43 U.S.C. § 1640: Relinquishment of selections…

Summary

Allows a State or a Native Corporation to give up any part of a land selection that falls inside a conservation system unit. When they give up that part, the federal government takes it and manages it as part of the conservation unit. That includes land under water. Giving up land does not reduce the total land the State or Native Corporation is entitled to. The State can choose the same amount of land elsewhere under the Alaska Statehood Act as amended by this Act. A Native Corporation can keep the same amount from overselection lands if its applications were properly and timely filed. Giving up part of a selection does not cancel or weaken the remaining selection outside the conservation unit, even if the leftover piece no longer meets rules about size, compactness, contiguity, or following section lines.

Title 43, §1640

Public Lands, Source: USLM XML via OLRC

Whenever a valid State or Native selection is partly in and partly out of the boundary of a conservation system unit, notwithstanding any other provision of law to the contrary, the State or any Native Corporation may relinquish its rights in any portion of any validly selected Federal land, including land underneath waters, which lies within the boundary of the conservation system unit. Upon relinquishment, the Federal land (including land underneath waters) so relinquished within the boundary of the conservation system unit shall become, and be administered as, a part of the conservation system unit. The total land entitlement of the State or Native Corporation shall not be affected by such relinquishment. In lieu of the lands and waters relinquished by the State, the State may select pursuant to the Alaska Statehood Act as amended by this Act, an equal acreage of other lands available for such purpose. The Native Corporation may retain an equal acreage from overselection lands on which selection applications were otherwise properly and timely filed. A relinquishment pursuant to this section shall not invalidate an otherwise valid State or Native Corporation land selection outside the boundaries of the conservation system unit, on the grounds that, after such relinquishment, the remaining portion of the land selection no longer meets applicable requirements of size, compactness, or contiguity, or that the portion of the selection retained immediately outside the conservation system unit does not follow section lines along the boundary of the conservation system unit. The validity of the selection outside such boundary shall not be adversely affected by the relinquishment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska Statehood Act as amended by this Act, referred to in text, is Pub. L. 85–508, July 7, 1958, 72 Stat. 339 as amended by Pub. L. 96–487, Dec. 2, 1980, 96 Stat. 2371, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. This Act, referred to in text, 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. Codification Section was not enacted as part of title IX of Pub. L. 96–487 which comprises this chapter.

§1640 Relinquishment of Selections Partly Within Conservation Units