§ 3215. — Public land entries in Alaska.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3215]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
Sec. 3215. Public land entries in Alaska
(a) Application approval; adjudication; protests; voluntary
relinquishment of application
(1) Subject to valid existing rights, all applications made pursuant
to the Acts of June 1, 1938 (52 Stat. 609),\1\ May 3, 1927 (44 Stat.
1364),\1\ May 14, 1898 (30 Stat. 413),\1\ and March 3, 1891 (26 Stat.
1097), which were filed with the Department of the Interior within the
time provided by applicable law, and which describe land in Alaska that
was available for entry under the aforementioned statutes when such
entry occurred, are hereby approved on the one hundred and eightieth day
following the effective date of this Act, except where provided
otherwise by paragraph (3) or (4) of this subsection, or where the land
description of the entry must be adjusted pursuant to subsection (b) of
this section, in which cases approval pursuant to the terms of this
subsection shall be effective at the time the adjustment becomes final.
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\1\ See References in Text note below.
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(2) Where an application describes land within the boundaries of a
unit of the National Park System or a unit of the National Wildlife
Refuge System, or a unit of the National Wilderness Preservation System
in the Tongass or Chugach National Forests established before the
effective date of this Act or by this Act, and the described land was
not withdrawn pursuant to section 11(a)(1) of the Alaska Native Claims
Settlement Act [43 U.S.C. 1610(A)(1)], or where an application describes
land which has been patented or deeded to the State of Alaska or which
on or before the date of entry was validly selected by, tentatively
approved, patented, deeded or confirmed to the State of Alaska pursuant
to applicable law and was not withdrawn pursuant to section 11(a)(1)(A)
of the Alaska Native Claims Settlement Act [43 U.S.C. 1610(a)(1)(A)]
from those lands made available for selection by section 11(a)(2) of the
Act [43 U.S.C. 1610(a)(2)] by any Native Village certified as eligible
pursuant to section 11(b) of such Act [43 U.S.C. 1610(b)], paragraph (1)
of this subsection and subsection (c) of this section shall not apply
and the application shall be adjudicated pursuant to the requirements of
the Acts referred to in paragraph (1) of this subsection, the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and other
applicable law.
(3) Paragraph (1) of this subsection and subsection (c) of this
section shall not apply and the application shall be adjudicated
pursuant to the requirements of the Acts referred to in paragraph (1) of
this subsection, if on or before the one hundred and eightieth day
following the effective date of the \2\ Act--
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\2\ So in original. Probably should be ``this''.
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(A) a Native Corporation files a protest with the Secretary of
the Interior (the Secretary) stating that the applicant is not
entitled to the land described in the application, and said land is
withdrawn for selection by the corporation pursuant to the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.]; or
(B) the State of Alaska files a protest with the Secretary
stating that the land described in the application is necessary for
access to lands owned by the United States, the State of Alaska, or
a political subdivision of the State of Alaska, to resources located
thereon, or to a public body of water regularly employed for
transportation purposes, and the protest states with specificity the
facts upon which the conclusions concerning access are based and
that no reasonable alternatives for access exist; or
(C) a person or entity files a protest with the Secretary
stating that the applicant is not entitled to the land described in
the application and that said land is the situs of improvements
claimed by the person or entity; or
(D) the State of Alaska files a protest with the Secretary
respecting an entry which was made prior to a valid selection
tentative approval, patent, deed, or confirmation to the State of
Alaska pursuant to applicable law; or
(E) regarding public land entries within units of the National
Wildlife Refuge System established or expanded in this Act, any such
entry not properly made under applicable law, or not the subject of
an application filed within the time required by applicable law, or
not properly maintained thereafter under applicable law shall be
adjudicated pursuant to the Act under which the entry was made.
(4) Paragraph (1) of this subsection and subsection (c) of this
section shall not apply to any application which was knowingly and
voluntarily relinquished by the applicant.
(b) Amendment of land description in application
An applicant may amend the land description contained in his or her
application if said description designates land other than that which
the applicant intended to claim at the time of application and if the
description as amended describes the land originally intended to be
claimed. If the application is amended, this section shall operate to
approve the application or to require its adjudication, as the case may
be, with reference to the amended land description only: Provided, That
the Secretary shall notify the State of Alaska and all interested
parties, as shown by the records of the Department of the Interior of
the intended correction of the entry's location, and any such party
shall have until the one hundred and eightieth day following the
effective date of this Act or sixty days following mailing of the
notice, whichever is later, to file with the Department of the Interior
a protest as provided in subsection (a)(3) of this section, which
protest, if timely, shall be deemed filed within one hundred and eighty
days of the effective date of this Act notwithstanding the actual date
of filing: Provided further, That the Secretary may require that all
applications designating land in a specific area be amended, if at all,
prior to a date certain which date shall be calculated to allow for
orderly adoption of a plan or survey for the specified area, and the
Secretary shall mail notification of the final date for amendment to
each affected applicant, and shall provide such other notice as the
Secretary deems appropriate, at least sixty days prior to said date:
Provided further, That no application may be amended for location
following adoption of a final plan of survey which includes the location
of the entry as described in the application or its location as desired
by amendment.
(c) Powersites and power-projects
Where the land described in application (or such an application as
adjusted or amended pursuant to subsection (b) or (c) of this section),
was on that date withdrawn, reserved, or classified for powersite or
power-project purposes, notwithstanding such withdrawal, reservation, or
classification the described land shall be deemed vacant,
unappropriated, and unreserved within the meaning of the Acts referred
to in subsection (a)(1) of this section, and, as such, shall be subject
to adjudication or approval pursuant to the terms of this section:
Provided, however, That if the described land is included as part of a
project licensed under part I of the Federal Power Act of June 10, 1920
(41 Stat. 24), as amended [16 U.S.C. 791a et seq.], or is presently
utilized for purposes of generating or transmitting electrical power or
for any other project authorized by Act of Congress, the foregoing
provision shall not apply and the application shall be adjudicated
pursuant to the appropriate Act: Provided further, That where the
applicant commenced occupancy of the land after its withdrawal or
classification for powersite purposes, the entry shall be made subject
to the right of reentry provided the United States by section 24 of the
Federal Power Act, as amended [16 U.S.C. 818]: Provided further, That
any right of reentry reserved in a patent pursuant to this section shall
expire twenty years after the effective date of this Act if at that time
the land involved is not subject to a license or an application for a
license under part I of the Federal Power Act, as amended, or actually
utilized or being developed for a purpose authorized by that Act, as
amended [16 U.S.C. 791a et seq.] or other Act of Congress.
(d) Validity of existing rights; rights acquired by actual use and
national forest lands unaffected
Prior to issuing a patent for an entry subject to this section, the
Secretary shall identify and adjudicate any record entry or application
for title to land described in the application, other than the Alaska
Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the Alaska
Statehood Act, or the Act of May 17, 1906, as amended, which entry or
application claims land also described in the application, and shall
determine whether such entry or application represents a valid existing
right to which the application is subject. Nothing in this section shall
be construed to affect rights, if any, acquired by actual use of the
described land prior to its withdrawal or classification, as affecting
National Forest lands.
(Pub. L. 96-487, title XIII, Sec. 1328, Dec. 2, 1980, 94 Stat. 2489.)
References in Text
Act of June 1, 1938 (52 Stat. 609), referred to in subsec. (a)(1),
is act June 1, 1938, ch. 317, 52 Stat. 609, which was classified to
sections 682a to 682e of Title 43, Public Lands, was repealed by Pub. L.
94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787, 2789.
Act of May 3, 1927 (44 Stat. 1364), referred to in subsec. (a)(1),
probably means act Mar. 3, 1927, ch. 323, 44 Stat. 1364, which was
classified to section 687a of Title 43, and was repealed by Pub. L. 94-
579, title VII, Sec. 703(b), Oct. 21, 1976, 90 Stat. 2789, 2791.
Act of May 14, 1898, referred to in subsec. (a)(1), is act May 14,
1898, ch. 299, 30 Stat. 409, which is classified to sections 607a and
615a of this title, sections 270, 270-4, 687a, 687a-2, 687a-3, 687a-4,
687a-5, and 942-1 to 942-9 of Title 43, and section 392 of Title 48,
Territories and Insular Possessions. Section 270 of Title 43 was
repealed by Pub. L. 94-579, title VII, Sec. 703(a), Oct. 21, 1976, 90
Stat. 2789. Section 270-4 of Title 43 was repealed by Pub. L. 94-579,
title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787. Sections 687a and
687a-2 to 687a-5 of Title 43 were repealed by Pub. L. 94-579, title VII,
Secs. 703(a), 704(a), Oct. 21, 1976, 90 Stat. 2789, 2792. Section 392 of
Title 48 was eliminated from the Code as obsolete. For complete
classification of this Act to the Code, see Tables.
Act of March 3, 1891, referred to in subsec. (a)(1), is act Mar. 3,
1891, ch. 561, 26 Stat. 1095, which is classified to sections 161, 162,
165, 173, 174, 185, 202, 212, 321, 323, 325, 327 to 329, 663, 671, 687a-
6, 718, 728, 732, 893, 946 to 949, 989, 1165, 1166, 1181, and 1197 of
this title, sections 471, 607, 611, 611a, and 613 of Title 16,
Conservation, section 495 of Title 25, Indians, and sections 30, 36, 44,
45, 48; and 52 of Title 30, Mineral Lands and Mining. For complete
classification of this Act to the Code, see Tables.
The effective date of this Act, referred to in subsecs. (a) to (c),
probably means the date of enactment of Pub. L. 96-487, which was
approved Dec. 2, 1980.
This Act, referred to in subsec. (a)(2) and (3)(E), 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
this title and Tables.
The Alaska Native Claims Settlement Act, referred to in subsecs.
(a)(2), (3)(A) and (d), 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 Title 43, Public Lands. For complete classification of this Act
to the Code, see Short Title note set out under section 1601 of Title 43
and Tables.
The Federal Power Act and that Act, referred to in subsec. (c), is
act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is
classified generally to chapter 12 (Sec. 791a et seq.) of this title.
Part I of the Federal Power Act of June 10, 1920 as amended, is
classified generally to subchapter I (Sec. 791a et seq.) of chapter 12
of this title. For complete classification of this Act to the Code, see
section 791a of this title and Tables.
The Alaska Statehood Act, referred to in subsec. (d), is Pub. L. 85-
508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a note
preceding section 21 of Title 48, Territories and Insular Possessions.
For complete classification of this Act to the Code, see Tables.
Act of May 17, 1906, as amended, referred to in subsec. (d), is act
May 17, 1906, ch. 2469, 34 Stat. 197, as amended, which was classified
to sections 270-1 to 270-3 of Title 43, Public Lands, prior to its
repeal by Pub. L. 92-203, Sec. 18(a), Dec. 18, 1971, 85 Stat. 710. See
section 1617 of Title 43.
