Title 43Public LandsRelease 119-73not60

§1610 Withdrawal of Public Lands

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

Last updated Apr 5, 2026|Official source

Summary

Certain public lands around Alaska Native villages are set aside and taken out of the normal public land programs, like mining, mineral leasing, and state land selection, while keeping any valid existing rights. The set-aside covers the township that contains any listed Native village, the townships that touch that township, and the townships that touch those. Any lands the State has picked but not yet received title to are also set aside. If those townships do not give a village enough acres, the Secretary must take three times the missing amount from the nearest unclaimed public lands that are similar and nearby, except lands inside a National Wildlife Refuge when those must be kept for the refuge. The Secretary had to make these withdrawals based on the best information within 60 days after December 18, 1971, or as soon as possible. The Secretary made a list of eligible Native villages and had 2½ years from December 18, 1971, to review them. A village loses its land benefits if the Secretary finds fewer than 25 Native residents on the 1970 census date or if the village is modern and mostly non-Native. Villages not on the original list could become eligible if, within 2½ years, the Secretary finds they had 25 or more Native residents in 1970 and are not modern and are mostly 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(a)(1)The following public lands are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from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(C)The lands in each township that is contiguous to or corners on a township containing lands withdrawn by paragraph (B) of this subsection.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been selected by, or tentatively approved to, but not yet patented to, the State under the Alaska Statehood Act are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from the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 5, 2026

Release point: 119-73not60