§1632 — Title 43 Public Lands | U.S. Code

Summary

You cannot sue in court to challenge the Secretary’s decisions under this law or under the Alaska Native Claims Settlement Act unless you start the court case within two years after the Secretary’s decision becomes final or by December 2, 1980, whichever is later. That rule does not apply to decisions about whether water is navigable for ownership of submerged land under the Submerged Lands Act. Before going to court, you must first use any administrative appeals available. If a Village Corporation returns land under ANCSA section 14(c), any court challenge must be started within one year after the map of boundaries is filed under rules the Secretary makes.

Title 43, §1632

Public Lands — Source: USLM XML via OLRC

(a)Except for administrative determinations of navigability for purposes of determining ownership of submerged lands under the Submerged Lands Act [43 U.S.C. 1301 et seq., 1311 et seq.], a decision of the Secretary under this chapter or the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] shall not be subject to judicial review unless such action is initiated before a court of competent jurisdiction within two years after the day the Secretary’s decision becomes final or December 2, 1980, whichever is later: Provided, That the party seeking such review shall first exhaust any administrative appeal rights.

(b)Decisions made by a Village Corporation to reconvey land under section 14(c) of the Alaska Native Claims Settlement Act [43 U.S.C. 1613(c)] shall not be subject to judicial review unless such action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of boundaries as provided for in regulations promulgated by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Submerged Lands Act, referred to in subsec. (a), is Act May 22, 1953, ch. 65, 67 Stat. 29, which is classified generally to subchapters I and II (§§ 1301 et seq., 1311 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables. This chapter, referred to in subsec. (a), was in the original “this title”, meaning title IX of Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2430, which enacted this chapter, amended section 1614 and 1620 of this title, and amended provisions set out as notes under section 1611 of this title and preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of title IX to the code, see Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (a), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of this title and Tables.

§1632 Statute of Limitations on Decisions of Secretary and Reconveyance of Land by Village Corporation

Summary

Title 43, §1632

Notes & Related Subsidiaries

Editorial Notes

References in Text

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