Page:United States Statutes at Large Volume 94 Part 2.djvu/1155

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-487—DEC. 2, 1980

94 STAT. 2433

(g) As used in this section, the terms "navigable" and "navigability" mean navigable for the purpose of determining title to lands beneath navigable waters, as between the United States and the several States, pursuant to the Submerged Lands Act of 1953 (67 Stat. 29), and section 6(m) of the Alaska Statehood Act. (h) Notwithstanding any other provision of law, any civil action contesting the legality or authority of the United States to legislate on the subject matter of this section shall be barred unless the complaint is filed within one year after the date of enactment of this Act. The purpose of this limitation on suits is to ensure that, after the expiration of a reasonable period of time, the right, title, and interest of Native Corporations and Native Groups in submerged lands conveyed to them under the Alaska Native Claims Settlement Act and this Act will vest with certainty and finality and may be relied upon by such Corporations and Groups and all other persons in their relations among themselves and with the State and the United States.

"Navigable." "Navigability.'

43 USC 1301 note. 48 USC note prec. 21.

43 USC 1601 note.

STATUTE OF LIMITATIONS

SEC. 902. (a) Except for administrative determinations of navigability for purposes of determining ownership of submerged lands under the Submerged Lands Act, a decision of the Secretary under this title or the Alaska Native Claims Settlement Act shall not be subject to judicial review unless such action is initiated before a court of competent jurisdiction within two years after the day the Secretary's decision becomes final or the date of enactment of this Act, whichever is later: Provided, That the party seeking such review shall first exhaust any administrative appeal rights. OJ) Decisions made by a Village Corporation to reconvey land under section 14(c) of the Alaska Native Claims Settlement Act shall not be subject to judicial review unless such action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of boundaries as provided for in regulations promulgated by the Secretary.

43 USC 1632. 43 USC 1301 note.

43 USC 1613.

ADMINISTRATIVE PROVISIONS

SEC. 903. (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 and shall be guided Ijy 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, 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 USC 1633.

43 USC 1616.

43 USC 1601 note.

43 USC 1621.

(c) STATUS OF CERTAIN LEASE OFFERS.—Offers for noncompetitive

oil and gas leases under the Mineral Leasing Act of 1920 which were 30 USC 181 note.