(a) Pursuant to sections 14(g) and 22(b) of the Act, all conveyances issued under the act shall exclude any lawful entries or entries which have been perfected under, or are being maintained in compliance with, laws leading to the acquisition of title, but shall include land subject to valid existing rights of a temporary or limited nature such as those created by leases (including leases issued under section 6(g) of the Alaska Statehood Act), contracts, permits, rights-of-way, or easements.
(b) The right of use and occupancy of persons who initiated lawful settlement or entry of land, prior to August 31, 1971, is protected: Provided, That:
(1) Occupancy has been or is being maintained in accordance with the appropriate public land law, and
(2) Settlement or entry was not in violation of Public Land Order 4582, as amended. Any person who entered or settled upon land in violation of that public land order has gained no rights.
(c) In the event land excluded from conveyance under paragraph (a) of this section reverts to the United States, the grantee or his successor in interest shall be afforded an opportunity to acquire such land by exchange pursuant to section 22(f) of the Act.
Notes of Decisions
Seldovia Native Ass'n, Inc. v. Lujan, 904 F.2d 1335 (9th Cir. 1990).
“Because the open-to-entry leases are rights leading to the acquisition of title, the Secretary determined that these lands should be excluded from Native Alaskan selection, consistent with 43 C.F.R. 2650.3-1(a). Id. at 55291. 42 A.”
Tetlin Native Corp. v. State, 759 P.2d 528 (Alaska 1988).
“§§ 1613 (g), 1621(b); 43 C.F.R. § 2650.3-1 (a) (1987). See Appeals of the State of Alaska and Seldovia Native Ass'n, Inc.”
Capener v. Tanadgusix Corp., 884 P.2d 1060 (Alaska 1994).
“at 5 , citing 43 C.F.R. 2650.3-1(a). The Memo discusses the problem posed by lands which the state conveyed, leased or patented before the state had received final approval for state selection.”
Kootznoowoo, Inc. v. Spang, 33 F.3d 59 (9th Cir. 1994).
“" 43 C.F.R. 2650.3-1(a). 6 In November of 1971, Jimmie Johnson, a Tlingit Indian, submitted a timely application for a Native allotment under the 1906 Allotment Act.”
— 43 C.F.R. § 2650.3-1(a) — 3 cases
Seldovia Native Ass'n, Inc. v. Lujan, 904 F.2d 1335 (9th Cir. 1990).
“Because the open-to-entry leases are rights leading to the acquisition of title, the Secretary determined that these lands should be excluded from Native Alaskan selection, consistent with 43 C.F.R. 2650.3-1(a). Id. at 55291. 42 A.”
Capener v. Tanadgusix Corp., 884 P.2d 1060 (Alaska 1994).
“at 5 , citing 43 C.F.R. 2650.3-1(a). The Memo discusses the problem posed by lands which the state conveyed, leased or patented before the state had received final approval for state selection.”
Kootznoowoo, Inc. v. Spang, 33 F.3d 59 (9th Cir. 1994).
“" 43 C.F.R. 2650.3-1(a). 6 In November of 1971, Jimmie Johnson, a Tlingit Indian, submitted a timely application for a Native allotment under the 1906 Allotment Act.”
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