§1609 — Title 43 Public Lands | U.S. Code

Summary

Lawsuits that try to challenge the United States’ power to make this law or its legality must have been filed within one year of December 18, 1971. Only an authorized State official could start those suits, and only the United States District Court for the District of Alaska can hear them. The rule exists to make land and rights final so people can rely on them. If the State starts or joins such a lawsuit, the State’s land selections are paused for any public lands the Secretary finds might be valuable for minerals, timber, or other commercial uses. While the suit is pending, no selections, tentative approvals, or patents are allowed for those lands. The time allowed under section 6 of the Alaska Statehood Act is extended by the same amount of time the selections were paused.

Title 43, §1609

Public Lands — Source: USLM XML via OLRC

(a)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)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.

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References 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.

§1609 Limitation of actions

Summary

Title 43, §1609

Notes & Related Subsidiaries

Editorial Notes

References in Text

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