
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC1615]

 
                         TITLE 43--PUBLIC LANDS
 
               CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
 
Sec. 1615. Withdrawal and selection of public lands; funds in 
        lieu of acreage
        

(a) Withdrawal of public lands; list of Native villages

    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or corners on such township, except lands withdrawn or reserved for 
national defense purposes, are hereby withdrawn, subject to valid 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:
        Angoon, Southeast.
        Craig, Southeast.
        Hoonah, Southeast.
        Hydaburg, Southeast.
        Kake, Southeast.
        Kasaan, Southeast.
        Klawock, Southeast.
        Saxman, Southeast.
        Yakutat, Southeast.

(b) Native land selections; Village Corporations for listed Native 
        villages; acreage; proximity of selections; conformity to Lands 
        Survey System

    During a period of three years from December 18, 1971, each Village 
Corporation for the villages listed in subsection (a) of this section 
shall select, in accordance with rules established by the Secretary, an 
area equal to 23,040 acres, which must include the township or townships 
in which all or part of the Native village is located, plus, to the 
extent necessary, withdrawn lands from the townships that are contiguous 
to or corner on such townships. All selections shall be contiguous 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.

(c) Tlingit-Haida settlement

    The funds appropriated by the Act of July 9, 1968 (82 Stat. 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 pursuant to the 
Act of July 13, 1970 (84 Stat. 431) [25 U.S.C. 1211], are in lieu of the 
additional acreage to be conveyed to qualified villages listed in 
section 1610 of this title.

(d) Withdrawal of lands for selection for village of Klukwan; benefits 
        under this chapter; existing entitlements; forest reserves; 
        quitclaims to Chilkat Indian Village; location, character, and 
        value of lands to be withdrawn; withdrawal and selection 
        periods; nonwithdrawal of lands selected or nominated for 
        selection by other Native Corporation or located on Admiralty 
        Island

    (1) The Secretary is authorized and directed to withdraw seventy 
thousand acres of public lands, as defined in section 1602 of this 
title, in order that the Village Corporation for the village of Klukwan 
may select twenty-three thousand and forty acres of land. Such 
Corporation and the shareholders thereof shall otherwise participate 
fully in the benefits provided by this chapter to the same extent as 
they would have participated had they not elected to acquire title to 
their former reserve as provided by section 1618(b) of this title: 
Provided, That nothing in this subsection shall affect the existing 
entitlement of any Regional Corporation to lands pursuant to section 
1613(h)(8) of this title: Provided further, That no such lands shall be 
withdrawn from an area previously withdrawn as a forest reserve without 
prior consultation with the Secretary of Agriculture: Provided further, 
That the foregoing provisions of this subsection shall not become 
effective unless and until the Village Corporation for the village of 
Klukwan shall quitclaim to Chilkat Indian Village, organized under the 
provisions of the Act of June 18, 1934 (48 Stat. 984), as amended by the 
Act of May 1, 1936 (49 Stat. 1250) [25 U.S.C. 461 et seq.], all its 
right, title, and interest in the lands of the reservation defined in 
and vested by the Act of September 2, 1957 (71 Stat. 596), which lands 
are hereby conveyed and confirmed to said Chilkat Indian Village in fee 
simple absolute, free of trust and all restrictions upon alienation, 
encumbrance, or otherwise: Provided further, That the United States and 
the Village Corporation for the village of Klukwan shall also quitclaim 
to said Chilkat Indian Village any right or interest they may have in 
and to income derived from the reservation lands defined in and vested 
by the Act of September 2, 1957, after December 18, 1971, and prior to 
January 2, 1976.
    (2) The lands withdrawn by the Secretary pursuant to paragraph (1) 
of this subsection shall be located in the southeastern Alaska region 
and shall be of similar character and comparable value, to the extent 
possible, to those of the Chilkat Valley surrounding the village of 
Klukwan. Such withdrawal shall be made within six months of October 4, 
1976, and the Village Corporation for the village of Klukwan shall 
select, within one year from the time that the withdrawal is made, and 
be conveyed, twenty-three thousand and forty acres. None of the lands 
withdrawn by the Secretary for selection by the Village Corporation for 
the village of Klukwan shall have been selected by, or be subject to an 
outstanding nomination for selection by, any other Native Corporation 
organized pursuant to this chapter, or located on Admiralty Island.

(Pub. L. 92-203, Sec. 16, Dec. 18, 1971, 85 Stat. 705; Pub. L. 94-204, 
Secs. 9, 10, Jan. 2, 1976, 89 Stat. 1150; Pub. L. 94-456, Sec. 1, Oct. 
4, 1976, 90 Stat. 1934; Pub. L. 95-178, Sec. 1, Nov. 15, 1977, 91 Stat. 
1369.)

                       References in Text

    The public land laws, referred to in subsec. (a), are classified 
generally to this title.
    The mining laws, referred to in subsec. (a), are classified 
generally to Title 30, Mineral Lands and Mining.
    The mineral leasing laws, referred to in subsec. (a), have been 
defined in sections 351, 505, 530, and 541e of Title 30 to mean acts 
Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 
437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 
Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, 
Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known 
as the Mineral Leasing Act and is classified generally to chapter 3A 
(Sec. 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified 
generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 
30. The act of Feb. 7, 1927, is classified principally to subchapter IX 
(Sec. 281 et seq.) of chapter 3A of Title 30. For complete 
classification of these Acts to the Code, see Tables.
    The Alaska Statehood Act, as amended, referred to in subsec. (a), is 
Pub. L. 85-508, July 7, 1958, 72 Stat. 239, 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 July 9, 1968 (82 Stat. 307), referred to in subsec. (c), is 
Pub. L. 90-392, July 9, 1968, 82 Stat. 307, known as the Second 
Supplemental Appropriation Act, 1968, which is not classified to the 
Code.
    The United States Court of Claims, referred to in subsec. (c), and 
the United States Court of Customs and Patent Appeals were merged 
effective Oct. 1, 1982, into a new United States Court of Appeals for 
the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which 
also created a United States Claims Court [now United States Court of 
Federal Claims] that inherited the trial jurisdiction of the Court of 
Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of 
Title 28, Judiciary and Judicial Procedure.
    Act of July 13, 1970 (84 Stat. 431), referred to in subsec. (c), is 
Pub. L. 91-335, July 13, 1970, 84 Stat. 431, which enacted section 1211 
of Title 25, Indians. For complete classification of this Act to the 
Code, see Tables.
    Act of June 18, 1934, as amended by the Act of May 1, 1936, referred 
to in subsec. (d)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, as 
amended by act May 1, 1936, ch. 254, Sec. 1, 49 Stat. 1250, popularly 
known as the Indian Reorganization Act, is classified generally to 
subchapter V (Sec. 461 et seq.) of chapter 14 of Title 25. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 461 of Title 25 and Tables.
    Act of September 2, 1957, referred to in subsec. (d)(1), is Pub. L. 
85-271, Sept. 2, 1957, 71 Stat. 596, which is not classified to the 
Code.


                               Amendments

    1977--Subsec. (b). Pub. L. 95-178 struck out provisions relating to 
allocations received by the Regional Corporation for the southeastern 
Alaska region under section 1613(h)(8) of this title and selection and 
conveyance of such allocated lands.
    1976--Subsec. (a). Pub. L. 94-456, Sec. 1(a), struck out ``Klukwan, 
Southeast.'' from list of villages.
    Subsec. (b). Pub. L. 94-204, Sec. 10, inserted provisions relating 
to the selection and conveyance of such allocation as the Regional 
Corporation for the southeastern Alaska region shall receive.
    Subsec. (d). Pub. L. 94-456, Sec. 1(b), designated existing 
provisions as par. (1), substituting provision relating to authorization 
and direction of Secretary to withdraw lands in order that the Village 
Corporation may select twenty-three thousand and forty acres for 
provision that the lands enclosing and surrounding the village which 
were withdrawn by subsec. (a) are rewithdrawn to the same extent and for 
the same purposes as provided by said subsec. (a) for one year from 
January 2, 1976, during which the Village Corporation shall select an 
area equal to twenty-three thousand and forty acres in accordance with 
subsec. (b) and inserting proviso against withdrawal of such lands from 
an area previously withdrawn as a forest reserve without prior 
consultation with the Secretary of Agriculture, and added par. (2).
    Pub. L. 94-204, Sec. 9, added subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 1602, 1611, 1613, 1621, 1641 
of this title.
