U.S. Code » Title 43 » Chapter CHAPTER 33— ALASKA NATIVE CLAIMS SETTLEMENT

43 U.S.C. § 1609

Limitation of actions

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(a) Complaint, time for filing; jurisdiction; commencement by State official; certainty and finality of vested rights, titles, and interests

Notwithstanding any other provision of law, any civil action to contest the authority of the United States to legislate on the subject matter or the legality of this chapter shall be barred unless the complaint is filed within one year of December 18, 1971, and no such action shall be entertained unless it is commenced 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) Land selection; suspension and extension of rights

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 chapter, 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 selection right was suspended.

(Pub. L. 92–203, § 10, Dec. 18, 1971, 85 Stat. 696.)Editorial NotesReferences in Text

The Alaska Statehood Act and section 6 of the Alaska Statehood Act, referred to in subsec. (b), are Pub. L. 85–508, July 7, 1958, 72 Stat. 339, and section 6 thereof, and are set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.

Notes of Decisions
Cited in 7 cases, 1980–2005 · leading case: Greene v. Rhode Island, 398 F.3d 45 (1st Cir. 2005).
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Greene v. Rhode Island, 398 F.3d 45 (1st Cir. 2005). “” 43 U.S.C. § 1609 (a)). In the case at hand, the Wampanoags seek to revive old land claims and unsettle land titles in direct contravention of the purpose of the Settlement Act.”
Paul v. United States, 20 Cl. Ct. 236 (Ct. Cl. 1990). · cites it 3× “30 The district court on August 10, 1977, held that the action was barred by the venue and time limitations of 43 U.S.C. § 1609 (a). The Ninth Circuit noted the complaint was filed nearly 3 and ¥2 years after the limitations period and that it was not filed in the District of…”
Narragansett Indian Tribe v. Nat'l Indian Gaming Comm'n, 158 F.3d 1335 (D.C. Cir. 1998). “” 43 U.S.C. § 1609 (a) (1994) (emphasis added).”
Paul v. Andrus, 639 F.2d 507 (9th Cir. 1980). · cites it 6× “§ 81 and 43 U.S.C. § 1609 . He also asks for money he alleges is due him under retainer agreements.”
Paul v. United States, 231 Ct. Cl. 445 (Ct. Cl. 1982). “Section 10, 43 U.S.C. § 1609 (a), provided that the complaint in such a suit had to be filed within one year of December 18, 1971, and in the District Court for the District of Alaska, and had to be "commenced by a duly authorized official of the State” of Alaska.”
Tyonek Native Corp. v. Sec'y of the Interior, 836 F.2d 1237 (9th Cir. 1988). “§ 1608 (b) (referring “to conditional leases and sales of minerals heretofore or hereafter made pursuant to section 6(g) of the Alaska Statehood Act,” and “to mineral leases of the United States that are or may be subsumed by the State under section 6(h) of the Alaska Statehood…”
Native Am. Mohegans v. United States, 184 F. Supp. 2d 198 (D. Conn. 2002). “” 43 U.S.C. § 1609 (a) (1994) (emphasis added).”
— 43 U.S.C. § 1609(b) — 1 case
Tyonek Native Corp. v. Sec'y of the Interior, 836 F.2d 1237 (9th Cir. 1988). “§ 1608 (b) (referring “to conditional leases and sales of minerals heretofore or hereafter made pursuant to section 6(g) of the Alaska Statehood Act,” and “to mineral leases of the United States that are or may be subsumed by the State under section 6(h) of the Alaska Statehood…”
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