Title 43Public LandsRelease 119-73

§1610 Withdrawal of public lands

Title 43 › Chapter CHAPTER 33— - ALASKA NATIVE CLAIMS SETTLEMENT › § 1610

Last updated Apr 6, 2026|Official source

Summary

Sets aside public lands around certain Native villages so those lands cannot be taken for public land claims, mining, mineral leasing, or chosen by the State under the Alaska Statehood Act, except for any valid rights already in place. The land set aside includes the township that contains all or part of a listed Native village, the townships that touch that township, and the townships that touch those second townships. Any lands in those townships that the State has picked but not yet patented are also set aside and cannot be used to create third‑party interests. If the townships above do not give a Village or Regional Corporation enough acres to take what it is entitled to, the Secretary must set aside three times the shortfall from nearby unreserved public lands similar to the village land and as close as possible to the village center, but not lands needed to expand a National Wildlife Refuge under sections 1616 and 1621(e). The Secretary must make that extra withdrawal based on the best information within 60 days after December 18, 1971, or as soon as possible. The list of Native villages is in subsection (b)(1). Within two and one‑half years after December 18, 1971, the Secretary must review the listed villages and cancel benefits or withdrawals for any village that had fewer than 25 Native residents on the 1970 census or that is modern and mostly non‑Native. Villages not on the list can become eligible if, within the same two‑and‑a‑half year period, the Secretary finds they had 25 or more Native residents in 1970 and are not modern, urban, and majority non‑Native.

Full Legal Text

Title 43, §1610

Public Lands — Source: USLM XML via OLRC

(a)(1)The following public lands are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from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 pursuant 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(C)The lands in each township that is contiguous to or corners on a township containing lands withdrawn by paragraph (B) of this subsection.
(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 1616, and 1621(e) of this title 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 December 18, 1971, or as soon thereafter as practicable.
(b)(1)The Native villages subject to this chapter are as follows:
(2)Within two and one-half years from December 18, 1971, 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 section 1613(a) and (b) of this title, 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.
(3)Native villages not listed in subsection (b)(1) hereof shall be eligible for land and benefits under this chapter and lands shall be withdrawn pursuant to this section if the Secretary within two and one-half years from December 18, 1971, 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska Statehood Act, as amended, referred to in subsec. (a)(1), (2), 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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1610

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73