43 U.S.C. § 1613 : US Code - Section 1613: Conveyance of lands

Search 43 U.S.C. § 1613 : US Code - Section 1613: Conveyance of lands

(a) Native villages listed in section 1610 and qualified for land
benefits; patents for surface estates; issuance; acreage
Immediately after selection by a Village Corporation for a Native
village listed in section 1610 of this title which the Secretary
finds is qualified for land benefits under this chapter, the
Secretary shall issue to the Village Corporation a patent to the
surface estate in the number of acres shown in the following table:
If the village had on the 1970 census It shall be
enumeration date a Native population entitled to a
between - patent to an area
of public lands
equal to -
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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.
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The lands patented shall be those selected by the Village
Corporation pursuant to section 1611(a) of this title. In addition,
the Secretary shall issue to the Village Corporation a patent to
the surface estate in the lands selected pursuant to section
1611(b) of this title.
(b) Native villages listed in section 1615 and qualified for land
benefits; patents for surface estates; issuance; acreage
Immediately after selection by any Village Corporation for a
Native village listed in section 1615 of this title which the
Secretary finds is qualified for land benefits under this chapter,
the Secretary shall issue to the Village Corporation a patent to
the surface estate to 23,040 acres. The lands patented shall be the
lands within the township or townships that enclose the Native
village, and any additional lands selected by the Village
Corporation from the surrounding townships withdrawn for the Native
village by section 1615(a) of this title.
(c) Patent requirements; order of conveyance; vesting date;
advisory and appellate functions of Regional Corporations on
sales, leases, or other transactions prior to final commitment
Each patent issued pursuant to subsections (a) and (b) of this
section shall 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 of December 18, 1971 (except that
occupancy of tracts located in the Pribilof Islands shall be
determined as of the date of initial conveyance of such tracts to
the appropriate Village Corporation) 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 as of December 18,
1971 by a nonprofit organization;
(3) the Village Corporation shall then convey to any Municipal
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 unless the Village Corporation and the
Municipal Corporation or the State in trust can agree in writing
on an amount which is less than one thousand two hundred and
eighty acres: Provided further, That any net revenues derived
from the sale of surface resources harvested or extracted from
lands reconveyed pursuant to this subsection shall be paid to the
Village Corporation by the Municipal Corporation or the State in
trust: Provided, however, That the word "sale", as used in the
preceding sentence, shall not include the utilization of surface
resources for governmental purposes by the Municipal Corporation
or the State in trust, nor shall it include the issuance of free
use permits or other authorization for such purposes;
(4) the Village Corporation shall convey to the Federal
Government, State, or to the appropriate Municipal Corporation,
title to the surface estate for airport sites, airway beacons,
and other navigation aids as such existed on December 18, 1971,
together with such additional acreage and/or easements as are
necessary to provide related governmental services and to insure
safe approaches to airport runways as such airport sites,
runways, and other facilities existed as of December 18, 1971;
and
(5) for a period of ten years after December 18, 1971, 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.
There is authorized to be appropriated such sums as may be
necessary for the purpose of providing technical assistance to
Village Corporations established pursuant to this chapter in order
that they may fulfill the reconveyance requirements of this
subsection. The Secretary may make funds available as grants to
ANCSA or nonprofit corporations that maintain in-house land
planning and management capabilities.
(d) Rule of approximation with respect to acreage limitations
(1) The Secretary may apply the rule of approximation with
respect to the acreage limitations contained in this section.
(2) For purposes of applying the rule of approximation under this
section, the largest legal subdivision that may be conveyed in
excess of the applicable acreage limitation specified in subsection
(a) of this section shall be -
(A) in the case of land managed by the Bureau of Land
Management that is not within a conservation system unit, the
next whole section;
(B) in the case of land managed by an agency other than the
Bureau of Land Management that is not within a conservation
system unit, the next quarter-section and only with concurrence
of the agency; or
(C) in the case of land within a conservation system unit, a
quarter of a quarter section, and if the land is managed by an
agency other than the Bureau of Land Management, only with the
concurrence of that agency.
(3)(A) If the Secretary determines pursuant to paragraph (2) that
an entitlement of a Village Corporation (other than a Village
Corporation listed in section 1615(a) of this title) or a Regional
Corporation may be fulfilled by conveying a specific tract of
surveyed or unsurveyed land, the Secretary and the affected Village
or Regional Corporation may enter into an agreement providing that
all land entitlements under this chapter shall be deemed satisfied
by conveyance of the specifically identified and agreed upon tract
of land.
(B) An agreement entered into under subparagraph (A) shall be -
(i) in writing;
(ii) executed by the Secretary and the Village or Regional
Corporation; and
(iii) authorized by a corporate resolution adopted by the
affected Village or Regional Corporation.
(C) After execution of an agreement under subparagraph (A) and
conveyance of the agreed upon tract to the affected Village or
Regional Corporation -
(i) the Secretary shall not make any further adjustments to
calculations relating to acreage entitlements of the Village or
Regional Corporation; and
(ii) the Village or Regional Corporation shall not be entitled
to any further conveyances under this chapter.
(D) A Village or Regional Corporation shall not be eligible to
receive land under subparagraph (A) if the Village or Regional
Corporation has received the full land entitlement of the Village
or Regional Corporation through -
(i) an actual conveyance of land; or
(ii) a previous agreement.
(E) If the calculations of the Secretary indicate that the final
survey boundaries for any Village or Regional Corporation
entitlement for which an agreement has not been entered into under
this paragraph include acreage in a quantity that exceeds the
statutory entitlement of the corporation by 1/10 of 1 percent or
less, but not more than the applicable acreage limitation specified
in paragraph (2) -
(i) the entitlement shall be considered satisfied by the
conveyance of the surveyed area; and
(ii) the Secretary shall not change the survey for the sole
purpose of an acreage adjustment.
(F) This paragraph does not limit or otherwise affect the ability
of a Village or Regional Corporation to enter into land exchanges
with the United States.
(e) Surface and/or subsurface estates to Regional Corporations
Immediately after selection by a Regional Corporation, the
Secretary shall convey to the Regional Corporation title to the
surface and/or the subsurface estates, as is appropriate, in the
lands selected.
(f) Patents to Village Corporations for surface estates and to
Regional Corporations for subsurface estates; excepted lands;
mineral rights, consent of Village Corporations
When the Secretary issues a patent to a Village Corporation for
the surface estate in lands pursuant to subsections (a) and (b) of
this section, he shall issue to the Regional Corporation for the
region in which the lands are located a patent to the subsurface
estate in such lands, except lands located in the National Wildlife
Refuge System and lands withdrawn or reserved for national defense
purposes, including Naval Petroleum Reserve Numbered 4, for which
in lieu rights are provided for in section 1611(a)(1) of this
title: 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.
(g) Valid existing rights preserved; saving provisions in patents;
patentee rights; administration; proportionate rights of patentee
All conveyances made pursuant to this chapter shall be subject to
valid existing rights. Where, prior to patent of any land or
minerals under this chapter, a lease, contract, permit, right-of-
way, or easement (including a lease issued under section 6(g) of
the Alaska Statehood Act) has been issued for the surface or
minerals covered under such patent, the patent shall contain
provisions making it subject to the lease, contract, permit, right-
of-way, or easement, and the right of the lessee, contractee,
permittee, or grantee to the complete enjoyment of all rights,
privileges, and benefits thereby granted to him. Upon issuance of
the patent, the patentee shall succeed and become entitled to any
and all interests of the State or the United States as lessor,
contractor, permitter, or grantor, in any such leases, contracts,
permits, rights-of-way, or easements covering the estate patented,
and a lease issued under section 6(g) of the Alaska Statehood Act
shall be treated for all purposes as though the patent had been
issued to the State. The administration of such lease, contract,
permit, right-of-way, or easement shall continue to be by the State
or the United States, unless the agency responsible for
administration waives administration. In the event that the patent
does not cover all of the land embraced within any such lease,
contract, permit, right-of-way, or easement, the patentee shall
only be entitled to the proportionate amount of the revenues
reserved under such lease, contract, permit, right-of-way, or
easement by the State or the United States which results from
multiplying the total of such revenues by a fraction in which the
numerator is the acreage of such lease, contract, permit, right-of-
way, or easement which is included in the patent and the
denominator is the total acreage contained in such lease, contract,
permit, right-of-way, or easement.
(h) Authorization for land conveyances; surface and subsurface
estates
The Secretary is authorized to withdraw and convey 2 million
acres of unreserved and unappropriated public lands located outside
the areas withdrawn by sections 1610 and 1615 of this title, and
(!1) follows:
(1)(A) The Secretary may withdraw and convey to the appropriate
Regional Corporation fee title to existing cemetery sites and
historical places.
(B) Only title to the surface estate shall be conveyed for
lands located in a Wildlife Refuge, when the cemetery or
historical site is greater than 640 acres.
(C)(i) Notwithstanding acreage allocations made before December
10, 2004, the Secretary may convey any cemetery site or
historical place -
(I) with respect to which there is an application on record
with the Secretary on December 10, 2004; and
(II) that is eligible for conveyance.
(ii) Clause (i) shall also apply to any of the 188 closed
applications that are determined to be eligible and reinstated
under Secretarial Order No. 3220 dated January 5, 2001.
(D) No applications submitted for the conveyance of land under
subparagraph (A) that were closed before December 10, 2004, may
be reinstated other than those specified in subparagraph (C)(ii).
(E) After December 10, 2004 -
(i) no application may be filed for the conveyance of land
under subparagraph (A); and
(ii) no pending application may be amended, except as
necessary to conform the application to the description in the
certification of eligibility of the Bureau of Indian Affairs.
(F) Unless, not later than 1 year after December 10, 2004, a
Regional Corporation that has filed an application for a historic
place submits to the Secretary a statement on the significance of
and the location of the historic place -
(i) the application shall not be valid; and
(ii) the Secretary shall reject the application.
(G) The State and the head of the Federal agency with
administrative jurisdiction over the land shall have 30 days to
provide written comments to the Secretary -
(i) identifying any third party interest to which a
conveyance under subparagraph (A) should be made subject; and
(ii) describing any easements recommended for reservation.
(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
subsurface estate in such land shall be conveyed to the
appropriate Regional Corporation unless the lands are located in
a Wildlife Refuge;
(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 character in not more than 23,040 acres of land, which
shall be located in reasonable proximity to the municipalities.
The subsurface estate in such lands shall be conveyed to the
appropriate Regional Corporation unless the lands 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
conveyance 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 December 18, 1971, the surface estate in
not to exceed 160 acres of land occupied by the Native as a
primary place of residence on August 31, 1971. Determination 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 unless the lands are
located on a Wildlife Refuge;
(6) The Secretary shall charge against the 2 million acres
authorized to be conveyed by this section all allotments approved
pursuant to section 1617 of this title during the four years
following December 18, 1971. Any minerals reserved by the United
States pursuant to the Act of March 8, 1922 (42 Stat. 415), as
amended [43 U.S.C. 270-11 to 270-13],(!2) in a Native Allotment
approved pursuant to section 1617 of this title during the period
December 18, 1971, through December 18, 1975, shall be conveyed
to the appropriate Regional Corporation, unless such lands are
located in a Wildlife Refuge or in the Lake Clark areas as
provided in section 12 of the Act of January 2, 1976 (Public Law
94-204), as amended.
(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 paragraphs (1), (2), (3), and (5)
of this subsection; and
(8)(A) Any portion of the 2 million acres not conveyed by this
subsection shall be allocated and conveyed to the Regional
Corporations on the basis of population.
(B) Such allocation as the Regional Corporation for
southeastern Alaska shall receive under this paragraph shall be
selected and conveyed from lands that were withdrawn by sections
1615(a) and 1615(d) of this title and not selected by the Village
Corporations in southeastern Alaska; except lands on Admiralty
Island in the Angoon withdrawal area and, without the consent of
the Governor of the State of Alaska or his delegate, lands in the
Saxman and Yakutat withdrawal areas are not available for
selection or conveyance under this paragraph.
(C)(i) Notwithstanding any other provision of this subsection,
as soon as practicable after December 10, 2004, the Secretary
shall allocate to a Regional Corporation eligible for an
allocation under subparagraph (A) the Regional Corporation's
share of 200,000 acres from lands withdrawn under this
subsection, to be credited against acreage to be allocated to the
Regional Corporation under subparagraph (A).
(ii) Clause (i) shall apply to Chugach Alaska Corporation
pursuant to the terms of the 1982 CNI Settlement Agreement.
(iii) With respect to Cook Inlet Region, Inc., or Koniag, Inc. -

(I) clause (i) shall not apply; and
(II) the portion of the 200,000 acres allocated to Cook Inlet
Region Inc. or Koniag, Inc., shall be retained by the United
States.
(iv) This subparagraph shall not affect any prior agreement
entered into by a Regional Corporation other than the agreements
specifically referred to in this subparagraph.
(9) Where the Regional Corporation is precluded from receiving
the subsurface estate in lands selected and conveyed pursuant to
paragraph (1), (2), (3), or (5), or the retained mineral estate,
if any, pursuant to paragraph (6), it may select the subsurface
estate in an equal acreage from other lands withdrawn for such
selection by the Secretary, or, as to Cook Inlet Region,
Incorporated, from those areas designated for in lieu selection
in paragraph I.B.(2) of the document identified in section 12(b)
of Public Law 94-204. Selections made under this paragraph shall
be contiguous and in reasonably compact tracts except as
separated by unavailable lands, and shall be in whole sections,
except where the remaining entitlement is less than six hundred
and forty acres. The Secretary is authorized to withdraw, up to
two times the Corporation's entitlement, from vacant,
unappropriated, and unreserved public lands, including lands
solely withdrawn pursuant to section 1616(d)(1) of this title,
and the Regional Corporation shall select such entitlement of
subsurface estate from such withdrawn lands within ninety days of
receipt of notification from the Secretary.
(10)(A) Notwithstanding the provisions of subsection 1621(h) of
this title the Secretary, upon determining that specific lands
are available for withdrawal and possible conveyance under this
subsection, may withdraw such lands for selection by and
conveyance to an appropriate applicant and such withdrawal shall
remain until revoked by the Secretary.
(B) If a Regional Corporation does not have enough valid
selections on file to fulfill the remaining entitlement of the
Regional Corporation under paragraph (8), the Secretary may use
the withdrawal authority under subparagraph (A) to withdraw land
that is vacant, unappropriated, and unreserved on December 10,
2004, for selection by, and conveyance to, the Regional
Corporation to fulfill the entitlement.
(11) For purposes set forth in paragraphs (1), (2), (3), (5),
and (6) of this subsection, the term Wildlife Refuges refers to
Wildlife Refuges as the boundaries of those refuges exist on
December 18, 1971.