43 U.S.C. § 1640 — Relinquishment of selections partly within conservation units
submitted 46 years ago by Pub. L. 96-487 to r/title-43-PUBLIC-LANDS · 262 words · no verdicts yet
A State or Native Corporation may give up part of a valid land selection that lies inside a conservation system unit. The relinquished land becomes part of that unit, while the entity keeps the same total entitlement and may receive or retain equal acreage elsewhere.
Whenever a valid State or Native selection lies partly inside and partly outside a conservation system unit, the State or Native Corporation may relinquish its rights in any part of the validly selected Federal land, including land under water, that lies inside the unit. The relinquished land becomes part of the unit and is administered as part of it. The relinquishment does not reduce the State’s or Corporation’s total land entitlement. Instead of land or water it relinquishes, the State may select the same acreage from other available land under the Alaska Statehood Act as amended by this Act. The Native Corporation may keep the same acreage from overselection land for which it properly and timely filed a selection application. The relinquishment does not make an otherwise valid selection outside the unit invalid because the remaining selection no longer meets size, compactness, or contiguity rules, or because the retained portion immediately outside the unit does not follow section lines along the unit boundary. The outside selection remains valid.
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.
Source credit: (Pub. L. 96–487, title XIV, § 1415, Dec. 2, 1980, 94 Stat. 2499.)
- 1980Enacted · Pub. L. 96-487 · 94 Stat. 2499
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-487 on 1980-12-02.
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