
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC1617]

 
                         TITLE 43--PUBLIC LANDS
 
               CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
 
Sec. 1617. Indian allotment authority in Alaska; revocation; 
        charging allotments on pending application against statutory 
        acreage grant; relocation of allotment
        

(a) Revocation of authority

    No Native covered by the provisions of this chapter, and no 
descendant of his, may hereafter avail himself of an allotment under the 
provisions of the Act of February 8, 1887 (24 Stat. 389), as amended and 
supplemented, or the Act of June 25, 1910 (36 Stat. 363). Further, the 
Act of May 17, 1906 (34 Stat. 197), as amended, is repealed. 
Notwithstanding the foregoing provisions of this section, any 
application for an allotment that is pending before the Department of 
the Interior on December 18, 1971, may, at the option of the Native 
applicant, be approved and a patent issued in accordance with said 1887, 
1910, or 1906 Act, as the case may be, in which event the Native shall 
not be eligible for a patent under section 1613(h)(5) of this title.

(b) Charging allotment against statutory grant

    Any allotments approved pursuant to this section during the four 
years following December 18, 1971, shall be charged against the two 
million acre grant provided for in section 1613(h) of this title.

(c) Relocation of allotment

    (1)(A) Notwithstanding any other provision of law, an allotment 
applicant, who had a valid application pending before the Department of 
the Interior on December 18, 1971, and whose application remains pending 
as of October 14, 1992, may amend the land description in the 
application of the applicant (with the advice and approval of the 
responsible officer of the Bureau of Indian Affairs) to describe land 
other than the land that the applicant originally intended to claim if--
        (i) the application pending before the Department, either 
    describes land selected by, tentatively approved to, or patented to 
    the State of Alaska or otherwise conflicts with an interest in land 
    granted to the State of Alaska by the United States prior to the 
    filing of the allotment application;
        (ii) the amended land description describes land selected by, 
    tentatively approved to, or patented to the State of Alaska of 
    approximately equal acreage in substitution for the land described 
    in the original application; and
        (iii) the Commissioner of the Department of Natural Resources 
    for the State of Alaska, acting under the authority of State law, 
    has agreed to reconvey or relinquish to the United States the land, 
    or interest in land, described in the amended application.

    (B) If an application pending before the Department of the Interior 
as described in subparagraph (A) describes land selected by, but not 
tentatively approved to or patented to, the State of Alaska, the 
concurrence of the Secretary of the Interior shall be required in order 
for an application to proceed under this section.
    (2)(A) The Secretary shall accept reconveyance or relinquishment 
from the State of Alaska of the land described in an amended application 
pursuant to paragraph (1)(A), except where the land described in the 
amended application is State-owned land within the boundaries of a 
conservation system unit as defined in the Alaska National Interest 
Lands Conservation Act. Upon acceptance, the Secretary shall issue a 
Native Allotment certificate to the applicant for the land reconveyed or 
relinquished by the State of Alaska to the United States.
    (B) The Secretary shall adjust the computation of the acreage 
charged against the land entitlement of the State of Alaska to ensure 
that this subsection will not cause the State to receive either more or 
less than its full land entitlement under section 6 of the Act entitled 
``An Act to provide for the admission of the State of Alaska into the 
Union'', approved July 7, 1958 (commonly referred to as the ``Alaska 
Statehood Act''), and section 906 of the Alaska National Interest Lands 
Conservation Act (43 U.S.C. 1635). If the State retains any part of the 
fee estate, the State shall remain charged with the acreage.

(Pub. L. 92-203, Sec. 18, Dec. 18, 1971, 85 Stat. 710; Pub. L. 102-415, 
Sec. 3, Oct. 14, 1992, 106 Stat. 2112.)

                       References in Text

    Act of February 8, 1887 (24 Stat. 389), referred to in subsec. (a), 
is popularly known as the Indian General Allotment Act. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 331 of Title 25, Indians, and Tables.
    Act of June 25, 1910 (36 Stat. 363), referred to in subsec. (a), 
probably means act June 25, 1910, ch. 431, 36 Stat. 855, which enacted 
section 148 of this title, sections 104 and 107 of former Title 18, 
Criminal Code and Criminal Procedure, sections 47, 93, 151, 191, 202, 
312, 331, 333, 336, 337, 344a, 351, 352, 353, 372, 373, 403, 406, 407, 
408 of Title 25, sections 6a-1 and 16a of Title 41, Public Contracts. 
Sections 104 and 107 of former Title 18 were repealed in the general 
revision of that title by act June 25, 1948, ch. 645, 62 Stat. 683, and 
were reenacted as sections 1853 and 1856 of Title 18, Crimes and 
Criminal Procedure. For complete classification of this Act to the Code, 
see Tables.
    Act of May 17, 1906 (34 Stat. 197), as amended, referred to in 
subsec. (a), is act May 17, 1906, ch. 2469, 34 Stat. 197, which enacted 
sections 270-1, 270-2, and 270-3 of this title, and was repealed by Pub. 
L. 92-203, Sec. 18(a), Dec. 18, 1971, 85 Stat. 710. For complete 
classification of this Act to the Code, see Tables.
    The Alaska National Interest Lands Conservation Act, referred to in 
subsec. (c)(2)(A), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as 
amended. For complete classification of this Act to the Code, see Short 
Title note set out under section 3101 of Title 16, Conservation, and 
Tables.
    Section 6 of the Act entitled ``An Act to provide for the admission 
of the State of Alaska into the Union'', approved July 7, 1958 (commonly 
referred to as the ``Alaska Statehood Act''), referred to in subsec. 
(c)(2)(B), is section 6 of 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.


                               Amendments

    1992--Subsec. (c). Pub. L. 102-415 added subsec. (c).

                  Section Referred to in Other Sections

    This section is referred to in section 1613 of this title.
