Purpose:
To provide for the settlement of certain land claims of Alaska Natives, and for
other purposes. Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be cited as
the "Alaska Native Claims Settlement Act." See ANCSA index.
DECLARATION OF POLICY
SEC. 2. Congress finds and declares that --
(a) there is an immediate need for a fair and just settlement of all claims
by Natives and Native groups of Alaska, based on aboriginal land claims;
(b) the settlement should be accomplished rapidly, with certainty, in conformity
with the real economic and social needs Natives, without litigation, with maximum
participation by Natives in decisions affecting their rights and property, without
establishing any permanent racially defined institutions, rights, privileges
or obligation., without creating a reservation system or lengthy wardship or
truteeship, and without adding to the categories of property and institutions
enjoying special tax privileges or to the legislation establishing special relationships
between the United States Government and the State of Alaska;
(c)no provision of this Act shall replace or diminish any right, privilege, or
obligation of Native. as citizens of the United States or of Alaska, or relieve,
replace, or diminish any obligation of the United States or of the State of Alaska to protect and promote the right. or welfare
of Natives. as citizens of the United States or of Alaska; the Secretary is authorized
and directed, together with other appropriate agencies of the United States Government,
to make a study of all Federal programs primarily designed to benefit Native
people and to report back to the Congress vith his recommendations for the future
management and operation of these programs within three years of the date of
enactment of this Act;
(d) no provision of this Act shall constitute a precedent for reopening, renegotiating,
or legislating upon any past settlement involving land claims or other matters
with any Native organizations, or any tribe, band, or identifiable group of American
Indians;
(e) no provision of this Act shall effect a change or changes in the petroleum
reserve policy reflected in sections 7421 through 7438 of title 10 of the United
States Code except as specifically provided in this Act;no provision of this
Act shall be construed to constitute a jurisdictional act, to confer jurisdiction
to sue, or to grant implied consent to Natives to sue the United States or any
of its officers with respect to the claims extinguished by the operation of this
Act; and
(g) no provision of this Act shall be construed to terminate or otherwise curtail
the activities of the Economic Development Administration or other Federal agencies
conducting loan or loan and grant programs in Alaska. For this purpose only,
the terms "Indian reservations and "trust or restricted Indian owned land areas" in
Public Law 89-136, the Public Works and Economic Development Act of 1965, as
amended, shall be interpreted to include lands granted to Natives under this
Act as long as such lands remain in the ownership of the Native villages or the
Regional Corporations.
ANCSA index
DEFINITIONS
SEC. 3. For the purpose of this Act, the term-
(a) "Secretary" means the Secretary of the Interior;
(b) "Native" means a citizen of the United States vho is a person of one-fourth
degree or more Alaska Indian (including Tsimshian Indians not enrolled in the
Metlakatla Indian Community) Eskimo, or Aleut blood, or combination thereof.
The term includes any Native as so defined either or both of whose adoptive parents
are not Natives. It also includes, in the absence of proof of a minimum blood
quantum, any citizen of the United States who is regarded as an Alaska Native
by the Native village or Native group of which he claims to be a member and whose
father or mother is (or deceased, was) regarded Native by any village or group.
Any decision of the Secretary egarding eligibility for enrollment shall be final;
(c) "Native village" means any tribe, band, clan, Village, community, or association
in Alaska listed in section 1 1 and 16 of this Act, or which meet, the requirement,
of this Act, and which the Secretary determines was, on the 1970 census enumeration
date (as shown by the census or other evidence satisfactory to the Secretary,
who ,hall make finding. of fact in each instance), composed of twenty-five or
more Natives;
(d) "Native group" means any tribe, band, clan, village, community, or village
sociation of Natives in Alaska composed of less than twentyfive Natives, who
comprise a majority of the residents of the locality;
(e) "Public lands" means all Federal lands and interests therein located in Alaska
except: (1) the smallest practicable tract, a. determined by the Secretary, enclosing
land actually used in connection with the administration of any Federal installation,
and (2) land selections of the State of Alaska which have been patented or tentatively
approved under section 6 (g) of the Alaska Statehood Act, . amended (72 Stat.
341, 77 Stat. 223), or identified for electio. by the State prior to Ja.uary
17, 1969;
(f) "State" means the State of Alaska;
(g) "Regional Corporation" means an Alaska Native Regional Corporation established
under the laws of the State of Alaska in accordance with the provisions of this
Act;
(h) "Person" means any individual, firm,coporation, association, or partnership;
(i) "Municipal Corporation" means any general unit of municipal government under
the laws of the State of Alaska;
(j) "Village Corporation" means an Alaska Native Village Corporation organized
under the laws of the State of Alaska as a business for pro, fit or nonprofit
corporation to hold, invest, manage and/or distribute land., property, funds,
and other rights and assets for and on behalf of a Native village in accordance
with the terms of this Act.
(k) "Fund" means the Alaska Native Fund in the Treasury of the United States
established by section 6; and
(l) "Planning Commission" means the Joint Federal,State Land Use Planning Commission
established by section 17.
ANCSA index
DECLARATION OF SETTLEMENT
SEC.
4.
(a) All prior conveyance of public land and water areas in Alaska, or any
interest therein, pursuant to Federal law, and all tentative approvals pursuant
to section 6 (g) of the Alaska Statehood Act, shall be regarded as an extinguishment
of the aboriginal title thereto, if any.
(b) All aboriginal titles, if any, and claims of aboriginal title in Alaska based
on use and occupancy, including submerged land underneath all water areas, both
inland and offshore, and in, cluding any aboriginal hunting or fishing rights
that may exist, are hereby extinguished
(c) All claims against the United States, the State, and all other persons that
are based on claims of aboriginal right, title, use or occupancy of land or water
areas in Alaska, or that are based on any statute or treaty of the United States
relating to Native use and occupancy, or that are based on the laws of any other
nation, including any such claims that are pending before any Federal or state
court or the Indian Claims Commission, are hereby extinguished
ANCSA index
ENROLLMENT
SEC.
5.
(a) The Secretary shall prepare within two years from the date of enactment
of this Act a roll of all Natives who were born on or before, and are living
on, the date of enactment of this Act. Any decision of the Secretary regarding
eligibility for enrollment shall be final.
(b) The roll prepared by the Secretary shall show for each Native, among other
things, the region and the village or other place in which he resided on the
date of the 1970 census enumeration, and he shall be enrolled according to such
residence. Except as provided in subsection (c), a Native eligible for enrollment
who is not, when the roll is prepared, a permanent resident of one of the twelve
regions established pursuant to subsection 7 (a) shall be enrolled by the Secretary
in one of the twelve regions, giving priority in the following order to-
(1) the region where the Native resided on the 1970 census date if he had resided
there without substantial interruption for two or more years;
(2) the region where the Native previously resided for an aggregate of ten years
or more;
(3) the region where the Native was born; and
(4) the region from which an ancestor of the Native came; the Secretary may enroll
a Native in a different region when necessary to avoid enrolling members of the
same family in different regions or otherwise avoid hardship.
(c) A Native eligible for enrollment who is eighteen years of age or older and
is not a permanent resident of one of the twelve regions may, on the date he
files an application for enroll, ment, elect to be enrolled in a thirteenth region
for Natives who are nonresidents of Alaska, if such region is established pursuant
to subsection 7 (c). If such region is not established, he shall be enrolled
as provided in subsection (b). His election shall apply to all dependent members
of his household who are less than eighteen years of age, but shall not affect
the enrollment of anyone else.
ANCSA index
ALASKA NATIVE FUND
SEC.
6.
(a) There is hereby established in the United States Treasury
an Alaska Native Fund into which the following moneys shall be deposited:
(1) $462,5000,000 from the general fund of the Treasury, which are authorized
to be appropriated according to the following schedule:
(A) $12,500,000 during the fiscal year in which this Act becomes effective;
(B) $50,000,000 during the second fiscal year;
(C) $70,000,000 during each of the third, fourth, and fifth fiscal year;
(D) $40,000,000 during the sixth fiscal year; and
(E) $30,000,000 during each of the next five fiscal years.
(2) Four percent interest per annum, which is authorized to be appropriated,
on any amount authorized to be appropriated by this paragraph that is not appropriated
within six months after the fiscal year in which payable.
(3) $5000,000,000 pursuant to the revenue sharing provisions of section 9.(b)
None of the funds paid or distributed pursuant to this section to any of the
Regional and Village Corporations established pursuant to this Act shall be expended,
donated, or otherwise used for the purpose of carrying on propaganda, or intervening
in (including the publishing and distributing of statements) any political campaign
on behalf of any candidate for public office.Any person who willfully violates
the foregoing provision shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than $1,000 or imprisoned not more than twelve
months, or both.
(c) After completion of the roll prepared pursuant to section 5, all money in
the Fund, except money reserved as provided in section 20 for the payment of
attorney and other fees, shall be distributed at the end of each three months
of the fiscal year among the Regional Corporations organized pursuant to section
7 on the basis of the relative numbers of natives enrolled in each region. The
share of a Regional Corporation that has not been organized shall be retained
in the Fund until the Regional Corporation is organized.
ANCSA index
REGIONAL CORPORATIONS
SEC. 7.
(a) For purposes of this Act, the State of Alaska shall be divided
by the Secretary within one year after the date of enactment at this Act into
twelve geographic regions, with each region composed as far as practicable of
Natives having a common heritage and sharing common interests. In the absence
of good cause shown to the contrary, such regions shall approximate the areas
covered by the operations of the following existing Native associations:
(1) Arctic Slope Native Association (Barrow, Point Hope
(2) Bering Straits Association (Seward Peninsula, Unalakleet, Saint Lawrence
Island);
(3) Northwest Alaska Native Association (Kotzebue);
(4) Association of Village Council Presidents (southwest coast, all villages
in the Bethel area, including all villages on the Lower Yukon River and the Lower
Kuskokwim River);
(5) Tanana Chiefs' Conference (Koyukuk, Middle and Upper Yukon Rivers, Upper
Kuskokwim, Tanana River);
(6) Cook Inlet Association (Kenai, Tyonek, Eklutna, Iliamna)
(7) Bristol Bay Native Association Dillingham, Upper Alaska Peninsula);
(8) Aleut League (Aleutian Islands, Pribilof Islands and that part of the Alaska
Peninsula which is in the Aleut League);
(9) Chugach Native Association (Cordova, Tatitiek, Port Graham, English Bay,
Valdez, and Seward);
(10) Tlingit-Haida Central Council (southeastern Alaska, including Metlakatla);
Metlakatla);
(11) Kodiak Area Native Association (all villages on and around Kodiak Island);
and
(12) Copper River Native Association (Copper Center, Glennallen, Chitina, Mentasta).
Any dispute over the boundaries of a region or regions shall be resolved by a
board of arbitrators consisting of one person selected by each of the Native
associations involved, and an additional one or two persons, whichever is needed
to make an odd number of arbitrators, such additional person or persons to be
selected by the arbitrators selected by the Native associations involved.
(b) The Secretary may, on request made within one year of the date of enactment
of this
Act, by representative and responsible leaders of the Native associations listed
in subsection (a), merge two or more of the twelve regions: Provided, That the
twelve regions may not be reduced to less than seven, and there may be no fewer
than seven Regional Corporations.
(c) If a majority of all eligible Natives eighteen years of age or older who
are not permanent residents of Alaska elect, pursuant to subsection 5 (c), to
be enrolled in a thirteenth region for Natives who are non-residents of Alaska,
the Secretary shall establish such a region for the benefit of the Natives who
elected to be enrolled therein, and they may establish a Regional Cor, poration
pursuant to this Act.
(d) Five incorporators within each named by the Native association in the region,
shall incorporate under the laws of Alaska a Regional Corporation to conduct
business for profit, which shall be eligible for the benefits of this Act so
long as it is organized and functions in accordance with this Act. The articles
of incorporation shall include provisions necessary to carry out the terms of
this Act.
(e) The original articles of incorporation and bylaws shall be approved by the
Secretary before they are filed, and they shall be submitted for approval within
eighteen months after the date of enactment of this Act. The articles of incorporation
may not be amended during the Regional Corporation's first five years without
the approval of the Secretary. The Secretary may withhold approval under this
section if in his judgment inequities among Native individuals or groups of Native
individuals would be created.
(f) The management of the Regional Corporation shall be vested in a board of
directors, all of whom, with the exception of the initial board, shall be stockholders
over the age of eighteen. The number, terms, and method of election of members
of the board of directors shall be fixed in the articles of incorporation or
bylaws of the Regional Corporation.
(g) The Regional Corporation shall be authorized to issue such number of shares
of com-, mon stock, divided into such classes of shares as may be specified in
the articles of incorporation to reflect the provisions of this Act, as may be
needed to issue one hundred shares of stock to each Native enrolled in the region
pursuant to section 5.
(h) (1) Except as otherwise provided in paragraph (2) of this subsection, stock
issued pursuant to subsection (g) shall carry a right to vote in elections for
the board of directors and on such other questions as properly may be presented
to stockholders, shall permit the holder to receive dividends or other distributions
from the Regional Corporation, and shall vest in the holder all rights of a stockholder
in a business corporation organized under the laws of the State of Alaska, except
that for a period of twenty years after the date of enactment of this Act the
stock, inchoate rights thereto, and any dividends paid or distributions made
with respect thereto, may not be sold, pledged, subjected to a hen or judgment
execution, assigned in present or future, or otherwise alienated: Provided, That
such limitation shall not apply to transfers of stock pursuant to a court decree
of separation, divorce or child support.
(2) Upon the death of any stockholder, ownership of such stock shall be transferred
in accordance with his last will and testament or under the applicable laws of
intestacy, except that (A) during the twenty-year period after the date of enactment
of this Act such stock shall carry voting rights only if the holder thereof through
inheritance also is a Native, and (B), in the event the deceased stockholder
fails to dispose of his stock by will and has no heirs under the applicable laws
of intestacy, such stock shall escheat to the Regional Corporation.
(3) On January 1 of the twenty-first year after the year in which this Act is
enacted, all
the Regional Corporation among all twelve Regional Corporations organized pursuant
to this section according to the number of Natives enrolled in each region pursuant
to section 5. The provisions of this subsection shall not apply to the Thirteenth
Regional Corporation if organization pursuant to subsection (c) hereof.
(j) During the five years following the enactment of this Act, not less than
10% of all corporate funds received by each of the twelve Regional Corporations
under section 6 (Alaska Native Fund), and under subsection (i) (revenues from
the timber resources and subsurface estate patented to it pursuant to this Act),
and all other net income, shall be distributed among the stockholders of the
twelve Regional Corporations. Not less than 45% of funds from such sources during
the first five-year period, and 50% thereafter, shall be distributed among the
Village Corporations in the region and the class of stockholders who are not
residents of those villages, as provided in subsection to it. In the case of
the thirteenth Regional Corporation, if organized, not less than 50% of all corporate
funds received under section 6 shall be distributed to the stockholders.
(k) Funds distrbuted among the Village Corporations shall be divided among them
according to the ratio that the number of shares of stock registered on the books
of the Regional Corpora- tion in the names of residents of each village bears
to the number of shares of stock registered in the names of residents in all
villages.
(1) Funds distributed to a Village Corporation may be withheld until the village
has submitted a plan for the use of the money that is satisfactory to the Regional
Corporation. The Regional Corporation may require a village plan to provide for
joint ventures with other villages, and for joint financing of projects undertaken
by the Regional Corporation that will benefit the region generally. In the event
of disagreement over the provisions of the plan, the issues in disagreement shall
be submitted to arbitration, as shall be provided for in the articles of incorporation
of the Regional Corporation.
(m) When funds are distributed among Village Corporations in a region, an amount
computed as follows shall be distributed as dividends to the class of stockholders
who are not residents of those villages: The amount distributed as dividends
shall bear the same ratio to the amount distributed among the Village Corporations
that the number of shares of stock registered on the books of the Regional Corporation
in the names of nonresidents of villages bears to the number of shares of stock
registered in the names of village residents: Provided, That an equitable portion
of the amount distributed as dividends may be withheld and combined with Village
Corporation funds to finance projects that will benefit the region generally.
(n) The Regional Corporation may undertake on behalf of one or more of the Village
Corporations in the region any project authorized and financed by them.
(o) The accounts of the Regional Corporation shall be audited annually in accordance
with generally accepted auditing standards by in, dependent certified public
accountants or in, dependent licensed public accountants, certified or licensed
by a regulatory authority of the State or the United States. The audits shall
be conducted at the place or places where the accounts of the Regional Corporation
are normally kept. All books, accounts, financial records, reports, files, and
other papers, things, or property belonging to or in use by the Regional Corpora,
tion and necessary to facilitate the audits shall be available to the person
or persons conducting the audits; and full facilities for verifying transactions
with the balances or securities held by depositories, fiscal agent, and custodians
shall be afforded to such person or persons. Each audit report or a fair and
reasonably detailed summary thereof shall be transmitted to each stockholder,
to the Secretary of the Interior and to the Committees on Interior and insular
Affairs of the Senate and the House of Representatives.(p) In the event of any
conflict between the provisions of this section and the laws of the State of
Alaska, the provisions of this section shall prevail.
(q) Two or more Regional Corporations may contract with the same business management
group for investment services and advice regarding the investment of corporate
funds.
ANCSA index
VILLAGE CORPORATIONS
SEC.
8.
(a) The Native residents of each Native village entitled to receive lands
and benefits under this Act shall organize as a business for profit or nonprofit
corporation under the laws of the State before the Native village may receive
patent to lands or benefits under this Act, except as otherwise provided.
(b) The initial articles of incorporation for each Village Corporation shall
be subject to the approval of the Regional Corporation for the region in which
the village is located. Amendments to the articles of incorporation and the annual
budgets of the Village Corporations shall, for a period of five years, be subject
to review and approval by the Regional Corporation. The Regional Corporation'
shall assist and advise Native villages in the preparation of articles of in,
corporation and other documents necessary to meet the requirements of this subsection.
(c) The provisions concerning stock alienation, annual audit, and transfer
of stock owner ship on death or by court decree provided for Regional Corporations
in section 7 shall apply to Village Corporations except that audits need not
be transmitted to the Committees on Interior and Insular Affairs of the Senate
and the House of Representatives.
ANCSA index
REVENUE SHARING
SEC.
9.
(a) The provisions of this section shall apply to all minerals
that are subject to disposition under the Mineral Leasing Act of 1920, as amended
and supplemented.
(b) With respect to conditional leases and sales of minerals heretofore or hereafter
made pursuant to section 6 (g) of the Alaska Statehood Act, and with respect
to mineral leases of the United States that are or may be subsumed by the State
under section 6 (h) of the Alaska Statehood Act, until such time as the provisions
of subsection (c) become operative the State shall pay into the Alaska Native
Fund from the royalties, rentals, and bonuses hereafter received by the State
(1) a royalty of 2 per centum upon the gross value (as such gross value is determined
for royalty purposes under such leases or sales) of such minerals produced or
removed from such lands, and (2) 2 per centum of all rentals and bonuses under
such leases or sales, excluding bonuses received by the State at the September
1969 sale of minerals from tentatively approved lands and excluding rentals received
pursuant to such sale before the date of enactment of this Act. Such payment
shall be made within sixty days from the date the revenues are received by the
State.
(c) Each patent hereafter issued to the State under the Alaska Statehood Act,
including a patent of lands heretofore selected and tentatively approved, shall
reserve for the benefit of the Natives, and for payment into the Alaska Native
Fund, (1) a royalty of 2 per centum upon the gross value (as such gross value
is determined for royalty purposes under any disposition by the State) of the
minerals thereafter produced or removed from such lands, and (2) 2 per centum
of all revenues thereafter derived by the State from rentals and bonuses from
the disposition of such minerals.
(d) All bonuses, rentals, and royalties received by the United States after the
date of enactment of this Act from the disposition by it of such minerals in
public lands in Alaska shall be distributed as provided in the Alaska Statehood
Act, except that prior to calculating the shares of the State and the United
States as set forth in such Act, (1) a royalty of 2 per centum upon the gross
value of such minerals produced (as such gross value is determined for royalty
purposes under the sale or lease), and (2) 2 per centum of all rentals and bonuses
shall be deducted and paid into the Alaska Native Fund. The respective shares
of the State and the United States shall be calculated on the remaining balance.
(e) The provisions of this section shall be enforceable by the United States
for the benefit of the Natives, and in the event of default by the State in making
the payments required, in addition to any other remedies provided by law, there
shall be deducted annually by the Secretary of the Treasury from any grant-in-aid
or from any other sums payable to the State under any provision of Federal law
an amount equal to any such underpayment, which amount shall be deposited in
the Fund.
(f) Revenues received by the United States or the State as compensation for estimated
drainage of oil or gas shall, for the purposes of this section, be regarded as
revenues from the disposition of oil and gas. In the event the United States
or the State elects to take royalties in kind, there shall be paid into the Fund
on account thereof an amount equal to the royalties that would have been paid
into the Fund under the provisions of this section had the royalty been taken
in cash.
(g) The payments required by this section shall continue only until $500,000,000
have been paid into the Alaska Native Fund. Thereafter the provisions of this
section shall not apply, and the reservation required in patents under this section
shall be of no further force and effect.
(h) When computing the final payment in the Fund the respective shares of the
United States and the State with respect to payments to the Fund required by
this section shall be determine ed pursuant to this subsection and in the following
order:
(i) first, from sources identified under subsections (b) and (c) hereof; and
(2) then, from sources identified under subsection (d) hereof (i) The provisions
of this section do not apply to mineral revenues received from the Outer Continental
Shelf.
ANCSA index
STATUTE OF LIMITATIONS
SEC.
10.
(a) Notwithstanding any other pro, vision of law, any civil action
to contest the authority of the United States to legislate on the subject matter
or the legality of the Act shall be barred unless the complaint is filed within
one year of the date of enactment of this Act, and no such action shall be entertained
unless it is com menced by a duly authorized official of the State. Exclusive
jurisdiction over such action is hereby vested in the United States District
Court for the District of Alaska. The purpose of this limitation on suits is
to insure that, after the expiration of a reasonable period of time, the right,
title, and interest of the United States, the Natives, and the State of Alaska
will vest with certainty and finality and may be relied upon by all other persons
in their relations with the State, the Natives, and the United States.
(b) In the event that the State initiates litigation or voluntarily becomes
a party to litigation to contest the authority of the United States to legislate
on the subject matter or the legality of this Act, all rights of land selection
granted to the State by the Alaska Statehood Act shall be suspended as to any
public lands which are determined by the Secretary to be potentially valuable
for mineral development, timber, or other commercial purposes, and no selections
shall be made, no tentative approvals shall be granted, and no patents shall
be issued for such lands during the pendency of such litigation. In the event
of such suspension, the State's right of land selection pursuant to section 6
of the Alaska Statehood Act shall be extended for a period of time equal to the
period of time the selction right was suspended.
ANCSA index
WITHDRAWAL OF PUBLIC LANDS
SEC. 1 1.
(a) (1) The following public lands are 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:
(A) The lands in each township that encloses all or part of any Native village
identified persuant to subsection (b);
(B) The lands in each township that is contiguous to or corners on the township
that encloses all or part of such Native village; and
(C) The lands in each township that is contiguous to or corners on a township
containing lands withdrawn by paragraph (B) of this subsection.
The following lands are excepted from such withdrawal: lands
in the National Park System and lands withdrawn or reserved for national defense
purposes other than Naval Petroleum Reserve Numbered 4.
(2) All lands located within the townships described in subsection (a) (1) hereof
that have been selected by, or tentatively approved to, but not yet patented
to, the State under the Alaska Statehood Act are 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 the creation of third
party interests by the State under the Alaska Statehood Act.
(3) (A) If the Secretary determines that the lands withdrawn by subsections (a)
(1) and (2) hereof are insufficient to permit a Village or Regional Corporation
to select the acreage it is entitled to select, the Secretary shall withdraw
three times the deficiency from the nearest unreserved, vacant and unappropriated
public lands. In making this withdrawal the Secretary shall, insofar as possible,
withdraw public lands of a character similar to those on which the village is
located and in order of their proximity to the center of the Native village:
Provided, That if the Secretary, pursuant to section 17, and 22 (e) determines
there is a need to expand the boundaries of a National Wildlife Refuge to replace
any acreage selected in the Wildlife Refuge System by the Village Corporation
the withdrawal under this section shall not include lands in the Refuge.
(B) The Secretary shall make the withdrawal provided for in subsection (3) (A)
hereof on the basis of the best available information within sixty days of the
date of enactment of this Act, or as soon thereafter as practicable.
(b) (1) The Native villages subject to this Act are as follows:
NAME OF PLACE AND REGION
- Afognak, Afognak Island.
- Akhiok, Kodiak.
- Akiachak, Southwest Coastal Lowland.
- Akiak, Southwest Coastal Lowland.
- Akutan, Aleutian
- Alakanuk, Southwest Coastal Lowland.
- Alatna, Koyukuk,Lower Yukon.
- Aleknagik, Bristol Bay.
- Allakaket, Koyukuk,Lower Yukon.
- Ambler, Bering Strait.
- Anaktuvuk Pass, Arctic Slope.
- Andreafsey, Southwest Coastal Lowland.
- Aniak, Southwest Coastal Lowland.
- Anvik, Koyukuk,Lower Yukon.
- Arctic Village, Upper Yukon,Porcupine.
- Atka, Aleutian.
- Atkasook, Arctic Slope.
- Atmautluak, Southwest Coastal Lowland.
- Barrow, Arctic Slope.
- Beaver, Upper Yukon, Porcupine.
- Belkofsky, Aleutian
- Bethel, Southwest Coastal Lowland.
- Bill Moore's, Southwest Coastal Lowland.
- Biorka, Aleutian
- Birch Creek, Upper Yukon,Porcupine.
- Brevig Mission, Bering Strait.
- Buckland, Bering Strait.
- Candle, Bering Strait.
- Cantwell, Tanana.
- Canyon Village, Upper Yukon,Porcupine.
- Chalkyitsik, Upper Yukon-Porcupine.
- Chanilut, Southwest Coastal Lowland.
- Cherfornak, Southwest Coastal Lowland.
- Chevak, Southwest Coastal Lowland.
- Chignik, Kodiak.
- Chignik Lagoon, Kodiak.
- Chignik Lake, Kodiak.
- Chistochina, Copper River.
- Chitina, Copper River.
- Chukwuktoligamute, Southwest Coastal Lowland.
- Circle, Upper Yukon,Porcupine.
- Clark's Point, Bristol Bay.
- Copper Center, Copper River.
- Crooked Creek, Upper Kuskokwim.
- Deering, Bering Strait.
- Dillingham, Bristol Bay.
- Dot Lake, Tanana.
- Eagle, Upper Yukon,Porcupine.
- Eek, Southwest Coastal Lowland.
- Egegik, Bristol Bay.
- Eklutna, Cook Inlet
- Ekuk, Bristol Bay.
- Ekwok, Bristol Bay.
- Elim, Bering Strait.
- Emmonak, Southwest Coastal Lowland.
- English Bay, Cook Inlet
- False Pass, Aleutian
- Fort Yukon, Upper Yukon-Porcupine.
- Gakona, Copper River.
- Galena, Koyukuk,Lower Yukon.
- Gambell, Bering Sea.
- Georgetown, Upper Kuskokwim.
- Golovin, Bering Strait.
- Goodnews Bay, Southwest Coastal Lowland.
- Grayling, Koyukuk,Lower Yukon.
- Gulkana, Copper River.
- Hamilton, Southwest Coastal Lowland.
- Holy Cross, Koyukuk,Lower Yukon.
- Hooper Bay, Southwest Coastal Lowland.
- Hughes, Koyukuk,Lower Yukon.
- Huslia, Koyukuk,Lower Yukon.
- Igiugig, Bristol Bay.
- Iliamna, Cook Inlet
- Inalik, Bering Strait.
- Ivanof Bay, Aleutian
- Kaguyak, Kodiak.
- Kaktovik, Arctic Slope.
- Kalskag, Southwest Coastal Lowland.
- Kaltag, Koyukuk,Lower Yukon.
- Karluk, Kodiak.
- Kasigluk, Southwest Coastal Lowland.
- Kiana, Bering Strait.
- King Cove, Aleutian
- Kipnuk, Southeast Coastal Lowland.
- Kivalina, Bering Strait.
- Kobuk, Bering Strait.
- Kokhanok, Bristol Bay.
- Koliganek, Bristol Bay.
- Kongiganak, Southwest Coastal Lowland.
- Kotlik, Southwest Coastal Lowland.
- Kotzebue, Bering Strait.
- Koyuk, Bristol Bay.
- Koyukuk, Koyukuk-Lower Yukon.
- Kwethluk, Southwest Coastal Lowland.
- Kwigillingok, Southwest Coastal Lowland.
- Larsen Bay, Kodiak.
- Levelock, Bristol Bay.
- Lime Village, Upper Kuskokwim.
- Lower Kalskag, Southwest Coastal Lowland
- McGrath, Upper Kuskokwim.
- Makok, Koyukuk,Lower Yukon.
- Manley Hot Springs, Tanana.
- Manokotak, Bristol Bay.
- Marshall, Southwest Coastal Lowland.
- Mary's Igloo, Bering Strait.
- Medfra, Upper Kuskokwim.
- Mekoryuk, Southwest Coastal Lowland.
- Mentasta Lake, Copper River.
- Minchumina Lake, Upper Kuskokwim.
- Minto, Tanana.
- Mountain Village, Southwest Coastal Lowland
- Nabesna Village, Tanana.
- Naknek, Bristol Bay.
- Napaimute, Upper Kuskokwim.
- Napakiak, Southwest Coastal Lowland.
- Napaskiak, Southwest Coastal Lowland.
- Nelson Lagoon, Aleutian
- Nenana, Tanana.
- Newhalen, Cook Inlet
- New Stuyahok, Bristol Bay.
- Newtok, Southwest Coastal Lowland.
- Nightmute, Southwest Coastal Lowland.
- Nikolai, Upper Kuskokwim.
- Nikolski, Aleutian
- Ninilchik, Cook Inlet
- Noatak, Bering Strait.
- Nome, Bering Strait.
- Nondalton, Cook Inlet
- Nooiksut, Arctic Slope.
- Noorvik, Bering Strait.
- Northeast Cape, Bering Strait.
- Northway, Tanana.
- Nulato, Koyukuk,Lower Yukon.
- Nunapitchuk, Southwest Coastal Lowland.
- Pilot Station, Southwest Coastal Lowland. Pitkas Point, Southwest Coastal
Lowland. Platinum, Southwest Coastal Lowland.
- Point Hope, Arctic Slope.
- Point Lay, Arctic Slope.
- Portage Creek (Ohgsenakale), Bristol Bay.
- Port Graham, Cook Inlet
- Port Heiden (Meshick), Aleutian Port Lions, Kodiak.
- Quinhagak, Southwest Coastal Lowland.
- Rampart, Upper Kuskokwim.
- Red Devil, Upper Kuskokwim.
- Ruby, Koyukuk-Lower Yukon.
- Russian Mission or Chauthalue (Kuskokwim), Upper Kuskokwim.
- Russian Mission (Yukon), Southwest Coastal Lowland.
- St. George, Aleutian
- St. Mary's, Southwest Coastal Lowland. St. Michael, Bering Strait.
- St. Paul, Aleutian
- Salamatof, Cook Inlet
- Sand Point, Aleutian
- Savonoski, Bristol Bay.
- Savoonga, Bering Strait.
- Scammon Bay, Southwest Coastal Lowland. Selawik, Bering Strait.
- Seldovia, Cook Inlet.
- Shageluk, Koyukuk-Lower Yukon.
- Shaktoolik, Bering Strait.
- Sheldon's Point, Southwest Coastal Lowland. Shishmaref, Bering Strait.
- Shungnak, Bering Strait.
- Slana, Copper River.
- Sleetmute, Upper Kuskokwim.
- South Naknek, Bristol Bay.
- Squaw Harbor, Aleutian
- Stebbins, Bering Strait.
- Stevens Village, Upper Yukon,Porcupine.
- Stony River, Upper Kuskokwim.
- Takotna, Upper Kuskokwim.
- Tanacross, Tanana.
- Tanana, Koyukuk,Lower Yukon.
- Tatilek, Chugach
- Tazlina, Copper River.
- Telida, Upper Kuskokwim.
- Teller, Bering Strait.
- Tetlin, Tanana.
- Togiak, Bristol Bay.
- Toksook Bay, Southwest Coastal Lowland.
- Tulusak, Southwest Coastal Lowland.
- Tuntutuliak, Southwest Coastal Lowland.
- Tununak, Southwest Coastal Lowland.
- Twin Hills, Bristol Bay.
- Tyonek, Cook Inlet
- Ugashik, Bristol Bay.
- Unalakleet, Bering Strait.
- Unalaska, Aleutian
- Unga, Aleutian
- Uyak, Kodiak.
- Venetie, Upper Yukon,Porcupine.
- Wainwright, Arctic Slope.
- Wales, Bering Strait.
- White Mountain, Bering Strait.
(2) Within two and one,half years from the date of enactment of this Act,
the Secretary shall review all of the villages listed in subsection (b) (1) hereof,
and a village shall not be eligible for land benefits under subsections 14 (a)
and (b), and any withdrawal for such village shall expire, if the Secretary determines
that-
(A) less than twenty,five Natives were residents of the village on the 1970 census
enumeration date as shown by the census or other evidence satisfactory to the
Secretary, who shall make findings of fact in each instance; or,
(B) the village is of a modern and urban character, and the majority of the residents
are non-Native.
Any Native group made ineligible by this subsection shall be considered under
subsection 14 (h).
(3) Native villages not listed in subsection (b)
(1) hereof shall be eligible for land and benefits under this Act and lands shall
be withdrawn pursuant to this section if the Secretary within two and one-half
years from the date of enact, ment of this Act, determines that-
(A) twenty-five or more Natives were residents of an established village on the
1970 census enumeration date as shown by the census or other evidence satisfactory
to the Secretary, who shall make findings of fact in each instance; and
(B) the village is not of a modern and urban character, and a majority of the
residents are Natives.
ANCSA index
NATIVE LAND SELECTIONS
SEC. 12.
(a) (1) During a period of three years from the date of enactment
of this Act, the Village Corporation for each Native village identified pursuant
to section 1 1 shall select, in accordance with rules established by the Secretary,
all of the township or townships in which any part of the village is located,
plus an area that will make the total selection equal to the acreage to which
the village is entitled under section 14. The selection shall be made from lands
with, drawn by subsection 11 (a): Provided, That no Village Corporation may select
more than 69,120 acres from lands withdrawn by subsection 1 1 (a) (2), and not
more than 69,120 acres from the National Wildlife Refuge System, and not more
than 69,120 acres in a National Forest: Provided further, That when a Village
Corporation selects the surface estate to lands within the National Wildlife
Refuge System or Naval Petroleum Reserve Numbered 4, the Regional Corporation
for that region may select the subsurface estate in an equal acreage from other
lands withdrawn by subsection 1 1 (a) within the region, if possible.
(2) Selections made under this subsection (a) shall be contiguous and in reasonably
compact tracts, except as separated by bodies of water or by lands which are
unavailable for selection, and shall be in whole sections and, wherever feasible,
in units of not less than 1,280 acres.
(b) The difference between twenty-two million acres and the
total acreage selected by Village Corporations pursuant to subsection (a) Shall
be allocated by the Secretary among the eleven Regional Corporations (which excludes
the Regional Corporation for southeastern Alaska) on the basis of number of Natives
enrolled in each region. Each Regional Corporation shall reallocate such acreage
among the Ntive villages within the region on an equitable basis after considering
historic use, subsistence needs, and population. The action of the Secretary
or the Corporation shall not be subject to judicial review. Each Village Corporation
shall select the acreage allocated to it from the lands withdrawn by subsection
11 (a).
(c) The difference between thirty-eight million acres and
the 22 million acres selected by Village Corporations pursuant to subsections
(a) and (b) shall be allocated among the eleven Regional Corporations (which
excludes the Regional Corporation for southeastern Alaska) as follows:
(1) The number of acres each Regional Corporation is entitled
to receive shall be computed (A) by determining on the basis of available data
the percentage of all land in Alaska (excluding the southeastern region) that
is within each of the eleven regions, (B) by applying that percentage to thirty-eight
million acres reduced by the acreage in the southeastern region that is to be
selected pursuant to section 16, and (C) by deducting from the figure so computed
the number of acres within that region selected pursuant to subsections (a) and
(b).
(2) In the event that the total number of acres selected within
a region pursuant to subsections (a) and (b) exceeds the percentage of the reduced
thirty,eight million acres allotted to that region pursuant to subsection (c)
(1) (B), that region shall not be entitled to receive any lands under this subsection
(c). For each region so affected the difference between the acreage calculated
pursuant to subsection (c) (1) (B) and the acreage selected pursuant to subsections
(a) and (b) shall be deducted from the acreage calculated under subsection (c)
(1) (C) for the remaining regions which will select lands under this subsection
(c). The reductions shall be apportioned among the remaining regions so that
each region's share of the total reduction bears the same proportion to the total
reduction as the total land area in that region (as calculated pursuant to subsection
(c) (1) (A) bears to the total land area in all of the regions whose allotments
are to be reduced pursuant to this paragraph.
(3) Before the end of the fourth year after the date of enactment
of this Act, each Regional Corporation shall select the acreage allocated to
it from the lands within the region withdrawn pursuant to subsection 11 (a) (1),
and from the lands within the region withdrawn pursuant to subsection 11 (a)
(3) to the extent lands withdrawn pursuant to subsection 11 (a) (1) are not sufficient
to satisfy its allocation: Provided, That within the lands withdrawn by subsection
11 (a) (1) the Regional Corporation may select only even numbered townships in
even numbered ranges, and only odd numbered townships in odd numbered ranges.
(d) To insure that the Village Corporation for the Native
village at Dutch Harbor, if found eligible for land grants under this Act, has
a full opportunity to select lands within and near the village, no federally
owned lands, whether improved or not, shall be disposed of pursuant to the Federal
surplus property disposal laws for a period of two years from the date of enactment
of this Act. The Village Corporation may select such lands and improvements and
receive patent to them pursuant to subsection 14 (a) of this Act.
(e) Any dispute over the land selection rights and the boundaries
of Village Corporations shall be resolved by a board of arbitrators consisting
of one person selected by each of the Village Cor, porations involved, and an
additional one or two persons, whichever is needed to make an odd number of arbitrators,
such additional person or persons to be selected by the arbitrators selected
by the Village Corporations.
ANCSA index
SURVEYS
SEC.
13
(a) The Secretary shall survey the areas selected or designated
for conveyance to Village Corporations pursuant to the provisions of this Act.
He shall monument only exterior boundaries of the selected or designated areas
at angle points and at intervals at approximately two miles on straight lines.
No ground survey or monumentation will be required along meanderable water boundaries.
He shall survey within the areas selected or designated land occupied as a primary
place of residence, as a primary place of business, and for other purposes, and
any other land to be patented under this Act.
(b) All withdrawals, selections, and conveyances pursuant
to this Act shall be as shown on current plats of survey or protraction diagrams
of the Bureau of Land Management, or protraction diagrams of the Bureau of the
State where protraction diagrams of the Bureau of Land Management are not available,
and shall conform as nearly as practicable to the United States Land Survey System.
ANCSA index
CONVEYANCE OF LANDS
SEC. 14
(a) Immediately after selection by a Village Corporation for
a Native village listed in section 1 1 which the Secretary finds is qualified
for land benefits under this Act, the Secretary shall issue to the Village
Corporation a patent to the surface estate in the number of acres shown in the
following table:
| Native population |
lands equal to |
| 25 and 99 |
69,120 acres |
| 100 and 199 |
92,160 acres |
| 200 and 399 |
115,200 acres |
| 400 and 599 |
138,240 acres |
| 600 and more |
161,280 acres |
The lands patented shall be those selected by the Village Corporation pursuant
to subsection 12 (a). In addition, the Secretary shall issue to the Village Corporation
a patent to the surface estate in the lands selected pursuant to subsection 12
(b).
(b) Immediately after selection by any Village Corporation for a Native village
listed in section 16 which the Secretary finds is qualified for land benefits
under this Act, the Secretary shall issue to the Village Corporation a patent
to the surface estate to 23,040 acres. The lands patented shall be the lands
within the township or town, ,ships that enclose the Native village, and any
additional lands selected by the Village Corporation from the surrounding townships
withdrawn for the Native village by subsection 16 (a).
(c) Each patent issued pursuant to subsections (a) and (b) shall be subject to
the requirements of this subsection. Upon receipt of a patent or patents:
(1) the Village Corporation shall first convey to any Native or non-Native occupant,
without consideration, title to the surface estate in the tract occupied as a
primary place of residence, or as a primary place of business, or as a subsistence
campsite, or as headquarters for reindeer husbandry;
(2) the Village Corporation shall then convey to the occupant, either without
consideration or upon payment of an amount not in excess of fair market value,
determined as of the date of initial occupancy and without regard to any improvements
thereon, title to the surface estate in any tract occupied by a nonprofit organization;
(3) the Village Corporation shall then convey to any Municipal Corporation
in the Native village or to the State in trust for any Municipal Corporation
established in the Native village in the future, title to the remaining
surface estate of the improved land on which the Native village is located and
as much additional land as is necessary for community expansion, and appropriate
rights-of-way for public use, and other foreseeable community needs: Provided,
That the amount of lands to be transferred to the Municipal Corporation or in
trust shall be no less than 1,280 acres:
(4) the Village Corporation shall convey to the Federal Government, State or
to the appropriate Municipal Corporation, title to the surface estate for existing
airport sites, airway beacons, and other navigation aids, together with such
additional acreage and/or easements as are necessary to provide related services
and to insure safe approaches to airport runways; and
(5) for a period of ten years after the date of enactment of this Act, the Regional
Corporation shall be afforded the opportunity to review and render advice to
the Village Corporations on all land sales, leases or other transactions prior
to any final commitment.
(d) the Secretary may apply the rule of approximation with respect to the acreage
limitations contained in this section.
(e) Immediately after selection by a Regional Corporation, the Secretary shall
convey to the Regional Corporation title to the surface and/or the subsurface
estates, as is appropriate, in the lands selected.
(f) When the Secretary issues a patent to a Village Corporation for
the surface estate in lands pursuant to subsections (a) and (b), he shall
issue to the Regional Corporation for the region in which the lands are located
a patent to the subsurface estate in such lands, except lands located in the
National Wildlife Refuge System and lands withdrawn or reserved for national
defense purposes, including Naval Petroleum Reserve Numbered 4, for which
in lieu rights are provided for in subsection 12 (a) (1): Provided, That
the right to explore, develop, or remove minerals from the subsurface
estate in the lands within the boundaries of any Native village shall be subject
to the consent of the Village Corporation.
(g) All conveyances made pursuant to this Act shall be subject to valid existing
rights. Where, prior to patent of any land or minerals under this Act, a lease,
contract, permit, right-ofway, or easement (including a lease issued under section
6 (g) of the Alaska Statehood Act) has been issued for the surface or minerals
covered under such patent, the patent shall contain provisions making it subject
to the lease, contract, permit, right-of-way, or easement, and the right of the
lessee, contractee, permittee, or grantee to the complete enjoyment of all rights,
privileges, and benefits thereby granted to him. Upon issuance of the patent,
the patentee shall succeed and become entitled to any and all interests of the
State or the United States as lessor, contractor, permitter, or grantor, in any
such leases, contracts, permits, rights-of-way, or easements covering the estate
patented, and a lease issued under section 6 (g) of the Alaska Statehood Act
shall be treated for all purposes as though the patent had been issued to the
State. The administration of such lease, contract, permit, right-of-way, or easement
shall continue to be by the State or the United States, unless the agency responsible
for administration waives administration. In the event that the patent does not
cover all of the land embraced within any such lease, contract, permit, right-of-way,
or easement, the patentee shall only be entitled to the proportionate amount
of the revenues reserved under such lease, contract, permit, right-of-way, or
easement by the State or the United States which results from multiplying the
total of such revenues by a fraction in which the numerator is the acreage of
such lease, contract, permit, rightof-way, or easement which is included in the
patent and the denominator is the total acreage contained in such lease, contract,
permit, right-of-way, or easement.
(h) The Secretary is authorized to withdraw and convey 2 million acres of unreserved
and unappropriated public lands located outside the areas withdrawn by sections
1 1 and 16, and follows:
(1) The Secretary may withdraw and convey to the appropriate Regional Corporation
fee title to existing cemetery sites and historical places;
(2) The Secretary may withdraw and convey to a Native group that does not qualify
as a Native village, if it incorporates under the laws of Alaska, title to the
surface estate in not more than 23,040 acres surrounding the Native group's locality.
The subsurface estate in such land shall be conveyed to the appropriate Regional
corporation;
(3) The Secretary may withdraw and con, vey to the Natives residing in Sitka,
Kenai, Juneau, and Kodiak, if they incorporate under the laws of Alaska, the
surface estate of lands of a similar character in not more than 23,040 acres
of land, which shall be located in reason, able proximity to the municipalities.
The subsurface estate in such lands shall be conveyed to the appropriate Regional
Corporation unless the lands are locate in a Wildlife Refuge;
(4) The Secretary shall withdraw only such lands surrounding the villages and
municipalities as are necessary to permit the conveyance authorized by paragraphs
(2) and (3) to be planned and effected;
(5) The Secretary may convey to a Native, upon application within two
years from the date of enactment of this Act, the surface estate in not to exceed
160 acres of land occupied by the Native as a primary place of residence on August
31, 1971. Determination of occupancy shall be made by the Secretary, whose
decision shall be final. The subsurface estate in such lands shall be conveyed
to the appropriate Regional Corporations;
(6) The Secretary shall charge against the 2 million acres authorized to be conveyed
by this section all allotments approved pursuant to section 18 during the four
years following the date of enactment of this Act;
(7) The Secretary may withdraw and convey lands out of the National Wildlife
Refuge System and out of the National Forests, for the purposes set forth in
subsections (h) (1), (2), (3) and (5); and
(8) Any portion of the 2 million acres not conveyed by this subsection shall
be allocated and conveyed to the Regional Corporations on the basis of population.
ANCSA index
TIMBER SALE CONTRACTS
SEC.
15.
Not withstanding the provisions of existing National Forest timber sale contracts
that are directly affected by conveyances authorized by this Act, the Secretary
of Agriculture is authorized to modify any such contract, with the consent of
the purchaser, by substituting, to the extent practicable, timber on other national
forest lands approximately equal in volume, species, grade, and accessibility
for timber standing on any land affected by such conveyances, and, on request
of the appropriate Village Corporation the Secretary of Agriculture is directed
to make such substitution to the extent it is permitted by timber sale contract
without the consent of the purchaser.
ANCSA index
THE TLINGIT-HAIDA SETLEMENT
Sec 16.
(a) All public lands in eac township that encloses all or any
part of a Native village listed below, and in each township that is contiguous
to or corners such township, except lands withdrawn or reserved for national
defense purposes, are hereby withdrawn, subject to valid existing rights, for
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.
- Klukwan, Southeast.
- Saxman, Southeast.
- Yakutat, Southeast.
(b) During a period of three years from the date of enactment
of this Act, each Village Corporation for the villages listed in subsection (a)
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,
with, drawn lands from the townships that are con, tiguous to or corner on such
township. 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) 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 47,9000,
and distributed to the Tlingit and Haida Indians pursuant to the Act of July
13, 1970 (84 Stat. 431), are in lieu of the additional acreage to be conveyed
to qualified villages listed in section 11.
ANCSA index
JOINT FEDERAL-STATE LAND USE
PLANNING COMMISSION FOR ALASKA SEC. 17.
(a) (1) There is hereby established the Joint Federal-State Land
Use Planning Commission for Alaska. The Planning Commission shall be composed
of ten members as follows:
(A) The Governor of the State (or his designate) and four
members who shall be appointed by the Governor. During the Planning Commission's
existence at least one member appointed by the Governor shall be a Native as
defined by this Act.
(B) One member appointed by the President of the United States with the advice
and consent of the Senate, and four members who shall be appointed by the Secretary
of the Interior.
(2) The Governor of the State and the member appointed by the President pursuant
to subsection (a) (1) (B), shall serve as cochairmen of the Planning Commission.
The initial meeting of the Commission shall be called by the cochairmen. All
decisions of the Commission shall require the concurrence of the cochairmen.
(3) Six members of the Planning Commission shall constitute a quorum. Members
shall serve at the pleasure of the appointing authority. A vacancy in the membership
of the Commission shall not affect its powers, but shall be filled in the same
manner in which the original appointment was made.
(4) (A) Except to the extent otherwise provided in subparagraph (B) of this subsection,
members of the Planning Commission shall receive compensation at the rate of
$100 per day for each day they are engaged in the performance of their duties
as members of the Commission. All members of the Commission shall be entitled
to reimbursement for travel, subsistence, and other necessary expenses incurred
by them in the performance of their duties as members of the Commission.
(B) Any member of the Planning Commission who is designated or appointed from
the Government of the United States or from the Government of the State shall
serve without compensation in addition to that received in his regular employment.
The member of the Commission appointed by the President pursuant to subsection
(a) (1) (B) shall be compensated as provided by the President at a rate not in
excess of that provided for level V of the Executive Schedule in title 5, United
States Code.
(5) Subject to such rules and regulations as may be adopted by the Planning Commission,
the cochairmen, without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter HI of chapter 53 of such title relating
to classification and General Schedule pay rates, shall have the power-
(A) to appoint and fix the compensation of such staff personnel as they deem
necessary, and
(B) to procure temporary and intermittent services to the same extent as is authorized
by section 3109 of title 5, United States Code, but at rates not to exceed $100
a day for individuals.
(6) (A) The Planning Commission or, on the authorization of the Commission, any
subcommittee or member thereof, may, for the purpose of carrying out the provisions
of this section, hold such hearings, take such testimony, receive such evidence,
print or otherwise reproduce and distribute so much of its proceedings and reports
thereon, and sit and act as such times and places as the Commission, subcommittee,
or member deems advisable.
(B) Each department, agency, and instrumentality of the executive branch of the
Federal Government, including independent agencies, is authorized and directed
to furnish to the Commission, upon request made by a cochairman, such information
as the Commission deem necessary to carry out its functions under this section.
(7) The Planning Commission shall-
(A) undertake a process of land-use planning, including the identification
of and the making of recommendations concerning areas planned and best suited
for permanent reservation in Federal ownership as parks, game refuges, and other
public uses, areas of Federal and State lands to be made available for disposal,
and uses to be made of lands remaining in Federal and State ownership;
(B) make recommendations with respect to proposed land selections by the State
under the Alaska Statehood Act and by Village and Regional Corporations under
this Act;
(C) be available to advise upon and assist in the development and review of land-use
plans for lands selected by the Native Village and Regional Corporations under
this Act and by the State under the Alaska Statehood Act;
(D) review existing withdrawals of Federal public lands and recommend to the
President of the United States such additions to or modifications of withdrawals
as are deemed desirable;
(E) establish procedures, including public hearings, for obtaining public views
on the land-use planning programs of the State and Federal Governments for lands
under their administration;
(F) establish a committee of land-use advisers to the Commission, made up
of representatives of commercial and industrial land users in Alaska, recreational
land users ,wilderness users, environmental groups, Alaska Natives, and
other citizens;
(G) make recommendations to the President of the United States and the Governor
of Alaska as to programs and budgets of the Federal and State agencies responsible
for the administration of Federal and State lands;
(H) make recommendations from time to time to the President of the United States,
Congress, and the Governor and legislature of the State as to changes in laws,
policies, and programs that the Planning Commission determines are necessary
or desirable;
(i) make recommendations to insure that economic growth and development is orderly,
planned and compatible with State and national environmental objectives, the
public interest in the public lands, parks, forests, and wildlife refuges in
Alaska and the economic and social well-being of the Native people and other
residents of Alaska;
(J) make recommendations to improve coordination and consultation between the
State and Federal Governments in making resource allocation and land use decisions;
and
(K) make recommendations on ways to avoid conflict between the State and the
Native people in the selection of public lands. (8) (A) On or before January
31 of each year, the Planning Commission shall submit to the President of the
United States, the Congress, and the Governor and legislature of the State a
written report with respect to its activities during the preceding calendar year.
(B) The Planning Commission shall keep and maintain accurate and complete records
of its activities and transactions in carrying out its duties under this Act,
and such records shall be avail, able for public inspection.
(C) The principal office of the Planning Commission shall be located in the State.
(9) (A) The United States shall be responsible for paying for any fiscal year
only 50 per centum of the costs of carrying out subsections (a) and (b) for such
fiscal year.
(B) For the purpose of meeting the responsibility of the United States in carrying
out the provisions of this section, there is authorized to be appropriated $1,500,000
for the fiscal year ending June 30, 1972, and for each succeeding fiscal year.
(10) On or before May 30,l976,the Planning Commission shall submit its final
report to the President of the United States, the Congress, and the Governor
and Legislature of the State with respect to its planning and other activities
under this Act, together with its recommendations for programs or other actions
which it determines should be taken or carried out by the United States and the
State. The Commission shall cease to exist effective December 31, 1976. (b)
(1) The Planning Commission shall identify public easements across lands selected
by Village Corporations and the Regional Corporations and at periodic points
along the courses of major waterways which are reasonably necessary to guarantee
international treaty obligations, a full right of public use and access for recreation,
hunting, transportation, utilities, docks, and such other public uses as the
Planning Commission determines to be important.
(2) In identifying public easements the Planning Commission shall consult with
appropriate State and Federal agencies, shall review proposed transportation
plans, and shall receive and review statements and recommendations from interested
organizations and individuals on the need for and proposed location of public
easements: Provided, That any valid existing right recognized by this Act shall
continue to have whatever right of access as is now provided for under existing
law and this subsection shall not operate in any way to diminish or limit such
right of access.
(3) Prior to granting any patent under this Act to the Village Corporation and
Regional Corporations, the Secretary shall consult with the State and the Planning
Commission and shall reserve such public easements as he determines are necessary.
(c) 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) (1) Public Land Order Numbered 4582, 34 Federal Register 1025, as amended,
is hereby revoked. For a period of ninety days after the date of enactment of
this Act 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 Corpora, tions,
the Regional Corporations, and the State to make selections and obtain patents
within the areas withdrawn pursuant to section 1.
(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 1 1, IT 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 11. (B) Lands withdrawn
pursuant to paragraph
(A) hereof must be withdrawn within nine months of the date of enactment of this
Act. AR unreserved public lands not withdrawn under paragraph (A) or subsection
17 (d) (1) 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
the date of enactment of this Act, 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 appropriation under the public land laws. Areas
recommended by the Secretary pursuant to paragraph (C) shall remain with, drawn
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. 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 12 of this Act 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 12 of this Act shall not
be affected by such withdrawals and such lands selected may be patented and such
rights granted as authorized by this Act. In the event Congress enacts legislation
set, ting 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 ex, tent 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.
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REVOCATION OF INDIAN ALLOTMENT
AUTHORITY IN ALASKA
SEC. 18.
(a) No Native covered by the pro, visions of this
Act, 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 hereby repealed. Notwithstanding
the foregoing provisions of this section, any application for an allotment that
is pending before the Department of the Interior on the date of enact, ment of
this Act 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 subsection 14(h)(5)
of this Act.
(b) Any allotments approved pursuant to this section during
the four years following enact, ment of this Act shall be charged against the
two million acre grant provided for in subsection 14 (h).
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REVOCATION OF RESERVATIONS
SEC. 19.
(a) Notwithstanding any other provision of law, and except
where inconsistent with the provisions of this Act, the various reserves set
aside by legislation or by Executive or Secretarial Order for Native use
or for administration of Native affairs, including those created under the Act
of May 31, 1938 (52 Stat. 593), are hereby revoked subject to any valid
existing rights of non-Natives. This section shall not apply to the Annette
Island Reserve established by the Act of March 3, 1891. (26 Stat. 1101) and no
person enrolled in the Metlakatla Indian Community of the Annette Island Reserve
shall be eligible for benefits under this Act.
(b) Notwithstanding any other provision of law or of this
Act, any Village Corporation or Corporations may elect within two years to acquire
title to the surface and subsurface estates in any reserve set aside for the
use or benefit of its stockholders or members prior to the date of enactment
of this Act. If two or more villages are located on such reserve the election
must be made by all of the members or stockholders of the Village Corporations
concerned. In such event, the Secretary shall convey the land to the Village
Corporation or Corporations, subject to valid existing rights as provided in
subsection 14
(g), and the Village Corporation shall not be eligible
for any other land selections under this Act or to any distribution of Regional
Corporation funds pursuant to section 7, and the enrolled residents
of the Village Corporation shall not be eligible to receive Regional Corporation
stock.
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ATTORNEY AND CONSULTANT FEES
SEC. 20.
(a) The Secretary of the Treasury shall hold in the Alaska Native
Fund, from the appropriation made pursuant to section 6 for the second fiscal
year, moneys sufficient to make the payments authorized by this section.
(b) A claim for attorney and consultant fees and out-of-pocket expenses may be
submitted to the Chief Commissioner of the United States Court of Claims for
services rendered before the date of enactment of this Act to any Native tribe,
band, group, village, or association in connection with:
(1) the preparation of this Act and previously proposed Federal legislation to
settle Native claims based on aboriginal title, and (2) the actual prosecution
pursuant to an authorized contract or a cause of action based upon a claim pending
before any Federal or State Court or the Indians Claims Commission that is dismissed
pursuant to this Act. (c) A claim under this section must be filed with the clerk
of the Court of Claims within one year from the date of enactment of this Act,
and shall be in such form and contain such information as the Chief Commissioner
shall prescribe. Claims not so filed shall be forever barred.
(d) The Chief Commissioner or his delegate is authorized to receive, determine,
and settle such claims in accordance with the following rules:
(1) No claim shall be allowed if the claimant has otherwise been reimbursed.
(2) The amount allowed for services shall be based on the nature of the service
rendered, the time and labor required, the need for providing the service, whether
the service was intended to be a voluntary public service or compensable, the
existence of a bona fide attorneyclient relationship with an identified client,
and the relationship of the service rendered to the enactment of proposed legislation.
The amount allowed shall not be controlled by any hourly charge customarily charged
by the claimant.
(3) The amount allowed for out-of-pocket expenses shall not include office overhead,
and shall be limited to expenses that were necessary, reasonable, unreimbursed
and actually incurred.
(4) The amounts allowed for services rendered shall not exceed
in the aggregate $2,000,000, of which not more than $100,000 shall be available
for the payment of consultants' fees. If the approved claims exceed the aggregate
amounts allowable, the Chief Commissioner shall authorize payment of the claims
on a pro rata basis.
(5) Upon the filing of a claim, the clerk of the Court of Claims shall forward
a copy of such claims to the individuals or entities on whose behalf services
were rendered or fees and expenses were allegedly incurred, as shown by the pleadings,
to the Attorney General of the United States, to the Attorney General of the
State of Alaska, to the Secretary of the Interior, and to any other person who
appears to have an interest in the claim, and shall give such persons ninety
days within which to file an answer contesting the claim.
(6) The Chief Commissioner may designate a trial commissioner for any claim made
under this section and a panel of three commissioners of the court to serve as
a reviewing body. One member of the review panel shall be designated as presiding
commissioner of the panel.
(7) Proceedings in all claims shall be pursuant to rules and orders prescribed
for the purpose by the Chief Commissioner who is hereby authorized and directed
to require the application of the pertinent rules of practice of the Court of
Claims insofar as feasible. Claimants may appear before a trial commissioner
in per, son or by attorney, and may produce evidence and examine witnesses. In
the discretion of the Chief Commissioner or his designate, hearings may be held
in the localities where the claimants reside if convenience so demands.
(8) Each trial commissioner and each review panel shall have authority to do
and perform any acts which may be necessary or proper for the efficient performance
of their duties, and shall have the power of subpoena, the power to order audit
of books and records, and the power to administer oaths and affirmations. Any
sanction authorized by the rules of practice of the Court of Claims, except contempt,
may be imposed on any claimant, witness, or attorney by the trial commissioner,
review panel, or Chief Commissioner. None of the rules, regulations, rulings,
findings, or conclusions authorized by this section shall be subject to judicial
review.
(9) The findings and conclusions of the trial commissioner shall be submitted
by him, together with the record in the case, to the review panel of commissioners
for review by it pursuant to such rules as may be provided for the purpose, which
shall include provision for submitting the decision of the trial commissioner
to the claimant and any party contesting the claim for consideration, exception,
and argument before the panel. The panel, by majority vote, shall adopt or modify
the findings or the conclusions of the trial commissioner.
(10) The Court of Claims is hereby authorized and directed, under such conditions
as it may prescribe, to provide the facilities and services of the office of
the clerk of the court for the filing, processing, hearing, and dispatch of claims
made pursuant to this section and to include within its annual appropriations
the costs thereof and other costs of administration, including (but without limitation
to the items herein listed) the salaries and traveling expenses of its auditors
and the commissioners serving as trial commissioners and panel members, mailing
and service of process, necessary physical facilities, equipment, and sup, plies,
and personnel (including secretaries, reporters, auditors, and law clerks).
(e) The Chief Commissioner shall certify to the Secretary of the Treasury, and
report to the Congress, the amount of each claim allowed and the name and address
of the claimant. The Secretary of the Treasury shall pay to such person from
the Alaska Native Fund the amounts certified. No award under this section shall
bear interest.
(f) (1) No remuneration on account of any services or expenses for which a claim
is made or could be made pursuant to this section shall be received by any person
for such services and expenses in addition to the amount paid in accordance with
this section, and any contract or agreement to the contrary shall be void.
(2) Any person who receives, and any corporation or association official who
pays, on account of such services and expenses, any remuneration in addition
to the amount allowed in accordance with this section shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than $5,000, or imprison,
ed not more than twelve months, or both.
(g) A claim for actual costs incurred in filing protests, preserving land claims,
advancing land claims settlement legislation, and presenting testimony to the
Congress on proposed Native land claims may be submitted to the Chief Commissioner
of the Court of Claims by any bona fide association of Natives. The claim must
be sub, miitted within six months from the date of enactment of this Act, and
shall be in such form and contain such information as the Chief Commissioner
shall prescribe. The Chief Commissioner shall allow such amounts as he determines
are reasonable, but he shall allow no amount for attorney and consultant fees
and expenses which shall be compensable solely under subsection (b) through (e).
If approved claims under this subsection aggregate more than $600,000, each claim
shall be reduced on a pro rata basis. The Chief Commissioner shall certify to
the Secretary of the Treasury, and report to the Congress, the amount of each
claim allowed and the name and address of the claimant. The Secretary of the
Treasury shall pay to such claimant from the Alaska Native Fund the amount certified.
No award under this subsection shall bear interest.
ANCSA index
TAXATION
SEC.
21.
(a) Revenues originating from the Alaska Native Fund shall
not be subject to any form of Federal, State, or local taxation at the time of
receipt by a Regional Corporation, Village Corporation, or individual Native
through dividend distributions or in any other manner. This exemption shall not
apply to income from the investment of such revenues.
(b) The receipt of shares of stock in the Regional or Village Corporations by
or on behalf of any Native shall not be subject to any form of Federal, State
or local taxation.
(c) The receipt of land or any interest therein pursuant to this Act or
of cash in order to equalize the values of properties exchanged pursuant to subsection
22 (f) shall not be subject to any form of Federal, State or local taxation.
The basis for computing gain or loss on subsequent sale or other disposition
of such land or interest in land for purposes of any Federal, State or local
tax imposed on or measured by income shall be the fair value of such land or
interest in land at the time of receipt.
(d) Real property interests conveyed, pursuant to this Act, to a Native
individual, Native group, or Village or Regional Corporation which are not developed
or leased to third parties, shall be exempt from State and local real property taxes
for a period of twenty years after the date of enactment of this Act: Provided,
That municipal taxes, local real property taxes, or local assessments may be
imposed upon leased or developed real property within the jurisdiction of any
governmental unit under the laws of the State: Provided further, That easements,
rightsof-way, leaseholds, and similar interests in such real property may be
taxed in accordance with State or local law. All rents, royalties, profits, and
other revenues or proceeds derived from such property interests shall be taxable
to the same extent as such revenues or proceeds are taxable when received by
a non-Native individual or corporation.
(e) Real property interests conveyed pursuant to this Act to a Native individual,
Native group, or Village or Regional Corporation shall, so long as the fee therein
remains not subject to State or local taxes on real estate, continue to be regarded
as public lands for the purpose of computing the Federal share of any highway
project pursuant to title 23 of the United States Code, as amended and supplemented,
for the purpose of the Johnson-O'Malley Act of April 16, 1934, as amended (25
U.S.C. 452), and for the purpose of Public Laws 815 and 874, 81st Congress (64
Stat. 967, 1 1 00), and so long as there are also no substantial revenues from
such lands, continue to receive forest fire protection services from the United
States at no cost.
ANCSA index
MISCELLANEOUS
SEC.
22.
(a) None of the revenues granted by section 6, and none of the
lands granted by this Act to the Regional and Village Corporation and to Native
groups and individuals shall be subject to any contract which is based on a percentage
fee of the value of all or some portion of the settlement granted by this Act.
Any such contract shall not be enforceable against any Native as defined by this
Act or any Regional or Village Corporation and the revenues and lands granted
by this Act shall not be subject to lien, execution or judgement to fulfill such
a contract. (b) The Secretary is directed to promptly issue patents to all persons
who have made a lawful entry on the public lands in compliance with the public
land laws for the purpose of gaining title to homesteads, headquarters sites,
trade and manufacturing sites, or small tract sites (43 U.S.C. 682), and who
have fulfilled all re, quirements of the law prerequisite to obtaining a patent.
Any person who has made a lawful entry prior to August 31, 1971, for any of the
foregoing purposes shall be protected in his right of use and occupancy until
all the requirements of law for a patent have been met even though the lands
in, volved have been reserved or withdrawn in accordance with Public Land Order
4582, as amended, or the withdrawal provisions of this Act: Provided, That occupancy
must have been maintained in accordance with the appropriate public land law:
Provided further, That any person who entered on public lands in violation of
Public Land Order 4582, as amended, shall gain no rights.
(c) On any lands conveyed to Village and Regional Corporations, any person who
prior to August 31, 1971, initiated a valid mining claim or location under the
general mining laws and recorded notice of said location with the appropriate
State or local office shall be protected in his possessory rights, if all requirements
of the general mining laws are complied with, for a period of five years and
may, if all requirements of the general mining laws are complied with, proceed
to patent.
(d) The provisions of Revised Statute 452 (43 U. S.C. 1 1) shall not apply to
any land grants or other rights granted under this Act.
(e) If land within the National Wildlife Refuge System is selected by a Village
Corporation pursuant to the provisions of this Act, the secretary shall add to
the Refuge System other public lands in the State to replace the lands selected
by the Village Corporation.
(f) The Secretary, the Secretary of Defense, and the Secretary of Agriculture
are authorized to exchange any lands or interests therein of the Village Corporations,
Regional Corporations, individuals, or the State for the purpose of effecting
land consolidations or to facilitate the manage, ment or development of the land.
Exchanges shall be on the basis of equal value, and either party to the exchange
may pay or accept cash in order to equalize the value of the properties exchanged.
(g) If a patent is issued to any Village Cor, poration for land in
the National Wildlife Refuge System, the patent shall reserve to the United States
the right of first refusal if the land is ever sold by the Village Corporation.
Notwithstanding any other provision of this Act, every patent issued by the
Secretary pursuant to this Act-which covers lands lying within the boundaries
of a National Wildlife Refuge on the date of enactment of this Act shall contain
a provision that such lands remain subject to the laws and regulations
governing use and development of such Refuge.
(h) (1) All withdrawals made under this Act, except as otherwise provided in
this subsection, shall terminate within four years of the date of enactment of
this Act: Provided, That any lands selected by Village or Regional Corporations
or by a Native group under section 12 shall remain withdrawn until conveyed pursuant
to section 14.
(2) The withdrawal of lands made by subsection 11 (a) (2) and section 16 shall
terminate three years from the date of enactment of this Act.
(3) The provisions of this section shall not apply to any withdrawals made under
section 17 of this Act.
(4) The Secretary is authorized to terminate any withdrawal made by or pursuant
to this Act whenever he determines that the withdrawal is no longer necessary
to accomplish the purposes of this Act.
(i) Prior to a conveyance pursuant to section 14, lands withdrawn by or pursuant
to sections 11, 14 and 16 shall be subject to administration by the Secretary,
or by the Secretary of Agriculture in the case of National Forest lands, under
applicable laws and regulations, and their authority to make contracts and to
grant leases, permits, rights-of-way, or easements shall not be impaired by the
withdrawal.
(j) In any area of Alaska for which protraction diagrams of the Bureau of Land
Management or the State do not exist, or which does not conform to the United
States Land Survey System, or which has not been surveyed in a manner adequate
to withdraw and grant the lands provided for under this Act, the Secretary shall
take such actions as are necessary to accomplish the purposes of this Act, and
the deeds granted shall note that upon completion of an adequate survey appropriate
adjustments will be made to insure that the beneficiaries of the land grants
receive their full entitlement.
(k) Any patents to lands under this Act which are located within the boundaries
of a national forest shall contain such conditions as the Secretary deems necessary
to assure that:
(1) the sale of any timber from such lands shall, for a period of five years,
be subject to the same restrictions relating to the export of timber from the
United States as are applicable to national forest lands in Alaska under rules
and regulations of the Secretary of Agriculture; and
(2) such lands are managed under the principle of sustained yield and under management
practices for protection and enhancement of environmental quality no less stringent
than such management practices on adjacent national forest lands for a period
of twelve years.
(1) Notwithstanding any provision of this Act, no Village or Regional Corporation
shall select lands which are within two miles from the boundary, as it exists
on the date of enactment of this Act, of any home rule or first class city (ex, cluding
boroughs) or which are within six miles from the boundary of Ketchikan.
ANCSA index
REVIEW BY CONGRESS
SEC.
23.
The Secretary shall submit to the Congress annual reports on
implementation of this Act. Such reports shall be filed by the Secretary annually
until 1984. At the beginning of the first session of Congress in 1985 the
Secretary shall submit, through the President, a report of the status of the
Natives and Native groups in Alaska, and a summary of actions taken under this
Act, together with such recommendations as may be appropriate.
APPROPRIATIONS
SEC. 24.
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of this Act.
PUBLICATIONS
SEC.
25.
The Secretary is authorized to issue and publish in the Federal
Register, pursuant to the Administrative Procedure Act, such regulations as may
be necessary to carry out the purposes of this Act.
ANCSA index
SAVING CLAUSE
SEC.
26.
To the extent that there is a conflict between any provision
of this Act and any other Federal laws applicable to Alaska, the provisions of
this Act shall govern
.SEPARABILITY
SEC.
27.
If any provision of this Act or the applicability thereof is
held invalid the remainder of this Act shall not be affected thereby.
Approved December 18, 1971.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 92-523 (Comm. on Interior and Insular Affairs
and No. 92-746 (Comm. of Conference).
SENATE REPORTS: No. 92-405 accompanying S. 35 (Comm. on Interior
and Insular Affairs) and No. 92-581 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 117 (1971):
- Oct. 19, 20, considered and passed House.
- Nov. 1, considered and passed Senate, amended, in lieu of S. 35.
- Dec. 14, House and Senate agreed to conference report.