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

43 U.S.C. § 1616

Joint Federal-State Land Use Planning Commission for Alaska

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(a) Omitted(b) Public easements; continuance of access rights under valid existing rights(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 chapter 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 chapter 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and shall reserve such public easements as he determines are necessary.(c) Prohibition against selection of lands from withdrawn area in event of withdrawal of utility and transportation corridor across public lands

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the State, the Village Corporations and the Regional Corporations shall not be permitted to select lands from the area withdrawn.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) Public Land Order Numbered 4582 revoked; withdrawal of unreserved public lands; classification and reclassification of lands; opening lands to appropriation; administration; contracting and other authority of Secretary not impaired by withdrawal(1) Public Land Order Numbered 4582, 34 Federal Register 1025, as amended, is hereby revoked. For a period of ninety days after December 18, 1971, all unreserved public lands in Alaska are hereby withdrawn from all forms of appropriation under the public land laws, including the mining (except locations for metalliferous minerals) and the mineral leasing laws.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 Corporations, the Regional Corporations, and the State to make selections and obtain patents within the areas withdrawn pursuant to section 1610 of this title.(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 1610 of this title, up 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 1610 of this title.(B) Lands withdrawn pursuant to paragraph (A) hereof must be withdrawn within nine months of December 18, 1971. All unreserved public lands not withdrawn under paragraph (A) or subsection (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 December 18, 1971, 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 appropriations under the public land laws.(D) Areas recommended by the Secretary pursuant to paragraph (C) shall remain withdrawn 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.(E) 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 1611 of this title 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 1611 of this title shall not be affected by such withdrawals and such lands selected may be patented and such rights granted as authorized by this chapter. In the event Congress enacts legislation setting 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 extent 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.(Pub. L. 92–203, § 17, Dec. 18, 1971, 85 Stat. 706; Pub. L. 94–204, § 7, Jan. 2, 1976, 89 Stat. 1149.)Editorial NotesReferences in Text

Alaska Statehood Act, referred to in subsec. (d)(2)(A), (E), is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.

Codification

Subsec. (a) of this section, which related to the establishment, membership, compensation, procedures, duties, and powers of the Joint Federal-State Land Use Planning Commission for Alaska, was omitted pursuant to former subsec. (a)(10) of this section, which provided that the Commission was to cease to exist effective June 30, 1979.

Amendments

1976—Subsec. (a)(10). Pub. L. 94–204 amended par. (10) generally. Prior to amendment, par. (10) read as follows: “On or before May 30, 1976, 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 chapter, 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.”

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1974–2022 · leading case: Alaska Pub. Easement Def. Fund v. Andrus, 435 F. Supp. 664 (D. Alaska 1977).
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Alaska Pub. Easement Def. Fund v. Andrus, 435 F. Supp. 664 (D. Alaska 1977). · cites it 12× “43 U.S.C. § 1616 (b)(3). It is the scope of this authority as well as the Secretary’s authority to reserve easements pursuant to other Acts upon lands patented under the ANCSA which is questioned herein.”
Wilderness Soc'y v. J. Steven Griles, 824 F.2d 4 (D.C. Cir. 1987). · cites it 3× “4 An ANILCA section entitled “Status of lands within units” helps explain how CSUs may be transferred from federal to state or native hands: (1) Notwithstanding any other provision of law, subject to valid existing rights any land withdrawn pursuant to section 17(d)(1) of the…”
Cape Fox Corp. v. United States, 456 F. Supp. 784 (D. Alaska 1978). · cites it 3× “43 U.S.C. § 1616 (b)(3). See also 43 U.S.”
State, Dep't of Nat. Resources v. Nondalton Tribal Council, 268 P.3d 293 (Alaska 2012). · cites it 3× “The status of these lands was not resolved until after Congress enacted the Alaska National Interest Land Conservation Act in 1980.”
State of Alaska v. Andrus, 429 F. Supp. 958 (D. Alaska 1977). · cites it 3× “43 U.S.C. §§ 1616 (d)(2) and 1616(d)(3). A substantial portion of the wolf hunt was to occur on “d-2” lands.”
C. Burglin v. Rogers C. B. Morton, 527 F.2d 486 (9th Cir. 1976). “The action of the Secretary in withdrawing lands was mandated by Congress, 43 U.S.C. § 1616 (d)(2)(A); the selection of the lands to be withdrawn was an exercise of discretion, rather than an abuse of discretion.”
Omar Stratman v. James G. Watt, 656 F.2d 1321 (9th Cir. 1981). “43 U.S.C. § 1616 (b). We are thus persuaded that recreational interests are within the zone protected by the statute and we reject the defendants’ argument that the recreational *1325 claims should have been dismissed for lack of standing.”
State of Alaska v. Carter, 462 F. Supp. 1155 (D. Alaska 1978). “” Section 17(d)(2)(A), 43 U.S.C.A. § 1616 (d)(2)(A) (Supp.1978).”
Kile v. Belisle, 759 P.2d 1292 (Alaska 1988). “43 U.S.C. § 1616 (d)(2)(A) (1986); 37 Fed.”
Rowe v. United States, 464 F. Supp. 1060 (D. Alaska 1979). “, ANCSA § 17(d)(1), (2), 43 U.S.C. § 1616 (d)(1), (2) (public interest lands, national parks, forest, wildlife refuges, and wild and scenic rivers), ANCSA § 22(e), 43 U.”
Chugach Natives, Inc. v. Doyon, Ltd., 588 F.2d 723 (9th Cir. 1978). “A separate enactment was necessary because in lieu lands Koniag had selected had also been withdrawn by the Secretary of the Interior under ANCSA § 17(d)(2), 43 U.S.C.A. § 1616 (d)(2) (West Supp.1978), for possible addition to the national park system as a national monument.”
Koniag, Inc. v. Kleppe, 405 F. Supp. 1360 (D.D.C. 1975). “” planning of lands received by the Natives from national forests (ANCSA, § 17(a) (7) (I), 43 U. S.C. § 1616(a)(7)(I) (Supp. Ill, 1973)), and provides that national forest lands selected by a Native village shall be subject to Forest Service management prior to conveyance…”
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43 U.S.C. § 1616(a)(7)(I): 1 case
Koniag, Inc. v. Kleppe, 405 F. Supp. 1360 (D.D.C. 1975). “” planning of lands received by the Natives from national forests (ANCSA, § 17(a) (7) (I), 43 U. S.C. § 1616(a)(7)(I) (Supp. Ill, 1973)), and provides that national forest lands selected by a Native village shall be subject to Forest Service management prior to conveyance…”
43 U.S.C. § 1616(d)(2): 1 case
Cent. Council of the Tlingit & Haida Indians of Alaska v. Chugach Native Ass'n & Chugach Natives, 502 F.2d 1323 (9th Cir. 1974).
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