuant to subsection 7 (a) shall be enrolled by the Secretary in one

of the twelve regions, giving priority in the following order to—

(1) the region where the Native resided on the 1970 census date

if lie had resided there without substantial interruption for two

or more years;

(2) the region where the Native previously resided for an

aggregate of ten years or more;

(3) the region where the Native was born; and

(4) the region from which an ancestor of the Native came:

The Secretary may enroll a Native in a different region when neces-

sary to avoid enrolling members of the same family in different

regions or otherwise avoid hardship.

or older and is not a permanent resident of one of the twelve regions

may, on the date he files an application for enrollment, elect to be

enrolled in a thirteenth region for Natives who are non-residents of

Alaska, if such region is established pursuant to subsection 7(c). If

such region is not established, he shall be enrolled as provided in sub-

section (b). His election shall apply to all dependent members of his

household who are less than eighteen years of age, but shall not affect

the enrollment of anyone else.

ALASKA NATIVE FUND

sec. 6. (a) There is hereby established in the United States Treas-

ury an Alaska Native Fund into which the following moneys shall

be deposited:

(1) $462,500,000 from the general fund of the Treasury, which

are authorized to be appropriated according to the following

schedule:

(A) $12.500,000 during the fiscal year in which this Act

becomes effective;

(B) $50,000,000 during the second fiscal year;

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page] 691

fifth fiscal years;

(D) $40.000,000 during the sixth fiscal year; and

(E) $30,000,000 during each of the next five fiscal years.

(2) Four percent interest per annum, which is authorized to

be appropriated, on any amount authorized to be appropriated by

this paragraph that is not appropriated within six months after

the fiscal year in which payable.

(3) $500,000,000 pursuant to the revenue sharing provisions of

section 9.

Expenditures

for propaganda or

political cam-

paigns, prohibi

tion.

Penalty.

(b) None of the funds paid or distributed pursuant to tills section to

any of the Regional and Village Corporations established pursuant

to this Act shall be expended, donated, or otherwise used for the pur-

pose of carrying on propaganda, or intervening in (including the

publishing and distributing of statements) any political campaign on

behalf of any candidate for public office. Any person who willfully

violates the foregoing provision shall be guilty of a misdemeanor and,

upon conviction thereof, shall be fined not more than $1.000 or impris-

oned not more than twelve months, or both.

Distribution.

money in the Fund. except money reserved as provided in section 20

for the payment of attorney and other fees, shall be distributed at the

end of each three months of the fiscal year among the Regional Corpo-

rations organized pursuant to section 7 on the basis of the relative

numbers of Natives enrolled in each region. The share of a Regional

Corporation that has not been organized shall be retained in the Fund

until the Regional Corporation is organized.

REGIONAL CORPORATIONS

sec. 7. (a) For purposes of this Act, the State of Alaska shall be

divided by the Secretary within one year after the date of enactment

at this Act into twelve geographic regions, with each region composed

as far as practicable of Natives having a common heritage and sharing

common interests. In the absence of good cause shown to the contrary,

such regions shall approximate the areas covered by the operations of

the following existing Native associations:

(1) Arctic Slope Native Association (Barrow, Point Hope);

(2) Bering Straits Association (Seward Peninsula, Unalakleet,

Saint Lawrence Island);

(3) Northwest Alaska Native Association (Kotzebue) ;

(4) Association of Village Council Presidents (southwest coast,

all villages in the Bethel area, including all villages on the Lower

Yukon River and the Lower Kuskokwim River) ;

(5) Tanana Chiefs' Conference (Koyukuk, Middle and Upper

Yukon Rivers. Upper Kuskokwim, Tanana River);

(6) Cook Inlet Association (Kenai,Tyonek,Eklutna,Iliamna);

(7) Bristol Bay Native Association (Dillingham, Upper Alaska

Peninsula);

(8) Aleut League (Aleutian Islands, Pribilof Islands and that

part of the Alaska Peninsula which is in the Aleut League);

(9) Chugach Native Association (Cordova, Tatitiek, Port

Graham, English Bay, Valdez, and Seward);

(10) Tlingit-Haida Central Council (southeastern Alaska,

including Metlakatia);

(11) Kodiak Area Native Association (all villages on and

around Kodiak Island) ; and

(12) Copper River Native Association (Copper Center, Glenn-

allen, Chitina, Mentasta).

75-432 0-72-46

[page break]

[page]692 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

Boundary dis-

putes, arbitra-

tion

Any dispute over the boundaries of a region or regions shall be resolved

by a board of arbitrators consisting of one person selected by each of

the Native associations involved, and an additional one or two persons,

whichever is needed to make an odd number of arbitrators, such addi-

tional person or persons to be selected by the arbitrators selected by the

Native associations involved.

Region mergers.

Limitation.

(b) The Secretary may, on request made within one year of the date

of enactment of this Act, by representative and responsible leaders of

the Native associations listed in subsection (a), merge two or more of

the twelve regions: Provided. That the twelve regions may not be

reduced to less than seven, and there may be no fewer than seven

Regional Corporations.

Thirteenth

region.

older who are not permanent residents of Alaska elect, pursuant to

subsection o(c), to be enrolled in a thirteenth region for Natives

who are non-residents of Alaska, the Secretary shall establish such

a region for the benefit of the Natives who elected to be enrolled

therein, and they may establish a Regional Corporation pursuant to

this Act.

Incorporation.

(d) Five incorporators within each region, named by the Native

association in the region, shall incorporate under the laws of Alaska a

Regional Corporation to conduct business for profit, which shall be

eligible for the benefits of this Act so long as it is organized and func-

tions in accordance with this Act. The articles of incorporation shall

include provisions necessary to carry out the terms of this Act.

(e) The original articles of incorporation and bylaws shall be

approved by the Secretary before they are filed, and they shall be

submitted for approval within eighteen months after the date of

enact merit of this Act. The articles of incorporation may not be

amended during the Regional Corporation's first five years without

the approval of the Secretary. The Secretary may withhold approval

under this section if in his judgment inequities among Native indi-

viduals or groups of Native individuals would be created.

Management.

(f) The management of the Regional Corporation shall be vested

in a board of directors, all of whom, with the exception of the initial

board, shall be stockholders over the age of eighteen. The number,

terms, and method of election of members of the board of directors

shall be fixed in the articles of incorporation or bylaws of the Regional

Corporation.

Stock, issuance.

(g) The Regional Corporation shall be authorized to issue such

number of shares of common stock, divided into such classes of shares

as may be specified in the articles of incorporation to reflect the provi-

sions of this Act, as may be needed to issue one hundred shares of

stock to each Native enrolled in the region pursuant to section 5.

Stockholders'

rights.

(h) (1) Except as otherwise provided in paragraph (2) of this sub-

section, stock issued pursuant to subsection (g) shall carry a right to

vote in elections for the board of directors and on such other questions

as properly may be presented to stockholders, shall permit the holder

to receive dividends or other distributions from the Regional Corpo-

ration, and shall vest in the holder all rights of a stockholder in a busi-

ness corporation organized under the laws of the State of Alaska;

except that for a period of twenty years after the date of enact-

ment of this Act the stock, inchoate rights thereto, and any dividends

paid or distributions made with respect thereto may not be sold.

pledged, subjected to a lien or judgment execution, assigned in present

or future, or otherwise alienated: Provided, That such limitation shall

not apply to transfers of stock pursuant to a court decree of separation.

divorce or child support.

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page]693

Stock transfer.

(2) Upon the death of any stockholder, ownership of such stock

shall be transferred in accordance with his last will and testament or

under the applicable laws of intestacy, except that (A) during the

twenty-year period after the date of enactment of this Act such stock

shall carry voting rights only if the holder thereof through inher-

itance also is a Native, and (B), in the event the deceased stockholder

fails to dispose of his stock by will and has no heirs under the appli-

cable laws of intestacy, such stock shall escheat to the Regional

Corporation.

Stock, reissu-

ance.

(3) On January 1 of the twenty-first year after the year in which

this Act is enacted, all stock previously issued shall be deemed to be

canceled, and shares of stock of the appropriate class shall be issued

without restrictions required by this Act to each stockholder share

for share.

Certain natural

resource revenues,

distribution.

(i) Seventy per centum of all revenues received by each Regional

Corporation from the timber resources and subsurface estate pat-

ented to it pursuant to this Act shall be divided annually by the

Regional Corporation among all twelve Regional Corporations orga-

nized pursuant to this section according to the number of Natives

enrolled in each region pursuant to section 5. The provisions of this

subsection shall not apply to the thirteenth Regional Corporation if

organized pursuant to subsection (c) hereof.

Corporate funds,

distribution.

(j) During the five years following the enactment of this Act, not

less than 10% of all corporate funds received by each of the twelve

Regional Corporations under section 6 (Alaska Native Fund), and

under subsection (i) (revenues from the timber resources and sub-

surface estate patented to it pursuant to this Act), and all other net

income, shall be distributed among the stockholders of the twelve

Regional Corporations. Not less than 45% of funds from such sources

during the first five-year period, and 50% thereafter, shall be dis-

tributed among the Village Corporations in the region and the class

of stockholders who are not residents of those villages, as provided in

subsection to it. In the case of the thirteenth Regional Corporation, if

organized, not less than 50% of all corporate funds received under

section 6 shall be distributed to the stockholders.

(k) Funds distributed among the Village Corporations shall be

divided among them according to the ratio that the number of shares

of stock registered on the books of the Regional Corporation in the

names of residents of each village bears to the number of shares of stock

registered in the names of residents in all villages.

(1) Funds distributed to a Village Corporation may be withheld

until the village has submitted a plan for the use of the money that

is satisfactory to the Regional Corporation. The Regional Corpora-

tion may require a village plan to provide for joint ventures with

other villages, and for joint financing of projects undertaken by the

Regional Corporation that will benefit the region generally. In the

event of disagreement over the provisions of the plan, the issues in

disagreement shall be submitted to arbitration, as shall be provided

for in the articles of incorporation of the Regional Corporation.

(m) When funds are distributed among Village Corporations in

a region, an amount computed as follows shall be distributed as divi-

dends to the class of stockholders who are not residents of those vil-

lages : The amount distributed as dividends shall bear the same ratio

to the amount distributed among the Village Corporations that the

number of shares of stock registered on the books of the Regional

Corporation in the names of nonresidents of villages bears to the

number of shares of stock registered in the names of village resi-

dents : Provided, That an equitable portion of the amount distributed

as dividends may be withheld and combined with Village Corporation

funds to finance projects that will benefit the region generally.

[page break]

[page]694 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

(n) The Regional Corporation may undertake on behalf of one or

more of the Village Corporations in the region any project author-

ized and financed by them.

Annual audit.

Report to stock-

holders, Interior,

and congressional

committees.

(o) The accounts of the Regional Corporation shall be audited

annually in accordance with generally accepted auditing standards

by independent certified public accountants or independent licensed

public accountants, certified or licensed by a regulatory authority of

the State or the United States. The audits shall be conducted at the

place or places where the accounts of the Regional Corporation are

normally kept. All books, accounts, financial records, reports, files, and

other papers, things, or property belonging to or in use by the Regional

Corporation and necessary to facilitate the audits shall be available

to the person or persons conducting the audits; and full facilities for

verifying transactions with the balances or securities held by deposi-

tories, fiscal agent, and custodians shall be afforded to such person

or persons. Each audit report or a fair and reasonably detailed sum-

mary thereof shall be transmitted to each stockholder, to the Secretary

of the Interior and to the Committees on Interior and Insular Affairs

of the Senate and the House of Representatives.

Federal-state

laws, conflict.

(p) In the event of any conflict between the provisions of this sec-

tion and the laws of the State of Alaska, the provisions of this section

shall prevail.

(q) Two or more Regional Corporations may contract with the

same business management group for investment services and advice

regarding the investment of corporate funds.

VILLAGE CORPORATIONS

sec. 8. (a) The Native residents of each Native village entitled to

receive lands and benefits under this Act shall organize as a business

for profit or nonprofit corporation under the laws of the State before

the Native village may receive patent to lands or benefits under this

Act, except as otherwise provided.

(b) The initial articles of incorporation for each Village Corpora-

tion shall be subject to the approval of the Regional Corporation for

the region in which the village is located. Amendments to the articles

of incorporation and the annual budgets of the Village Corporations

shall, for a period of five years, be subject to review and approval by

the Regional Corporation. The Regional Corporation shall assist and

advise Native villages in the preparation of articles of incorporation

and other documents necessary to meet the requirements of this sub-

section.

transfer of stock ownership on death or by court decree provided for

Regional Corporations in section 7 shall apply to Village Corpora-

tions except that audits need not be transmitted to the Committees on

Interior and Insular Affairs of the Senate and the House of

Representatives.

REVENUE SHARING

Minerals, sales

or leases.

sec. 9. (a) The provisions of this section shall apply to all min-

erals that are subject to disposition under the Mineral Leasing Act of

1920, as amended and supplemented.

41 Stat. 437.

30 USC 181

note.

Royalties,

rentals, bonuses.

72 Stat. 340;

77 Stat. 223.

48 USC prec.

21 note.

(b) With respect to conditional leases and sales of minerals hereto-

fore or hereafter made pursuant to section 6(g) of the Alaska State-

hood Act, and with respect to mineral leases of the United States that

are or may be subsumed by the State under section 6 (h) of the Alaska

Statehood Act, until such time as the provisions of subsection (c)

become operative the State shall pay into the Alaska Native Fund

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page 695]

from the royalties, rentals, and bonuses hereafter received by the State

(1) a royalty of 2 per centum upon the gross value (as such gross value

is determined for royalty purposes under such leases or sales) of such

minerals produced or removed from such lands, and (2) 2 per centum

of all rentals and bonuses under such leases or sales, excluding bonuses

received by the State at the September 1969 sale of minerals from ten-

tatively approved lands and excluding rentals received pursuant to

such sale before the date of enactment of this Act. Such payment shall

be made within sixty days from the date the revenues are received

by the State.

Patents,

72 Stat. 339.

48 USC prec.

21 note.

Statehood Act, including a patent of lands heretofore selected and

tentatively approved, shall reserve for the benefit of the Natives, and 2

for payment into the Alaska Native Fund, (1) a royalty of 2 per

centum upon the gross value (as such gross value is determined for

royalty purposes under any disposition by the State) of the minerals

thereafter produced or removed from such lands, and (2) 2 per centum

of all revenues thereafter derived by the State from rentals and

bonuses from the disposition of such minerals.

(d) All bonuses, rentals, and royalties received by the United States

after the date of enactment of this Act from the disposition by it of

such minerals in public lands in Alaska shall be distributed as provided

in the Alaska Statehood Act, except that prior to calculating the shares

of the State and the United States as set forth in such Act, (1) a roy-

alty of 2 per centum upon the gross value of such minerals produced

(as such gross value is determined for royalty purposes under the sale

or lease), and (2) 2 per centum of all rentals and bonuses shall be

deducted and paid into the Alaska Native Fund. The respective shares

of the State and the United States shall be calculated on the remaining

balance.

(e) The provisions of this section shall be enforceable by the

United States for the benefit of the Natives, and in the event of default

by the State in making the payments required, in addition to any

other remedies provided by law, there shall be deducted annually by

the Secretary of the Treasury from any grant-in-aid or from any other

sums payable to the State under any provision of Federal law an

amount equal to any such underpayment, which amount shall be

deposited in the Fund.

Oil and gas

revenues.

(f) Revenues received by the United States or the State as com-

pensation for estimated drainage of oil or gas shall, for the purposes

of this section, be regarded as revenues from the disposition of oil and

gas. In the event the United States or the State elects to take royalties

in kind, there shall be paid into the Fund on account thereof an amount

equal to the royalties that would have been paid into the Fund under

the provisions of this section had the royalty been taken in cash.

Fund payments,

cessation.

(g) The payments required by this section shall continue only until

$500,000,000 have been paid into the Alaska Native Fund. Thereafter ^c'

the provisions of this section shall not apply, and the reservation

required in patents under this section shall be of no further force and

effect.

Final payment,

computation.

(h) When computing the final payment into the Fund the respective

shares of the United States and the State with respect to payments

to the Fund required by this section shall be determined pursuant to

this subsection and in the following order:

(1) first, from sources identified under subsections (b) and (c)

hereof; and

(2) then, from sources identified under subsection (d) hereof.

(i) The provisions of this section do not apply to mineral revenues

received from the Outer Continental Shelf.

[page break]

[page]696 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

STATUTE OF LIMITATIONS

Jurisdiction.

sec. 10. (a) Notwithstanding any other provision of law, any civil

action to contest the authority of the United States to legislate on the

subject matter or the legality of this Act shall be barred unless the

complaint is filed within one year of the date of enactment of this Act,

and no such action shall be entertained unless it is commenced by a

duly authorized official of the State. Exclusive jurisdiction over such

action is hereby vested in the Linked States District Court for the Dis-

trict of Alaska. The purpose of this limitation on suits is to insure

that, after the expiration of a reasonable period of time, the right,

title, and interest of the United States, the Natives, and the State of

Alaska will vest with certainty and finality and may be relied upon

by all other persons in their relations with the State, the Natives, and

the United States.

Land selection,

suspension of

rights.

72 Stat. 339.

48 USC prec.

21 note.

Extension.

72 Stat. 340;

78 Stat. 168.

(b) In the event that the State initiates litigation or voluntarily

becomes a party to litigation to contest the authority of the United

States to legislate on the subject matter or the legality of this Act, all

rights of land selection granted to the State by the Alaska Statehood

Act shall be suspended as to any public lands which are determined by

the Secretary to be potentially valuable for mineral development, tim-

ber, or other commercial purposes, and no selections shall be made, no

tentative approvals shall be granted, and no patents shall be issued for

such lands during the pendency of such litigation. In the event of such

suspension, the State's right of land selection pursuant to section 6 of

the Alaska Statehood Act shall be extended for a period of time equal

to the period of time the selection right was suspended.

WITHDRAWAL OF PUBLIC LANDS

sec. 11. (a) (1) The following public lands are withdrawn, subject

to valid existing rights, from all forms of appropriation under the

public land laws, including the mining and mineral leasing laws, and

from selection under the Alaska Statehood Act, as amended:

(A) The lands in each township that encloses all or part of

any Native village identified pursuant to subsection (b) ;

(B) The lands in each township that is contiguous to or corners

on the township that encloses all or part of such Native village;

and

corners on a township containing lands withdrawn by paragraph

(B) of this subsection.

Exceptions.

The following lands are excepted from such withdrawal: lands in the

National Park System and lands withdrawn or reserved for national

defense purposes other than Naval Petroleum Reserve Numbered 4.

(2) All lands located within the townships described in subsec-

tion (a) (1) hereof that have been selected by, or tentatively approved

to, but not yet patented to, the State under the Alaska Statehood Act

are withdrawn, subject to valid existing rights, from all forms of

appropriation under the public land laws, including the mining and

mineral leasing laws, and from the creation of third party interests

by the State under the Alaska Statehood Act.

(3) (A) If the Secretary determines that the lands withdrawn by

subsections (a) (1) and (2) hereof are insufficient to permit a Village

or Regional Corporation to select the acreage it is entitled to select, the

Secretary shall withdraw three times the deficiency from the nearest

unreserved, vacant and unappropriated public lands. In making this

withdrawal the Secretary shall, insofar as possible, withdraw public

lands of a character similar to those on which the village is located and

[page break]

85 stat. J PUBLIC LAW 92-203-DEC. 18, 1971 [page]697

National Wild-

life Refuge lands.

in order of their proximity to the center of the Native village: Pro-

vided, That if the Secretary, pursuant to section 17, and 22 (e) deter-

mines there is a need to expand the boundaries of a National Wildlife

Refuge to replace any acreage selected in the Wildlife Refuge System

by the Village Corporation the withdrawal under this section shall

not include lands in the Refuge.

(B) The Secretary shall make the withdrawal provided for in sub-

section (3) (A) hereof on the basis of the best available information

within sixty days of the date of enactment of this Act, or as soon there-

after as practicable.

(b)(1) The Native villages subject to this Act are as follows:

NAME OF PLACE AND REGION

Afognak, Afognak Island.

Akhiok, Kodiak.

Akiachak, Southwest Coastal Lowland.

Akiak, Southwest Coastal Lowland.

Akutan, Aleutian.

Alakanuk, Southwest Coastal Lowland.

Alatna, Koyukuk-Lower Yukon.

Aleknagik, Bristol Bay.

Allakaket, Koyukuk-Lower Yukon.

Ambler, Bering Strait.

Anaktuvuk, Pass, Arctic Slope.

Andreafsey, Southwest Coastal Lowland.

Aniak, Southwest Coastal Lowland.

Anvik, Koyukuk-Lower Yukon.

Arctic Village, Upper Yukon-Porcupine.

Atka, Aleutian.

Atkasook, Arctic Slope.

Atmautluak, Southwest Coastal. Lowland.

Barrow, Arctic Slope.

Beaver, Upper Yukon-Porcupine.

Belkofsky, Aleutian.

Bethel, Southwest Coastal Lowland.

Bill Moore's, Southwest Coastal Lowland.

Biorka, Aleutian.

Birch Creek, Upper Yukon-Porcupine.

Brevig Mission, Bering Strait.

Buckland, Bering Strait.

Candle, Bering Strait.

Cantwell, Tanana.

Canyon Village, Upper Yukon-Porcupine.

Chalkyitsik, Upper Yukon-Porcupine.

Chanilut, Southwest Coastal Lowland.

Cherfornak, Southwest Coastal Lowland.

Chevak, Southwest Coastal Lowland.

Chignik, Kodiak.

Chignik Lagoon, Kodiak.

Chignik Lake, Kodiak.

Chistochina, Copper River.

Chitina, Copper River.

Chukwuktoligamute, Southwest Coastal Lowland.

Circle, Upper Yukon-Porcupine.

dark's Point, Bristol Bay.

Copper Center, Copper River.

Crooked Creek, Upper Kuskokwim.

Deering, Bering Strait.

[page break]

[page]698 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

Dillingham, Bristol Bay.

Dot Lake, Tanana.

Eagle, Upper Yukon-Porcupine.

Eek, Southwest Coastal Lowland.

Egegik, Bristol Bay.

Eklutna, Cook Inlet.

Ekuk, Bristol Bay.

Ekwok, Bristol Bay.

Elim, Bering Strait.

Emmonak, Southwest Coastal Lowland.

English Bay, Cook Inlet.

False Pass, Aleutian.

Fort Yukon, Upper Yukon-Porcupine.

Gakona, Copper River.

Galena, Koyukuk-Lower Yukon.

Gambell, Bering Sea.

Georgetown, Upper Kuskokwim.

Golovin, Bering Strait.

Goodnews Bay, Southwest Coastal Lowland.

Grayling, Koyukuk-Lower Yukon.

Gulkana, Copper River.

Hamilton, Southwest Coastal Lowland.

Holy Cross, Koyukuk-Lower Yukon.

Hooper Bay, Southwest Coastal Lowland.

Hughes, Koyukuk-Lower Yukon.

Huslia, Koyukuk-Lower Yukon.

Igiugig, Bristol Bay.

Iliamna, Cook Inlet.

Inalik, Bering Strait.

Ivanof Bay, Aleutian.

Kaguyak, Kodiak.

Kaktovik, Arctic Slope.

Kalskag, Southwest Coastal Lowland.

Kaltag, Koyukuk-Lower Yukon.

Karluk, Kodiak.

Kasigluk, Southwest Coastal Lowland.

Kiana, Bering Strait.

King Cove, Aleutian.

Kipnuk, Southeast Coastal Lowland.

Kivalina, Bering Strait.

Kobuk, Bering Strait.

Kokhanok, Bristol Bay.

Koliganek, Bristol Bay.

Kongiganak, Southwest Coastal Lowland.

Kotlik, Southwest Coastal Lowland.

Kotzebue, Bering Strait.

Koyuk, Bering Strait.

Koyukuk, Koyukuk-Lower Yukon.

Kwethluk, Southwest Coastal Lowland.

Kwigillingok, Southwest Coastal Lowland.

Larsen Bay, Kodiak.

Levelock, Bristol Bay.

Lime Village, Upper Kuskokwim.

Lower Kalskag, Southwest Coastal Lowland.

McGrath, Upper Kuskokwim.

Makok, Koyukuk-Lower Yukon.

Manley Hot Springs, Tanana.

Manokotak, Bristol Bay.

Marshall, Southwest Coastal Lowland.

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page]699

Mary's Igloo, Bering Strait.

Medfra, Upper Kuskokwim.

Mekoryuk, Southwest Coastal Lowland.

Mentasta Lake, Copper River.

Minchumina Lake, Upper Kuskokwim.

Minto, Tanana.

Mountain Village, Southwest Coastal Lowland.

Nabesna Village, Tanana.

Naknek, Bristol Bay.

Napaimute, Upper Kuskokwim.

Napakiak, Southwest Coastal Lowland.

Napaskiak, Southwest Coastal Lowland.

Nelson Lagoon, Aleutian.

Nenana, Tanana.

Newhalen, Cook Inlet.

New Stuyahok, Bristol Bay.

Newtok, Southwest Coastal Lowland.

Nightmute, Southwest Coastal Lowland.

Nikolai, Upper Kuskokwim.

Nikolski, Aleutian.

Ninilchik, Cook Inlet.

Noatak, Bering Strait.

Nome, Bering Strait.

Nondalton, Cook Inlet.

Nooiksut, Arctic Slope.

Noorvik, Bering Strait.

Northeast Cape, Bering Sea.

Northway, Tanana.

Nulato, Koyukuk-Lower Yukon.

Nunapitchuk, Southwest Coastal Lowland.

Ohogamiut, Southwest Coastal Lowland.

Old Harbor, Kodiak.

Oscarville, Southwest Coastal Lowland.

Ouzinkie, Kodiak.

Paradise, Koyukuk-Lower Yukon.

Pauloff Harbor, Aleutian.

Pedro Bay, Cook Inlet.

Perryville, Kodiak.

Pilot Point, Bristol Bay.

Pilot Station, Southwest Coastal Lowland.

Pitkas Point, Southwest Coastal Lowland.

Platinum, Southwest Coastal Lowland.

Point Hope, Arctic Slope.

Point Lay, Arctic Slope.

Portage Creek (Ohgsenakale), Bristol Bay.

Port Graham, Cook Inlet.

Port Heiden (Meshick), Aleutian.

Port Lions, Kodiak.

Quinhagak, Southwest Coastal Lowland.

Rampart, Upper Yukon-Porcupine.

Red Devil, Upper Kuskokwim.

Ruby, Koyukuk-Lower Yukon.

Russian Mission or Chauthalue (Kuskokwim), Upper Kus-

kokwim.

Russian Mission (Yukon), Southwest Coastal Lowland.

St. George, Aleutian.

St. Mary's, Southwest Coastal Lowland.

St. Michael, Bering Strait.

St. Paul, Aleutian.

[page break]

[page] 700 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

Salamatof, Cook Inlet.

Sand Point, Aleutian.

Savonoski, Bristol Bay.

Savoonga, Bering Sea.

Scammon Bav, Southwest Coastal Lowland.

Selawik, Bering Strait.

Seldovia, Cook Inlet.

Shageluk, Koyukuk-Lower Yukon.

Shaktoolik, Bering Strait.

Sheldon's Point, Southwest Coastal Lowland.

Shishmaref, Bering Strait.

Shungnak, Bering Strait.

Slana, Copper River.

Sleetmute, Upper Kuskokwim.

South Naknek, Bristol Bay.

Squaw Harbor, Aleutian.

Stebbins. Bering Strait.

Stevens Village, Upper Yukon-Porcupine.

Stony River, Upper Kuskokwim.

Takotna, Upper Kuskokwim.

Tanacross, Tanana.

Tanana, Koyukuk-Lower Yukon.

Tatilek, Chugach.

Tazlina. Copper River.

Telida, Upper Kuskokwim,.

Teller, Bering Strait.

Tetlin, Tanana.

Togiak. Bristol Bay.

Toksook Bay, Southwest Coastal Lowland.

Tulusak, Southwest Coastal Lowland.

Tuututuliak. Southwest Coastal Lowland.

Tununak, Southwest Coastal Lowland.

Twin Hills, Bristol Bay.

Tyonek, Cook Inlet.

Ugashik, Bristol Bay.

Unalakleet, Bering Strait.

Unalaska. Aleutian.

Unga, Aleutian.

Uyak, Kodiak.

Venetie, Upper Yukon-Porcupine.

Wainwright. Arctic Slope.

Wales, Bering Strait.

White Mountain, Bering Strait.

Review.

(2) Within two and one-half years from the date of enactment of

this Act, the Secretary shall review all of the villages listed in sub-

section (b) (1) hereof, and a village shall not be eligible for land bene-

fits under subsections 14 (a) and (b), and any withdrawal for such

village shall expire, if the Secretary determines that—

(A) less than twenty-five Natives were residents of the village

on the 1970 census enumeration date as shown by the census or

other evidence satisfactory to the Secretary, who shall make find-

ings of fact in each instance; or,

(B) the village is of a modern and urban character, and the

majority of the residents are non-Native.

Any Native group made ineligible by this subsection shall be consid-

ered under subsection 14 (h).

(3) Native villages not listed in subsection (b) (1) hereof shall be

eligible for land and benefits under this Act and lands shall be with-

drawn pursuant to this section if the Secretary within two and one-

[page break]

85 stat.] PUBLIC LAW 92-203-DEC. 18, 1971 [page] 701

half years from the date of enactment of this Act, determines that—

(A) twenty-five or more Natives were residents of an estab-

lished village on the 1970 census enumeration date as shown by

the census or other evidence satisfactory to the Secretary, who

shall make findings of fact in each instance; and

(B) the village is not of a modern and urban character, and a

majority of the residents are Natives.

NATIVE LAND SELECTIONS

Acerage limita-

tion.

sec. 12. (a) (1) During a, period of three years from the date of

enactment of this Act, the Village Corporation for each Native village

identified pursuant to section 11 shall select, in accordance with rules

established by the Secretary, all of the township or townships in which

any part of the village is located, plus an area that will make the

total selection equal to the acreage to which the village is entitled under

section 14. The selection shall be made from lands withdrawn by sub-

section 11 (a) : Provided, That no Village Corporation may select more

than 69,120 acres from lands withdrawn by subsection 11 (a) (2), and

not more than 69,120 acres from the National Wildlife Refuge Sys-

tem, and not more than 69,120 acres in a National Forest: Provided

further. That when a Village Corporation selects the surface estate to

lands within the National Wildlife Refuge System or Naval Petro-

leum Reserve Numbered 4, the Regional Corporation for that region

may select the subsurface estate in an equal acreage from other lands

withdrawn by subsection 11 (a) within the region, if possible.

(2) Selections made under this subsection (a) shall be contiguous

and in reasonably compact tracts, except as separated by bodies of

water or by lands which are unavailable for selection, and shall be

in whole sections and, wherever feasible, in units of not less than 1,280

acres.

Allocation.

(b) The difference between twenty-two million acres and the total

acreage selected by Village Corporations pursuant to subsection (a)

shall be allocated by the Secretary among the eleven Regional Corpo-

rations (which excludes the Regional Corporation for southeastern

Alaska) on the basis of the number of Natives enrolled in each region.

Each Regional Corporation shall reallocate such acreage among the

Native villages within the region on an equitable basis after consider-

ing historic use, subsistence needs, and population. The action of the

Secretary or the Corporation shall not be subject to judicial review.

Each Village Corporation shall select the acreage allocated to it from

the lands withdrawn by subsection 11 (a).

million acres selected by Village Corporations pursuant to subsections

(a) and (b) shall be allocated among the eleven Regional Corpora-

tions (which excludes the Regional Corporation for southeastern

Alaska) as follows:

(1) The number of acres each Regional Corporation is entitled to

receive shall be computed (A) by determining on the basis of avail-

able data the percentage of all land in Alaska (excluding the south-

eastern region) that is within each of the eleven regions, (B) by

applying that percentage to thirty-eight million acres reduced by the

acreage in the southeastern region that is to be selected pursuant

to section 16, and (C) by deducting from the figure so computed the

number of acres within that region selected pursuant to subsections

(a) and (b).

(2) In the event that the total number of acres selected within a

region pursuant to subsections (a) and (b) exceeds the percentage of

the reduced thirty-eight million acres allotted to that region pursuant

[page break]

[page]702 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

to subsection (c) (1) (B), that region shall not be entitled to receive

any lands under this subsection (c). For each region so affected the

difference between the acreage calculated pursuant to subsection (c)

(1) (B) and the acreage selected pursuant to subsections (a) and (b)

shall be deducted from the acreage calculated under subsection (c)

(1) (C) for the remaining regions which will select lands under this

subsection (c). The reductions shall be apportioned among the remain-

ing regions so that each region's share of the total reduction bears the

same proportion to the total reduction as the total land area in that

region (as calculated pursuant to subsection (c) (1) (A) bears to the

total land area in all of the regions whose allotments are to be reduced

pursuant to this paragraph.

(3) Before the end of the fourth year after the date of enactment of

this Act, each Regional Corporation shall select the acreage allocated

to it from the lands within the region withdrawn pursuant to subsec-

tion 11 (a) (1), and from the lands within the region withdrawn pur-

suant to subsection 11 (a) (3) to the extent lands withdrawn pursuant

to subsection 11 (a) (1) are not sufficient to satisfy its allocation: Pro-

vided, that within the lands withdrawn by subsection 11 (a) (1) the

Regional Corporation may select only even numbered townships in

even numbered ranges, and only odd numbered townships in odd num-

bered ranges.

(d) To insure that the Village Corporation for the Native village at

Dutch Harbor, if found eligible for land grants under tins Act, has

a full opportunity to select lands within and near the village, no fed-

erally owned lands, whether improved or not, shall be disposed of pur-

suant to the Federal surplus property disposal laws for a period of

two years from the date of enactment of this Act. The Village Corpo-

ration may select such lands and improvements and receive patent to

them pursuant to subsection 14 (a) of this Act.

Disputes, arbi-

tration.

(e) Any dispute over the land selection rights and the boundaries

of Village Corporations shall be resolved by a board of arbitrators

consisting of one person selected by each of the Village Corporations

involved, and an additional one or two persons, whichever is needed

to make an odd number of arbitrators, such additional person or per-

sons to be selected by the arbitrators selected by the Village Corpora-

tions.

surveys

sec. 13. (a) The Secretary shall survey the areas selected or desig-

nated for conveyance to Village Corporations pursuant to the pro-

visions of this Act. He shall monument only exterior boundaries of

the selected or designated areas at angle points and at intervals of

approximately two miles on straight lines. No ground survey or monu-

mentation will be required along meanderable water boundaries. He

shall survey within the areas selected or designated land occupied as a

primary place of residence, as a primary place of business, and for

other purposes, and any other land to be patented under this Act.

(b) All withdrawals, selections, and conveyances pursuant to this

Act shall be as shown on current plats of survey or protraction dia-

grams of the Bureau of Land Management, or protraction diagrams of

the Bureau of the State where protraction diagrams of the Bureau of

Land Management are not available, and shall conform as nearly as

practicable to the United States Land Survey System.

CONVEYANCE OF LANDS

sec. 14. (a) Immediately after selection by a Village Corpora-

tion for a Native village listed in section 11 which the Secretary

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page] 703

finds is qualified for land benefits under this Act, the Secretary shall

issue to the Village Corporation a patent to the surface estate in the

number of acres shown in the following table:

If the village had on the 1970 census It shall be entitled to a patent to an

enumeration date a Native popula- area of public lands equal to—

tion between—

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.

The lands patented shall be those selected by the Village Corpora-

tion pursuant to subsection 12 (a). In addition, the Secretary shall

issue to the Village Corporation a patent to the surface estate in the

lands selected pursuant to subsection 12 (b).

(b) Immediately after selection by any Village Corporation for

a Native village listed in section 16 which the Secretary finds is quali-

fied for land benefits under this Act, 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 subsection 16 (a).

Patent require-

ments.

be subject to the requirements of this subsection. Upon receipt of

a patent or patents:

(1) the Village Corporation shall first convey to any Native or

non-Native occupant, without consideration, title to the surface

estate in the tract occupied as a primary place of residence, or as

a primary place of business, or as a subsistence campsite, or as

headquarters for reindeer husbandry;

(2) the Village Corporation shall then convey to the occupant,

either without consideration or upon payment of an amount not in

excess of fair market value, determined as of the date of initial

occupancy and without regard to any improvements thereon, title

to the surface estate in any tract occupied by a nonprofit

organization:

(3) the Village Corporation shall then convey to any Munici-

pal Corporation in the Native village or to the State in trust for

any Municipal Corporation established in the Native village in

the future, title to the remaining surface estate of the improved

land on which the Native village is located and as much additional

land as is necessary for community expansion, and appropriate

rights-of-way for public use, and other foreseeable community

needs: Provided, That the amount of lands to be transferred to

the Municipal Corporation or in trust shall be no less than 1,280

acres;

(4) the Village Corporation shall convey to the Federal Gov-

ernment, State or to the appropriate Municipal Corporation, title

to the surface estate for existing airport sites, airway beacons, and

other navigation aids, together with such additional acreage and/

or easements as are necessary to provide related services and to

insure safe approaches to airport runways: and

(5) for a period of ten years after the date of enactment of this

Act, the Regional Corporation shall be afforded the opportunity

to review and render advice to the Village Corporations on all

land sales, leases or other transactions prior to any final

commitment.

[page break]

[page] 704 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

(d) the Secretary may apply the rule of approximation with respect

to the acreage limitations contained in this section.

(e) Immediately after selection by a Regional Corporation, the Sec-

retary shall convey to the Regional Corporation title to the surface

and/or the subsurface estates, as is appropriate, in the lands selected.

Subsurface

estate, patent.

Mineral rights.

(f) When 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 with-

drawn or reserved for national defense purposes, including Naval

Petroleum Reserve Numbered 4, for which in lieu rights are provided

for in subsection 12 (a) (I): Provided, 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.

72 Stat. 340;

77 Stat. 223.

48 USC prec.

21 note.

(g) All conveyances made pursuant to this Act shall be subject to

valid existing rights. Where, prior to patent of any land or minerals

under this Act, a lease, contract, permit, right-of-way, or ease-

ment (including a lease issued under section 6 (g) of the Alaska State-

hood 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 enjoy-

ment 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.

Land convey-

ance, authoriza-

tion.

(h) The Secretary is authorized to withdraw and convey 2 million

acres of unreserved and unappropriated public lands located outside

the areas withdrawn by sections 11 and 16, and follows:

(1) The Secretary may withdraw and convey to the appro-

priate Regional Corporation fee title to existing cemetery sites

and historical places;

(2) The Secretary may withdraw and convey to a Native group

that does not qualify as a Native village, if it incorporates under

the laws of Alaska, title to the surface estate in not more than

23,040 acres surrounding the Native group's locality. The sub-

surface estate in such land shall be conveyed to the appropriate

Regional Corporation ;

(3) The Secretary may withdraw and convey to the Natives

residing in Sitka, Kenai, Juneau, and Kodiak, if they incorporate

under the laws of Alaska, the surface estate of lands of a similar

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page] 705

character in not more than 23,040 acres of land, which shall be

located in reasonable proximity to the municipalities. The sub-

surface estate in such lands shall be conveyed to the appropriate

Regional Corporation unless the lauds are located in a Wildlife

Refuge;

(4) The Secretary shall withdraw only such lands surrounding

the villages and municipalities as are necessary to permit the con-

veyance authorized by paragraphs (2) and (3) to be planned and

effected;

(5) The Secretary may convey to a Native, upon application

within two years from the date of enactment of this Act, the sur-

face estate in not to exceed 160 acres of land occupied by the

Native as a primary place of residence on August 31,1971. Deter-

mination of occupancy shall be made by the Secretary, whose

decision shall be final. The subsurface estate in such lands shall

be conveyed to the appropriate Regional Corporations;

(6) The Secretary shall charge against the 2 million acres

authorized to be conveyed by this section all allotments approved

pursuant to section 18 during the four years following the date

of enactment of this Act;

(7) The Secretary may withdraw and convey lands out of the

National Wildlife Refuge System and out of the National Forests,

for the purposes set forth in subsections (h) (1), (2), (3), and

(5) ; and

(8) Any portion of the 2 million acres not conveyed by this

subsection shall be allocated and conveyed to the Regional Cor-

porations on the basis of population.

TIMBER SALE CONTRACTS

sec. 15. Notwithstanding the provisions of existing National Forest

timber sale contracts that are directly affected by conveyances author-

ized by this Act, the Secretary of Agriculture is authorized to modify

any such contract, with the consent of the purchaser, by substituting,

to the extent practicable, timber on other national forest lands approx-

imately equal in volume, species, grade, and accessibility for timber

standing on any land affected by such conveyances, and, on request of

the appropriate Village Corporation the Secretary of Agriculture is

directed to make such substitution to the extent it is permitted by the

timber sale contract without the consent of the purchaser.

THE TLINGIT-HAIDA SETTLEMENT

sec. 16. (a) All public lands in each township that encloses all or

any part of a Native village listed below, and in each township that is

contiguous to or corners on such township, except lands withdrawn

or reserved for national defense purposes, are hereby withdrawn, sub-

ject to valid existing rights, from all forms of appropriation under

the public land laws, including the mining and mineral leasing laws,

and from selection under the Alaska Statehood Act, as amended:

72 Stat. 339.

48 USC prec.

21 note.

Angoon, Southeast.

Craig, Southeast.

Hoonah, Southeast.

Hydaburg, Southeast.

Kake, Southeast.

Kasaan, Southeast.

Klawock, Southeast.

Klukwan, Southeast.

Saxman, Southeast.

Yakutat, Southeast.

[page break]

[page] 706 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

(b) During a period of three years from the date of enactment of

this Act, each Village Corporation for the villages listed in subsection

(a) shall select, in accordance with rules established by the Secretary,

an area equal to 23,040 acres, which must include the township or town-

ships in which all or part of the Native village is located, plus, to the

extent necessary, withdrawn lands from the townships that are con-

tiguous to or corner on such township. All selections shall be contig-

uous and in reasonably compact tracts, except as separated by bodies of

water, and shall conform as nearly as practicable to the United States

Lands Survey System.

25 USC 1211.

307), to pay the judgment of the Court of Claims in the case of The

Tlingit and Haida Indians of Alaska, et al. against The United States,

numbered 47,900, and distributed to the Tlingit and Haida Indians pur-

suant to the Act of July 13, 1970 (84 Stat. 431), are in lieu of the

additional acreage to be conveyed to qualified villages listed in sec-

tion 11.

JOINT FEDERAL-STATE LAND USE PLANNING COMMISSION FOR ALASKA

Establishment.

Membership.

sec. 17. (a) (1) There is hereby established the Joint Federal-State

Land Use Planning Commission for Alaska. The Planning Commis-

sion shall be composed of ten members as follows:

(A) The Governor of the State (or his designate) and four mem-

bers who shall be appointed by the Governor. During the Planning

Commission's existence at least one member appointed by the Gov-

ernor shall be a Native as defined by this Act.

(B) One member appointed by the President of the United States

with the advice and consent of the Senate, and four members who shall

be appointed by the Secretary of the Interior.

(2) The Governor of the State and the member appointed by the

President pursuant to subsection (a) (1) (B), shall serve as cochairmen

of the Planning Commission. The initial meeting of the Commission

shall be called by the cochairmen. All decisions of the Commission

shall require the concurrence of the cochairmen.

(3) Six members of the Planning Commission shall constitute a

quorum. Members shall serve at the pleasure of the appointing

authority. A vacancy in the membership of the Commission shall not

affect its powers, but shall be filled in the same manner in which the

original appointment was made.

Compensation.

(4) (A) Except to the extent otherwise provided in subparagraph

(B) of this subsection, members of the Planning Commission shall

receive compensation at the rate of $100 per day for each day they are

engaged in the performance of their duties as members of the Com-

mission. All members of the Commission shall be entitled to reim-

bursement for travel, subsistence, and other necessary expenses

incurred by them in the performance of their duties as members of the

Commission.

(B) Any member of the Planning Commission who is designated

or appointed from the Government of the United States or from the

Government of the State shall serve without compensation in addition

to that received in his regular employment. The member of the Com-

mission appointed by the President pursuant to subsection (a) (1) (B)

shall be compensated as provided by the President at a rate not in

excess of that provided for level V of the Executive Schedule in title

5, United States Code.

80 Stat. 463;

83 Stat. 864.

5 USC 5316.

5 USC 101 et

seq.

(5) Subject to such rules and regulations as may be adopted by the

Planning Commission, the cochairmen, without regard to the provi-

sions of title 5, United States Code, governing appointments in the

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1071 [page] 707

competitive service, and without regard to the provisions of chapter

51 and subchapter III of chapter 53 of such title relating to classifica-

tion and General Schedule pay rates, shall have the power—

80 Stat. 443,

467.

5 USC 5101,

5331.

5 USC 5332

note.

(A) to appoint and fix the compensation of such staff personnel

as they deem necessary, and

(B) to procure temporary and intermittent services to the same

extent as is authorized by section 3109 of title 5, United States

Code, but at rates not to exceed $100 a day for individuals.

80 Stat. 416.

Hearings.

(6) (A) The Planning Commission or, on the authorization of the

Commission, any subcommittee or member thereof, may, for the pur-

pose of carrying out the provisions of this section, hold such hearings,

take such testimony, receive such evidence, print or otherwise repro-

duce and distribute so much of its proceedings and reports thereon,

and sit and act at such times and places as the Commission, subcom-

mittee, or member deems advisable.

Information,

availability.

(B) Each department, agency, and instrumentality of the execu-

tive branch of the Federal Government, including independent agen-

cies, is authorized and directed to furnish to the Commission, upon

request made by a cochairman, such information as the Commission

deems necessary to carry out its functions under this section.

(7) The Planning Commission shall—

(A) undertake a process of land-use planning, including the

identification of and the making of recommendations concerning

areas planned and best suited for permanent reservation in Fed-

eral ownership as parks, game refuges, and other public uses, areas

of Federal and State lands to be made available for disposal, and

uses to be made of lands remaining in Federal and State owner-

ship;

(B) make recommendations with respect to proposed land

selections by the State under the Alaska Statehood Act and by

Village and Regional Corporations under this Act;

72 Stat. 339.

48 USC prec.

21 note.

and review of land-use plans for lands selected by the Native

Village and Regional Corporations under this Act and by the

State under the Alaska Statehood Act;

(D) review existing withdrawals of Federal public lands and

recommend to the President of the United States such additions

to or modifications of withdrawals as are deemed desirable ;

(E) establish procedures, including public hearings, for

obtaining public views on the land-use planning programs of the

State and Federal Governments for lands under their adminis-

tration ;

(F) establish a committee of land-use advisers to the Commis-

sion, made up of representatives of commercial and industrial

land users in Alaska, recreational land users, wilderness users,

environmental groups, Alaska Natives, and other citizens;

(G) make recommendations to the President of the United

States and the Governor of Alaska as to programs and budgets

of the Federal and State agencies responsible for the administra-

tion of Federal and State lands;

(H) make recommendations from time to time to the President

of the United States, Congress, and the Governor and legislature

of the State as to changes in laws, policies, and programs that the

Planning Commission determines are necessary or desirable;

(I) make recommendations to insure that economic growth and

development is orderly, planned and compatible with State and

national environmental objectives, the public interest in the pub-

lic lands, parks, forests, and wildlife refuges in Alaska, and the

economic and social well-being of the Native people and other

residents of Alaska;

75-432 O-72-47

[page break]

[page] 708 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

(J) make recommendations to improve coordination and con-

sultation between the State and Federal Governments in making

resource allocation and land use decisions; and

(K) make recommendations on ways to avoid conflict between

the State and the Native people in the selection of public lands.

Report to

President and

Congress of U.S.,

Governor and

legislature of

Alaska.

Recordkeeping.

(8) (A) On or before January 31 of each year, the Planning Com-

mission shall submit to the President of the United States, the Con-

gress, and the Governor and legislature of the State a written report

with respect to its activities during the preceding calendar year.

(B) The Planning Commission shall keep and maintain accurate

and complete records of its activities and transactions in carrying out

its duties under this Act, and such records shall be available for pub-

lic inspection.

located in the State.

(9) (A) The United States shall be responsible for paying for any

fiscal year only 50 per centum of the costs of carrying out subsections

(a) and (b) for such fiscal year.

Appropriation.

(B) For the purpose of meeting the responsibility of the United

States in carrying out the provisions of this section, there is authorized

to be appropriated $1,500,000 for the fiscal year ending June 30,1972,

and for each succeeding fiscal year.

Final report.

(10) On or before May 30,1976, the Planning Commission shall sub-

mit its final report to the President of the United States, the Congress,

and the Governor and Legislature of the State with respect to its

planning and other activities under this Act, together with its recom-

mendations for programs or other actions which it determines should

be taken or carried out by the United States and the State. The Com-

mission shall cease to exist effective December 31,1976.

Termination

date.

Public ease-

ments.

(b) (1) The Planning Commission shall identify public easements

across lands selected by Village Corporations and the Regional Cor-

porations and at periodic points along the courses of major water-

ways which are reasonably necessary to guarantee international treaty

obligations, a full right of public use and access for recreation, hunting,

transportation, utilities, docks, and such other public uses as the

Planning Commission determines to be important.

(2) In identifying public easements the Planning Commission shall

consult with appropriate State and Federal agencies, shall review

proposed transportation plans, and shall receive and review statements

and recommendations from interested organizations and individuals

on the need for and proposed location of public easements: Provided,

That any valid existing right recognized by this Act shall continue

to have whatever right of access as is now provided for under existing

law and this subsection shall not operate in any way to diminish or

limit such right of access.

(3) Prior to granting any patent under this Act to the Village Cor-

poration and Regional Corporations, the Secretary shall consult with

the State and the Planning Commission and shall reserve such public

easements as he determines are necessary.

portation corridor across public lands in Alaska pursuant to his exist-

ing authority, the State, the Village Corporations and the Regional

Corporations shall not be permitted to select lands from the area

withdrawn.

Unreserved

public land, with-

drawal.

(d) (1) Public Land Order Numbered 4582, 34 Federal Register

1025, as amended, is hereby revoked. For a period of ninety days after

the date of enactment of this Act all unreserved public lands in Alaska

are hereby withdrawn from all forms of appropriation under the pub-

lic land laws, including the mining (except locations for metalliferous

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page] 709

minerals) and the mineral leasing laws. During tins period of time

the Secretary shall review the public lands in Alaska and determine

whether any portion of these lands should be withdrawn under author-

ity provided for in existing law to insure that the public interest in

these lands is properly protected. Any further withdrawal shall

require an affirmative act by the Secretary under his existing authority,

and the Secretary is authorized to classify or reclassify any lands so

withdrawn and to open such lands to appropriation under the public

land laws in accord with his classifications. Withdrawals pursuant to

this paragraph shall not affect the authority of the Village Corpora-

tions, the Regional Corporations, and the State to make selections and

obtain patents within the areas withdrawn pursuant to section 11.

72 Stat. 339.

48 USC prec.

21 note.

(2) (A) The Secretary, acting under authority provided for in

existing law, is directed to withdraw from all forms of appropriation

under the public land laws, including the mining and mineral leasing

laws, and from selection under the Alaska Statehood Act, and from

selection by Regional Corporations pursuant to section 11, up to, but

not to exceed, eighty million acres of unreserved public lands in the

State of Alaska, including previously classified lands, which the Sec-

retary deems are suitable for addition to or creation as units of the

National Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers

Systems: Provided, That such withdrawals shall not affect the author-

ity of the State and the Regional and Village Corporations to make

selections and obtain patents within the areas withdrawn pursuant to

section 11.

Final with-

drawal date.

(B) Lands withdrawn pursuant to paragraph (A) hereof must be

withdrawn within nine months of the date of enactment of this Act.

All unreserved public lands not withdrawn under paragraph (A) or

subsection 17 (d) (1) shall be available for selection by the State and

for appropriation under the public land laws.

Report to Con-

gress.

enactment of this Act, the Secretary shall advise the Congress of the

location, size and values of lands withdrawn pursuant to paragraph

(A) and submit his recommendations with respect to such lands. Any

lands withdrawn pursuant to paragraph (A) not recommended for

addition to or creation as units of the National Park. Forest, Wildlife

Refuge, and Wild and Scenic Rivers Systems at the end of the two

years shall be available for selection by the State and the Regional Cor-

porations, and for appropriation under the public land laws.

(D) Areas recommended by the Secretary pursuant to paragraph

land laws until such time as the Congress acts on the Secretary's rec-

ommendations, but not to exceed five years from the recommendation

dates. The withdrawal of areas not so recommended shall terminate at

the end of the two year period.

(E) Notwithstanding any other provision of this subsection, initial

identification of lands desired to be selected by the State pursuant to

the Alaska Statehood Act and by the Regional Corporations pursuant

to section 12 of this Act may be made within any area withdrawn pur-

suant to this subsection (d), but such lands shall not 'be tentatively

approved or patented so long as the withdrawals of such areas remain

in effect: Provided, That selection of lands by Village Corpora-

tions pursuant to section 12 of this Act shall not be affected by such

withdrawals and such lands selected may be patented and such rights

granted as authorized by this Act. In the event Congress enacts legis-

lation setting aside any areas withdrawn under the provisions of this

subsection which the Regional Corporations or the State desired to

select, then other unreserved public lands shall be made available for

alternative selection by the Regional Corporations and the State. Any

[page break]

[page] 710 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

time periods established by law for Regional Corporations or State

selections are hereby extended to the extent that delays are caused by

compliance with tlic provisions of this subsection (2).

(3) Any lands withdrawn under this section shall be subject to

administration by the Secretary under applicable laws and regula-

- tions, and his authority to make contracts and to grant leases, permits,

rights-of-way. or easements shall not be impaired by the withdrawal.

REVOCATION OF INDIAN ALLOTMENT AUTHORITY IN ALASKA

25 USC 334.

36 Stst. 863.

25 USC 337.

Repeal.

70 Stat. 954.

43 USC 270-1

to 270-3.

sec. 18. (a) No Native covered by the provisions of this Act, and

no descendant of his, may hereafter avail himself of an allotment

under the provisions of the Act of February 8, 1887 (24 Stat. 389),

as amended and supplemented, or the Act of June 25, 1910 (36 Stat.

363). Further, the Act of May 17, 1906 (34 Stat. 197), as amended, is

hereby repealed. Notwithstanding the foregoing provisions of this

section, any application for an allotment that is pending before the

Department of the Interior on the date of enactment of this Act may,

at the option of the Native applicant, be approved and a patent issued

in accordance with said 1887,1910, or 1906 Act, as the case may be, in

which event the Native shall not be eligible for a patent under sub-

section 14(h) (5) of this Act.

(b) Any allotments approved pursuant to this section during the

four years following enactment of this Act shall be charged against

the two million acre grant provided for in subsection 14 (h).

REVOCATION OF RESERVATIONS

25 USC 497.

25 USC 495.

sec. 19. (a) Notwithstanding any other provision of law, and except

where inconsistent with the provisions of this Act, the various reserves

set aside by legislation or by Executive or Secretarial Order for Native

use or for administration of Native affairs, including those created

under the Act of May 31,1938 (52 Stafc. 593), are hereby revoked sub-

ject to any valid existing rights of non-Natives. This section shall

not apply to the Annette Island Reserve established by the Act of

March 3,1891 ('26 Stat. 1101) and no person enrolled in the Metlakatia

Indian community of the Annette Island Reserve shall be eligible for

benefits under this Act.

(b) Notwithstanding any other provision of law or of this Act, any

Village Corporation or Corporations may elect witliin two years to

acquire title to the surface and subsurface estates in any reserve set

aside for the use or benefit of its stockholders or members prior to the

date of enactment of this Act. If two or more villages are located on

such reserve the election must be made by all of the members or stock-

holders of the Village Corporations concerned. In such event, the

Secretary shall convey the land to the Village Corporation or Corpo-

rations, subject to valid existing rights as provided in subsection 14 (g),

and the Village Corporation shall not be eligible for any oilier land

selections under this Act or to any distribution of Regional Corpora-

tion funds pursuant to section 7, and the enrolled residents of the Vil-

lage Corporation shall not be eligible to receive Regional Corporation

stock.

ATTORNEY AND CONSULTANT FEES

sec. 20. (a) The Secretary of the Treasury shall hold in the Alaska

Native Fund, from the appropriation made pursuant to section 6

for the second fiscal year, moneys sufficient to make the payments

authorized by this section.

[page break]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page] 711

Filing date.

(b) A claim for attorney and consultant fees and out-of-pocket claims-

expenses may be submitted to the Chief Commissioner of the United

States Court of Claims for services rendered before the date of enact-

ment of this Act to any Native tribe, band, group, village, or association

in connection with:

(1) the preparation of this Act and previously proposed

Federal legislation to settle Native claims based on aboriginal

title, and

(2) the actual prosecution pursuant to an authorized contract

or a cause of action based upon a claim pending before any

Federal or State Court or the Indians Claims Commission that is

dismissed pursuant to this Act.

Court of Claims within one year from the date of enactment of this

Act, and shall be in such form and contain such information as the

Chief Commissioner shall prescribe. Claims not so filed shall be forever

barred.

Rules.

(d) The Chief Commissioner or his delegate is authorized to receive,

determine, and settle such claims in accordance with the following

rules:

(1) No claim shall be allowed if the claimant has otherwise been

reimbursed.

(2) The amount allowed for services shall be based on the nature of

the service rendered, the time and labor required, the need for provid-

ing the service, whether the service was intended to be a voluntary

public service or compensable, the existence of a bona fide attorney-

client relationship with an identified client, and the relationship of the

service rendered to the enactment of proposed legislation. The amount

allowed shall not be controlled by any hourly charge customarily

charged by the claimant.

(3) The amount allowed for out-of-pocket expenses shall not include

office overhead, and shall be limited to expenses that were necessary,

reasonable, unreimbursed and actually incurred.

(4) The amounts allowed for services rendered shall not exceed in

the aggregate $2,000,000, of which not more than $100,000 shall be

available for the payment of consultants' fees. If the approved claims

exceed the aggregate amounts allowable, the Chief Commissioner shall

authorize payment of the claims on a pro rata basis.

(5) Upon the filing of a claim, the clerk of the Court of Claims

shall forward a copy of such claims to the individuals or entities on

whose behalf services were rendered or fees and expenses were

allegedly incurred, as shown by the pleadings, to the Attorney General

of the United States, to the Attorney General of the State of Alaska,

to the Secretary of the Interior, and to any other person wlio appears

to have an interest in the claim, and shall give such persons ninety

days witliin which to file an answer contesting the claim.

(6) The Chief Commissioner may designate a trial commissioner

for any claim made under this section and a panel of three commis-

sioners of the court to serve as a reviewing body. One member of the

review panel shall be designated as presiding commissioner of the

panel.

(7) Proceedings in all claims shall be pursuant to rules and orders

prescribed for the purpose by the Chief Commissioner who is hereby

.authorized and directed to require the application of the pertinent

rules of practice of the Court of Claims insofar as feasible. Claimants

may appear before a trial commissioner in person or by attorney, and

may produce evidence and examine witnesses. In the discretion of the

Chief Commissioner or his designate, hearings may be held in the

localities where the claimants reside if convenience so demands.

[page break]

[page] 712 PUBLIC LAW 92-203-DEC. 18, 1971 [85 stat.

(8) Each trial commissioner and each review panel shall have

authority to do and perform any acts which may be necessary or proper

for the efficient performance of their duties, and shall have the power

of subpena, the power to order audit of books and records, and the

power to administer oaths and affirmations. Any sanction authorized

by the rules of practice of the Court of Claims, except contempt, may

be imposed on any claimant, witness, or attorney by the trial commis-

sioner, review panel, or Chief Commissioner. None of the rules, regula-

tions, rulings, findings, or conclusions authorized by this section shall

be subject to judicial review.

(9) The findings and conclusions of the trial commissioner shall be

submitted by him, together with the record in the case, to the review

panel of commissioners for review by it pursuant to such rules as may

be provided for the purpose, which shall include provision for sub-

mitting the decision of the trial commissioner to the claimant and any

party contesting the claim for consideration, exception, and argument

before the panel. The panel, by majority vote, shall adopt or modify

the findings or the conclusions of the trial commissioner.

(10) The Court of Claims is hereby authorized and directed, under

such conditions as it may prescribe, to provide the facilities and serv-

ices of the office of the clerk of the court for the filing, processing,

hearing, and dispatch of claims made pursuant to this section and to

include witliin its annual appropriations the costs thereof and other

costs of administration, including (but without limitation to the items

herein listed) the salaries and traveling expenses of its auditors and

the commissioners serving as trial commissioners and panel members,

mailing and service of process, necessary physical facilities, equipment,

and supplies, and personnel (including secretaries, reporters, auditors,

and law clerks).

Report to Con-

gress

(e) The Chief Commissioner shall certify to the Secretary of the

Treasury, and report to the Congress, the amount of each claim allowed

and the name and address of the claimant. The Secretary of the Treas-

ury shall pay to such person from the Alaska Native Fund the amounts

certified. No award under this section shall bear interest.

Restriction.

(f) (1) No remuneration on account of any services or expenses for

which a claim is made or could be made pursuant to this section shall

be received by any person for such services and expenses in addition

to the amount paid in accordance with this section, and any contract

or agreement to the contrary shall be void.

Penalty.

(2) Any person wlio receives, and any corporation or association

official who pays, on account of such services and expenses, any re-

muneration in addition to the amount allowed in accordance with this

section shall be guilty of a misdemeanor and, upon conviction thereof,

shall be fined not more than $5,000, or imprisoned not more than

twelve months, or both.

Filing costs.

Report to Con-

gress.

(g) A claim for actual costs incurred in filing protests, preserving

land claims, advancing land claims settlement legislation, and present-

ing testimony to the Congress on proposed Native land claims may

be submitted to the Chief Commissioner of the Court of Claims by

any bona fide association of Natives. The claim must be submitted

within six months from the date of enactment of this Act, and

shall be in such form and contain such information as the Chief Com-

missioner shall prescribe. The Chief Commissioner shall allow such

amounts as he determines are reasonable, but he shall allow no amount

for attorney and consultant fees and expenses which shall be com-

pensable solely under subsection (b) through (e). If approved claims

under this subsection aggregate more than $600,000, each claim shall be

reduced on a pro rata basis. The Chief Commissioner shall certify to

the Secretary of the Treasury, and report to the Congress, the amount

[new page]

85 stat.] PUBLIC LAW 92-203-DEC. 18, 1971 [page] 713

of each claim allowed and the name and address of the claimant. The

Secretary of the Treasury shall pay to such claimant from the Alaska

Native Fund the amount certified. No award under this subsection

shall bear interest.

taxation

sec. 21. (a) Revenues originating from the Alaska Native Fund

shall not be subject to any form of Federal, State, or local taxation

at the time of receipt by a Regional Corporation, Village Corporation,

or individual Native through dividend distributions or in any other

manner. This exemption shall not apply to income from the invest-

ment of such revenues.

(b) The receipt of shares of stock in the Regional or Village Cor-

porations by or on behalf of any Native shall not be subject to any

form of Federal, State or local taxation.

or of cash in order to equalize the values of properties exchanged pur-

suant to subsection 22 (f) shall not be subject to any form of Federal,

State or local taxation. The basis for computing gain or loss on sub-

sequent sale or other disposition of such land or interest in land for

purposes of any Federal, State or local tax imposed on or measured by

income shall be the fair value of such land or interest in land at the

time of receipt.

(d) Real property interests conveyed, pursuant to tills Act, to a

Native individual, Native group, or Village or Regional Corporation

which are not developed or leased to third parties, shall be exempt

from State and local real property taxes for a period of twenty years

after the date of enactment of this Act: Provided, That munic-

ipal taxes, local real property taxes, or local assessments may be

imposed upon leased or developed real property within the jurisdic-

tion of any governmental unit under the laws of the State: Pro-

vided further, That easements, rights-of-way, leaseholds, and similar

interests in such real property may be taxed in accordance with State

or local law. All rents, royalties, profits, and other revenues or pro-

ceeds derived from such property interests shall be taxable to the

same extent as such revenues or proceeds are taxable when received

by a non-Native individual or corporation.

23 USC 101 et

seq.

49 Stat. 1458.

72 Stat. 548.

79 Stat. 27.

20 SC 631, 236.

(e) Real property interests conveyed pursuant to this Act to a

Native individual, Native group, or Village or Regional Corporation

shall, so long as the fee therein remains not subject to State or local

taxes on real estate, continue to be regarded as public lands for the

purpose of computing the Federal share of any highway project pur-

suant to title 23 of the United States Code, as amended and supple-

mented, for the purpose of the Johnson-O'Malley Act of April 16,1934,

as amended (25 U.S.C. 452), and for the purpose of Public Laws 815 '

and 874, 81st Congress (64 Stat. 967, 1100), and so long as there are

also no substantial revenues from such lands, continue to receive forest

fire protection services from the United States at no cost.

MISCELLANEOUS

sec. 22. (a) None of the revenues granted by section 6, and none

of the lands granted by this Act to the Regional and Village Corpora-

tion and to Native groups and individuals shall be subject to any

contract which is based on a percentage fee of the value of all or some

portion of the settlement granted by this Act. Any such contract shall

not be enforceable against any Native as defined by this Act or any

Regional or Village Corporation and the revenues and lands granted

by this Act shall not be subject to lien, execution or judgment to fulfill

such a contract.

[new page]

85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971 [page] 714

Patents.

34 Stat. 1052.

(b) The Secretary is directed to promptly issue patents to all per-

ons who have made a lawful entry on the public lands in compliance

with the public land laws for the purpose of gaining title to the home-

steads, headquarters sites, trade and manufacturing sites, or small

tract sites (43 U.S.C. 682), and who have fulfilled all requirements of

the law prerequisite to obtaining a patent. Any person who had made

a lawful entry prior to August 31, 1971, for any of the foregoing

purposes shall be protected in his right of use and occupancy until all

the requirements of law have been met even though the

lands involved have been reserved or withdrawn in accordance with

Public Lands Order 4582, as amended, or the withdrawal provisions of

this Act: Provided, That occupancy must have been maintained in

accordance with the appropriate public land law: Provided further,

That any person who entered on public lands in violation of Public

Land Order 4582, as amended, shall gain no rights.

Mining claims,

possessory rights.

any person who prior to August 31, 1971, initiated a valid mining

claim or location under general mining laws and recorded notice

of said location with the appropriate State or local office shall be pro-

tected in his possessory rights, if all requirements of the same general min-

ing laws are complied with, for a period of five years and may, if

all requirements of the general mining laws are complied with, pro-

cede to patent.

(d) The provisions of Revised Statute 452 (43 U.S.C. 11) shall

not apply to any land grants or other rights granted under this Act.

National Wild-

life Refuge Sys-

tem lands.

(e) If land within the National Wildlife Refuge System is selected

by a Village Corporation pursuant to the provisions of this Act, the

secretary shall add to the Refuge System other public lands in the

State to replace the lands selected by the Village Corporation.

Land exchanges.

(f) The Secretary, the Secretary of Defense, and the Secretary of

Agriculture are authorized to exchange any lands or interests therein

in Alaska under their jurisdiction for lands or interests therein of

the Village Corporations, Regional Corporations, individuals , of the

State for the purpose of effecting land consolidations or to facilitate

the management or development of the land. Exchanges shall be on

the basis of equal value, and either party to the exchange may pay or

accept cash in order to equalize the value of the properties exchanged.

(g) If a patent of issued to any Village Corporation for land in

the National Wildlife Refuge System, the patent shall reserve to the

United States the right of first refusal if the land is ever sold by the

Village Corporation. Not withstanding any other provisions of this Act,

every patent issued by the Secretary pursuant to this Act – which cov-

ers lands lying within the boundaries of a National Wildlife Refuge

on the date of enactment of this Act shall contain a provision that

such lands remain subject to the laws and regulations governing use

and development of such Refuge.

Withdrawls,

termination dates.

(h)(1) All withdrawals made under this Act, except as otherwise

provided in this subsection, shall terminate within four years of the

date of enactment of this Act; Provided, That any lands selected by

Village or Regional Corporations or by a Native group under section

12 shall remain withdrawn until conveyed pursuant to section 14.

(2) The withdrawals made by subsection 11 (a) (2) and

section 16 shall terminate three years from the date of enactment of

this Act.

(3) The provisions of this section shall not apply to any withdraw-

als made under section 17 of this Act.

(4) The Secretary is authorized to terminate any withdrawal made

by of pursuant to this Act whenever he determines that the withdrawal

is no longer necessary to accomplish the purposes of this Act.

[new page]

[page] 715 85 stat. ] PUBLIC LAW 92-203-DEC. 18, 1971

(i) Prior to a conveyance pursuant to section 14, lands withdrawn

by or pursuant to sections 11,14, and 16 shall be subject to administra-

tion by the Secretary, or by the Secretary of Agriculture in the case

of National Forest lands, under applicable laws and regulations, and

their authority to make contracts and to grant leases, permits, rights-

of-way, or easements shall not be impaired by the withdrawal.

(j) In any area of Alaska for which protraction diagrams of the

Bureau of Land Management or the State do not exist, or which does

not conform to the United States Land Survey System, or which has

not been surveyed in a manner adequate to withdraw and grant the

lands provided for under this Act, the Secretary shall take such

actions as are necessary to accomplish the purposes of this Act, and

the deeds granted shall note that upon completion of an adequate

survey appropriate adjustments will be made to insure that the bene-

ficiaries of the land grants receive their full entitlement.

Land patents in

national forests,

conditions.

(k) Any patents to lands under this Act which are located within

the boundaries of a national forest shall contain such conditions as the

Secretary deems necessary to assure that:

(1) the sale of any timber from such lands shall, for a period

of five years, be subject to the same restrictions relating to the

export of timber from the United States as are applicable to

national forest lands in Alaska under rules and regulations of the

Secretary of Agriculture; and

(2) such lands are managed under the principle of sustained

yield and under management practices for protection and enhance-

ment of environmental quality no less stringent than such

management practices on adjacent national forest lands for a

period of twelve years.

Land selection

limitation,

(1) Notwithstanding any provision of this Act, no Village or

Regional Corporation shall select lands which are within two miles

from the boundary, as it exists on the date of enactment of this Act,

of any home rule or first class city (excluding boroughs) or which are

within six miles from the boundary of Ketchikan.

REVIEW BY CONGRESS

Reports to Con-

gress.

sec. 23. The Secretary shall submit to the Congress annual reports

on implementation of this Act. Such reports shall be filed by the Sec-

retary annually until 1984. At the beginning of the first session of

Congress in 1985 the Secretary shall submit, through the President,

a report of the status of the Natives and Native groups in Alaska,

and a summary of actions taken under this Act, together with such

recommendations as may be appropriate.

APPROPRIATIONS

sec. 24. There are authorized to be appropriated such sums as may

be necessary to carry out the provisions of this Act.

PUBLICATIONS

Publication in

Federal Register,

60 Stat. 237,

5 USC 551 et

seq.

sec. 25. The Secretary is authorized to issue and publish in the

Federal Register, pursuant to the Administrative Procedure Act,

such regulations as may be necessary to carry out the purposes of this

Act.

SAVING CLAUSE

sec. 26. To the extent that there is a conflict between any provision

of this Act and any other Federal laws applicable to Alaska, the pro-

visions of this Act shall govern.

[page]716 PUBLIC LAW 92-204-DEC. 18, 1971 [85 stat.

SEPARABILITY

sec. 27. If any provision of tills Act or the applicability thereof is

held invalid the remainder of this Act shall not be affected thereby.

Approved December 18, 1971.

http://library.alaska.gov/hist/fulltext/ASL-KF50.U58v.85-p688.htm