§ 1616. — Joint FederalState Land Use Planning Commission for 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: 43USC1616]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1616. Joint Federal-State Land Use Planning Commission for
Alaska
(a), (b) Omitted
(c) Prohibition against selection of lands from withdrawn area in event
of withdrawal of utility and transportation corridor across
public lands
In the event that the Secretary withdraws a utility and
transportation corridor across public lands in Alaska pursuant to his
existing authority, the State, the Village Corporations and the Regional
Corporations shall not be permitted to select lands from the area
withdrawn.
(d) Public Land Order Numbered 4582 revoked; withdrawal of unreserved
public lands; classification and reclassification of lands;
opening lands to appropriation; administration; contracting and
other authority of Secretary not impaired by withdrawal
(1) Public Land Order Numbered 4582, 34 Federal Register 1025, as
amended, is hereby revoked. For a period of ninety days after December
18, 1971, all unreserved public lands in Alaska are hereby withdrawn
from all forms of appropriation under the public land laws, including
the mining (except locations for metalliferous minerals) and the mineral
leasing laws. During this period of time the Secretary shall review the
public lands in Alaska and determine whether any portion of these lands
should be withdrawn under authority provided for in existing law to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classify or reclassify any lands so withdrawn and to open such lands to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 Corporations, the Regional Corporations,
and the State to make selections and obtain patents within the areas
withdrawn pursuant to section 1610 of this title.
(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 1610 of this
title, up to, but not to exceed, eighty million acres of unreserved
public lands in the State of Alaska, including previously classified
lands, which the Secretary 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 authority of the State and the Regional and Village
Corporations to make selections and obtain patents within the areas
withdrawn pursuant to section 1610 of this title.
(B) Lands withdrawn pursuant to paragraph (A) hereof must be
withdrawn within nine months of December 18, 1971. All unreserved public
lands not withdrawn under paragraph (A) or subsection (d)(1) of this
section shall be available for selection by the State and for
appropriation under the public land laws.
(C) Every six months, for a period of two years from December 18,
1971, 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 Corporations, and for appropriations under
the public land laws.
(D) Areas recommended by the Secretary pursuant to paragraph (C)
shall remain withdrawn from any appropriation under the public land laws
until such time as the Congress acts on the Secretary's recommendations,
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 1611 of this title may be made within any area withdrawn
pursuant 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 Corporations
pursuant to section 1611 of this title shall not be affected by such
withdrawals and such lands selected may be patented and such rights
granted as authorized by this chapter. In the event Congress enacts
legislation 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
time periods established by law for Regional Corporations or State
selections are hereby extended to the extent that delays are caused by
compliance with the provisions of this subsection (2).
(3) Any lands withdrawn under this section shall be subject to
administration by the Secretary under applicable laws and regulations,
and his authority to make contracts and to grant leases, permits,
rights-of-way, or easements shall not be impaired by the withdrawal.
(Pub. L. 92-203, Sec. 17, Dec. 18, 1971, 85 Stat. 706; Pub. L. 94-204,
Sec. 7, Jan. 2, 1976, 89 Stat. 1149.)
References in Text
Alaska Statehood Act, referred to in subsec. (d)(2)(A), (E), 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.
The public land laws, referred to in subsec. (d)(1), (2)(B) to (D),
are classified generally to this title.
The mining laws and the mineral leasing laws, referred to in subsec.
(d)(1), are classified generally to Title 30, Mineral Lands and Mining.
Codification
Subsecs. (a) and (b) of this section, which related to the
establishment, membership, compensation, procedures, duties and powers
of the Joint Federal-State Land Use Planning Commission for Alaska and
authorized the Commission to identify public easements across selected
lands in Alaska, were omitted pursuant to former subsec. (a)(10) of this
section which provided that the Commission was to cease to exist
effective June 30, 1979.
Amendments
1976--Subsec. (a)(10). Pub. L. 94-204 extended the life of the
Commission from Dec. 31, 1976 to June 30, 1979, directed the submission
of multiple reports, with an interim report to be submitted on or before
May 30, 1976, and extended from May 30, 1976 to May 30, 1979 the date on
or before which the final report shall be submitted.
Section Referred to in Other Sections
This section is referred to in sections 1602, 1610, 1611, 1613,
1618, 1621, 1633, 1635, 1641 of this title; title 16 section 410hh-3.