43 U.S.C. § 1616 — Joint Federal-State Land Use Planning Commission for Alaska

(a) Omitted.

(b) Public easements and existing access. (1) The Planning Commission must identify public easements across lands selected by Village and Regional Corporations and at intervals along major waterways when reasonably needed for treaty obligations and full public use and access for recreation, hunting, transportation, utilities, docks, and other public uses the Commission finds important. (2) It must consult appropriate State and Federal agencies, review proposed transportation plans, and receive and review statements from interested organizations and people about the need and location of easements. A valid existing right recognized by this chapter keeps all access provided by existing law; this subsection may not reduce or limit it. (3) Before the Secretary issues a patent under this chapter to a Village or Regional Corporation, the Secretary must consult the State and Commission and reserve needed public easements.

(c) Utility corridor. If the Secretary withdraws an Alaska utility and transportation corridor across public lands under existing authority, the State and Village and Regional Corporations may not select land from the withdrawn area.

(d) Withdrawals and land management. (1) Public Land Order 4582, as amended, is revoked. For 90 days after December 18, 1971, all unreserved Alaska public land is withdrawn from every form of appropriation under public-land laws, including mining (except metalliferous-mineral locations) and mineral leasing. During that period the Secretary must review the land and decide whether portions need continued withdrawal to protect the public interest. Any further withdrawal requires an affirmative Secretary action under existing authority. The Secretary may classify or reclassify withdrawn land and open it to appropriation consistently with that classification. These withdrawals do not affect the State’s or Corporations’ power to select and receive patents in areas withdrawn under 43 U.S.C. § 1610. (2)(A) Under existing authority, the Secretary must withdraw up to 80 million acres, but no more, of unreserved Alaska public land, including previously classified land, from appropriation, mineral leasing, and mining, from State selection under the Alaska Statehood Act, and from Regional Corporation selection under § 1610, when the Secretary finds it suitable for National Park, Forest, Wildlife Refuge, or Wild and Scenic Rivers units. Such withdrawal does not affect selections and patents under § 1610. (B) The withdrawal must occur within nine months of December 18, 1971. Land not withdrawn under this paragraph or paragraph (1) is available for State selection and public-land appropriation. (C) Every six months for two years, the Secretary must tell Congress where the withdrawn land is, its size and values, and recommendations. After two years, land not recommended for a listed conservation system is available to the State and Regional Corporations and for public-land appropriation. (D) Recommended land stays withdrawn until Congress acts, but no longer than five years after the recommendation date. Land not recommended is released at the end of two years. (E) State and Regional Corporations may initially identify desired selections inside the withdrawal, but may not receive tentative approval or patents while it remains. Village Corporation selections are unaffected and may be patented as this chapter allows. If Congress sets aside land desired by the State or Regional Corporations, other unreserved public land must be offered as an alternative. Legal selection deadlines are extended for delays caused by this paragraph. (3) The Secretary administers land withdrawn under this section under applicable laws and rules, and the withdrawal does not limit the Secretary’s power to contract or grant leases, permits, rights-of-way, or easements.