Title 43 — Public Lands
Chapter 33 — Alaska Native Claims Settlement
§ 1609. Limitation of actions
Statutory text
Complaint, time for filing; jurisdiction; commencement by State official; certainty and finality of vested rights, titles, and interests
Notwithstanding any other provision of law, any civil action to contest the authority of the United States to legislate on the subject matter or the legality of this chapter shall be barred unless the complaint is filed within one year of , and no such action shall be entertained unless it is commenced by a duly authorized official of the State. Exclusive jurisdiction over such action is hereby vested in the United States District Court for the District of Alaska. The purpose of this limitation on suits is to insure that, after the expiration of a reasonable period of time, the right, title, and interest of the United States, the Natives, and the State of Alaska will vest with certainty and finality and may be relied upon by all other persons in their relations with the State, the Natives, and the United States.
Land selection; suspension and extension of rights
In the event that the State initiates litigation or voluntarily becomes a party to litigation to contest the authority of the United States to legislate on the subject matter or the legality of this chapter, all rights of land selection granted to the State by the Alaska Statehood Act shall be suspended as to any public lands which are determined by the Secretary to be potentially valuable for mineral development, timber, or other commercial purposes, and no selections shall be made, no tentative approvals shall be granted, and no patents shall be issued for such lands during the pendency of such litigation. In the event of such suspension, the State’s right of land selection pursuant to section 6 of the Alaska Statehood Act shall be extended for a period of time equal to the period of time the selection right was suspended.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Alaska Native Claims Settlement Act
Pub. L. 92–203 § 10 · 85 Stat. 688
Enacted · 43 U.S.C. § 1609
(Pub. L. 92–203, § 10, Dec. 18, 1971, 85 Stat. 696.)
Source evidence
Code source credit
(Pub. L. 92–203, § 10, Dec. 18, 1971, 85 Stat. 696.)Enacted provision · exact public law section
Sec. 10. statute of limitations (a) Notwithstanding any other provision of law, any civil action to contest the authority of the United States to legislate on the subject matter or the legality of this Act shall be barred unless the complaint is filed within one year of the date of enactment of this Act, and no such action shall be entertained unless it is commenced by a Jurisdiction. duly authorized official of the State. Exclusive jurisdiction over such action is hereby vested in the United States District Court for the District of Alaska. The purpose of this limitation on suits is to insure that, after the expiration of a reasonable period of time, the right, title, and interest of the United States, the Natives, and the State of Alaska will vest with certainty and finality and may be relied upon by all other persons in their relations with the State, the Natives, and the United States. (b) In the event that the State initiates litigation or voluntarily becomes a party to litigation to contest the authority of the United States to legislate on the subject matter or the legality of this Act, all rights of land selection granted to the State by the Alaska Statehood 72 Stat. 339. 48 USC prec 21 note.. Act shall be suspended as to any public lands which are determined by the Secretary to be potentially valuable for mineral development, timber, or other commercial purposes, and no selections shall be made, no tentative approvals shall be granted, and no patents shall be issued for Extension. such lands during the pendency of such litigation. In the event of such suspension, the State’s right of land selection pursuant to section 6 of 72 Stat. 340; 78 Stat. 168. the Alaska Statehood Act shall be extended for a period of time equal to the period of time the selection right was suspended.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Alaska Statehood Act and section 6 of the Alaska Statehood Act, referred to in subsec. (b), are Pub. L. 85–508, , 72 Stat. 339, and section 6 thereof, and are set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.