§ 1641. — Conveyances to Village Corporations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1641]
TITLE 43--PUBLIC LANDS
CHAPTER 33A--IMPLEMENTATION OF ALASKA NATIVE CLAIMS SETTLEMENT AND
ALASKA STATEHOOD
Sec. 1641. Conveyances to Village Corporations
(a) Optional procedure
The provisions of this section shall be applicable only to the
conveyance of Federal lands described herein to a Native Corporation
which within one hundred and eighty days after December 2, 1980, or the
date of eligibility determination, whichever is later, files a document
with the Secretary setting forth its election to receive conveyance
pursuant to this section.
(b) ``Core'' townships, etc.
(1)(A) Except to the extent that conveyance of a surface estate
would be inconsistent with section 12(a), 14(a), 14(b), or 22(l) of the
Alaska Native Claims Settlement Act [43 U.S.C. 1611(a), 1613(a),
1613(b), or 1621(l)], subject to valid existing rights and section
1633(a) of this title, there is hereby conveyed to and vested in each
Village Corporation for a Native Village which is determined by the
Secretary to be eligible for land under section 11 or 16 of the Alaska
Native Claims Settlement Act [43 U.S.C. 1610 or 1615] and which did not
elect to acquire a former reserve under section 19(b) of such Act [43
U.S.C. 1618(b)], all of the right, title, and interest of the United
States in and to the surface estate in the public lands, as defined in
such Act [43 U.S.C. 1601 et seq.], in the township or townships
withdrawn pursuant to section 11(a)(1) or 16(a) of such Act [43 U.S.C.
1610(a)(1) or 1615(a)] in which all or any part of such Village is
located. As used in this paragraph the term ``Native Village'' has the
same meaning such term has in section 3(c) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1602(c)].
(B) Where two or more Village Corporations are entitled to the same
land by virtue of the same township or townships embracing all or part
of the Native Villages, the conveyance made by paragraph (A) shall not
be effective as to such lands until an arbitration decision or other
binding agreement between or among the Corporations is filed with and
published by the Secretary. Within thirty days of receipt of such
decision or agreement, the Secretary shall publish notice of the
decision or agreement in the Federal Register. Effective with such
publication, title to the lands conveyed by subparagraph (A) shall vest
in the Village Corporation as specified in the decision or agreement.
For purposes of section 1632 of this title, until title vests in the
Village Corporation pursuant to this subparagraph, the Secretary shall
consider the entire acreage involved chargeable to each Corporation's
entitlement.
(2) Except to the extent that conveyance of a surface estate would
be inconsistent with section 12(a), 14(a), or 22(l) of the Alaska Native
Claims Settlement Act [43 U.S.C. 1611(a), 1613(a), or 1621(l)], subject
to valid existing rights and section 1633(a) of this title, there is
hereby conveyed to and vested in each Village Corporation for a Native
Village which is determined by the Secretary to be eligible for land
under section 11 of such Act [43 U.S.C. 1610], and which did not elect
to acquire a former reserve under section 19(b) of such Act [43 U.S.C.
1618(b)], all of the right, title, and interest of the United States in
and to the surface estate in the township or townships withdrawn
pursuant to section 11(a)(2) of such Act [43 U.S.C. 1610(a)(2)] in which
all or any part of such village is located: Provided, That any such land
reserved to or selected by the State of Alaska under the Acts of March
4, 1915 (38 Stat. 1214), as amended, January 21, 1929 (45 Stat. 1091),
as amended, or July 28, 1956 (70 Stat. 709), and lands selected by the
State which have been tentatively approved to the State under section
6(g) of the Alaska Statehood Act and as to which the State, prior to
December 18, 1971, had conditionally granted title to, or contracts to
purchase, the surface estate to third parties, including cities and
boroughs within the State, and such reservations, selections, grants,
and contracts had not expired or been relinquished or revoked by
December 2, 1980, shall not be conveyed by operation of this paragraph:
And provided further, That the provisions of subparagraph (1)(B) of this
subsection shall apply to the conveyances under this paragraph.
(3) Subject to valid existing rights and section 1633(a) of this
title, there is hereby conveyed to and vested in each Village
Corporation which, by December 2, 1980, is determined by the Secretary
to be eligible under the Alaska Native Claims Settlement Act [43 U.S.C.
1601 et seq.] to, and has elected to, acquire title to any estate
pursuant to section 19(b) of the Alaska Native Claims Settlement Act [43
U.S.C. 1618(b)], all of the right, title, and interest of the United
States in and to the estates in a reserve, as such reserve existed on
December 18, 1971, which was set aside for the use or benefit of the
stockholders or members of such Corporation before December 18, 1971.
Nothing in this paragraph shall apply to the Village Corporation for the
Native village of Klukwan, which Corporation shall receive those rights
granted to it by the Act of January 2, 1976 (Public Law 94-204) as
amended by the Act of October 4, 1976 (Public Law 94-456).
(4) Subject to valid existing rights and section 1633(a) of this
title, and except where such lands are within a National Wildlife Refuge
or the National Petroleum Reserve--Alaska, for which the Regional
Corporation obtains in-lieu rights pursuant to section 12(a)(1) of the
Alaska Native Claims Settlement Act [43 U.S.C. 1611(a)(1)], there is
hereby conveyed to and vested in each Regional Corporation which, as a
result of a conveyance of a surface estate by operation of paragraphs
(1) and (2) of this subsection, is entitled under section 14(f) of the
Alaska Native Claims Settlement Act [43 U.S.C. 1613(f)] to receive the
subsurface estate corresponding to such surface estate, all of the
right, title, and interest of the United States in and to such
subsurface estate.
(c) Documents
As soon as possible after December 2, 1980, the Secretary shall
issue to each Native Corporation referred to in subsection (b) of this
section interim conveyances or patents to the estate or estates conveyed
to such Corporation by such subsection, but title shall be deemed to
have passed on the date of the filing of a document of election
described in subsection (a) of this section, notwithstanding any delay
in the issuance of the interim conveyances or patents.
(d) Reconveyances; disputes
A Village Corporation's obligation to reconvey lands under section
14(c) of the Alaska Native Claims Settlement Act [43 U.S.C. 1613(c)]
shall arise only upon receipt of an interim conveyance or patent,
whichever is earlier, under subsection (c) of this section or under such
Act [43 U.S.C. 1601 et seq.]. For purposes of the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.], legislative conveyances made
by, or interim conveyances and patents issued pursuant to, this title
shall have the same effect as if issued pursuant to sections 14(a),
14(b), 14(f), and 19(b) of the Alaska Native Claims Settlement Act [43
U.S.C. 1613(a), 1613(b), 1613(f), and 1618(b)] and shall be deemed to
have been so issued. Disputes between or among Native Corporations
arising from conveyances under this Act shall be resolved by a board of
arbitrators of a type described in section 12(e) of the Alaska Native
Claims Settlement Act [43 U.S.C. 1611(e)] pertaining to disputes over
land selection rights and the boundaries of Village Corporations.
(e) Existing rights
All conveyances made by operation of this section shall be subject
to the terms and conditions of the Alaska Native Claims Settlement Act
[43 U.S.C. 1601 et seq.] as if such conveyances or patents had been made
or issued pursuant to that Act.
(f) Easements
For a period of one year from December 2, 1980, the Secretary may
identify and issue a decision to reserve in the patent those easements,
pursuant to section 17(b)(3) of the Alaska Native Claims Settlement Act,
which are described in section 17(b)(1) of such Act on lands conveyed by
this section, but the Secretary shall not reserve a greater number of
easements or more land for a particular easement or easements than is
reasonably necessary and he shall be guided by the principles of section
1633 of this title. Upon the finality of the decision so issued, such
easements shall be reserved in the conveyance document or documents
issued by the Secretary as required by this section.
(g) ``Native Corporation'' defined
For purposes of this section, the term ``Native Corporation'' means
Village Corporations and Regional Corporations.
(Pub. L. 96-487, title XIV, Sec. 1437, Dec. 2, 1980, 94 Stat. 2546.)
References in Text
The Alaska Native Claims Settlement Act, referred to in subsecs.
(b)(1)(A), (3), (d), and (e), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat.
688, as amended, which is classified generally to chapter 33 (Sec. 1601
et seq.) of this title. Section 17(b) of the Act was classified to
section 1616(b) of this title and was omitted from the Code. For
complete classification of this Act to the Code, see Short Title note
set out under section 1601 of this title and Tables.
Act of March 4, 1915, as amended, referred to in subsec. (b)(2), is
act Mar. 4, 1915, ch. 181, 38 Stat. 1214, as amended, which enacted
section 353 of Title 48, Territories and Insular Possessions, and a
provision set out as a note under section 852 of this title. Section 353
of Title 48 was repealed by Pub. L. 85-508, Sec. 6(k), July 7, 1958, 72
Stat. 343. For complete classification of this Act to the Code, see
Tables.
Act of January 21, 1929, as amended, referred to in subsec. (b)(2),
is act Jan. 21, 1929, ch. 92, 45 Stat. 1091, as amended, which is set
out as a note under section 852 of this title. For complete
classification of this Act to the Code, see Tables.
Act July 28, 1956, referred to in subsec. (b)(2), is act July 28,
1956, ch. 772, 70 Stat. 709, as amended. For complete classification of
this Act to the Code, see Tables.
Section 6(g) of the Alaska Statehood Act, referred to in subsec.
(b)(2), is section 6(g) of Pub. L. 85-508, July 7, 1948, 72 Stat. 339,
which is set out as a note preceding section 21 of Title 48, Territories
and Insular Possessions.
Act of January 2, 1976 (Public Law 94-204) as amended by the Act of
October 4, 1976 (Public Law 94-456), referred to in subsec. (b)(3), is
Pub. L. 94-204, Jan. 2, 1976, 89 Stat. 1145, as amended, which enacted
sections 1625 to 1627 of this title, amended sections 1615, 1616, 1620,
and 1621 of this title, and enacted provisions set out as notes under
sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title, as
amended by Pub. L. 94-456, Oct. 4, 1976, 90 Stat. 1934, which amended
section 1615 of this title and provisions set out as notes under section
1611 of this title. For complete classification of these Acts to the
Code, see Tables.
This title, referred to in subsec. (d), is title XIV of Pub. L. 96-
487, Dec. 2, 1980, 94 Stat. 2491, which enacted sections 1639 to 1641 of
this title, amended sections 1602, 1606, 1607, 1611, 1613, 1620, and
1621 of this title, enacted provisions set out as notes under sections
1605, 1613, and 1618 of this title, and amended provisions set out as
notes under sections 1611 and 1613 of this title. For complete
classification of title XIV to the Code, see Tables.
This Act, referred to in subsec. (d), is Pub. L. 96-487, Dec. 2,
1980, 94 Stat. 2371, as amended, known as the Alaska National Interest
Lands Conservation Act. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of Title 16,
Conservation, and Tables.
Codification
Section was not enacted as part of title IX of Pub. L. 96-487 which
comprises this chapter.
