PRIA, Government Policy, Made Personal

Summary

The Secretary must only keep the kinds of easements listed in section 17(b)(1) for lands given to Native Corporations or Native Groups. Those easements must be drawn to reduce harm to Native ways of life and to subsistence uses. Each easement must be placed and described exactly and must cover only the land needed for its purpose. If an easement was not kept at the time of conveyance but later is needed for a purpose in section 17(b)(1), the Secretary may buy or otherwise obtain it, and that acquisition counts as a public purpose under section 22(f). Offers for noncompetitive oil and gas leases that were filed but did not become leases by December 18, 1971, on lands selected by and conveyed to Native Corporations or individual Natives (including conveyances before, on, or after December 2, 1980, under section 14(h)(5) or (6)) do not create valid existing rights under section 14(g) or under this Act. This Act does not change or add limits to the Act of January 2, 1976 (89 Stat. 1145), as amended by Public Laws 94–456 and 95–178, and it does not add restrictions on lands listed in section 22(k).

Title 43, §1633

Public Lands, Source: USLM XML via OLRC

(a)Limitations concerning easements

With respect to lands conveyed to Native Corporations or Native Groups the Secretary shall reserve only those easements which are described in section 17(b)(1) of the Alaska Native Claims Settlement Act [43 U.S.C. 1616(b)(1)] and shall be guided by the following principles:

(1)all easements should be designed so as to minimize their impact on Native life styles, and on subsistence uses; and

(2)each easement should be specifically located and described and should include only such areas as are necessary for the purpose or purposes for which the easement is reserved.

(b)Acquisition of future easements

Whenever, after a conveyance has been made by this Act or under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], the Secretary determines that an easement not reserved at the time of conveyance or by operation of subsection (a) of this section is required for any purpose specified in section 17(b)(1) of the Alaska Native Claims Settlement Act, he is authorized to acquire such easement by purchase or otherwise. The acquisition of such an easement shall be deemed a public purpose for which the Secretary may exercise his exchange authority pursuant to section 22(f) of the Alaska Native Claims Settlement Act [43 U.S.C. 1621(f)].

(c)Status of certain lease offers

Offers for noncompetitive oil and gas leases under the Mineral Leasing Act of 1920 [30 U.S.C. 181 et seq.] which were filed but which did not result in the issuance of a lease on or before December 18, 1971, on lands selected by, and conveyed before, on, or after December 2, 1980, to, Native Corporations or to individual Natives under paragraph (5) or (6) of section 14(h) [43 U.S.C. 1613(h)(5) or (6)] as part of the entitlement to receive land under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] shall not constitute valid existing rights under section 14(g) of such Act [43 U.S.C. 1613(g)] or under this Act.

(d)Limitation

This Act is not intended to modify, repeal, or otherwise affect any provision of the Act of January 2, 1976 (89 Stat. 1145), as amended or supplemented by Public Laws 94–456 and 95–178, and shall not be construed as imposing any additional restriction on the use or management of those lands described in section 22(k) of the Alaska Native Claims Settlement Act [43 U.S.C. 1621(k)].

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (b) to (d), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of Title 16, Conservation, and Tables. The Alaska Native Claims Settlement Act, referred to in subsecs. (b) and (c), 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. The Mineral Leasing Act of 1920, referred to in subsec. (c), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

Short Title

note set out under section 181 of Title 30 and Tables. Act of January 2, 1976 (89 Stat. 1145), as amended or supplemented by Public Laws 94–456 and 95–178, referred to in subsec. (d), is Pub. L. 94–204, Jan. 2, 1976, 89 Stat. 1145, which enacted sections 1625 to 1627 of this title, amended section 1615, 1616, 1620, and 1621 of this title, and enacted provisions set out as notes under section 1604, 1605, 1611, 1613, 1618, and 1625 of this title, as amended and supplemented by Pub. L. 94–456, Oct. 4, 1976, 90 Stat. 1934, which amended section 1615 of this title and provisions set out as notes under section 1611 of this title, and Pub. L. 95–178, Nov. 15, 1977, 91 Stat. 1369, which amended section 1613, 1615, and 1628 of this title, enacted a provision set out as a note under section 1611 of this title, and amended a provision set out as a note under section 1611 of this title. For complete classification of these Acts to the Code, see Tables.

§1633 Administrative Provisions

Summary

Title 43, §1633

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Citations & Metadata